Florida Senate - 2009 SB 2076
By Senator Oelrich
14-01678-09 20092076__
1 A bill to be entitled
2 An act relating to the use of hoax firearms; creating
3 s. 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
6 robbery, carjacking, and home-invasion robbery to
7 provide increased penalties when a hoax firearm is
8 carried in the course of committing the offense;
9 amending s. 921.0022, F.S.; conforming provisions of
10 the offense severity ranking chart of the Criminal
11 Punishment Code to changes made by the act; amending
12 s. 948.062, F.S.; conforming provisions; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 812.129, Florida Statutes, is created to
18 read:
19 812.129 Definition; ss. 812.13-813.135.—As used in ss.
20 812.13-813.135, the term “hoax firearm” means any device or
21 object that by its design, construction, content, or
22 characteristics appears to be a firearm as defined in s.
23 790.001, but that is, in fact, a facsimile or imitation of such
24 firearm.
25 Section 2. Paragraphs (a) and (c) of subsection (2) of
26 section 812.13, Florida Statutes, are amended to read:
27 812.13 Robbery.—
28 (2)(a) If in the course of committing the robbery the
29 offender carried a firearm or other deadly weapon or hoax
30 firearm, then the robbery is a felony of the first degree,
31 punishable by imprisonment for a term of years not exceeding
32 life imprisonment or as provided in s. 775.082, s. 775.083, or
33 s. 775.084.
34 (c) If in the course of committing the robbery the offender
35 carried no firearm, deadly weapon, or other weapon, or hoax
36 firearm, then the robbery is a felony of the second degree,
37 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
38 Section 3. Subsection (2) of section 812.133, Florida
39 Statutes, is amended to read:
40 812.133 Carjacking.—
41 (2)(a) If in the course of committing the carjacking the
42 offender carried a firearm or other deadly weapon or hoax
43 firearm, then the carjacking is a felony of the first degree,
44 punishable by imprisonment for a term of years not exceeding
45 life imprisonment or as provided in s. 775.082, s. 775.083, or
46 s. 775.084.
47 (b) If in the course of committing the carjacking the
48 offender carried no firearm, deadly weapon, or other weapon, or
49 hoax firearm, then the carjacking is a felony of the first
50 degree, punishable as provided in s. 775.082, s. 775.083, or s.
51 775.084.
52 Section 4. Paragraphs (a) and (c) of subsection (2) of
53 section 812.135, Florida Statutes, are amended to read:
54 812.135 Home-invasion robbery.—
55 (2)(a) If in the course of committing the home-invasion
56 robbery the person carries a firearm or other deadly weapon or
57 hoax firearm, the person commits a felony of the first degree,
58 punishable by imprisonment for a term of years not exceeding
59 life imprisonment as provided in s. 775.082, s. 775.083, or s.
60 775.084.
61 (c) If in the course of committing the home-invasion
62 robbery the person carries no firearm, deadly weapon, or other
63 weapon, or hoax firearm, the person commits a felony of the
64 first degree, punishable as provided in s. 775.082, s. 775.083,
65 or s. 775.084.
66 Section 5. Paragraphs (f), (g), (h), (i), and (j) of
67 subsection (3) of section 921.0022, Florida Statutes, are
68 amended to read:
69 921.0022 Criminal Punishment Code; offense severity ranking
70 chart.—
71 (3) OFFENSE SEVERITY RANKING CHART
72 (f) LEVEL 6
73 FloridaStatute FelonyDegree Description
74 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
75 499.0051(3) 2nd Knowing forgery of pedigree papers.
76 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
77 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
78 775.0875(1) 3rd Taking firearm from law enforcement officer.
79 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
80 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
81 784.041 3rd Felony battery; domestic battery by strangulation.
82 784.048(3) 3rd Aggravated stalking; credible threat.
83 784.048(5) 3rd Aggravated stalking of person under 16.
84 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
85 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
86 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
87 784.081(2) 2nd Aggravated assault on specified official or employee.
88 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
89 784.083(2) 2nd Aggravated assault on code inspector.
90 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
91 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
92 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
93 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
94 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
95 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
96 794.05(1) 2nd Unlawful sexual activity with specified minor.
97 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
98 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
99 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
100 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
101 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
102 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
103 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
104 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
105 812.13(2)(c) 2nd Robbery, no firearm, or other weapon, or hoax firearm (strong-arm robbery).
106 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
107 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
108 825.102(1) 3rd Abuse of an elderly person or disabled adult.
109 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
110 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
111 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
112 827.03(1) 3rd Abuse of a child.
113 827.03(3)(c) 3rd Neglect of a child.
114 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
115 836.05 2nd Threats; extortion.
116 836.10 2nd Written threats to kill or do bodily injury.
117 843.12 3rd Aids or assists person to escape.
118 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
119 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
120 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
121 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
122 944.35(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.
123 944.40 2nd Escapes.
124 944.46 3rd Harboring, concealing, aiding escaped prisoners.
125 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
126 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
127
128 (g) LEVEL 7
129 FloridaStatute FelonyDegree Description
130 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
131 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
132 316.1935(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.
133 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
134 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
135 409.920(2) 3rd Medicaid provider fraud.
136 456.065(2) 3rd Practicing a health care profession without a license.
137 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
138 458.327(1) 3rd Practicing medicine without a license.
139 459.013(1) 3rd Practicing osteopathic medicine without a license.
140 460.411(1) 3rd Practicing chiropractic medicine without a license.
141 461.012(1) 3rd Practicing podiatric medicine without a license.
142 462.17 3rd Practicing naturopathy without a license.
143 463.015(1) 3rd Practicing optometry without a license.
144 464.016(1) 3rd Practicing nursing without a license.
145 465.015(2) 3rd Practicing pharmacy without a license.
146 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
147 467.201 3rd Practicing midwifery without a license.
148 468.366 3rd Delivering respiratory care services without a license.
149 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
150 483.901(9) 3rd Practicing medical physics without a license.
151 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
152 484.053 3rd Dispensing hearing aids without a license.
153 494.0018(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.
154 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
155 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
156 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
157 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
158 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
159 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
160 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
161 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
162 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
163 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
164 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
165 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
166 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
167 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
168 784.048(7) 3rd Aggravated stalking; violation of court order.
169 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
170 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
171 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
172 784.081(1) 1st Aggravated battery on specified official or employee.
173 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
174 784.083(1) 1st Aggravated battery on code inspector.
175 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
176 790.16(1) 1st Discharge of a machine gun under specified circumstances.
177 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
178 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
179 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
180 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
181 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
182 794.08(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.
183 796.03 2nd Procuring any person under 16 years for prostitution.
184 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
185 800.04(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.
186 806.01(2) 2nd Maliciously damage structure by fire or explosive.
187 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
188 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
189 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
190 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
191 812.014(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.
192 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
193 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
194 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
195 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
196 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
197 812.131(2)(a) 2nd Robbery by sudden snatching.
198 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon, or hoax firearm.
199 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
200 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
201 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
202 817.2341(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.
203 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
204 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
205 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
206 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
207 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
208 838.015 2nd Bribery.
209 838.016 2nd Unlawful compensation or reward for official behavior.
210 838.021(3)(a) 2nd Unlawful harm to a public servant.
211 838.22 2nd Bid tampering.
212 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
213 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
214 872.06 2nd Abuse of a dead human body.
215 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
216 893.13(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.
217 893.13(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.
218 893.13(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).
219 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
220 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
221 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
222 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
223 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
224 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
225 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
226 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
227 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
228 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
229 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
230 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
231 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
232 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
233 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
234 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
235 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
236 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
237 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
238 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
239 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
240 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
241 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
242 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
243 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
244
245 (h) LEVEL 8
246 FloridaStatute FelonyDegree Description
247 316.193(3)(c)3.a. 2nd DUI manslaughter.
248 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
249 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
250 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
251 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
252 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
253 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
254 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
255 777.03(2)(a) 1st Accessory after the fact, capital felony.
256 782.04(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.
257 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
258 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
259 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
260 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
261 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
262 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
263 800.04(4) 2nd Lewd or lascivious battery.
264 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
265 810.02(2)(a) 1st,PBL Burglary with assault or battery.
266 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
267 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
268 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
269 812.13(2)(b) 1st Robbery with a weapon.
270 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon, or hoax firearm.
271 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
272 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
273 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
274 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
275 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
276 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
277 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
278 860.16 1st Aircraft piracy.
279 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
280 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
281 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
282 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
283 893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
284 893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
285 893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
286 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
287 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
288 893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
289 893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
290 893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
291 893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
292 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
293 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
294 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
295 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
296 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
297 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
298
299 (i) LEVEL 9
300 FloridaStatute FelonyDegree Description
301 316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
302 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
303 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
304 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
305 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
306 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
307 775.0844 1st Aggravated white collar crime.
308 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
309 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
310 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
311 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
312 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
313 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
314 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
315 787.02(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.
316 790.161 1st Attempted capital destructive device offense.
317 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
318 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
319 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
320 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
321 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
322 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
323 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
324 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon or hoax firearm.
325 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon or hoax firearm.
326 812.135(2)(b) 1st Home-invasion robbery with weapon.
327 817.568(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.
328 827.03(2) 1st Aggravated child abuse.
329 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
330 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
331 859.01 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.
332 893.135 1st Attempted capital trafficking offense.
333 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
334 893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
335 893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
336 893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
337 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
338 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
339 893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
340 893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
341 893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
342 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
343 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
344
345 (j) LEVEL 10
346 FloridaStatute FelonyDegree Description
347 499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
348 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
349 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
350 787.01(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.
351 782.07(3) 1st Aggravated manslaughter of a child.
352 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
353 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon or hoax firearm.
354 876.32 1st Treason against the state.
355 Section 6. Paragraph (g) of subsection (1) of section
356 948.062, Florida Statutes, is amended to read:
357 948.062 Reviewing and reporting serious offenses committed
358 by offenders placed on probation or community control.—
359 (1) The department shall review the circumstances related
360 to an offender placed on probation or community control who has
361 been arrested while on supervision for the following offenses:
362 (g) Any robbery with a firearm or other deadly weapon or a
363 hoax firearm, home invasion robbery, or carjacking as provided
364 in s. 812.13(2)(a), s. 812.135, or s. 812.133;
365 Section 7. This act shall take effect October 1, 2009.