1 | A bill to be entitled |
2 | An act relating to assault or battery on a utility |
3 | worker; amending s. 784.07, F.S.; defining the term |
4 | "utility worker"; providing for reclassification of |
5 | certain offenses committed against a utility worker; |
6 | amending ss. 901.15, 943.051, 985.11, and 985.644, |
7 | F.S.; conforming provisions to changes made by the |
8 | act; reenacting and amending s. 921.0022(3)(d), (f), |
9 | and (g), F.S., relating to the offense severity |
10 | ranking chart of the Criminal Punishment Code, to |
11 | incorporate the amendment made to s. 784.07, F.S., in |
12 | references thereto; providing an effective date. |
13 |
|
14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
|
16 | Section 1. Section 784.07, Florida Statutes, is amended to |
17 | read: |
18 | 784.07 Assault or battery of law enforcement officers, |
19 | firefighters, emergency medical care providers, public transit |
20 | employees or agents, or other specified persons officers; |
21 | reclassification of offenses; minimum sentences.- |
22 | (1) As used in this section, the term: |
23 | (a) "Emergency medical care provider" means an ambulance |
24 | driver, emergency medical technician, paramedic, registered |
25 | nurse, physician as defined in s. 401.23, medical director as |
26 | defined in s. 401.23, or any person authorized by an emergency |
27 | medical service licensed under chapter 401 who is engaged in the |
28 | performance of his or her duties. The term "emergency medical |
29 | care provider" also includes physicians, employees, agents, or |
30 | volunteers of hospitals as defined in chapter 395, who are |
31 | employed, under contract, or otherwise authorized by a hospital |
32 | to perform duties directly associated with the care and |
33 | treatment rendered by the hospital's emergency department or the |
34 | security thereof. |
35 | (b) "Firefighter" means any person employed by any public |
36 | employer of this state whose duty it is to extinguish fires; to |
37 | protect life or property; or to enforce municipal, county, and |
38 | state fire prevention codes, as well as any law pertaining to |
39 | the prevention and control of fires. |
40 | (c) "Law enforcement explorer" means any person who is a |
41 | current member of a law enforcement agency's explorer program |
42 | and who is performing functions other than those required to be |
43 | performed by sworn law enforcement officers on behalf of a law |
44 | enforcement agency while under the direct physical supervision |
45 | of a sworn officer of that agency and wearing a uniform that |
46 | bears at least one patch that clearly identifies the law |
47 | enforcement agency that he or she represents. |
48 | (d) "Law enforcement officer" includes a law enforcement |
49 | officer, a correctional officer, a correctional probation |
50 | officer, a part-time law enforcement officer, a part-time |
51 | correctional officer, an auxiliary law enforcement officer, and |
52 | an auxiliary correctional officer, as those terms are |
53 | respectively defined in s. 943.10, and any county probation |
54 | officer; an employee or agent of the Department of Corrections |
55 | who supervises or provides services to inmates; an officer of |
56 | the Parole Commission; a federal law enforcement officer as |
57 | defined in s. 901.1505; and law enforcement personnel of the |
58 | Fish and Wildlife Conservation Commission, the Department of |
59 | Environmental Protection, or the Department of Law Enforcement. |
60 | (e) "Public transit employees or agents" means bus |
61 | operators, train operators, revenue collectors, security |
62 | personnel, equipment maintenance personnel, or field |
63 | supervisors, who are employees or agents of a transit agency as |
64 | described in s. 812.015(1)(l). |
65 | (f) "Utility worker" means a person under contract with or |
66 | employed by an entity that owns, operates, leases, or controls a |
67 | plant, property, or facility for the generation, transmission, |
68 | manufacture, production, supply, distribution, sale, storage, |
69 | conveyance, delivery, or furnishing to or for the public of |
70 | electricity, natural or manufactured gas, water, steam, sewage, |
71 | telephone, or communications service, including two or more |
72 | utilities rendering joint service. |
73 | (2) Whenever any person is charged with knowingly |
74 | committing an assault or battery upon a law enforcement officer, |
75 | a firefighter, an emergency medical care provider, a traffic |
76 | accident investigation officer as described in s. 316.640, a |
77 | nonsworn law enforcement agency employee who is certified as an |
78 | agency inspector, a blood alcohol analyst, or a breath test |
79 | operator while such employee is in uniform and engaged in |
80 | processing, testing, evaluating, analyzing, or transporting a |
81 | person who is detained or under arrest for DUI, a law |
82 | enforcement explorer, a traffic infraction enforcement officer |
83 | as described in s. 316.640, a parking enforcement specialist as |
84 | defined in s. 316.640, a person licensed as a security officer |
85 | as defined in s. 493.6101 and wearing a uniform that bears at |
86 | least one patch or emblem that is visible at all times that |
87 | clearly identifies the employing agency and that clearly |
88 | identifies the person as a licensed security officer, or a |
89 | security officer employed by the board of trustees of a |
90 | community college, or a utility worker, while the officer, |
91 | firefighter, emergency medical care provider, traffic accident |
92 | investigation officer, traffic infraction enforcement officer, |
93 | inspector, analyst, operator, law enforcement explorer, parking |
94 | enforcement specialist, public transit employee or agent, or |
95 | security officer, or utility worker is engaged in the lawful |
96 | performance of his or her duties, the offense for which the |
97 | person is charged shall be reclassified as follows: |
98 | (a) In the case of assault, from a misdemeanor of the |
99 | second degree to a misdemeanor of the first degree. |
100 | (b) In the case of battery, from a misdemeanor of the |
101 | first degree to a felony of the third degree. |
102 | (c) In the case of aggravated assault, from a felony of |
103 | the third degree to a felony of the second degree. |
104 | Notwithstanding any other provision of law, any person convicted |
105 | of aggravated assault upon a law enforcement officer shall be |
106 | sentenced to a minimum term of imprisonment of 3 years. |
107 | (d) In the case of aggravated battery, from a felony of |
108 | the second degree to a felony of the first degree. |
109 | Notwithstanding any other provision of law, any person convicted |
110 | of aggravated battery of a law enforcement officer shall be |
111 | sentenced to a minimum term of imprisonment of 5 years. |
112 | (3) Any person who is convicted of a battery under |
113 | paragraph (2)(b) and, during the commission of the offense, such |
114 | person possessed: |
115 | (a) A "firearm" or "destructive device" as those terms are |
116 | defined in s. 790.001, shall be sentenced to a minimum term of |
117 | imprisonment of 3 years. |
118 | (b) A semiautomatic firearm and its high-capacity |
119 | detachable box magazine, as defined in s. 775.087(3), or a |
120 | machine gun as defined in s. 790.001, shall be sentenced to a |
121 | minimum term of imprisonment of 8 years. |
122 |
|
123 | Notwithstanding s. 948.01, adjudication of guilt or imposition |
124 | of sentence shall not be suspended, deferred, or withheld, and |
125 | the defendant is not eligible for statutory gain-time under s. |
126 | 944.275 or any form of discretionary early release, other than |
127 | pardon or executive clemency, or conditional medical release |
128 | under s. 947.149, prior to serving the minimum sentence. |
129 | Section 2. Subsection (15) of section 901.15, Florida |
130 | Statutes, is amended to read: |
131 | 901.15 When arrest by officer without warrant is lawful.-A |
132 | law enforcement officer may arrest a person without a warrant |
133 | when: |
134 | (15) There is probable cause to believe that the person |
135 | has committed assault upon a law enforcement officer, a |
136 | firefighter, an emergency medical care provider, public transit |
137 | employees or agents, or other specified persons officers as set |
138 | forth in s. 784.07 or has committed assault or battery upon any |
139 | employee of a receiving facility as defined in s. 394.455 who is |
140 | engaged in the lawful performance of his or her duties. |
141 | Section 3. Paragraph (b) of subsection (3) of section |
142 | 943.051, Florida Statutes, is amended to read: |
143 | 943.051 Criminal justice information; collection and |
144 | storage; fingerprinting.- |
145 | (3) |
146 | (b) A minor who is charged with or found to have committed |
147 | the following offenses shall be fingerprinted and the |
148 | fingerprints shall be submitted to the department: |
149 | 1. Assault, as defined in s. 784.011. |
150 | 2. Battery, as defined in s. 784.03. |
151 | 3. Carrying a concealed weapon, as defined in s. |
152 | 790.01(1). |
153 | 4. Unlawful use of destructive devices or bombs, as |
154 | defined in s. 790.1615(1). |
155 | 5. Negligent treatment of children, as defined in former |
156 | s. 827.05. |
157 | 6. Assault or battery on a law enforcement officer, a |
158 | firefighter, or other specified persons officers, as defined in |
159 | s. 784.07(2)(a) and (b). |
160 | 7. Open carrying of a weapon, as defined in s. 790.053. |
161 | 8. Exposure of sexual organs, as defined in s. 800.03. |
162 | 9. Unlawful possession of a firearm, as defined in s. |
163 | 790.22(5). |
164 | 10. Petit theft, as defined in s. 812.014(3). |
165 | 11. Cruelty to animals, as defined in s. 828.12(1). |
166 | 12. Arson, as defined in s. 806.031(1). |
167 | 13. Unlawful possession or discharge of a weapon or |
168 | firearm at a school-sponsored event or on school property as |
169 | defined in s. 790.115. |
170 | Section 4. Paragraph (b) of subsection (1) of section |
171 | 985.11, Florida Statutes, is amended to read: |
172 | 985.11 Fingerprinting and photographing.- |
173 | (1) |
174 | (b) A child who is charged with or found to have committed |
175 | one of the following offenses shall be fingerprinted, and the |
176 | fingerprints shall be submitted to the Department of Law |
177 | Enforcement as provided in s. 943.051(3)(b): |
178 | 1. Assault, as defined in s. 784.011. |
179 | 2. Battery, as defined in s. 784.03. |
180 | 3. Carrying a concealed weapon, as defined in s. |
181 | 790.01(1). |
182 | 4. Unlawful use of destructive devices or bombs, as |
183 | defined in s. 790.1615(1). |
184 | 5. Negligent treatment of children, as defined in former |
185 | s. 827.05. |
186 | 6. Assault on a law enforcement officer, a firefighter, or |
187 | other specified persons officers, as defined in s. 784.07(2)(a). |
188 | 7. Open carrying of a weapon, as defined in s. 790.053. |
189 | 8. Exposure of sexual organs, as defined in s. 800.03. |
190 | 9. Unlawful possession of a firearm, as defined in s. |
191 | 790.22(5). |
192 | 10. Petit theft, as defined in s. 812.014. |
193 | 11. Cruelty to animals, as defined in s. 828.12(1). |
194 | 12. Arson, resulting in bodily harm to a firefighter, as |
195 | defined in s. 806.031(1). |
196 | 13. Unlawful possession or discharge of a weapon or |
197 | firearm at a school-sponsored event or on school property as |
198 | defined in s. 790.115. |
199 |
|
200 | A law enforcement agency may fingerprint and photograph a child |
201 | taken into custody upon probable cause that such child has |
202 | committed any other violation of law, as the agency deems |
203 | appropriate. Such fingerprint records and photographs shall be |
204 | retained by the law enforcement agency in a separate file, and |
205 | these records and all copies thereof must be marked "Juvenile |
206 | Confidential." These records are not available for public |
207 | disclosure and inspection under s. 119.07(1) except as provided |
208 | in ss. 943.053 and 985.04(2), but shall be available to other |
209 | law enforcement agencies, criminal justice agencies, state |
210 | attorneys, the courts, the child, the parents or legal |
211 | custodians of the child, their attorneys, and any other person |
212 | authorized by the court to have access to such records. In |
213 | addition, such records may be submitted to the Department of Law |
214 | Enforcement for inclusion in the state criminal history records |
215 | and used by criminal justice agencies for criminal justice |
216 | purposes. These records may, in the discretion of the court, be |
217 | open to inspection by anyone upon a showing of cause. The |
218 | fingerprint and photograph records shall be produced in the |
219 | court whenever directed by the court. Any photograph taken |
220 | pursuant to this section may be shown by a law enforcement |
221 | officer to any victim or witness of a crime for the purpose of |
222 | identifying the person who committed such crime. |
223 | Section 5. Paragraph (a) of subsection (3) of section |
224 | 985.644, Florida Statutes, is amended to read: |
225 | 985.644 Departmental contracting powers; personnel |
226 | standards and screening.- |
227 | (3)(a) All employees of the department and all personnel |
228 | of contract providers for any program for children, including |
229 | all owners, operators, employees, persons who have access to |
230 | confidential juvenile records, and volunteers, must complete: |
231 | 1. A level 2 employment screening pursuant to chapter 435 |
232 | before employment. The security background investigation |
233 | conducted under this section must ensure that, in addition to |
234 | the disqualifying offenses listed in s. 435.04, no person |
235 | subject to the background screening provisions of this section |
236 | has an arrest awaiting final disposition for, been found guilty |
237 | of, regardless of adjudication, or entered a plea of nolo |
238 | contendere or guilty to, or been adjudicated delinquent and the |
239 | record has not been sealed or expunged for, any offense |
240 | prohibited under the following provisions of state law or |
241 | similar laws of another jurisdiction: |
242 | a. Section 784.07, relating to assault or battery of law |
243 | enforcement officers, firefighters, emergency medical care |
244 | providers, public transit employees or agents, or other |
245 | specified persons officers. |
246 | b. Section 817.568, relating to criminal use of personal |
247 | identification information. |
248 | 2. A national criminal records check by the Federal Bureau |
249 | of Investigation every 5 years following the date of the |
250 | person's employment. |
251 | Section 6. For the purpose of incorporating the amendments |
252 | made by this act to section 784.07, Florida Statutes, in a |
253 | references thereto, paragraphs (d), (f), and (g) of subsection |
254 | (3) of section 921.0022, Florida Statutes, are reenacted and |
255 | amended to read: |
256 | 921.0022 Criminal Punishment Code; offense severity |
257 | ranking chart.- |
258 | (3) OFFENSE SEVERITY RANKING CHART |
259 | (d) LEVEL 4 |
260 |
|
| FloridaStatute | FelonyDegree | Description |
|
261 |
|
| 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
262 |
|
| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
|
263 |
|
| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
|
264 |
|
| 499.0051(6) | 2nd | Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. |
|
265 |
|
| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, etc. |
|
266 |
|
| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
|
267 |
|
| 784.075 | 3rd | Battery on detention or commitment facility staff. |
|
268 |
|
| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
|
269 |
|
| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
|
270 |
|
| 784.081(3) | 3rd | Battery on specified official or employee. |
|
271 |
|
| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
|
272 |
|
| 784.083(3) | 3rd | Battery on code inspector. |
|
273 |
|
| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
|
274 |
|
| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
|
275 |
|
| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
|
276 |
|
| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
|
277 |
|
| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
|
278 |
|
| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
|
279 |
|
| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
|
280 |
|
| 800.04(7)(c) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
|
281 |
|
| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
|
282 |
|
| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
|
283 |
|
| 810.06 | 3rd | Burglary; possession of tools. |
|
284 |
|
| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
|
285 |
|
| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
|
286 |
|
| 812.014 (2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
|
287 |
|
| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
|
288 |
|
| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
|
289 |
|
| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
|
290 |
|
| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
|
291 |
|
| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
|
292 |
|
| 837.02(1) | 3rd | Perjury in official proceedings. |
|
293 |
|
| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
|
294 |
|
| 838.022 | 3rd | Official misconduct. |
|
295 |
|
| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
|
296 |
|
| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
|
297 |
|
| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
|
298 |
|
| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
|
299 |
|
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
|
300 |
|
| 847.0135(5)(c) | 3rd | Lewd or lascivious exhibition using computer; offender less than 18 years. |
|
301 |
|
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal gang. |
|
302 |
|
| 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
303 |
|
| 914.14(2) | 3rd | Witnesses accepting bribes. |
|
304 |
|
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
|
305 |
|
| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
|
306 |
|
| 918.12 | 3rd | Tampering with jurors. |
|
307 |
|
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
|
308 |
|
309 | (f) LEVEL 6 |
310 |
|
| FloridaStatute | FelonyDegree | Description |
|
311 |
|
| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
312 |
|
| 499.0051(3) | 2nd | Knowing forgery of pedigree papers. |
|
313 |
|
| 499.0051(4) | 2nd | Knowing purchase or receipt of prescription drug from unauthorized person. |
|
314 |
|
| 499.0051(5) | 2nd | Knowing sale or transfer of prescription drug to unauthorized person. |
|
315 |
|
| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
316 |
|
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
317 |
|
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
318 |
|
| 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
319 |
|
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
320 |
|
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
321 |
|
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer, firefighter, etc. |
|
322 |
|
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
323 |
|
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
324 |
|
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
325 |
|
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
326 |
|
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
327 |
|
| 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
328 |
|
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
329 |
|
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
330 |
|
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
331 |
|
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
332 |
|
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
333 |
|
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
334 |
|
| 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. |
|
335 |
|
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
336 |
|
| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
337 |
|
| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
338 |
|
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
339 |
|
| 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
340 |
|
| 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
341 |
|
| 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
342 |
|
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
343 |
|
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
344 |
|
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
345 |
|
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
346 |
|
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
347 |
|
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
348 |
|
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
349 |
|
| 827.03(1) | 3rd | Abuse of a child. |
|
350 |
|
| 827.03(3)(c) | 3rd | Neglect of a child. |
|
351 |
|
| 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
352 |
|
| 836.05 | 2nd | Threats; extortion. |
|
353 |
|
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
354 |
|
| 843.12 | 3rd | Aids or assists person to escape. |
|
355 |
|
| 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. |
|
356 |
|
| 847.012 | 3rd | Knowingly using a minor in the production of materials harmful to minors. |
|
357 |
|
| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
358 |
|
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
359 |
|
| 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. |
|
360 |
|
| |
361 |
|
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
362 |
|
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
363 |
|
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
364 |
|
365 | (g) LEVEL 7 |
366 |
|
| FloridaStatute | FelonyDegree | Description |
|
367 |
|
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
368 |
|
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
369 |
|
| 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. |
|
370 |
|
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
371 |
|
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
372 |
|
| 409.920 (2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
373 |
|
| 409.920 (2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
374 |
|
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
375 |
|
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
376 |
|
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
377 |
|
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
378 |
|
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
379 |
|
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
380 |
|
| 462.17 | 3rd | Practicing naturopathy without a license. |
|
381 |
|
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
382 |
|
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
383 |
|
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
384 |
|
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
385 |
|
| 467.201 | 3rd | Practicing midwifery without a license. |
|
386 |
|
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
387 |
|
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
388 |
|
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
389 |
|
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
390 |
|
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
391 |
|
| 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. |
|
392 |
|
| 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. |
|
393 |
|
| 560.125(5)(a) | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
394 |
|
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
395 |
|
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
396 |
|
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
397 |
|
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
398 |
|
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
399 |
|
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
400 |
|
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
401 |
|
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
402 |
|
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
403 |
|
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
404 |
|
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
405 |
|
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
406 |
|
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
407 |
|
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer, firefighter, etc. |
|
408 |
|
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
409 |
|
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
410 |
|
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
411 |
|
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
412 |
|
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
413 |
|
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
414 |
|
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
415 |
|
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
416 |
|
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
417 |
|
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
418 |
|
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
419 |
|
| 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
420 |
|
| 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. |
|
421 |
|
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
422 |
|
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
423 |
|
| 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. |
|
424 |
|
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
425 |
|
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
426 |
|
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
427 |
|
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
428 |
|
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
429 |
|
| 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. |
|
430 |
|
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
431 |
|
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
432 |
|
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
433 |
|
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
434 |
|
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
435 |
|
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
436 |
|
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
437 |
|
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
438 |
|
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
439 |
|
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
440 |
|
| 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. |
|
441 |
|
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
442 |
|
| 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. |
|
443 |
|
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
444 |
|
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
445 |
|
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
446 |
|
| |
447 |
|
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
448 |
|
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
449 |
|
| |
450 |
|
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
451 |
|
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
452 |
|
| 872.06 | 2nd | Abuse of a dead human body. |
|
453 |
|
| 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
454 |
|
| 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. |
|
455 |
|
| 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. |
|
456 |
|
| 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). |
|
457 |
|
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
458 |
|
| 893.135 (1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
459 |
|
| 893.135 (1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
460 |
|
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
461 |
|
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
462 |
|
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
463 |
|
| 893.135 (1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
464 |
|
| 893.135 (1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
465 |
|
| 893.135 (1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
466 |
|
| 893.135 (1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
467 |
|
| 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
468 |
|
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
469 |
|
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
470 |
|
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
471 |
|
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
472 |
|
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
473 |
|
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
474 |
|
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
475 |
|
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
476 |
|
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
477 |
|
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
478 |
|
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
479 |
|
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
480 |
|
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
481 |
|
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
482 |
|
483 | Section 7. This act shall take effect July 1, 2012. |