Florida Senate - 2013                       CS for CS for SB 112
       
       
       
       By the Committees on Criminal Justice; and Judiciary; and
       Senator Dean
       
       
       
       591-02610A-13                                          2013112c2
    1                        A bill to be entitled                      
    2         An act relating to filing false documents against real
    3         or personal property; creating s. 817.535, F.S.;
    4         defining terms; prohibiting a person from filing or
    5         causing to be filed, with intent to defraud another, a
    6         document relating to the ownership, transfer, or
    7         encumbrance of or claim against real or personal
    8         property, or any interest in real or personal
    9         property, which the person knows contains a material
   10         misstatement or misrepresentations; providing criminal
   11         penalties; establishing reclassified penalties that
   12         increase criminal penalties for persons who commit the
   13         specified offenses a second or more times, who are
   14         convicted offenders who commit unlawful acts while
   15         incarcerated in a jail or participating in community
   16         correctional programs, and when the victim of the
   17         offense is a public officer or employee under certain
   18         circumstances; authorizing the court to issue
   19         injunction; authorizing a court to seal specified
   20         public or private records under certain circumstances;
   21         providing that the subject of the false statements has
   22         a cause of action against the perpetrator; providing
   23         for actual and punitive damages; providing that the
   24         prevailing party is entitled to costs and reasonable
   25         attorney fees; providing duties of the custodian of
   26         the official record; providing applicability;
   27         requiring that attorney fees be paid to the government
   28         agency that provides legal representation, under
   29         certain circumstances; amending s. 843.0855, F.S.;
   30         revising definitions; defining the term “public
   31         officer or employee”; providing criminal penalties for
   32         a person who impersonates a public official or
   33         employee or who, under color of law, intimidates
   34         certain specified officials; amending s. 921.0022,
   35         F.S.; revising provisions of the offense severity
   36         ranking chart of the Criminal Punishment Code to
   37         conform to changes made by the act; providing an
   38         effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Section 817.535, Florida Statutes, is created to
   43  read:
   44         817.535 Unlawful filing of false documents or records
   45  against real or personal property.—
   46         (1)As used in this section, the term:
   47         (a)“File” means to present an instrument for recording in
   48  an official record or to cause an instrument to be presented for
   49  recording in an official record.
   50         (b) “Filer” means the person who presents an instrument for
   51  recording in an official record, or causes an instrument to be
   52  presented for recording in an official record.
   53         (c) “Instrument” means any judgment, mortgage, assignment,
   54  pledge, lien, financing statement, encumbrance, deed, lease,
   55  bill of sale, agreement, mortgage, notice of claim of lien,
   56  notice of levy, promissory note, mortgage note, release, partial
   57  release or satisfaction of any of the foregoing, or any other
   58  document that relates to or attempts to restrict the ownership,
   59  transfer, encumbrance of or claim against real or personal
   60  property, or any interest in real or personal property.
   61         (d) “Official record” means the series of instruments,
   62  regardless of how they are maintained, which a clerk of the
   63  circuit court, or any person or entity designated by general
   64  law, special law, or county charter, is required or authorized
   65  by law to record. The term also includes a series of instruments
   66  pertaining to the Uniform Commercial Code filed with the
   67  Secretary of State or with any entity under contract with the
   68  Secretary of State to maintain Uniform Commercial Code records
   69  and a database of judgment liens maintained by the Secretary of
   70  State.
   71         (e) “Public officer or employee” means, but is not limited
   72  to:
   73         1. A person elected or appointed to a state or federal
   74  office, including any person serving on an advisory body, board,
   75  commission, committee, council, or authority;
   76         2. An employee of a state, county, municipal, political
   77  subdivision, school district, educational institution, or
   78  special district agency or entity, including all judges,
   79  attorneys, law enforcement officers, deputy clerks of court, and
   80  marshals;
   81         3. A state or federal executive, legislative, or judicial
   82  officer, employee, or volunteer authorized to perform actions or
   83  services for any executive, legislative, or judicial office,
   84  agency, officer, or employee;
   85         4. A person who acts as a general or special magistrate,
   86  auditor, arbitrator, umpire, referee, hearing officer, or
   87  consultant to any state or local governmental entity; and
   88         5. A person who is a candidate for public office or
   89  judicial position.
   90         (2)(a) A person who files or directs a filer to file, with
   91  the intent to defraud or harass another, any instrument
   92  containing a materially false, fictitious, or fraudulent
   93  statement or representation that purports to affect the owner’s
   94  interest in the property described in the instrument commits a
   95  felony of the third degree, punishable as provided in s.
   96  775.082, s. 775.083, or s. 775.084.
   97         (b) A person who violates paragraph (a) a second or
   98  subsequent time commits a felony of the second degree,
   99  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  100         (3)If a person is convicted of violating subsection (2)
  101  and the owner of the property subject to the false instrument is
  102  a public officer or employee, such offense shall be reclassified
  103  as follows:
  104         (a)In the case of a felony of the third degree, to a
  105  felony of the second degree, punishable as provided in s.
  106  775.082, s. 775.083, or s. 775.084.
  107         (b) In the case of a felony of the second degree, to a
  108  felony of the first degree, punishable as provided in s.
  109  775.082, s. 775.083, or s. 775.084.
  110         (4)If a person is convicted of violating subsection (2)
  111  while incarcerated in a jail or correctional institution or
  112  while participating in a pretrial diversion program under any
  113  form of pretrial release or bond, on probation or parole, or
  114  under any postrelease supervision, the offense for which the
  115  person is convicted shall be reclassified as follows:
  116         (a)In the case of a felony of the third degree, to a
  117  felony of the second degree, punishable as provided in s.
  118  775.082, s. 775.083, or s. 775.084.
  119         (b) In the case of a felony of the second degree, to a
  120  felony of the first degree, punishable as provided in s.
  121  775.082, s. 775.083, or s. 775.084.
  122  
  123  If a person convicted of violating this subsection committed the
  124  offense while incarcerated in a jail or correctional
  125  institution, the sentencing court shall issue a written finding
  126  that the offense occurred while the person was incarcerated in a
  127  jail or correctional institution and direct that a copy of the
  128  written finding and judgment of conviction be forwarded to the
  129  appropriate state institution or county facility for
  130  consideration of disciplinary action, including forfeiture of
  131  all gain-time or any early release credits accumulated up to the
  132  date of the violation.
  133         (5) If the person is convicted of violating subsection (2)
  134  and the owner of property covered by the false instrument incurs
  135  financial loss as a result of the instrument being recorded in
  136  the official record, including costs and attorney fees incurred
  137  in correcting, sealing, or removing the false instrument from
  138  the official record as described herein, such an offense shall
  139  be reclassified as follows:
  140         (a)In the case of a felony of the third degree, to a
  141  felony of the second degree, punishable as provided in s.
  142  775.082, s. 775.083, or s. 775.084.
  143         (b) In the case of a felony of the second degree, to a
  144  felony of the first degree, punishable as provided in s.
  145  775.082, s. 775.083, or s. 775.084.
  146         (6) A person who fraudulently records a claim of lien in
  147  the official records pursuant to part I of chapter 713 is
  148  subject to the fraud provisions of s. 713.31 and not this
  149  section.
  150         (7) If a person is convicted of violating this section, the
  151  court shall issue an order declaring the instrument forming the
  152  basis of the conviction null and void and may enjoin the person
  153  from filing any instrument in an official record absent prior
  154  review and approval by a circuit or county court judge. The
  155  court may also order the instrument forming the basis of the
  156  conviction sealed from the official record and removed from any
  157  applicable electronic database used for recording instruments in
  158  the official record.
  159         (8)(a) Any person adversely affected by an instrument filed
  160  in the official record which contains a materially false,
  161  fictitious, or fraudulent statement or representation has a
  162  civil cause of action under this section without regard to
  163  whether criminal charges are pursued under subsection (2). A
  164  notice of lis pendens in accord with s. 48.23 shall be filed
  165  which specifically describes the instrument under challenge and
  166  the real or personal property affected by the instrument.
  167         (b) Upon a finding that the instrument contains a
  168  materially false, fictitious, or fraudulent statement or
  169  representation such that the instrument does not establish a
  170  legitimate property or lien interest in favor of another person:
  171         1. The court shall determine whether the entire instrument
  172  or certain parts thereof are null and void ab initio. If the
  173  court finds the instrument null and void in its entirety, it may
  174  order the instrument sealed from the official record and removed
  175  from any electronic database used for indexing or locating
  176  instruments in the official record. The court may also,
  177  permanently or for a period of time, enjoin the defendant who
  178  filed the instrument or who directed the filer to file the
  179  instrument, from filing or directing a person to file an
  180  instrument in the official records, without prior review and
  181  approval for filing by a circuit or county court judge, provided
  182  that as to third parties who may have given value for an
  183  interest described or granted by any instrument filed in
  184  violation of the injunction, the instrument shall be deemed
  185  validly filed and provides constructive notice, notwithstanding
  186  any failure to comply with the terms of the injunction.
  187         2. The court, upon a finding of intent to defraud or
  188  harass, shall award actual damages and punitive damages, subject
  189  to the criteria in s. 768.72, to the person adversely affected
  190  by the instrument. The court may also levy a civil penalty of
  191  $2,500 for each instrument determined to be in violation of
  192  subsection (2).
  193         3. The court may grant such other relief or remedy that the
  194  court determines is just and proper within its sound judicial
  195  discretion.
  196         (c) The prevailing party in such a suit is entitled to
  197  recover costs and reasonable attorney fees.
  198         (d) The custodian of any official record shall, upon
  199  payment of appropriate fees, provide a certified copy of the
  200  sealed instrument to the party seeking relief under this section
  201  for use in subsequent court proceedings, in addressing or
  202  correcting adverse effects upon the person’s credit or property
  203  rights, or reporting the matter for investigation and
  204  prosecution; or in response to a subpoena seeking the instrument
  205  for criminal investigative or prosecution purposes.
  206         (e) Upon request, the custodian of any official record
  207  shall, upon payment of appropriate fees, provide a certified
  208  copy of the sealed instrument to any federal state or local law
  209  enforcement agency.
  210         (f)If feasible, the custodian of the official record where
  211  the instrument is recorded shall record any court order finding
  212  that the instrument is null and void in its entirety or in
  213  certain parts thereof.
  214         (g)An instrument removed from an electronic database used
  215  for recording instruments in the public record pursuant to this
  216  section shall be maintained in a manner in which the instrument
  217  can be reduced to paper form.
  218         (9) A government agency may provide legal representation to
  219  a public officer or employee if the instrument at issue appears
  220  to have been filed to defraud or harass the public officer or
  221  employee on account of the performance in that officer’s or
  222  employee’s official duties. If the public officer or employee is
  223  the prevailing party, the award of reasonable attorney fees
  224  shall be paid to the government agency that provided the legal
  225  representation.
  226         (10)This section does not apply to the procedures for
  227  sealing or expunging criminal history records as provided in ss.
  228  943.0585 and 943.059.
  229         (11) If any provision of this section or its application to
  230  any person or circumstance is held invalid, the invalidity shall
  231  not affect other provisions or applications of this section
  232  which can be given effect without the invalid provision or
  233  application, and to this end the provisions of this section are
  234  severable.
  235         Section 2. Section 843.0855, Florida Statutes, is amended
  236  to read:
  237         843.0855 Criminal actions under color of law or through use
  238  of simulated legal process.—
  239         (1) As used in this section:
  240         (a) The term “legal process” means a document or order
  241  issued by a court or filed or recorded with an official court of
  242  this state or the United States or with any official
  243  governmental entity of this state or the United States for the
  244  purpose of exercising jurisdiction or representing a claim
  245  against a person or property, or for the purpose of directing a
  246  person to appear before a court or tribunal, or to perform or
  247  refrain from performing a specified act. “Legal process”
  248  includes, but is not limited to, a summons, lien, complaint,
  249  warrant, injunction, writ, notice, pleading, subpoena, or order.
  250         (b) The term “person” means an individual, public or
  251  private group incorporated or otherwise, legitimate or
  252  illegitimate legal tribunal or entity, informal organization,
  253  official or unofficial agency or body, or any group of
  254  individuals associated in fact, whether a legal entity or not
  255  assemblage of individuals.
  256         (c) The term “public officer or employee” includes, but is
  257  not limited to:
  258         1. A person elected or appointed to a state or federal
  259  office, including a person serving on an advisory body, board,
  260  commission, committee, council, or authority;
  261         2. An employee of a state, county, municipal, political
  262  subdivision, school district, educational institution, or
  263  special district agency or entity, including all judges,
  264  attorneys, law enforcement officers, deputy clerks of court, or
  265  marshals;
  266         3. A state or federal executive, legislative, or judicial
  267  officer, employee, or volunteer authorized to perform actions or
  268  services for any executive, legislative, or judicial office,
  269  agency, officer, or employee;
  270         4. A person who acts as a general or special magistrate,
  271  auditor, arbitrator, umpire, referee, hearing officer, or
  272  consultant to any state or local governmental entity; and
  273         5. A person who is a candidate for public office or
  274  judicial position
  275         (c) The term “public officer” means a public officer as
  276  defined by s. 112.061.
  277         (d) The term “public employee” means a public employee as
  278  defined by s. 112.061.
  279         (2) A Any person who deliberately impersonates or falsely
  280  acts as a public officer or employee tribunal, public employee
  281  or utility employee, including, but not limited to, marshals,
  282  judges, prosecutors, sheriffs, deputies, court personnel, or any
  283  law enforcement authority in connection with or relating to any
  284  legal process affecting persons and property, or otherwise takes
  285  any action under color of law against persons or property,
  286  commits a felony of the third degree, punishable as provided in
  287  s. 775.082, or s. 775.083, or s. 775.084. It is the intent of
  288  the Legislature that this section applies if a person acts as an
  289  officer or employee purporting to supersede or override any
  290  legislation or statute of this state, or to supersede or
  291  override any action of any court, of this state.
  292         (3) A Any person who simulates legal process, including,
  293  but not limited to, actions affecting title to real estate or
  294  personal property, indictments, subpoenas, warrants,
  295  injunctions, liens, orders, judgments, or any legal documents or
  296  proceedings, knowing or having reason to know the contents of
  297  any such documents or proceedings or the basis for any action to
  298  be fraudulent, commits a felony of the third degree, punishable
  299  as provided in s. 775.082, or s. 775.083, or s. 775.084.
  300         (4) A Any person who falsely under color of law attempts in
  301  any way to influence, intimidate, harass, retaliate against, or
  302  hinder a public officer or employee involving or law enforcement
  303  officer in the discharge of his or her official duties by means
  304  of, but not limited to, threats of or actual physical abuse or
  305  harassment, or through the use of simulated legal process,
  306  commits a felony of the third degree, punishable as provided in
  307  s. 775.082, or s. 775.083, or s. 775.084.
  308         (5)(a) Nothing in This section does not shall make unlawful
  309  any act of any law enforcement officer or legal tribunal which
  310  is performed under lawful authority.
  311         (b) Nothing in This section does not shall prohibit
  312  individuals from assembling freely to express opinions or
  313  designate group affiliation or association.
  314         (c) Nothing in This section does not shall prohibit or in
  315  any way limit a person’s lawful and legitimate access to the
  316  courts or prevent a person from instituting or responding to
  317  legitimate and lawful legal process.
  318         Section 3. Paragraphs (g) through (i) of subsection (3) of
  319  section 921.0022, Florida Statutes, are amended to read:
  320         921.0022 Criminal Punishment Code; offense severity ranking
  321  chart.—
  322         (3) OFFENSE SEVERITY RANKING CHART
  323         (g) LEVEL 7
  324  FloridaStatute   FelonyDegree                Description                
  325  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  326  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  327  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.
  328  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  329  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  330  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  331  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  332  456.065(2)          3rd   Practicing a health care profession without a license.
  333  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  334  458.327(1)          3rd   Practicing medicine without a license.     
  335  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  336  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  337  461.012(1)          3rd   Practicing podiatric medicine without a license.
  338  462.17              3rd   Practicing naturopathy without a license.  
  339  463.015(1)          3rd   Practicing optometry without a license.    
  340  464.016(1)          3rd   Practicing nursing without a license.      
  341  465.015(2)          3rd   Practicing pharmacy without a license.     
  342  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  343  467.201             3rd   Practicing midwifery without a license.    
  344  468.366             3rd   Delivering respiratory care services without a license.
  345  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  346  483.901(9)          3rd   Practicing medical physics without a license.
  347  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  348  484.053             3rd   Dispensing hearing aids without a license. 
  349  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.
  350  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.
  351  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  352  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  353  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  354  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  355  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  356  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  357  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  358  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  359  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  360  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  361  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  362  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  363  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  364  784.048(7)          3rd   Aggravated stalking; violation of court order.
  365  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  366  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  367  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  368  784.081(1)          1st   Aggravated battery on specified official or employee.
  369  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  370  784.083(1)          1st   Aggravated battery on code inspector.      
  371  787.06(3)(a)        1st   Human trafficking using coercion for labor and services.
  372  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.
  373  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  374  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  375  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  376  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  377  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  378  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  379  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  380  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.
  381  796.03              2nd   Procuring any person under 16 years for prostitution.
  382  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  383  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.
  384  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  385  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  386  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  387  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  388  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  389  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.
  390  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  391  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  392  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  393  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  394  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  395  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  396  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  397  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  398  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  399  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  400  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.
  401  817.535(2)(a)       3rd   Filing false lien or other unauthorized document.
  402  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  403  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.
  404  827.03(2)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  405  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  406  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  407  838.015             2nd   Bribery.                                   
  408  838.016             2nd   Unlawful compensation or reward for official behavior.
  409  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  410  838.22              2nd   Bid tampering.                             
  411  843.0855(2)         3rd   Impersonation of a public officer or employee.
  412  843.0855(3)         3rd   Unlawful simulation of legal process.      
  413  843.0855(4)         3rd   Intimidation of a public officer or employee.
  414  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  415  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  416  872.06              2nd   Abuse of a dead human body.                
  417  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  418  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.
  419  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.
  420  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).
  421  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  422  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  423  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  424  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  425  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  426  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  427  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  428  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  429  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  430  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  431  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  432  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  433  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  434  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  435  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  436  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  437  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  438  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  439  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  440  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  441  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  442  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  443  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  444  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  445  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  446         (h) LEVEL 8
  447  FloridaStatute   FelonyDegree                Description                
  448  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                          
  449  316.1935(4)(b)      1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  450  327.35(3)(c)3.      2nd   Vessel BUI manslaughter.                   
  451  499.0051(7)         1st   Knowing trafficking in contraband prescription drugs.
  452  499.0051(8)         1st   Knowing forgery of prescription labels or prescription drug labels.
  453  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.
  454  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.
  455  655.50(10)(b)2.     2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  456  777.03(2)(a)        1st   Accessory after the fact, capital felony.  
  457  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, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  458  782.051(2)          1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  459  782.071(1)(b)       1st   Committing vehicular homicide and failing to render aid or give information.
  460  782.072(2)          1st   Committing vessel homicide and failing to render aid or give information.
  461  787.06(3)(b)        1st   Human trafficking using coercion for commercial sexual activity.
  462  787.06(3)(c)        1st   Human trafficking using coercion for labor and services of an unauthorized alien.
  463  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.
  464  790.161(3)          1st   Discharging a destructive device which results in bodily harm or property damage.
  465  794.011(5)          2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  466  794.08(3)           2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  467  800.04(4)           2nd   Lewd or lascivious battery.                
  468  806.01(1)           1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  469  810.02(2)(a)      1st,PBL Burglary with assault or battery.          
  470  810.02(2)(b)      1st,PBL Burglary; armed with explosives or dangerous weapon.
  471  810.02(2)(c)        1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  472  812.014(2)(a)2.     1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  473  812.13(2)(b)        1st   Robbery with a weapon.                     
  474  812.135(2)(c)       1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  475  817.535(2)(b)       2nd   Second or subsequent offense issuing or filing false document.
  476  817.535(3)(a)       2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  477  817.568(6)          2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  478  825.102(2)          1st   Aggravated abuse of an elderly person or disabled adult.
  479  825.1025(2)         2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  480  825.103(2)(a)       1st   Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  481  837.02(2)           2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  482  837.021(2)          2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  483  860.121(2)(c)       1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  484  860.16              1st   Aircraft piracy.                           
  485  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).
  486  893.13(2)(b)        1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  487  893.13(6)(c)        1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  488  893.135(1)(a)2.     1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  489  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  490  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  491  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  492  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  493  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  494  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  495  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  496  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  497  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  498  893.1351(3)         1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  499  895.03(1)           1st   Use or invest proceeds derived from pattern of racketeering activity.
  500  895.03(2)           1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  501  895.03(3)           1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  502  896.101(5)(b)       2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  503  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.
  504         (i) LEVEL 9
  505  FloridaStatute    FelonyDegree               Description                
  506  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  507  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  508  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  509  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  510  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  511  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  512  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  513  775.0844             1st   Aggravated white collar crime.            
  514  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  515  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  516  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  517  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  518  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  519  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  520  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  521  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.
  522  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  523  787.06(3)(g)       1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
  524  787.06(4)            1st   Selling or buying of minors into human trafficking.
  525  790.161              1st   Attempted capital destructive device offense.
  526  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  527  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  528  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  529  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  530  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  531  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  532  796.035              1st   Selling or buying of minors into prostitution.
  533  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  534  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  535  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  536  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  537  817.535(3)(b)        1st   Second or subsequent offense issuing or filing false document; property owner is a public officer or employee.
  538  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.
  539  827.03(2)(a)         1st   Aggravated child abuse.                   
  540  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  541  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  542  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.
  543  893.135              1st   Attempted capital trafficking offense.    
  544  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  545  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  546  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  547  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  548  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  549  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  550  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  551  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  552  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  553  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  554  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  555  
  556         Section 4. This act shall take effect October 1, 2013.