Florida Senate - 2014 CS for SB 360
By the Committee on Appropriations; and Senators Bradley and
Evers
576-01907-14 2014360c1
1 A bill to be entitled
2 An act relating to sentencing for controlled substance
3 violations; amending s. 893.135, F.S.; providing that
4 a person who knowingly sells, purchases, manufactures,
5 delivers, or brings into this state specified
6 quantities of hydrocodone or a mixture containing
7 hydrocodone or who is knowingly in actual or
8 constructive possession of specified quantities of
9 hydrocodone or a mixture containing hydrocodone
10 commits the offense of trafficking in hydrocodone;
11 providing criminal penalties; providing that a person
12 who knowingly sells, purchases, manufactures,
13 delivers, or brings into this state specified
14 quantities of oxycodone or a mixture containing
15 oxycodone or who is knowingly in actual or
16 constructive possession of specified quantities of
17 oxycodone or a mixture containing oxycodone commits
18 the offense of trafficking in oxycodone; providing
19 criminal penalties; amending s. 921.0022, F.S.;
20 ranking the offenses of trafficking in hydrocodone and
21 trafficking in oxycodone for purposes of the criminal
22 punishment code; reenacting s. 775.087(2)(a) and
23 (3)(a), F.S., relating to mandatory minimum sentences
24 for the possession or use of a weapon during the
25 commission of certain offenses, to incorporate the
26 amendments made to s. 893.135, F.S., in a reference
27 thereto; reenacting s. 782.04(1)(a), (3), and (4),
28 F.S., relating to the classification of a murder
29 committed during the commission of certain offenses,
30 to incorporate the amendments made to s. 893.135,
31 F.S., in a reference thereto; providing an effective
32 date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Paragraph (c) of subsection (1) of section
37 893.135, Florida Statutes, is amended to read:
38 893.135 Trafficking; mandatory sentences; suspension or
39 reduction of sentences; conspiracy to engage in trafficking.—
40 (1) Except as authorized in this chapter or in chapter 499
41 and notwithstanding the provisions of s. 893.13:
42 (c)1. A Any person who knowingly sells, purchases,
43 manufactures, delivers, or brings into this state, or who is
44 knowingly in actual or constructive possession of, 4 grams or
45 more of any morphine, opium, oxycodone, hydrocodone,
46 hydromorphone, or any salt, derivative, isomer, or salt of an
47 isomer thereof, including heroin, as described in s.
48 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
49 of any mixture containing any such substance, but less than 30
50 kilograms of such substance or mixture, commits a felony of the
51 first degree, which felony shall be known as “trafficking in
52 illegal drugs,” punishable as provided in s. 775.082, s.
53 775.083, or s. 775.084. If the quantity involved:
54 a. Is 4 grams or more, but less than 14 grams, such person
55 shall be sentenced to a mandatory minimum term of imprisonment
56 of 3 years, and the defendant shall be ordered to pay a fine of
57 $50,000.
58 b. Is 14 grams or more, but less than 28 grams, such person
59 shall be sentenced to a mandatory minimum term of imprisonment
60 of 15 years, and the defendant shall be ordered to pay a fine of
61 $100,000.
62 c. Is 28 grams or more, but less than 30 kilograms, such
63 person shall be sentenced to a mandatory minimum term of
64 imprisonment of 25 calendar years and shall be ordered to pay a
65 fine of $500,000.
66 2. A person who knowingly sells, purchases, manufactures,
67 delivers, or brings into this state, or who is knowingly in
68 actual or constructive possession of, 14 grams or more of
69 hydrocodone, or 14 grams or more of any mixture containing any
70 such substance, commits a felony of the first degree, which
71 felony shall be known as “trafficking in hydrocodone,”
72 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
73 If the quantity involved:
74 a. Is 14 grams or more, but less than 28 grams, such person
75 shall be sentenced to a mandatory minimum term of imprisonment
76 of 3 years and shall be ordered to pay a fine of $50,000.
77 b. Is 28 grams or more, but less than 50 grams, such person
78 shall be sentenced to a mandatory minimum term of imprisonment
79 of 7 years and shall be ordered to pay a fine of $100,000.
80 c. Is 50 grams or more, but less than 200 grams, such
81 person shall be sentenced to a mandatory minimum term of
82 imprisonment of 15 years and shall be ordered to pay a fine of
83 $500,000.
84 d. Is 200 grams or more, but less than 30 kilograms, such
85 person shall be sentenced to a mandatory minimum term of
86 imprisonment of 25 years and shall be ordered to pay a fine of
87 $750,000.
88 3. A person who knowingly sells, purchases, manufactures,
89 delivers, or brings into this state, or who is knowingly in
90 actual or constructive possession of, 7 grams or more of
91 oxycodone, or 7 grams or more of any mixture containing any such
92 substance, commits a felony of the first degree, which felony
93 shall be known as “trafficking in oxycodone,” punishable as
94 provided in s. 775.082, s. 775.083, or s. 775.084. If the
95 quantity involved:
96 a. Is 7 grams or more, but less than 14 grams, such person
97 shall be sentenced to a mandatory minimum term of imprisonment
98 of 3 years and shall be ordered to pay a fine of $50,000.
99 b. Is 14 grams or more, but less than 25 grams, such person
100 shall be sentenced to a mandatory minimum term of imprisonment
101 of 7 years and shall be ordered to pay a fine of $100,000.
102 c. Is 25 grams or more, but less than 100 grams, such
103 person shall be sentenced to a mandatory minimum term of
104 imprisonment of 15 years and shall be ordered to pay a fine of
105 $500,000.
106 d. Is 100 grams or more, but less than 30 kilograms, such
107 person shall be sentenced to a mandatory minimum term of
108 imprisonment of 25 years and shall be ordered to pay a fine of
109 $750,000.
110 4.2. A Any person who knowingly sells, purchases,
111 manufactures, delivers, or brings into this state, or who is
112 knowingly in actual or constructive possession of, 30 kilograms
113 or more of any morphine, opium, oxycodone, hydrocodone,
114 hydromorphone, or any salt, derivative, isomer, or salt of an
115 isomer thereof, including heroin, as described in s.
116 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
117 more of any mixture containing any such substance, commits the
118 first degree felony of trafficking in illegal drugs. A person
119 who has been convicted of the first degree felony of trafficking
120 in illegal drugs under this subparagraph shall be punished by
121 life imprisonment and is ineligible for any form of
122 discretionary early release except pardon or executive clemency
123 or conditional medical release under s. 947.149. However, if the
124 court determines that, in addition to committing any act
125 specified in this paragraph:
126 a. The person intentionally killed an individual or
127 counseled, commanded, induced, procured, or caused the
128 intentional killing of an individual and such killing was the
129 result; or
130 b. The person’s conduct in committing that act led to a
131 natural, though not inevitable, lethal result,
132
133 such person commits the capital felony of trafficking in illegal
134 drugs, punishable as provided in ss. 775.082 and 921.142. A Any
135 person sentenced for a capital felony under this paragraph shall
136 also be sentenced to pay the maximum fine provided under
137 subparagraph 1.
138 5.3. A Any person who knowingly brings into this state 60
139 kilograms or more of any morphine, opium, oxycodone,
140 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
141 salt of an isomer thereof, including heroin, as described in s.
142 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
143 more of any mixture containing any such substance, and who knows
144 that the probable result of such importation would be the death
145 of a any person, commits capital importation of illegal drugs, a
146 capital felony punishable as provided in ss. 775.082 and
147 921.142. A Any person sentenced for a capital felony under this
148 paragraph shall also be sentenced to pay the maximum fine
149 provided under subparagraph 1.
150 Section 2. Paragraphs (g) through (i) of subsection (3) of
151 section 921.0022, Florida Statutes, are amended to read:
152 921.0022 Criminal Punishment Code; offense severity ranking
153 chart.—
154 (3) OFFENSE SEVERITY RANKING CHART
155 (g) LEVEL 7
156
157 FloridaStatute FelonyDegree Description
158 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
159 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
160 316.1935(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.
161 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
162 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
163 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
164 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
165 456.065(2) 3rd Practicing a health care profession without a license.
166 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
167 458.327(1) 3rd Practicing medicine without a license.
168 459.013(1) 3rd Practicing osteopathic medicine without a license.
169 460.411(1) 3rd Practicing chiropractic medicine without a license.
170 461.012(1) 3rd Practicing podiatric medicine without a license.
171 462.17 3rd Practicing naturopathy without a license.
172 463.015(1) 3rd Practicing optometry without a license.
173 464.016(1) 3rd Practicing nursing without a license.
174 465.015(2) 3rd Practicing pharmacy without a license.
175 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
176 467.201 3rd Practicing midwifery without a license.
177 468.366 3rd Delivering respiratory care services without a license.
178 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
179 483.901(9) 3rd Practicing medical physics without a license.
180 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
181 484.053 3rd Dispensing hearing aids without a license.
182 494.0018(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.
183 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
184 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
185 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
186 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
187 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
188 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
189 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
190 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
191 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
192 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
193 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
194 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
195 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
196 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
197 784.048(7) 3rd Aggravated stalking; violation of court order.
198 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
199 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
200 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
201 784.081(1) 1st Aggravated battery on specified official or employee.
202 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
203 784.083(1) 1st Aggravated battery on code inspector.
204 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
205 787.06(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.
206 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
207 790.16(1) 1st Discharge of a machine gun under specified circumstances.
208 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
209 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
210 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
211 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
212 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
213 794.08(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.
214 796.03 2nd Procuring any person under 16 years for prostitution.
215 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
216 800.04(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.
217 806.01(2) 2nd Maliciously damage structure by fire or explosive.
218 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
219 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
220 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
221 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
222 812.014(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.
223 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
224 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
225 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
226 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
227 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
228 812.131(2)(a) 2nd Robbery by sudden snatching.
229 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
230 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
231 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
232 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
233 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
234 817.2341 (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.
235 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
236 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
237 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
238 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
239 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
240 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
241 838.015 2nd Bribery.
242 838.016 2nd Unlawful compensation or reward for official behavior.
243 838.021(3)(a) 2nd Unlawful harm to a public servant.
244 838.22 2nd Bid tampering.
245 843.0855(2) 3rd Impersonation of a public officer or employee.
246 843.0855(3) 3rd Unlawful simulation of legal process.
247 843.0855(4) 3rd Intimidation of a public officer or employee.
248 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
249 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
250 872.06 2nd Abuse of a dead human body.
251 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
252 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
253 893.13(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.
254 893.13(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.
255 893.13(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).
256 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
257 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
258 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
259 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
260 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
261 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
262 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
263 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
264 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
265 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
266 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
267 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
268 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
269 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
270 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
271 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
272 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
273 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
274 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
275 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
276 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
277 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
278 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
279 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
280 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
281 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
282 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
283 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
284 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
285
286 (h) LEVEL 8
287
288 FloridaStatute FelonyDegree Description
289 316.193 (3)(c)3.a. 2nd DUI manslaughter.
290 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
291 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
292 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
293 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
294 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
295 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
296 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
297 777.03(2)(a) 1st Accessory after the fact, capital felony.
298 782.04(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.
299 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
300 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
301 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
302 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
303 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
304 787.06(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.
305 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
306 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
307 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
308 800.04(4) 2nd Lewd or lascivious battery.
309 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
310 810.02(2)(a) 1st,PBL Burglary with assault or battery.
311 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
312 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
313 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
314 812.13(2)(b) 1st Robbery with a weapon.
315 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
316 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
317 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
318 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
319 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
320 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
321 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
322 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
323 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
324 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
325 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
326 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
327 860.16 1st Aircraft piracy.
328 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
329 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
330 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
331 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
332 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
333 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
334 893.135(1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
335 893.135(1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
336 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
337 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
338 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
339 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
340 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
341 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
342 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
343 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
344 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
345 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
346 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
347 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
348 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
349
350 (i) LEVEL 9
351
352 FloridaStatute FelonyDegree Description
353 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
354 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
355 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
356 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
357 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
358 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
359 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
360 775.0844 1st Aggravated white collar crime.
361 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
362 782.04(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.
363 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
364 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
365 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
366 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
367 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
368 787.02(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.
369 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
370 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
371 787.06(4) 1st Selling or buying of minors into human trafficking.
372 790.161 1st Attempted capital destructive device offense.
373 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
374 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
375 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
376 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
377 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
378 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
379 796.035 1st Selling or buying of minors into prostitution.
380 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
381 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
382 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
383 812.135(2)(b) 1st Home-invasion robbery with weapon.
384 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
385 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
386 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
387 817.568(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.
388 827.03(2)(a) 1st Aggravated child abuse.
389 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
390 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
391 859.01 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.
392 893.135 1st Attempted capital trafficking offense.
393 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
394 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
395 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
396 893.135(1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
397 893.135(1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
398 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
399 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
400 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
401 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
402 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
403 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
404 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
405 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
406
407 Section 3. For the purpose of incorporating the amendment
408 made by this act to section 893.135, Florida Statutes, in a
409 reference thereto, paragraph (a) of subsection (2) and paragraph
410 (a) of subsection (3) of section 775.087, Florida Statutes, are
411 reenacted to read:
412 775.087 Possession or use of weapon; aggravated battery;
413 felony reclassification; minimum sentence.—
414 (2)(a)1. Any person who is convicted of a felony or an
415 attempt to commit a felony, regardless of whether the use of a
416 weapon is an element of the felony, and the conviction was for:
417 a. Murder;
418 b. Sexual battery;
419 c. Robbery;
420 d. Burglary;
421 e. Arson;
422 f. Aggravated assault;
423 g. Aggravated battery;
424 h. Kidnapping;
425 i. Escape;
426 j. Aircraft piracy;
427 k. Aggravated child abuse;
428 l. Aggravated abuse of an elderly person or disabled adult;
429 m. Unlawful throwing, placing, or discharging of a
430 destructive device or bomb;
431 n. Carjacking;
432 o. Home-invasion robbery;
433 p. Aggravated stalking;
434 q. Trafficking in cannabis, trafficking in cocaine, capital
435 importation of cocaine, trafficking in illegal drugs, capital
436 importation of illegal drugs, trafficking in phencyclidine,
437 capital importation of phencyclidine, trafficking in
438 methaqualone, capital importation of methaqualone, trafficking
439 in amphetamine, capital importation of amphetamine, trafficking
440 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
441 (GHB), trafficking in 1,4-Butanediol, trafficking in
442 Phenethylamines, or other violation of s. 893.135(1); or
443 r. Possession of a firearm by a felon
444
445 and during the commission of the offense, such person actually
446 possessed a “firearm” or “destructive device” as those terms are
447 defined in s. 790.001, shall be sentenced to a minimum term of
448 imprisonment of 10 years, except that a person who is convicted
449 for aggravated assault, possession of a firearm by a felon, or
450 burglary of a conveyance shall be sentenced to a minimum term of
451 imprisonment of 3 years if such person possessed a “firearm” or
452 “destructive device” during the commission of the offense.
453 However, if an offender who is convicted of the offense of
454 possession of a firearm by a felon has a previous conviction of
455 committing or attempting to commit a felony listed in s.
456 775.084(1)(b)1. and actually possessed a firearm or destructive
457 device during the commission of the prior felony, the offender
458 shall be sentenced to a minimum term of imprisonment of 10
459 years.
460 2. Any person who is convicted of a felony or an attempt to
461 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
462 regardless of whether the use of a weapon is an element of the
463 felony, and during the course of the commission of the felony
464 such person discharged a “firearm” or “destructive device” as
465 defined in s. 790.001 shall be sentenced to a minimum term of
466 imprisonment of 20 years.
467 3. Any person who is convicted of a felony or an attempt to
468 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
469 regardless of whether the use of a weapon is an element of the
470 felony, and during the course of the commission of the felony
471 such person discharged a “firearm” or “destructive device” as
472 defined in s. 790.001 and, as the result of the discharge, death
473 or great bodily harm was inflicted upon any person, the
474 convicted person shall be sentenced to a minimum term of
475 imprisonment of not less than 25 years and not more than a term
476 of imprisonment of life in prison.
477 (3)(a)1. Any person who is convicted of a felony or an
478 attempt to commit a felony, regardless of whether the use of a
479 firearm is an element of the felony, and the conviction was for:
480 a. Murder;
481 b. Sexual battery;
482 c. Robbery;
483 d. Burglary;
484 e. Arson;
485 f. Aggravated assault;
486 g. Aggravated battery;
487 h. Kidnapping;
488 i. Escape;
489 j. Sale, manufacture, delivery, or intent to sell,
490 manufacture, or deliver any controlled substance;
491 k. Aircraft piracy;
492 l. Aggravated child abuse;
493 m. Aggravated abuse of an elderly person or disabled adult;
494 n. Unlawful throwing, placing, or discharging of a
495 destructive device or bomb;
496 o. Carjacking;
497 p. Home-invasion robbery;
498 q. Aggravated stalking; or
499 r. Trafficking in cannabis, trafficking in cocaine, capital
500 importation of cocaine, trafficking in illegal drugs, capital
501 importation of illegal drugs, trafficking in phencyclidine,
502 capital importation of phencyclidine, trafficking in
503 methaqualone, capital importation of methaqualone, trafficking
504 in amphetamine, capital importation of amphetamine, trafficking
505 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
506 (GHB), trafficking in 1,4-Butanediol, trafficking in
507 Phenethylamines, or other violation of s. 893.135(1);
508
509 and during the commission of the offense, such person possessed
510 a semiautomatic firearm and its high-capacity detachable box
511 magazine or a machine gun as defined in s. 790.001, shall be
512 sentenced to a minimum term of imprisonment of 15 years.
513 2. Any person who is convicted of a felony or an attempt to
514 commit a felony listed in subparagraph (a)1., regardless of
515 whether the use of a weapon is an element of the felony, and
516 during the course of the commission of the felony such person
517 discharged a semiautomatic firearm and its high-capacity box
518 magazine or a “machine gun” as defined in s. 790.001 shall be
519 sentenced to a minimum term of imprisonment of 20 years.
520 3. Any person who is convicted of a felony or an attempt to
521 commit a felony listed in subparagraph (a)1., regardless of
522 whether the use of a weapon is an element of the felony, and
523 during the course of the commission of the felony such person
524 discharged a semiautomatic firearm and its high-capacity box
525 magazine or a “machine gun” as defined in s. 790.001 and, as the
526 result of the discharge, death or great bodily harm was
527 inflicted upon any person, the convicted person shall be
528 sentenced to a minimum term of imprisonment of not less than 25
529 years and not more than a term of imprisonment of life in
530 prison.
531 Section 4. For the purpose of incorporating the amendment
532 made by this act to section 893.135, Florida Statutes, in a
533 reference thereto, paragraph (a) of subsection (1) and
534 subsections (3) and (4) of section 782.04, Florida Statutes, are
535 reenacted to read:
536 782.04 Murder.—
537 (1)(a) The unlawful killing of a human being:
538 1. When perpetrated from a premeditated design to effect
539 the death of the person killed or any human being;
540 2. When committed by a person engaged in the perpetration
541 of, or in the attempt to perpetrate, any:
542 a. Trafficking offense prohibited by s. 893.135(1),
543 b. Arson,
544 c. Sexual battery,
545 d. Robbery,
546 e. Burglary,
547 f. Kidnapping,
548 g. Escape,
549 h. Aggravated child abuse,
550 i. Aggravated abuse of an elderly person or disabled adult,
551 j. Aircraft piracy,
552 k. Unlawful throwing, placing, or discharging of a
553 destructive device or bomb,
554 l. Carjacking,
555 m. Home-invasion robbery,
556 n. Aggravated stalking,
557 o. Murder of another human being,
558 p. Resisting an officer with violence to his or her person,
559 q. Aggravated fleeing or eluding with serious bodily injury
560 or death,
561 r. Felony that is an act of terrorism or is in furtherance
562 of an act of terrorism; or
563 3. Which resulted from the unlawful distribution of any
564 substance controlled under s. 893.03(1), cocaine as described in
565 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
566 compound, derivative, or preparation of opium, or methadone by a
567 person 18 years of age or older, when such drug is proven to be
568 the proximate cause of the death of the user,
569
570 is murder in the first degree and constitutes a capital felony,
571 punishable as provided in s. 775.082.
572 (3) When a human being is killed during the perpetration
573 of, or during the attempt to perpetrate, any:
574 (a) Trafficking offense prohibited by s. 893.135(1),
575 (b) Arson,
576 (c) Sexual battery,
577 (d) Robbery,
578 (e) Burglary,
579 (f) Kidnapping,
580 (g) Escape,
581 (h) Aggravated child abuse,
582 (i) Aggravated abuse of an elderly person or disabled
583 adult,
584 (j) Aircraft piracy,
585 (k) Unlawful throwing, placing, or discharging of a
586 destructive device or bomb,
587 (l) Carjacking,
588 (m) Home-invasion robbery,
589 (n) Aggravated stalking,
590 (o) Murder of another human being,
591 (p) Aggravated fleeing or eluding with serious bodily
592 injury or death,
593 (q) Resisting an officer with violence to his or her
594 person, or
595 (r) Felony that is an act of terrorism or is in furtherance
596 of an act of terrorism,
597
598 by a person other than the person engaged in the perpetration of
599 or in the attempt to perpetrate such felony, the person
600 perpetrating or attempting to perpetrate such felony commits
601 murder in the second degree, which constitutes a felony of the
602 first degree, punishable by imprisonment for a term of years not
603 exceeding life or as provided in s. 775.082, s. 775.083, or s.
604 775.084.
605 (4) The unlawful killing of a human being, when perpetrated
606 without any design to effect death, by a person engaged in the
607 perpetration of, or in the attempt to perpetrate, any felony
608 other than any:
609 (a) Trafficking offense prohibited by s. 893.135(1),
610 (b) Arson,
611 (c) Sexual battery,
612 (d) Robbery,
613 (e) Burglary,
614 (f) Kidnapping,
615 (g) Escape,
616 (h) Aggravated child abuse,
617 (i) Aggravated abuse of an elderly person or disabled
618 adult,
619 (j) Aircraft piracy,
620 (k) Unlawful throwing, placing, or discharging of a
621 destructive device or bomb,
622 (l) Unlawful distribution of any substance controlled under
623 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
624 opium or any synthetic or natural salt, compound, derivative, or
625 preparation of opium by a person 18 years of age or older, when
626 such drug is proven to be the proximate cause of the death of
627 the user,
628 (m) Carjacking,
629 (n) Home-invasion robbery,
630 (o) Aggravated stalking,
631 (p) Murder of another human being,
632 (q) Aggravated fleeing or eluding with serious bodily
633 injury or death,
634 (r) Resisting an officer with violence to his or her
635 person, or
636 (s) Felony that is an act of terrorism or is in furtherance
637 of an act of terrorism,
638
639 is murder in the third degree and constitutes a felony of the
640 second degree, punishable as provided in s. 775.082, s. 775.083,
641 or s. 775.084.
642 Section 5. This act shall take effect July 1, 2014.