Florida Senate - 2009 SB 640
By Senator Garcia
40-00624A-09 2009640__
1 A bill to be entitled
2 An act relating to the false impersonation of a law
3 enforcement officer or other person; amending s.
4 316.2397, F.S., relating to unlawfully showing or
5 displaying certain lights; providing that the unlawful
6 display of blue lights is a misdemeanor of the first
7 degree; amending s. 843.08, F.S., relating to falsely
8 impersonating an officer; subdividing penalty
9 provisions for the purpose of referencing such
10 provisions; amending s. 843.081, F.S.; providing that
11 the unlawful use of flashing or rotating blue lights
12 is a felony of the third degree rather than a
13 misdemeanor of the first degree; amending s. 843.085,
14 F.S., relating to the unlawful use of police badges or
15 other indicia of authority; providing that unlawfully
16 wearing, displaying, selling, transferring, or giving
17 away specified indicia of authority of a criminal
18 justice agency, or unlawfully owning or operating a
19 motor vehicle marked with such indicia, is a felony of
20 the third degree rather than a misdemeanor of the
21 first degree; clarifying that the intent to mislead is
22 an element of unlawfully wearing or displaying
23 specified indicia of authority of a criminal justice
24 agency; providing penalties; amending s. 921.0022,
25 F.S., relating to the offense severity ranking chart
26 of the Criminal Punishment Code; ranking violations of
27 ss. 843.08, 843.081, 843.085, and 843.0855, F.S.,
28 within the chart; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsections (2) and (10) of section 316.2397,
33 Florida Statutes, are amended to read:
34 316.2397 Certain lights prohibited; exceptions.—
35 (2) It is expressly prohibited for any vehicle or
36 equipment, except a police vehicle vehicles, to show or display
37 blue lights. However, vehicles owned, operated, or leased by the
38 Department of Corrections may show or display blue lights when
39 responding to emergencies.
40 (10) Except for a violation of subsection (2), a violation
41 of this section is a noncriminal traffic infraction, punishable
42 as a nonmoving violation as provided in chapter 318. A person
43 who violates subsection (2) commits a misdemeanor of the first
44 degree, punishable as provided in s. 775.082 or s. 775.083.
45 Section 2. Section 843.08, Florida Statutes, is amended to
46 read:
47 843.08 Falsely personating officer, etc.—
48 (1) A person may not who falsely assume assumes or pretend
49 pretends to be a sheriff, officer of the Florida Highway Patrol,
50 officer of the Fish and Wildlife Conservation Commission,
51 officer of the Department of Environmental Protection, officer
52 of the Department of Transportation, officer of the Department
53 of Financial Services, officer of the Department of Corrections,
54 correctional probation officer, deputy sheriff, state attorney
55 or assistant state attorney, statewide prosecutor or assistant
56 statewide prosecutor, state attorney investigator, coroner,
57 police officer, lottery special agent or lottery investigator,
58 beverage enforcement agent, or watchman, or any member of the
59 Parole Commission and any administrative aide or supervisor
60 employed by the commission, or any personnel or representative
61 of the Department of Law Enforcement, or a federal law
62 enforcement officer as defined in s. 901.1505, and take takes
63 upon himself or herself to act as such, or to require any other
64 person to aid or assist him or her in a matter pertaining to the
65 duty of any such officer.,
66 (2) A person who violates subsection (1) commits a felony
67 of the third degree, punishable as provided in s. 775.082, s.
68 775.083, or s. 775.084.; however,
69 (3) A person who falsely personates any such officer in
70 violation of subsection (1) during the course of the commission
71 of a felony commits a felony of the second degree, punishable as
72 provided in s. 775.082, s. 775.083, or s. 775.084.; except that
73 if
74 (4) A person who falsely personates any officer in
75 violation of subsection (1) during the course of the commission
76 of a felony, and the commission of the felony results in the
77 death or personal injury of another human being, the person
78 commits a felony of the first degree, punishable as provided in
79 s. 775.082, s. 775.083, or s. 775.084.
80 Section 3. Section 843.081, Florida Statutes, is amended to
81 read:
82 843.081 Prohibited use of certain lights; penalty.—
83 (1) The Legislature finds and declares that Florida's
84 residents and visitors citizens are vulnerable to becoming the
85 victims of criminal acts through the illegal use of blue lights
86 by the criminal elements. It is the intent of the Legislature to
87 reduce this vulnerability to injury and loss of life and
88 property by prohibiting the use of certain blue lights by any
89 person other than an authorized law enforcement officer.
90 (2) It is unlawful for a person to use in or on any
91 nongovernmentally owned vehicle or vessel any flashing or
92 rotating blue light unless such person is a law enforcement
93 officer employed by a federal, state, county, or city law
94 enforcement agency or is a person appointed by the Governor
95 pursuant to chapter 354.
96 (3) The provisions of this section do shall not apply to
97 salespersons, service representatives, or other employees of
98 businesses licensed to sell or repair law enforcement equipment.
99 (4) For the purposes of this section, the term “flashing or
100 rotating blue light” includes all forms of lights which display
101 a blue light source or which were designed with the intent of
102 displaying a blue light source whether or not such light is
103 actually in use.
104 (5) A Any person who violates any of the provisions of this
105 section commits a felony misdemeanor of the third first degree,
106 punishable as provided in s. 775.082, or s. 775.083, or s.
107 775.084.
108 Section 4. Section 843.085, Florida Statutes, is amended to
109 read:
110 843.085 Unlawful use of police badges or other indicia of
111 authority.—It is unlawful for any person:
112 (1) It is unlawful for a person, unless appointed by the
113 Governor pursuant to chapter 354, authorized by the appropriate
114 agency, or displayed in a closed or mounted case as a collection
115 or exhibit, to wear or display any authorized indicia of
116 authority, including any badge, insignia, emblem, identification
117 card, or uniform, or any colorable imitation thereof, of any
118 federal, state, county, or municipal law enforcement agency, or
119 other criminal justice agency as now or hereafter defined in s.
120 943.045, with the intent to mislead or cause another person to
121 believe that he or she is a member of that agency or is
122 authorized to display or wear such item, or to wear or display
123 any item that which could deceive a reasonable person into
124 believing that such item is authorized by any of the agencies
125 described above for use by the person displaying or wearing it,
126 or which displays in any manner or combination the word or words
127 “police,” “patrolman,” “agent,” “sheriff,” “deputy,” “trooper,”
128 “highway patrol,” “Wildlife Officer,” “Marine Patrol Officer,”
129 “state attorney,” “public defender,” “marshal,” “constable,” or
130 “bailiff,” with the intent to mislead or cause another person to
131 believe that he or she is a member of that agency or is
132 authorized to wear or display such item which could deceive a
133 reasonable person into believing that such item is authorized by
134 any of the agencies described above for use by the person
135 displaying or wearing it. It is insufficient to prove criminal
136 intent under this subsection that a person wore or displayed
137 such item without authorization from the agency displayed on
138 such item. To evidence this intent, there must be an additional
139 affirmative act by the person which indicates this intent, such
140 as the person misrepresenting that he or she is employed by the
141 agency displayed on such item or misrepresenting that he or she
142 is authorized by that agency to wear or display such item. A
143 person who violates this subsection commits a felony of the
144 third degree, punishable as provided in s. 775.082, s. 775.083,
145 or s. 775.084.
146 (2) It is unlawful for a person to own or operate a motor
147 vehicle marked or identified in any manner or combination by the
148 word or words “police,” “patrolman,” “sheriff,” “deputy,”
149 “trooper,” “highway patrol,” “Wildlife Officer,” “Marine Patrol
150 Officer,” “marshal,” “constable,” or “bailiff,” or by any
151 lettering, marking, or insignia, or colorable imitation thereof,
152 including, but not limited to, stars, badges, or shields,
153 officially used to identify the vehicle as a federal, state,
154 county, or municipal law enforcement vehicle or a vehicle used
155 by a criminal justice agency as now or hereafter defined in s.
156 943.045, with the intent to mislead or cause another person to
157 believe that such vehicle is an official vehicle of that agency
158 and is authorized to be used by that agency which could deceive
159 a reasonable person into believing that such vehicle is
160 authorized by any of the agencies described above for use by the
161 person operating the motor vehicle, unless such vehicle is owned
162 or operated by the appropriate agency and its use is authorized
163 by such agency, or the local law enforcement agency authorizes
164 the use of such vehicle, or unless the person is appointed by
165 the Governor pursuant to chapter 354. A person who violates this
166 subsection commits a felony of the third degree, punishable as
167 provided in s. 775.082, s. 775.083, or s. 775.084.
168 (3)(a) It is unlawful for a person to sell, transfer, or
169 give away the authorized badge, or colorable imitation thereof,
170 including miniatures, of any criminal justice agency as now or
171 hereafter defined in s. 943.045, or bearing in any manner or
172 combination the word or words “police,” “patrolman,” “sheriff,”
173 “deputy,” “trooper,” “highway patrol,” “Wildlife Officer,”
174 “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state
175 attorney,” “public defender,” or “bailiff,” which could deceive
176 a reasonable person into believing that such item is authorized
177 by any of the agencies described above, except for agency
178 purchases or upon the presentation and recordation of both a
179 driver's license and other identification showing any transferee
180 to actually be a member of such criminal justice agency or
181 unless the person is appointed by the Governor pursuant to
182 chapter 354. A person who violates this paragraph commits a
183 felony of the third degree, punishable as provided in s.
184 775.082, s. 775.083, or s. 775.084.
185 (b) A transferor of an item covered by this subsection is
186 required to maintain for 2 years a written record of such
187 transaction, including records showing compliance with this
188 subsection, and if such transferor is a business, it shall make
189 such records available during normal business hours for
190 inspection by any law enforcement agency having jurisdiction in
191 the area where the business is located. A person who violates
192 this paragraph commits a misdemeanor of the first degree,
193 punishable as provided in s. 775.082 or s. 775.083.
194 (4) Nothing in This section does not shall prohibit a
195 fraternal, benevolent, or labor organization or association, or
196 their chapters or subsidiaries, from using the following words,
197 in any manner or in any combination, if those words appear in
198 the official name of the organization or association: “police,”
199 “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
200 “Wildlife Officer,” “Marine Patrol Officer,” “marshal,”
201 “constable,” or “bailiff.”
202 (5) Violation of any provision of this section is a
203 misdemeanor of the first degree, punishable as provided in s.
204 775.082 or s. 775.083. This section is cumulative to any law now
205 in force in the state.
206 Section 5. Paragraphs (b), (c), (e), and (g) of subsection
207 (3) of section 921.0022, Florida Statutes, are amended to read:
208 921.0022 Criminal Punishment Code; offense severity ranking
209 chart.—
210 (3) OFFENSE SEVERITY RANKING CHART
211 (b) LEVEL 2
212 FloridaStatute FelonyDegree Description
213 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
214 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
215 403.413(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.
216 517.07 3rd Registration of securities and furnishing of prospectus required.
217 590.28(1) 3rd Willful, malicious, or intentional burning.
218 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
219 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
220 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
221 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
222 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
223 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
224 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
225 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
226 817.234(1)(a)2. 3rd False statement in support of insurance claim.
227 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
228 817.52(3) 3rd Failure to redeliver hired vehicle.
229 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
230 817.60(5) 3rd Dealing in credit cards of another.
231 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
232 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
233 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
234 831.01 3rd Forgery.
235 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
236 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
237 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
238 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
239 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
240 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
241 843.08 3rd Falsely impersonating an officer.
242 893.13(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.
243 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
244 (c) LEVEL 3
245 FloridaStatute FelonyDegree Description
246 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
247 316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
248 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
249 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
250 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
251 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
252 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
253 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
254 327.35(2)(b) 3rd Felony BUI.
255 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
256 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
257 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
258 379.2431(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.
259 379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
260 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
261 440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
262 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
263 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
264 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
265 626.902(1)(a) & (b)3rd Representing an unauthorized insurer.
266 697.08 3rd Equity skimming.
267 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
268 796.05(1) 3rd Live on earnings of a prostitute.
269 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
270 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
271 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
272 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
273 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
274 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
275 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
276 817.233 3rd Burning to defraud insurer.
277 817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
278 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
279 817.236 3rd Filing a false motor vehicle insurance application.
280 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
281 817.413(2) 3rd Sale of used goods as new.
282 817.505(4) 3rd Patient brokering.
283 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
284 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
285 831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
286 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
287 843.08(2) 3rd False personation of an officer.
288 843.081 3rd Prohibited use of certain lights.
289 843.085(1) 3rd Wearing or displaying indicia of authority of a law enforcement agency.
290 843.085(2) 3rd Owning or operating a motor vehicle that has certain markings or identification.
291 843.085(3)(a) 3rd Selling, transferring, or giving away certain badges.
292 843.0855(2) 3rd Impersonating a public officer or other specified person in connection with or relating to legal process.
293 843.0855(3) 3rd Simulating legal process.
294 843.0855(4) 3rd Influencing, intimidating, or hindering a public officer or law enforcement officer.
295 843.19 3rd Injure, disable, or kill police dog or horse.
296 860.15(3) 3rd Overcharging for repairs and parts.
297 870.01(2) 3rd Riot; inciting or encouraging.
298 893.13(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).
299 893.13(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.
300 893.13(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.
301 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
302 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
303 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
304 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
305 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
306 893.13(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.
307 893.13(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.
308 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
309 893.13(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.
310 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
311 944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
312 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
313 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
314 (e) LEVEL 5
315 FloridaStatute FelonyDegree Description
316 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
317 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
318 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
319 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
320 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
321 440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
322 440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
323 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
324 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
325 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
326 790.01(2) 3rd Carrying a concealed firearm.
327 790.162 2nd Threat to throw or discharge destructive device.
328 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
329 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
330 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
331 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
332 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
333 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
334 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
335 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
336 812.019(1) 2nd Stolen property; dealing in or trafficking in.
337 812.131(2)(b) 3rd Robbery by sudden snatching.
338 812.16(2) 3rd Owning, operating, or conducting a chop shop.
339 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
340 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
341 817.2341(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.
342 817.568(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.
343 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
344 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
345 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
346 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
347 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
348 843.01 3rd Resist officer with violence to person; resist arrest with violence.
349 843.08(3) 2nd False personation of an officer during the course of the commission of a felony.
350 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
351 847.0137(2) & (3)3rd Transmission of pornography by electronic device or equipment.
352 847.0138(2) & (3)3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
353 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
354 893.13(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).
355 893.13(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.
356 893.13(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.
357 893.13(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.
358 893.13(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.
359 893.13(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).
360 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
361 (g) LEVEL 7
362 FloridaStatute FelonyDegree Description
363 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
364 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
365 316.1935(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.
366 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
367 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
368 409.920(2) 3rd Medicaid provider fraud.
369 456.065(2) 3rd Practicing a health care profession without a license.
370 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
371 458.327(1) 3rd Practicing medicine without a license.
372 459.013(1) 3rd Practicing osteopathic medicine without a license.
373 460.411(1) 3rd Practicing chiropractic medicine without a license.
374 461.012(1) 3rd Practicing podiatric medicine without a license.
375 462.17 3rd Practicing naturopathy without a license.
376 463.015(1) 3rd Practicing optometry without a license.
377 464.016(1) 3rd Practicing nursing without a license.
378 465.015(2) 3rd Practicing pharmacy without a license.
379 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
380 467.201 3rd Practicing midwifery without a license.
381 468.366 3rd Delivering respiratory care services without a license.
382 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
383 483.901(9) 3rd Practicing medical physics without a license.
384 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
385 484.053 3rd Dispensing hearing aids without a license.
386 494.0018(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.
387 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
388 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
389 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
390 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
391 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
392 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
393 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
394 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
395 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
396 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
397 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
398 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
399 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
400 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
401 784.048(7) 3rd Aggravated stalking; violation of court order.
402 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
403 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
404 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
405 784.081(1) 1st Aggravated battery on specified official or employee.
406 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
407 784.083(1) 1st Aggravated battery on code inspector.
408 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
409 790.16(1) 1st Discharge of a machine gun under specified circumstances.
410 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
411 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
412 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
413 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
414 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
415 794.08(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.
416 796.03 2nd Procuring any person under 16 years for prostitution.
417 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
418 800.04(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.
419 806.01(2) 2nd Maliciously damage structure by fire or explosive.
420 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
421 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
422 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
423 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
424 812.014(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.
425 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
426 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
427 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
428 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
429 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
430 812.131(2)(a) 2nd Robbery by sudden snatching.
431 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
432 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
433 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
434 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
435 817.2341(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.
436 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
437 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
438 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
439 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
440 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
441 838.015 2nd Bribery.
442 838.016 2nd Unlawful compensation or reward for official behavior.
443 838.021(3)(a) 2nd Unlawful harm to a public servant.
444 838.22 2nd Bid tampering.
445 843.08(4) 1st False personation of an officer during the course of the commission of a felony; death or personal injury.
446 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
447 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
448 872.06 2nd Abuse of a dead human body.
449 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
450 893.13(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.
451 893.13(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.
452 893.13(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).
453 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
454 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
455 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
456 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
457 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
458 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
459 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
460 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
461 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
462 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
463 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
464 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
465 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
466 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
467 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
468 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
469 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
470 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
471 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
472 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
473 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
474 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
475 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
476 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
477 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
478 Section 6. This act shall take effect July 1, 2009.