HB 317

1	A bill to be entitled
2	An act relating to the false personation of a law
3	enforcement officer or other person; amending s. 316.2397,
4	F.S., relating to unlawfully showing or displaying certain
5	lights; providing that the unlawful display of blue lights
6	is a misdemeanor of the first degree; amending s. 843.08,
7	F.S., relating to falsely personating an officer;
8	subdividing penalty provisions for the purpose of
9	referencing such provisions; amending s. 843.081, F.S.;
10	providing that the unlawful use of flashing or rotating
11	blue lights is a felony of the third degree rather than a
12	misdemeanor of the first degree; amending s. 843.085,
13	F.S., relating to the unlawful use of police badges or
14	other indicia of authority; providing that unlawfully
15	wearing, displaying, selling, transferring, or giving away
16	specified indicia of authority of a criminal justice
17	agency, or unlawfully owning or operating a motor vehicle
18	marked with such indicia, is a felony of the third degree
19	rather than a misdemeanor of the first degree; clarifying
20	that the intent to mislead is an element of unlawfully
21	wearing or displaying specified indicia of authority of a
22	criminal justice agency; providing penalties; amending s.
23	921.0022, F.S., relating to the offense severity ranking
24	chart of the Criminal Punishment Code; ranking violations
25	of ss. 843.08, 843.081, 843.085, and 843.0855, F.S.,
26	within the chart; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsections (2) and (10) of section 316.2397,
31	Florida Statutes, are amended to read:
32	316.2397  Certain lights prohibited; exceptions.--
33	(2)  It is expressly prohibited for any vehicle or
34	equipment, except a police vehicle vehicles, to show or display
35	blue lights. However, vehicles owned, operated, or leased by the
36	Department of Corrections may show or display blue lights when
37	responding to emergencies.
38	(10)  Except for a violation of subsection (2), a violation
39	of this section is a noncriminal traffic infraction, punishable
40	as a nonmoving violation as provided in chapter 318. A person
41	who violates subsection (2) commits a misdemeanor of the first
42	degree, punishable as provided in s. 775.082 or s. 775.083.
43	Section 2.  Section 843.08, Florida Statutes, is amended to
44	read:
45	843.08  Falsely personating officer, etc.--
46	(1)  A person may not who falsely assume assumes or pretend
47	pretends to be a sheriff, officer of the Florida Highway Patrol,
48	officer of the Fish and Wildlife Conservation Commission,
49	officer of the Department of Environmental Protection, officer
50	of the Department of Transportation, officer of the Department
51	of Financial Services, officer of the Department of Corrections,
52	correctional probation officer, deputy sheriff, state attorney
53	or assistant state attorney, statewide prosecutor or assistant
54	statewide prosecutor, state attorney investigator, coroner,
55	police officer, lottery special agent or lottery investigator,
56	beverage enforcement agent, or watchman, or any member of the
57	Parole Commission and any administrative aide or supervisor
58	employed by the commission, or any personnel or representative
59	of the Department of Law Enforcement, or a federal law
60	enforcement officer as defined in s. 901.1505, and take takes
61	upon himself or herself to act as such, or to require any other
62	person to aid or assist him or her in a matter pertaining to the
63	duty of any such officer.,
64	(2)  A person who violates subsection (1) commits a felony
65	of the third degree, punishable as provided in s. 775.082, s.
66	775.083, or s. 775.084.; however,
67	(3)  A person who falsely personates any such officer in
68	violation of subsection (1) during the course of the commission
69	of a felony commits a felony of the second degree, punishable as
70	provided in s. 775.082, s. 775.083, or s. 775.084.; except that
71	if
72	(4)  A person who falsely personates any officer in
73	violation of subsection (1) during the course of the commission
74	of a felony, and the commission of the felony results in the
75	death or personal injury of another human being, the person
76	commits a felony of the first degree, punishable as provided in
77	s. 775.082, s. 775.083, or s. 775.084.
78	Section 3.  Section 843.081, Florida Statutes, is amended
79	to read:
80	843.081  Prohibited use of certain lights; penalty.--
81	(1)  The Legislature finds and declares that Florida's
82	residents and visitors citizens are vulnerable to becoming the
83	victims of criminal acts through the illegal use of blue lights
84	by the criminal elements. It is the intent of the Legislature to
85	reduce this vulnerability to injury and loss of life and
86	property by prohibiting the use of certain blue lights by any
87	person other than an authorized law enforcement officer.
88	(2)  It is unlawful for a person to use in or on any
89	nongovernmentally owned vehicle or vessel any flashing or
90	rotating blue light unless such person is a law enforcement
91	officer employed by a federal, state, county, or city law
92	enforcement agency or is a person appointed by the Governor
93	pursuant to chapter 354.
94	(3)  The provisions of this section do shall not apply to
95	salespersons, service representatives, or other employees of
96	businesses licensed to sell or repair law enforcement equipment.
97	(4)  For the purposes of this section, the term "flashing
98	or rotating blue light" includes all forms of lights which
99	display a blue light source or which were designed with the
100	intent of displaying a blue light source whether or not such
101	light is actually in use.
102	(5)  A Any person who violates any of the provisions of
103	this section commits a felony misdemeanor of the third first
104	degree, punishable as provided in s. 775.082, or s. 775.083, or
105	s. 775.084.
106	Section 4.  Section 843.085, Florida Statutes, is amended
107	to read:
108	843.085  Unlawful use of police badges or other indicia of
109	authority.--It is unlawful for any person:
110	(1)  It is unlawful for a person, unless appointed by the
111	Governor pursuant to chapter 354, authorized by the appropriate
112	agency, or displayed in a closed or mounted case as a collection
113	or exhibit, to wear or display any authorized indicia of
114	authority, including any badge, insignia, emblem, identification
115	card, or uniform, or any colorable imitation thereof, of any
116	federal, state, county, or municipal law enforcement agency, or
117	other criminal justice agency as now or hereafter defined in s.
118	943.045, with the intent to mislead or cause another person to
119	believe that he or she is a member of that agency or is
120	authorized to display or wear such item, or to wear or display
121	any item that which could deceive a reasonable person into
122	believing that such item is authorized by any of the agencies
123	described above for use by the person displaying or wearing it,
124	or which displays in any manner or combination the word or words
125	"police," "patrolman," "agent," "sheriff," "deputy," "trooper,"
126	"highway patrol," "Wildlife Officer," "Marine Patrol Officer,"
127	"state attorney," "public defender," "marshal," "constable," or
128	"bailiff," with the intent to mislead or cause another person to
129	believe that he or she is a member of that agency or is
130	authorized to wear or display such item which could deceive a
131	reasonable person into believing that such item is authorized by
132	any of the agencies described above for use by the person
133	displaying or wearing it. It is insufficient to prove criminal
134	intent under this subsection that a person wore or displayed
135	such item without authorization from the agency displayed on
136	such item. To evidence this intent, there must be an additional
137	affirmative act by the person which indicates this intent, such
138	as the person misrepresenting that he or she is employed by the
139	agency displayed on such item or misrepresenting that he or she
140	is authorized by that agency to wear or display such item. A
141	person who violates this subsection commits a felony of the
142	third degree, punishable as provided in s. 775.082, s. 775.083,
143	or s. 775.084.
144	(2)  It is unlawful for a person to own or operate a motor
145	vehicle marked or identified in any manner or combination by the
146	word or words "police," "patrolman," "sheriff," "deputy,"
147	"trooper," "highway patrol," "Wildlife Officer," "Marine Patrol
148	Officer," "marshal," "constable," or "bailiff," or by any
149	lettering, marking, or insignia, or colorable imitation thereof,
150	including, but not limited to, stars, badges, or shields,
151	officially used to identify the vehicle as a federal, state,
152	county, or municipal law enforcement vehicle or a vehicle used
153	by a criminal justice agency as now or hereafter defined in s.
154	943.045, with the intent to mislead or cause another person to
155	believe that such vehicle is an official vehicle of that agency
156	and is authorized to be used by that agency which could deceive
157	a reasonable person into believing that such vehicle is
158	authorized by any of the agencies described above for use by the
159	person operating the motor vehicle, unless such vehicle is owned
160	or operated by the appropriate agency and its use is authorized
161	by such agency, or the local law enforcement agency authorizes
162	the use of such vehicle, or unless the person is appointed by
163	the Governor pursuant to chapter 354. A person who violates this
164	subsection commits a felony of the third degree, punishable as
165	provided in s. 775.082, s. 775.083, or s. 775.084.
166	(3)(a)  It is unlawful for a person to sell, transfer, or
167	give away the authorized badge, or colorable imitation thereof,
168	including miniatures, of any criminal justice agency as now or
169	hereafter defined in s. 943.045, or bearing in any manner or
170	combination the word or words "police," "patrolman," "sheriff,"
171	"deputy," "trooper," "highway patrol," "Wildlife Officer,"
172	"Marine Patrol Officer," "marshal," "constable," "agent," "state
173	attorney," "public defender," or "bailiff," which could deceive
174	a reasonable person into believing that such item is authorized
175	by any of the agencies described above, except for agency
176	purchases or upon the presentation and recordation of both a
177	driver's license and other identification showing any transferee
178	to actually be a member of such criminal justice agency or
179	unless the person is appointed by the Governor pursuant to
180	chapter 354. A person who violates this paragraph commits a
181	felony of the third degree, punishable as provided in s.
182	775.082, s. 775.083, or s. 775.084.
183	(b)  A transferor of an item covered by this subsection is
184	required to maintain for 2 years a written record of such
185	transaction, including records showing compliance with this
186	subsection, and if such transferor is a business, it shall make
187	such records available during normal business hours for
188	inspection by any law enforcement agency having jurisdiction in
189	the area where the business is located. A person who violates
190	this paragraph commits a misdemeanor of the first degree,
191	punishable as provided in s. 775.082 or s. 775.083.
192	(4)  Nothing in This section does not shall prohibit a
193	fraternal, benevolent, or labor organization or association, or
194	their chapters or subsidiaries, from using the following words,
195	in any manner or in any combination, if those words appear in
196	the official name of the organization or association:  "police,"
197	"patrolman," "sheriff," "deputy," "trooper," "highway patrol,"
198	"Wildlife Officer," "Marine Patrol Officer," "marshal,"
199	"constable," or "bailiff."
200	(5)  Violation of any provision of this section is a
201	misdemeanor of the first degree, punishable as provided in s.
202	775.082 or s. 775.083. This section is cumulative to any law now
203	in force in the state.
204	Section 5.  Paragraphs (b), (c), (e), and (g) of subsection
205	(3) of section 921.0022, Florida Statutes, are amended to read:
206	921.0022  Criminal Punishment Code; offense severity
207	ranking chart.--
208	(3)  OFFENSE SEVERITY RANKING CHART
209	(b)  LEVEL 2
210
	FloridaStatute FelonyDegree Description
211
	379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
212
	379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
213
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
214
	517.07 3rd Registration of securities and furnishing of prospectus required.
215
	590.28(1) 3rd Willful, malicious, or intentional burning.
216
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
217
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
218
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
219
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
220
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
221
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
222
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
223
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
224
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
225
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
226
	817.52(3) 3rd Failure to redeliver hired vehicle.
227
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
228
	817.60(5) 3rd Dealing in credit cards of another.
229
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
230
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
231
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
232
	831.01 3rd Forgery.
233
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
234
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
235
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
236
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
237
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
238
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
239
	843.08 3rd Falsely impersonating an officer.
240
	893.13(2)(a)2. 3rd Purchase of any 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 other than cannabis.
241
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
242
243	(c)  LEVEL 3
244
	FloridaStatute FelonyDegree Description
245
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
246
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
247
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
248
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
249
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
250
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
251
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
252
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
253
	327.35(2)(b) 3rd Felony BUI.
254
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
255
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
256
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
257
	379.2431(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.
258
	379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
259
	400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
260
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
261
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
262
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
263
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
264
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
265
	697.08 3rd Equity skimming.
266
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
267
	796.05(1) 3rd Live on earnings of a prostitute.
268
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
269
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
270
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
271
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
272
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
273
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
274
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
275
	817.233 3rd Burning to defraud insurer.
276
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
277
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
278
	817.236 3rd Filing a false motor vehicle insurance application.
279
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
280
	817.413(2) 3rd Sale of used goods as new.
281
	817.505(4) 3rd Patient brokering.
282
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
283
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
284
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
285
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
286
287
	843.08(2) 3rd False personation of an officer.
288
289
	843.081 3rd Prohibited use of certain lights.
290
291
	843.085(1) 3rd Wearing or displaying indicia of authority of a law enforcement agency.
292
293
	843.085(2) 3rd Owning or operating a motor vehicle that has certain markings or identification.
294
295
	843.085(3)(a) 3rd Selling, transferring, or giving away certain badges.
296
297
	843.0855(2) 3rd Impersonating a public officer or other specified person in connection with or relating to legal process.
298
299
	843.0855(3) 3rd Simulating legal process.
300
301
	843.0855(4) 3rd Influencing, intimidating, or hindering a public officer or law enforcement officer.
302
	843.19 3rd Injure, disable, or kill police dog or horse.
303
	860.15(3) 3rd Overcharging for repairs and parts.
304
	870.01(2) 3rd Riot; inciting or encouraging.
305
	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).
306
	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.
307
	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.
308
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
309
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
310
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
311
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
312
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
313
	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.
314
	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.
315
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
316
	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.
317
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
318
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
319
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
320
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
321
322	(e)  LEVEL 5
323
	FloridaStatute FelonyDegree Description
324
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
325
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
326
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
327
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
328
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
329
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
330
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
331
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
332
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
333
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
334
	790.01(2) 3rd Carrying a concealed firearm.
335
	790.162 2nd Threat to throw or discharge destructive device.
336
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
337
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
338
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
339
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
340
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
341
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
342
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
343
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
344
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
345
	812.131(2)(b) 3rd Robbery by sudden snatching.
346
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
347
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
348
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
349
	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.
350
	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.
351
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
352
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
353
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
354
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
355
	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.
356
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
357
358
	843.08(3) 2nd False personation of an officer during the course of the commission of a felony.
359
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
360
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
361
	847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
362
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
363
	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).
364
	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.
365
	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.
366
	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.
367
	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.
368
	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).
369
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
370
371	(g)  LEVEL 7
372
	FloridaStatute FelonyDegree Description
373
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
374
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
375
	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.
376
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
377
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
378
	409.920(2) 3rd Medicaid provider fraud.
379
	456.065(2) 3rd Practicing a health care profession without a license.
380
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
381
	458.327(1) 3rd Practicing medicine without a license.
382
	459.013(1) 3rd Practicing osteopathic medicine without a license.
383
	460.411(1) 3rd Practicing chiropractic medicine without a license.
384
	461.012(1) 3rd Practicing podiatric medicine without a license.
385
	462.17 3rd Practicing naturopathy without a license.
386
	463.015(1) 3rd Practicing optometry without a license.
387
	464.016(1) 3rd Practicing nursing without a license.
388
	465.015(2) 3rd Practicing pharmacy without a license.
389
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
390
	467.201 3rd Practicing midwifery without a license.
391
	468.366 3rd Delivering respiratory care services without a license.
392
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
393
	483.901(9) 3rd Practicing medical physics without a license.
394
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
395
	484.053 3rd Dispensing hearing aids without a license.
396
	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.
397
	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.
398
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
399
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
400
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
401
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
402
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
403
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
404
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
405
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
406
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
407
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
408
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
409
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
410
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
411
	784.048(7) 3rd Aggravated stalking; violation of court order.
412
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
413
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
414
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
415
	784.081(1) 1st Aggravated battery on specified official or employee.
416
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
417
	784.083(1) 1st Aggravated battery on code inspector.
418
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
419
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
420
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
421
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
422
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
423
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
424
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
425
	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.
426
	796.03 2nd Procuring any person under 16 years for prostitution.
427
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
428
	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.
429
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
430
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
431
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
432
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
433
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
434
	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.
435
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
436
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
437
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
438
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
439
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
440
	812.131(2)(a) 2nd Robbery by sudden snatching.
441
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
442
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
443
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
444
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
445
	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.
446
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
447
	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.
448
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
449
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
450
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
451
	838.015 2nd Bribery.
452
	838.016 2nd Unlawful compensation or reward for official behavior.
453
	838.021(3)(a) 2nd Unlawful harm to a public servant.
454
	838.22 2nd Bid tampering.
455
456
	843.08(4) 1st False personation of an officer during the course of the commission of a felony; death or personal injury.
457
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
458
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
459
	872.06 2nd Abuse of a dead human body.
460
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
461
	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.
462
	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.
463
	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).
464
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
465
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
466
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
467
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
468
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
469
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
470
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
471
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
472
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
473
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
474
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
475
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
476
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
477
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
478
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
479
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
480
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
481
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
482
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
483
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
484
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
485
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
486
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
487
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
488
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
489
490	Section 6.  This act shall take effect July 1, 2009.

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