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.