Florida Senate - 2012 CS for SB 1880
By the Committee on Criminal Justice; and Senator Flores
591-02721-12 20121880c1
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 16.56, F.S.; adding violations of ch. 787, F.S., to
4 the jurisdiction of the Office of Statewide
5 Prosecution; creating s. 480.0535, F.S.; requiring an
6 employee of a massage establishment and any person
7 performing massage therein to present, upon request of
8 an investigator, valid government identification while
9 in the establishment; providing documentation
10 requirements for the operator of a massage
11 establishment; providing criminal penalties; amending
12 s. 775.21, F.S.; adding additional offenses to the
13 list of sexual predator qualifying offenses; repealing
14 s. 787.05, F.S., relating to unlawfully obtaining
15 labor or services; amending s. 787.06, F.S.; revising
16 legislative findings relating to human trafficking;
17 revising definitions; creating additional offenses
18 relating to human trafficking; providing criminal
19 penalties; increasing criminal penalties for certain
20 offenses; providing for forfeiture of property used,
21 attempted to be used, or intended to be used in
22 violation of specified human trafficking provisions;
23 amending s. 787.07, F.S.; increasing the criminal
24 penalty for human smuggling; amending s. 796.035,
25 F.S.; revising provisions relating to selling or
26 buying of minors into sex trafficking or prostitution;
27 repealing s. 796.045, F.S., relating to sex
28 trafficking; amending s. 905.34, F.S.; adding
29 violations of ch. 787, F.S., to the jurisdiction of a
30 statewide grand jury; amending s. 934.07, F.S.;
31 providing additional authorization for the
32 interception of wire, oral, or electronic
33 communications; amending ss. 943.0435, 944.606, and
34 944.607, F.S.; adding additional offenses to the list
35 of sexual offender qualifying offenses; amending ss.
36 90.404, 772.102, 794.056, 895.02, and 938.085, F.S.;
37 conforming cross-references; amending s. 921.0022,
38 F.S.; ranking offenses on the sentencing guidelines
39 chart of the Criminal Punishment Code; providing an
40 effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Paragraph (a) of subsection (1) of section
45 16.56, Florida Statutes, is amended to read:
46 16.56 Office of Statewide Prosecution.—
47 (1) There is created in the Department of Legal Affairs an
48 Office of Statewide Prosecution. The office shall be a separate
49 “budget entity” as that term is defined in chapter 216. The
50 office may:
51 (a) Investigate and prosecute the offenses of:
52 1. Bribery, burglary, criminal usury, extortion, gambling,
53 kidnapping, larceny, murder, prostitution, perjury, robbery,
54 carjacking, and home-invasion robbery;
55 2. Any crime involving narcotic or other dangerous drugs;
56 3. Any violation of the provisions of the Florida RICO
57 (Racketeer Influenced and Corrupt Organization) Act, including
58 any offense listed in the definition of racketeering activity in
59 s. 895.02(1)(a), providing such listed offense is investigated
60 in connection with a violation of s. 895.03 and is charged in a
61 separate count of an information or indictment containing a
62 count charging a violation of s. 895.03, the prosecution of
63 which listed offense may continue independently if the
64 prosecution of the violation of s. 895.03 is terminated for any
65 reason;
66 4. Any violation of the provisions of the Florida Anti
67 Fencing Act;
68 5. Any violation of the provisions of the Florida Antitrust
69 Act of 1980, as amended;
70 6. Any crime involving, or resulting in, fraud or deceit
71 upon any person;
72 7. Any violation of s. 847.0135, relating to computer
73 pornography and child exploitation prevention, or any offense
74 related to a violation of s. 847.0135 or any violation of
75 chapter 827 where the crime is facilitated by or connected to
76 the use of the Internet or any device capable of electronic data
77 storage or transmission;
78 8. Any violation of the provisions of chapter 815;
79 9. Any criminal violation of part I of chapter 499;
80 10. Any violation of the provisions of the Florida Motor
81 Fuel Tax Relief Act of 2004;
82 11. Any criminal violation of s. 409.920 or s. 409.9201;
83 12. Any crime involving voter registration, voting, or
84 candidate or issue petition activities;
85 13. Any criminal violation of the Florida Money Laundering
86 Act; or
87 14. Any criminal violation of the Florida Securities and
88 Investor Protection Act; or
89 15. Any violation of the provisions of chapter 787, as well
90 as any and all offenses related to a violation of the provisions
91 of chapter 787;
92
93 or any attempt, solicitation, or conspiracy to commit any of the
94 crimes specifically enumerated above. The office shall have such
95 power only when any such offense is occurring, or has occurred,
96 in two or more judicial circuits as part of a related
97 transaction, or when any such offense is connected with an
98 organized criminal conspiracy affecting two or more judicial
99 circuits. Informations or indictments charging such offenses
100 shall contain general allegations stating the judicial circuits
101 and counties in which crimes are alleged to have occurred or the
102 judicial circuits and counties in which crimes affecting such
103 circuits or counties are alleged to have been connected with an
104 organized criminal conspiracy.
105 Section 2. Section 480.0535, Florida Statutes, is created
106 to read:
107 480.0535 Documents required while working in a massage
108 establishment.—
109 (1) In order to provide the department and law enforcement
110 agencies the means to more effectively identify, investigate,
111 and arrest persons engaging in human trafficking, a person
112 employed by a massage establishment and any person performing
113 massage therein must immediately present, upon the request of an
114 investigator of the department or a law enforcement officer,
115 valid government identification while in the establishment. A
116 valid government identification for the purposes of this section
117 is:
118 (a) A valid, unexpired driver license issued by any state,
119 territory, or district of the United States;
120 (b) A valid, unexpired identification card issued by any
121 state, territory, or district of the United States;
122 (c) A valid, unexpired United States passport;
123 (d) A naturalization certificate issued by the United
124 States Department of Homeland Security;
125 (e) A valid, unexpired alien registration receipt card
126 (green card); or
127 (f) A valid, unexpired employment authorization card issued
128 by the United States Department of Homeland Security.
129 (2) A person operating a massage establishment must:
130 (a) Immediately present, upon the request of an
131 investigator of the department or a law enforcement officer:
132 1. Valid government identification while in the
133 establishment.
134 2. A copy of the documentation specified in paragraph
135 (1)(a) for each employee and any person performing massage in
136 the establishment.
137 (b) Ensure that each employee and any person performing
138 massage in the massage establishment is able to immediately
139 present, upon the request of an investigator of the department
140 or a law enforcement officer, valid government identification
141 while in the establishment.
142 (3) A person who violates any provision of this section
143 commits:
144 (a) For a first violation, a misdemeanor of the second
145 degree, punishable as provided in s. 775.082 or s. 775.083.
146 (b) For a second violation, a misdemeanor of the first
147 degree, punishable as provided in s. 775.082 or s. 775.083.
148 (c) For a third or subsequent violation, a felony of the
149 third degree, punishable as provided in s. 775.082, s. 775.083,
150 or s. 775.084.
151 Section 3. Paragraph (a) of subsection (4) of section
152 775.21, Florida Statutes, is amended to read:
153 775.21 The Florida Sexual Predators Act.—
154 (4) SEXUAL PREDATOR CRITERIA.—
155 (a) For a current offense committed on or after October 1,
156 1993, upon conviction, an offender shall be designated as a
157 “sexual predator” under subsection (5), and subject to
158 registration under subsection (6) and community and public
159 notification under subsection (7) if:
160 1. The felony is:
161 a. A capital, life, or first-degree felony violation, or
162 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
163 is a minor and the defendant is not the victim’s parent or
164 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
165 violation of a similar law of another jurisdiction; or
166 b. Any felony violation, or any attempt thereof, of s.
167 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
168 minor and the defendant is not the victim’s parent or guardian;
169 s. 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
170 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
171 825.1025(2)(b); s. 827.071; s. 847.0135(5); s. 847.0145; or s.
172 985.701(1); or a violation of a similar law of another
173 jurisdiction, and the offender has previously been convicted of
174 or found to have committed, or has pled nolo contendere or
175 guilty to, regardless of adjudication, any violation of s.
176 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
177 minor and the defendant is not the victim’s parent or guardian;
178 s. 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
179 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
180 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
181 847.0135(6); s. 847.0145; or s. 985.701(1); or a violation of a
182 similar law of another jurisdiction;
183 2. The offender has not received a pardon for any felony or
184 similar law of another jurisdiction that is necessary for the
185 operation of this paragraph; and
186 3. A conviction of a felony or similar law of another
187 jurisdiction necessary to the operation of this paragraph has
188 not been set aside in any postconviction proceeding.
189 Section 4. Section 787.05, Florida Statutes, is repealed.
190 Section 5. Section 787.06, Florida Statutes, is amended to
191 read:
192 787.06 Human trafficking.—
193 (1)(a) The Legislature finds that human trafficking is a
194 form of modern-day slavery. Victims of human trafficking are
195 young children, teenagers, and adults. Thousands of victims are
196 trafficked annually across international borders worldwide. Many
197 of these victims are trafficked into this state. Victims of
198 human trafficking also include citizens of the United States and
199 those persons trafficked domestically within the borders of the
200 United States. The Legislature finds that victims of human
201 trafficking are subjected to force, fraud, or coercion for the
202 purpose of sexual exploitation or forced labor.
203 (b) The Legislature finds that while many victims of human
204 trafficking are forced to work in prostitution or the sexual
205 entertainment industry, trafficking also occurs in forms of
206 labor exploitation, such as domestic servitude, restaurant work,
207 janitorial work, sweatshop factory work, and migrant
208 agricultural work.
209 (c) The Legislature finds that traffickers use various
210 techniques to instill fear in victims and to keep them enslaved.
211 Some traffickers keep their victims under lock and key. However,
212 the most frequently used practices are less obvious techniques
213 that include isolating victims from the public and family
214 members; confiscating passports, visas, or other identification
215 documents; using or threatening to use violence toward victims
216 or their families; telling victims that they will be imprisoned
217 or deported for immigration violations if they contact
218 authorities; and controlling the victims’ funds by holding the
219 money ostensibly for safekeeping.
220 (d) It is the intent of the Legislature that the
221 perpetrators of human trafficking be penalized for their illegal
222 conduct and that the victims of trafficking be protected and
223 assisted by this state and its agencies. In furtherance of this
224 policy, it is the intent of the Legislature that the state
225 Supreme Court, The Florida Bar, and relevant state agencies
226 prepare and implement training programs in order that judges,
227 attorneys, law enforcement personnel, investigators, and others
228 are able to identify traffickers and victims of human
229 trafficking and direct victims to appropriate agencies for
230 assistance. It is the intent of the Legislature that the
231 Department of Children and Family Services and other state
232 agencies cooperate with other state and federal agencies to
233 ensure that victims of human trafficking can access social
234 services and benefits to alleviate their plight.
235 (2) As used in this section, the term:
236 (a) “Financial harm” includes extortionate extension of
237 credit, loan sharking as defined in s. 687.071, or employment
238 contracts that violate the statute of frauds as provided in s.
239 725.01.
240 (a)(b) “Coercion” “Forced labor or services” means labor or
241 services obtained from a person by:
242 1. Using or threatening to use physical force against any
243 that person or another person;
244 2. Restraining, isolating, or confining or threatening to
245 restrain, isolate, or confine any that person or another person
246 without lawful authority and against her or his will;
247 3. Using lending or other credit methods to establish a
248 debt by any that person or another person when labor or services
249 are pledged as a security for the debt, if the value of the
250 labor or services as reasonably assessed is not applied toward
251 the liquidation of the debt, the length and nature of the labor
252 or services are not respectively limited and defined;
253 4. Destroying, concealing, removing, confiscating,
254 withholding, or possessing any actual or purported passport,
255 visa, or other immigration document, or any other actual or
256 purported government identification document, of any that person
257 or another person;
258 5. Causing or threatening to cause financial harm to any
259 person; or
260 6. Enticing or luring any person by fraud or deceit; or
261 coercion
262 7. Providing a controlled substance as outlined in Schedule
263 I or Schedule II of s. 893.03 to any person for the purpose of
264 exploitation of that person.
265 (b) “Commercial sexual activity” means any violation of
266 chapter 796 or an attempt to commit any such offense, and
267 includes sexually explicit performances and the production of
268 pornography.
269 (c) “Financial harm” includes extortionate extension of
270 credit, loan sharking as defined in s. 687.071, or employment
271 contracts that violate the statute of frauds as provided in s.
272 725.01.
273 (d)(c) “Human trafficking” means transporting, soliciting,
274 recruiting, harboring, providing, enticing, maintaining, or
275 obtaining another person for the purpose of exploitation of that
276 person for transport.
277 (e) “Labor” means work of economic or financial value.
278 (f)(d) “Maintain,” means, when used in relation to labor or
279 services, means to secure or make possible continued performance
280 thereof, regardless of any initial agreement on the part of the
281 victim to perform such type service.
282 (g) “Obtain” means, in relation to labor or services, to
283 secure performance thereof.
284 (h) “Services” means any act committed at the behest of,
285 under the supervision of, or for the benefit of another. The
286 term includes, but is not limited to, forced marriage,
287 servitude, or the removal of organs.
288 (i) “Sexually explicit performance” means an act or show,
289 whether public or private, that is live, photographed, recorded,
290 or videotaped and intended to arouse or satisfy the sexual
291 desires or appeal to the prurient interest.
292 (j) “Unauthorized alien” means an alien who is not
293 authorized under federal law to be employed in the United
294 States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
295 be interpreted consistently with that section and any applicable
296 federal rules or regulations.
297 (k) “Venture” means any group of two or more individuals
298 associated in fact, whether or not a legal entity.
299 (3) Any person who knowingly, or in reckless disregard of
300 the facts, engages in, or attempts to engage in, or benefits
301 financially by receiving anything of value from participation in
302 a venture that has subjected a person to human trafficking:
303 (a) Using coercion for labor or services Engages, or
304 attempts to engage, in human trafficking with the intent or
305 knowledge that the trafficked person will be subjected to forced
306 labor or services; or
307 (b) Benefits financially by receiving anything of value
308 from participation in a venture that has subjected a person to
309 forced labor or services; commits a felony of the first second
310 degree, punishable as provided in s. 775.082, s. 775.083, or s.
311 775.084.
312 (b) Using coercion for commercial sexual activity commits a
313 felony of the first degree, punishable as provided in s.
314 775.082, s. 775.083, or s. 775.084.
315 (c) Using coercion for labor or services of any individual
316 who is an unauthorized alien commits a felony of the first
317 degree, punishable as provided in s. 775.082, s. 775.083, or s.
318 775.084.
319 (d) Using coercion for commercial sexual activity of any
320 individual who is an unauthorized alien commits a felony of the
321 first degree, punishable as provided in s. 775.082, s. 775.083,
322 or s. 775.084.
323 (e) Using coercion for labor or services who does so by the
324 transfer or transport of any individual from outside this state
325 to within the state commits a felony of the first degree,
326 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
327 (f) Using coercion for commercial sexual activity who does
328 so by the transfer or transport of any individual from outside
329 this state to within the state commits a felony of the first
330 degree, punishable as provided in s. 775.082, s. 775.083, or s.
331 775.084.
332 (g) For commercial sexual activity in which any child under
333 the age of 18 is involved commits a felony of the first degree,
334 punishable by imprisonment for a term of years not exceeding
335 life, or as provided in s. 775.082, s. 775.083, or s. 775.084.
336 In a prosecution under this paragraph in which the defendant had
337 a reasonable opportunity to observe the person who was subject
338 to human trafficking, the state need not prove that the
339 defendant knew that the person had not attained the age of 18
340 years.
341 (h) For commercial sexual activity in which any child under
342 the age of 15 is involved commits a life felony, punishable as
343 provided in s. 775.082, s. 775.083, or s. 775.084. In a
344 prosecution under this paragraph in which the defendant had a
345 reasonable opportunity to observe the person who was subject to
346 human trafficking, the state need not prove that the defendant
347 knew that the person had not attained the age of 15 years.
348
349 For each instance of human trafficking of any individual under
350 this subsection, a separate crime is committed and a separate
351 punishment is authorized.
352 (4) Any parent, legal guardian, or other person having
353 custody or control of a minor who sells or otherwise transfers
354 custody or control of such minor, or offers to sell or otherwise
355 transfer custody of such minor, with knowledge or in reckless
356 disregard of the fact that, as a consequence of the sale or
357 transfer, the minor will be subject to human trafficking commits
358 a first degree felony, punishable as provided in s. 775.082, s.
359 775.083, or s. 775.084.
360 (5)(4) The Criminal Justice Standards and Training
361 Commission shall establish standards for basic and advanced
362 training programs for law enforcement officers in the subjects
363 of investigating and preventing human trafficking crimes. After
364 January 1, 2007, Every basic skills course required for law
365 enforcement officers to obtain initial certification must
366 include training on human trafficking crime prevention and
367 investigation.
368 (6)(5) Each state attorney shall develop standards of
369 instruction for prosecutors to receive training on the
370 investigation and prosecution of human trafficking crimes and
371 shall provide for periodic and timely instruction.
372 (7) Any real property or personal property that was used,
373 attempted to be used, or intended to be used in violation of any
374 provision of this section may be seized and shall be forfeited
375 subject to the provisions of the Florida Contraband Forfeiture
376 Act.
377 Section 6. Section 787.07, Florida Statutes, is amended to
378 read:
379 787.07 Human smuggling.—
380 (1) A person who transports into this state an individual
381 who the person knows, or should know, is illegally entering the
382 United States from another country commits a felony misdemeanor
383 of the third first degree, punishable as provided in s. 775.082,
384 or s. 775.083, or s. 775.084.
385 (2) A person commits a separate offense for each individual
386 he or she transports into this state in violation of this
387 section.
388 Section 7. Section 796.035, Florida Statutes, is amended to
389 read:
390 796.035 Selling or buying of minors into sex trafficking or
391 prostitution; penalties.—Any parent, legal guardian, or other
392 person having custody or control of a minor who sells or
393 otherwise transfers custody or control of such minor, or offers
394 to sell or otherwise transfer custody of such minor, with
395 knowledge or in reckless disregard of the fact that, as a
396 consequence of the sale or transfer, the minor will engage in
397 prostitution, perform naked for compensation, or otherwise
398 participate in the trade of sex trafficking, commits a felony of
399 the first degree, punishable as provided in s. 775.082, s.
400 775.083, or s. 775.084.
401 Section 8. Section 796.045, Florida Statutes, is repealed.
402 Section 9. Subsections (11) and (12) of section 905.34,
403 Florida Statutes, are amended, and subsection (13) is added to
404 that section, to read:
405 905.34 Powers and duties; law applicable.—The jurisdiction
406 of a statewide grand jury impaneled under this chapter shall
407 extend throughout the state. The subject matter jurisdiction of
408 the statewide grand jury shall be limited to the offenses of:
409 (11) Any criminal violation of the Florida Money Laundering
410 Act; or
411 (12) Any criminal violation of the Florida Securities and
412 Investor Protection Act; or
413 (13) Any violation of chapter 787, as well as any and all
414 offenses related to a violation of chapter 787;
415
416 or any attempt, solicitation, or conspiracy to commit any
417 violation of the crimes specifically enumerated above, when any
418 such offense is occurring, or has occurred, in two or more
419 judicial circuits as part of a related transaction or when any
420 such offense is connected with an organized criminal conspiracy
421 affecting two or more judicial circuits. The statewide grand
422 jury may return indictments and presentments irrespective of the
423 county or judicial circuit where the offense is committed or
424 triable. If an indictment is returned, it shall be certified and
425 transferred for trial to the county where the offense was
426 committed. The powers and duties of, and law applicable to,
427 county grand juries shall apply to a statewide grand jury except
428 when such powers, duties, and law are inconsistent with the
429 provisions of ss. 905.31-905.40.
430 Section 10. Paragraph (a) of subsection (1) of section
431 934.07, Florida Statutes, is amended to read:
432 934.07 Authorization for interception of wire, oral, or
433 electronic communications.—
434 (1) The Governor, the Attorney General, the statewide
435 prosecutor, or any state attorney may authorize an application
436 to a judge of competent jurisdiction for, and such judge may
437 grant in conformity with ss. 934.03-934.09 an order authorizing
438 or approving the interception of, wire, oral, or electronic
439 communications by:
440 (a) The Department of Law Enforcement or any law
441 enforcement agency as defined in s. 934.02 having responsibility
442 for the investigation of the offense as to which the application
443 is made when such interception may provide or has provided
444 evidence of the commission of the offense of murder, kidnapping,
445 aircraft piracy, arson, gambling, robbery, burglary, theft,
446 dealing in stolen property, criminal usury, bribery, or
447 extortion; any felony violation of ss. 790.161-790.166,
448 inclusive; any violation of s. 787.06; any violation of chapter
449 893; any violation of the provisions of the Florida Anti-Fencing
450 Act; any violation of chapter 895; any violation of chapter 896;
451 any violation of chapter 815; any violation of chapter 847; any
452 violation of s. 827.071; any violation of s. 944.40; or any
453 conspiracy or solicitation to commit any violation of the laws
454 of this state relating to the crimes specifically enumerated in
455 this paragraph.
456 Section 11. Paragraph (a) of subsection (1) of section
457 943.0435, Florida Statutes, is amended to read:
458 943.0435 Sexual offenders required to register with the
459 department; penalty.—
460 (1) As used in this section, the term:
461 (a)1. “Sexual offender” means a person who meets the
462 criteria in sub-subparagraph a., sub-subparagraph b., sub
463 subparagraph c., or sub-subparagraph d., as follows:
464 a.(I) Has been convicted of committing, or attempting,
465 soliciting, or conspiring to commit, any of the criminal
466 offenses proscribed in the following statutes in this state or
467 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
468 or s. 787.025(2)(c), where the victim is a minor and the
469 defendant is not the victim’s parent or guardian; s.
470 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
471 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
472 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
473 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
474 985.701(1); or any similar offense committed in this state which
475 has been redesignated from a former statute number to one of
476 those listed in this sub-sub-subparagraph; and
477 (II) Has been released on or after October 1, 1997, from
478 the sanction imposed for any conviction of an offense described
479 in sub-sub-subparagraph (I). For purposes of sub-sub
480 subparagraph (I), a sanction imposed in this state or in any
481 other jurisdiction includes, but is not limited to, a fine,
482 probation, community control, parole, conditional release,
483 control release, or incarceration in a state prison, federal
484 prison, private correctional facility, or local detention
485 facility;
486 b. Establishes or maintains a residence in this state and
487 who has not been designated as a sexual predator by a court of
488 this state but who has been designated as a sexual predator, as
489 a sexually violent predator, or by another sexual offender
490 designation in another state or jurisdiction and was, as a
491 result of such designation, subjected to registration or
492 community or public notification, or both, or would be if the
493 person were a resident of that state or jurisdiction, without
494 regard to whether the person otherwise meets the criteria for
495 registration as a sexual offender;
496 c. Establishes or maintains a residence in this state who
497 is in the custody or control of, or under the supervision of,
498 any other state or jurisdiction as a result of a conviction for
499 committing, or attempting, soliciting, or conspiring to commit,
500 any of the criminal offenses proscribed in the following
501 statutes or similar offense in another jurisdiction: s. 787.01,
502 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
503 the defendant is not the victim’s parent or guardian; s.
504 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
505 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
506 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
507 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
508 985.701(1); or any similar offense committed in this state which
509 has been redesignated from a former statute number to one of
510 those listed in this sub-subparagraph; or
511 d. On or after July 1, 2007, has been adjudicated
512 delinquent for committing, or attempting, soliciting, or
513 conspiring to commit, any of the criminal offenses proscribed in
514 the following statutes in this state or similar offenses in
515 another jurisdiction when the juvenile was 14 years of age or
516 older at the time of the offense:
517 (I) Section 794.011, excluding s. 794.011(10);
518 (II) Section 800.04(4)(b) where the victim is under 12
519 years of age or where the court finds sexual activity by the use
520 of force or coercion;
521 (III) Section 800.04(5)(c)1. where the court finds
522 molestation involving unclothed genitals; or
523 (IV) Section 800.04(5)(d) where the court finds the use of
524 force or coercion and unclothed genitals.
525 2. For all qualifying offenses listed in sub-subparagraph
526 (1)(a)1.d., the court shall make a written finding of the age of
527 the offender at the time of the offense.
528
529 For each violation of a qualifying offense listed in this
530 subsection, the court shall make a written finding of the age of
531 the victim at the time of the offense. For a violation of s.
532 800.04(4), the court shall additionally make a written finding
533 indicating that the offense did or did not involve sexual
534 activity and indicating that the offense did or did not involve
535 force or coercion. For a violation of s. 800.04(5), the court
536 shall additionally make a written finding that the offense did
537 or did not involve unclothed genitals or genital area and that
538 the offense did or did not involve the use of force or coercion.
539 Section 12. Paragraph (b) of subsection (1) of section
540 944.606, Florida Statutes, is amended to read:
541 944.606 Sexual offenders; notification upon release.—
542 (1) As used in this section:
543 (b) “Sexual offender” means a person who has been convicted
544 of committing, or attempting, soliciting, or conspiring to
545 commit, any of the criminal offenses proscribed in the following
546 statutes in this state or similar offenses in another
547 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
548 the victim is a minor and the defendant is not the victim’s
549 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
550 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
551 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
552 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
553 847.0145; or s. 985.701(1); or any similar offense committed in
554 this state which has been redesignated from a former statute
555 number to one of those listed in this subsection, when the
556 department has received verified information regarding such
557 conviction; an offender’s computerized criminal history record
558 is not, in and of itself, verified information.
559 Section 13. Paragraph (a) of subsection (1) of section
560 944.607, Florida Statutes, is amended to read:
561 944.607 Notification to Department of Law Enforcement of
562 information on sexual offenders.—
563 (1) As used in this section, the term:
564 (a) “Sexual offender” means a person who is in the custody
565 or control of, or under the supervision of, the department or is
566 in the custody of a private correctional facility:
567 1. On or after October 1, 1997, as a result of a conviction
568 for committing, or attempting, soliciting, or conspiring to
569 commit, any of the criminal offenses proscribed in the following
570 statutes in this state or similar offenses in another
571 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
572 the victim is a minor and the defendant is not the victim’s
573 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
574 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
575 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
576 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
577 847.0145; or s. 985.701(1); or any similar offense committed in
578 this state which has been redesignated from a former statute
579 number to one of those listed in this paragraph; or
580 2. Who establishes or maintains a residence in this state
581 and who has not been designated as a sexual predator by a court
582 of this state but who has been designated as a sexual predator,
583 as a sexually violent predator, or by another sexual offender
584 designation in another state or jurisdiction and was, as a
585 result of such designation, subjected to registration or
586 community or public notification, or both, or would be if the
587 person were a resident of that state or jurisdiction, without
588 regard as to whether the person otherwise meets the criteria for
589 registration as a sexual offender.
590 Section 14. Paragraphs (b) and (c) of subsection (2) of
591 section 90.404, Florida Statutes, are amended to read:
592 90.404 Character evidence; when admissible.—
593 (2) OTHER CRIMES, WRONGS, OR ACTS.—
594 (b)1. In a criminal case in which the defendant is charged
595 with a crime involving child molestation, evidence of the
596 defendant’s commission of other crimes, wrongs, or acts of child
597 molestation is admissible and may be considered for its bearing
598 on any matter to which it is relevant.
599 2. For the purposes of this paragraph, the term “child
600 molestation” means conduct proscribed by s. 787.025(2)(c), s.
601 787.06(3)(g) and (h), s. 794.011, excluding s. 794.011(10), s.
602 794.05, s. 796.03, s. 796.035, s. 796.045, s. 800.04, s.
603 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when
604 committed against a person 16 years of age or younger.
605 (c)1. In a criminal case in which the defendant is charged
606 with a sexual offense, evidence of the defendant’s commission of
607 other crimes, wrongs, or acts involving a sexual offense is
608 admissible and may be considered for its bearing on any matter
609 to which it is relevant.
610 2. For the purposes of this paragraph, the term “sexual
611 offense” means conduct proscribed by s. 787.025(2)(c), s.
612 787.06(3)(b), (d), (f), (g), or (h), s. 794.011, excluding s.
613 794.011(10), s. 794.05, s. 796.03, s. 796.035, s. 796.045, s.
614 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s.
615 985.701(1).
616 Section 15. Paragraph (a) of subsection (1) of section
617 772.102, Florida Statutes, is amended to read:
618 772.102 Definitions.—As used in this chapter, the term:
619 (1) “Criminal activity” means to commit, to attempt to
620 commit, to conspire to commit, or to solicit, coerce, or
621 intimidate another person to commit:
622 (a) Any crime that is chargeable by indictment or
623 information under the following provisions:
624 1. Section 210.18, relating to evasion of payment of
625 cigarette taxes.
626 2. Section 414.39, relating to public assistance fraud.
627 3. Section 440.105 or s. 440.106, relating to workers’
628 compensation.
629 4. Part IV of chapter 501, relating to telemarketing.
630 5. Chapter 517, relating to securities transactions.
631 6. Section 550.235 or s. 550.3551, relating to dogracing
632 and horseracing.
633 7. Chapter 550, relating to jai alai frontons.
634 8. Chapter 552, relating to the manufacture, distribution,
635 and use of explosives.
636 9. Chapter 562, relating to beverage law enforcement.
637 10. Section 624.401, relating to transacting insurance
638 without a certificate of authority, s. 624.437(4)(c)1., relating
639 to operating an unauthorized multiple-employer welfare
640 arrangement, or s. 626.902(1)(b), relating to representing or
641 aiding an unauthorized insurer.
642 11. Chapter 687, relating to interest and usurious
643 practices.
644 12. Section 721.08, s. 721.09, or s. 721.13, relating to
645 real estate timeshare plans.
646 13. Chapter 782, relating to homicide.
647 14. Chapter 784, relating to assault and battery.
648 15. Chapter 787, relating to kidnapping or human
649 trafficking.
650 16. Chapter 790, relating to weapons and firearms.
651 17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
652 796.07, relating to prostitution.
653 18. Chapter 806, relating to arson.
654 19. Section 810.02(2)(c), relating to specified burglary of
655 a dwelling or structure.
656 20. Chapter 812, relating to theft, robbery, and related
657 crimes.
658 21. Chapter 815, relating to computer-related crimes.
659 22. Chapter 817, relating to fraudulent practices, false
660 pretenses, fraud generally, and credit card crimes.
661 23. Section 827.071, relating to commercial sexual
662 exploitation of children.
663 24. Chapter 831, relating to forgery and counterfeiting.
664 25. Chapter 832, relating to issuance of worthless checks
665 and drafts.
666 26. Section 836.05, relating to extortion.
667 27. Chapter 837, relating to perjury.
668 28. Chapter 838, relating to bribery and misuse of public
669 office.
670 29. Chapter 843, relating to obstruction of justice.
671 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
672 s. 847.07, relating to obscene literature and profanity.
673 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
674 849.25, relating to gambling.
675 32. Chapter 893, relating to drug abuse prevention and
676 control.
677 33. Section 914.22 or s. 914.23, relating to witnesses,
678 victims, or informants.
679 34. Section 918.12 or s. 918.13, relating to tampering with
680 jurors and evidence.
681 Section 16. Subsection (1) of section 794.056, Florida
682 Statutes, is amended to read:
683 794.056 Rape Crisis Program Trust Fund.—
684 (1) The Rape Crisis Program Trust Fund is created within
685 the Department of Health for the purpose of providing funds for
686 rape crisis centers in this state. Trust fund moneys shall be
687 used exclusively for the purpose of providing services for
688 victims of sexual assault. Funds credited to the trust fund
689 consist of those funds collected as an additional court
690 assessment in each case in which a defendant pleads guilty or
691 nolo contendere to, or is found guilty of, regardless of
692 adjudication, an offense provided in s. 775.21(6) and (10)(a),
693 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
694 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
695 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
696 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
697 s. 796.03; s. 796.035; s. 796.04; s. 796.045; s. 796.05; s.
698 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
699 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
700 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
701 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
702 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
703 fund also shall include revenues provided by law, moneys
704 appropriated by the Legislature, and grants from public or
705 private entities.
706 Section 17. Paragraph (a) of subsection (1) of section
707 895.02, Florida Statutes, is amended to read:
708 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
709 (1) “Racketeering activity” means to commit, to attempt to
710 commit, to conspire to commit, or to solicit, coerce, or
711 intimidate another person to commit:
712 (a) Any crime that is chargeable by petition, indictment,
713 or information under the following provisions of the Florida
714 Statutes:
715 1. Section 210.18, relating to evasion of payment of
716 cigarette taxes.
717 2. Section 316.1935, relating to fleeing or attempting to
718 elude a law enforcement officer and aggravated fleeing or
719 eluding.
720 3. Section 403.727(3)(b), relating to environmental
721 control.
722 4. Section 409.920 or s. 409.9201, relating to Medicaid
723 fraud.
724 5. Section 414.39, relating to public assistance fraud.
725 6. Section 440.105 or s. 440.106, relating to workers’
726 compensation.
727 7. Section 443.071(4), relating to creation of a fictitious
728 employer scheme to commit unemployment compensation fraud.
729 8. Section 465.0161, relating to distribution of medicinal
730 drugs without a permit as an Internet pharmacy.
731 9. Section 499.0051, relating to crimes involving
732 contraband and adulterated drugs.
733 10. Part IV of chapter 501, relating to telemarketing.
734 11. Chapter 517, relating to sale of securities and
735 investor protection.
736 12. Section 550.235 or s. 550.3551, relating to dogracing
737 and horseracing.
738 13. Chapter 550, relating to jai alai frontons.
739 14. Section 551.109, relating to slot machine gaming.
740 15. Chapter 552, relating to the manufacture, distribution,
741 and use of explosives.
742 16. Chapter 560, relating to money transmitters, if the
743 violation is punishable as a felony.
744 17. Chapter 562, relating to beverage law enforcement.
745 18. Section 624.401, relating to transacting insurance
746 without a certificate of authority, s. 624.437(4)(c)1., relating
747 to operating an unauthorized multiple-employer welfare
748 arrangement, or s. 626.902(1)(b), relating to representing or
749 aiding an unauthorized insurer.
750 19. Section 655.50, relating to reports of currency
751 transactions, when such violation is punishable as a felony.
752 20. Chapter 687, relating to interest and usurious
753 practices.
754 21. Section 721.08, s. 721.09, or s. 721.13, relating to
755 real estate timeshare plans.
756 22. Section 775.13(5)(b), relating to registration of
757 persons found to have committed any offense for the purpose of
758 benefiting, promoting, or furthering the interests of a criminal
759 gang.
760 23. Section 777.03, relating to commission of crimes by
761 accessories after the fact.
762 24. Chapter 782, relating to homicide.
763 25. Chapter 784, relating to assault and battery.
764 26. Chapter 787, relating to kidnapping or human
765 trafficking.
766 27. Chapter 790, relating to weapons and firearms.
767 28. Chapter 794, relating to sexual battery, but only if
768 such crime was committed with the intent to benefit, promote, or
769 further the interests of a criminal gang, or for the purpose of
770 increasing a criminal gang member’s own standing or position
771 within a criminal gang.
772 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
773 796.05, or s. 796.07, relating to prostitution and sex
774 trafficking.
775 30. Chapter 806, relating to arson and criminal mischief.
776 31. Chapter 810, relating to burglary and trespass.
777 32. Chapter 812, relating to theft, robbery, and related
778 crimes.
779 33. Chapter 815, relating to computer-related crimes.
780 34. Chapter 817, relating to fraudulent practices, false
781 pretenses, fraud generally, and credit card crimes.
782 35. Chapter 825, relating to abuse, neglect, or
783 exploitation of an elderly person or disabled adult.
784 36. Section 827.071, relating to commercial sexual
785 exploitation of children.
786 37. Chapter 831, relating to forgery and counterfeiting.
787 38. Chapter 832, relating to issuance of worthless checks
788 and drafts.
789 39. Section 836.05, relating to extortion.
790 40. Chapter 837, relating to perjury.
791 41. Chapter 838, relating to bribery and misuse of public
792 office.
793 42. Chapter 843, relating to obstruction of justice.
794 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
795 s. 847.07, relating to obscene literature and profanity.
796 44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
797 849.25, relating to gambling.
798 45. Chapter 874, relating to criminal gangs.
799 46. Chapter 893, relating to drug abuse prevention and
800 control.
801 47. Chapter 896, relating to offenses related to financial
802 transactions.
803 48. Sections 914.22 and 914.23, relating to tampering with
804 or harassing a witness, victim, or informant, and retaliation
805 against a witness, victim, or informant.
806 49. Sections 918.12 and 918.13, relating to tampering with
807 jurors and evidence.
808 Section 18. Section 938.085, Florida Statutes, is amended
809 to read:
810 938.085 Additional cost to fund rape crisis centers.—In
811 addition to any sanction imposed when a person pleads guilty or
812 nolo contendere to, or is found guilty of, regardless of
813 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
814 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
815 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
816 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
817 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
818 s. 796.035; s. 796.04; s. 796.045; s. 796.05; s. 796.06; s.
819 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
820 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
821 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
822 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
823 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
824 $151. Payment of the surcharge shall be a condition of
825 probation, community control, or any other court-ordered
826 supervision. The sum of $150 of the surcharge shall be deposited
827 into the Rape Crisis Program Trust Fund established within the
828 Department of Health by chapter 2003-140, Laws of Florida. The
829 clerk of the court shall retain $1 of each surcharge that the
830 clerk of the court collects as a service charge of the clerk’s
831 office.
832 Section 19. Paragraphs (d), (g), (h), (i), and (j) of
833 subsection (3) of section 921.0022, Florida Statutes, are
834 amended to read:
835 921.0022 Criminal Punishment Code; offense severity ranking
836 chart.—
837
838 (3) OFFENSE SEVERITY RANKING CHART
839 (d) LEVEL 4
840 FloridaStatute FelonyDegree Description
841 316.1935(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.
842 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
843 499.0051(2) 3rd Failure to authenticate pedigree papers.
844 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
845 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
846 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
847 784.075 3rd Battery on detention or commitment facility staff.
848 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
849 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
850 784.081(3) 3rd Battery on specified official or employee.
851 784.082(3) 3rd Battery by detained person on visitor or other detainee.
852 784.083(3) 3rd Battery on code inspector.
853 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
854 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
855 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
856 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
857 787.07 3rd Human smuggling.
858 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
859 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
860 790.115(2)(c) 3rd Possessing firearm on school property.
861 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
862 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
863 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
864 810.06 3rd Burglary; possession of tools.
865 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
866 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
867 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
868 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
869 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
870 817.568(2)(a) 3rd Fraudulent use of personal identification information.
871 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
872 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
873 837.02(1) 3rd Perjury in official proceedings.
874 837.021(1) 3rd Make contradictory statements in official proceedings.
875 838.022 3rd Official misconduct.
876 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
877 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
878 843.021 3rd Possession of a concealed handcuff key by a person in custody.
879 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
880 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
881 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
882 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
883 893.13(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).
884 914.14(2) 3rd Witnesses accepting bribes.
885 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
886 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
887 918.12 3rd Tampering with jurors.
888 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
889 (g) LEVEL 7
890 FloridaStatute FelonyDegree Description
891 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
892 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
893 316.1935(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.
894 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
895 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
896 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
897 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
898 456.065(2) 3rd Practicing a health care profession without a license.
899 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
900 458.327(1) 3rd Practicing medicine without a license.
901 459.013(1) 3rd Practicing osteopathic medicine without a license.
902 460.411(1) 3rd Practicing chiropractic medicine without a license.
903 461.012(1) 3rd Practicing podiatric medicine without a license.
904 462.17 3rd Practicing naturopathy without a license.
905 463.015(1) 3rd Practicing optometry without a license.
906 464.016(1) 3rd Practicing nursing without a license.
907 465.015(2) 3rd Practicing pharmacy without a license.
908 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
909 467.201 3rd Practicing midwifery without a license.
910 468.366 3rd Delivering respiratory care services without a license.
911 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
912 483.901(9) 3rd Practicing medical physics without a license.
913 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
914 484.053 3rd Dispensing hearing aids without a license.
915 494.0018(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.
916 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
917 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
918 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
919 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
920 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
921 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
922 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
923 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
924 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
925 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
926 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
927 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
928 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
929 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
930 784.048(7) 3rd Aggravated stalking; violation of court order.
931 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
932 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
933 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
934 784.081(1) 1st Aggravated battery on specified official or employee.
935 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
936 784.083(1) 1st Aggravated battery on code inspector.
937 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
938 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
939 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
940 790.16(1) 1st Discharge of a machine gun under specified circumstances.
941 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
942 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
943 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
944 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
945 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
946 794.08(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.
947 796.03 2nd Procuring any person under 16 years for prostitution.
948 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
949 800.04(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.
950 806.01(2) 2nd Maliciously damage structure by fire or explosive.
951 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
952 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
953 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
954 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
955 812.014(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.
956 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
957 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
958 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
959 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
960 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
961 812.131(2)(a) 2nd Robbery by sudden snatching.
962 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
963 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
964 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
965 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
966 817.2341 (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.
967 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
968 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
969 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
970 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
971 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
972 838.015 2nd Bribery.
973 838.016 2nd Unlawful compensation or reward for official behavior.
974 838.021(3)(a) 2nd Unlawful harm to a public servant.
975 838.22 2nd Bid tampering.
976 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
977 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
978 872.06 2nd Abuse of a dead human body.
979 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
980 893.13(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.
981 893.13(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.
982 893.13(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).
983 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
984 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
985 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
986 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
987 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
988 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
989 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
990 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
991 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
992 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
993 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
994 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
995 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
996 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
997 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
998 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
999 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1000 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1001 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1002 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1003 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1004 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1005 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1006 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1007 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1008 (h) LEVEL 8
1009 FloridaStatute FelonyDegree Description
1010 316.193 (3)(c)3.a. 2nd DUI manslaughter.
1011 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
1012 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
1013 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
1014 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
1015 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
1016 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
1017 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
1018 777.03(2)(a) 1st Accessory after the fact, capital felony.
1019 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
1020 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
1021 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
1022 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
1023 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
1024 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
1025 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
1026 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
1027 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
1028 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
1029 800.04(4) 2nd Lewd or lascivious battery.
1030 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
1031 810.02(2)(a) 1st,PBL Burglary with assault or battery.
1032 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
1033 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
1034 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
1035 812.13(2)(b) 1st Robbery with a weapon.
1036 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1037 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1038 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
1039 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1040 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
1041 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1042 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1043 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1044 860.16 1st Aircraft piracy.
1045 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1046 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1047 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1048 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1049 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1050 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1051 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
1052 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1053 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
1054 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1055 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1056 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1057 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1058 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1059 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1060 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1061 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1062 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1063 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
1064 (i) LEVEL 9
1065 FloridaStatute FelonyDegree Description
1066 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1067 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1068 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1069 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1070 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1071 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1072 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1073 775.0844 1st Aggravated white collar crime.
1074 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1075 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
1076 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1077 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1078 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1079 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1080 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1081 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1082 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1083 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1084 787.06(4) 1st Selling or buying of minors into human trafficking.
1085 790.161 1st Attempted capital destructive device offense.
1086 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1087 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1088 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1089 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1090 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1091 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1092 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1093 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1094 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1095 812.135(2)(b) 1st Home-invasion robbery with weapon.
1096 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
1097 827.03(2) 1st Aggravated child abuse.
1098 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1099 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1100 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
1101 893.135 1st Attempted capital trafficking offense.
1102 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1103 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1104 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1105 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1106 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1107 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1108 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1109 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1110 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1111 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1112 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1113 (j) LEVEL 10
1114 FloridaStatute FelonyDegree Description
1115 499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
1116 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
1117 782.07(3) 1st Aggravated manslaughter of a child.
1118 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
1119 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1120 787.06(3)(h) Life Human trafficking for commercial sexual activity of a child under the age of 15.
1121 782.07(3) 1st Aggravated manslaughter of a child.
1122 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
1123 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
1124 876.32 1st Treason against the state.
1125 Section 20. This act shall take effect July 1, 2012.