Florida Senate - 2014 SB 588
By Senator Richter
23-00874-14 2014588__
1 A bill to be entitled
2 An act relating to offenses against vulnerable
3 persons; amending s. 90.803, F.S.; revising when an
4 out-of-court statement by an elderly person or
5 disabled adult is admissible in certain proceedings;
6 amending s. 825.101, F.S.; revising and deleting
7 definitions; amending s. 825.103, F.S.; deleting a
8 requirement that property of an elderly person or
9 disabled adult be obtained by deception or
10 intimidation in order to constitute exploitation of
11 such a person; specifying additional circumstances
12 that constitute a breach of a fiduciary duty;
13 specifying when an unlawful appropriation occurs;
14 creating a presumption that certain inter vivos
15 transfers are a result of exploitation; providing
16 exceptions; providing for jury instructions concerning
17 the presumption; revising the valuation of funds,
18 assets, or property involved for various degrees of
19 offenses of exploitation of an elderly person or
20 disabled adult; providing for return of property
21 seized from a defendant to the victim before trial in
22 certain circumstances; amending ss. 775.0844 and
23 921.0022, F.S.; conforming provisions to changes made
24 by the act; reenacting s. 772.11(1), F.S., relating to
25 a civil remedy for theft or exploitation, to
26 incorporate the amendments made by the act to s.
27 825.103, F.S., in a reference thereto; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Paragraph (a) of subsection (24) of section
33 90.803, Florida Statutes, is amended to read:
34 90.803 Hearsay exceptions; availability of declarant
35 immaterial.—The provision of s. 90.802 to the contrary
36 notwithstanding, the following are not inadmissible as evidence,
37 even though the declarant is available as a witness:
38 (24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR
39 DISABLED ADULT.—
40 (a) Unless the source of information or the method or
41 circumstances by which the statement is reported indicates a
42 lack of trustworthiness, an out-of-court statement made by an
43 elderly person or disabled adult, as defined in s. 825.101,
44 describing any act of abuse or neglect, any act of exploitation,
45 the offense of battery or aggravated battery or assault or
46 aggravated assault or sexual battery, or any other violent act
47 on the declarant elderly person or disabled adult, not otherwise
48 admissible, is admissible in evidence in any civil or criminal
49 proceeding if:
50 1. The court finds in a hearing conducted outside the
51 presence of the jury that the time, content, and circumstances
52 of the statement provide sufficient safeguards of reliability.
53 In making its determination, the court may consider the mental
54 and physical age and maturity of the elderly person or disabled
55 adult, the nature and duration of the abuse or offense, the
56 relationship of the victim to the offender, the reliability of
57 the assertion, the reliability of the elderly person or disabled
58 adult, and any other factor deemed appropriate; and
59 2. The elderly person or disabled adult either:
60 a. Testifies; or
61 b. is unavailable as a witness, provided that there is
62 corroborative evidence of the abuse or offense. Unavailability
63 shall include a finding by the court that the elderly person’s
64 or disabled adult’s participation in the trial or proceeding
65 would result in a substantial likelihood of severe emotional,
66 mental, or physical harm, in addition to findings pursuant to s.
67 90.804(1).
68 Section 2. Subsections (2), (3), and (8) of section
69 825.101, Florida Statutes, are amended to read:
70 825.101 Definitions.—As used in this chapter:
71 (2) “Caregiver” means a person who has been entrusted with
72 or has assumed responsibility for the care or the property of an
73 elderly person or disabled adult. “Caregiver” includes, but is
74 not limited to, relatives, court-appointed or voluntary
75 guardians, adult household members, neighbors, health care
76 providers, and employees and volunteers of facilities as defined
77 in subsection (6) (7).
78 (3) “Deception” means:
79 (a) Misrepresenting or concealing a material fact relating
80 to:
81 1. Services rendered, disposition of property, or use of
82 property, when such services or property are intended to benefit
83 an elderly person or disabled adult;
84 2. Terms of a contract or agreement entered into with an
85 elderly person or disabled adult; or
86 3. An existing or preexisting condition of any property
87 involved in a contract or agreement entered into with an elderly
88 person or disabled adult; or
89 (b) Using any misrepresentation, false pretense, or false
90 promise in order to induce, encourage, or solicit an elderly
91 person or disabled adult to enter into a contract or agreement.
92 (8) “Intimidation” means the communication by word or act
93 to an elderly person or disabled adult that the elderly person
94 or disabled adult will be deprived of food, nutrition, clothing,
95 shelter, supervision, medicine, medical services, money, or
96 financial support or will suffer physical violence.
97 Section 3. Section 825.103, Florida Statutes, is amended to
98 read:
99 825.103 Exploitation of an elderly person or disabled
100 adult; penalties.—
101 (1) “Exploitation of an elderly person or disabled adult”
102 means:
103 (a) Knowingly, by deception or intimidation, obtaining or
104 using, or endeavoring to obtain or use, an elderly person’s or
105 disabled adult’s funds, assets, or property with the intent to
106 temporarily or permanently deprive the elderly person or
107 disabled adult of the use, benefit, or possession of the funds,
108 assets, or property, or to benefit someone other than the
109 elderly person or disabled adult, by a person who:
110 1. Stands in a position of trust and confidence with the
111 elderly person or disabled adult; or
112 2. Has a business relationship with the elderly person or
113 disabled adult;
114 (b) Obtaining or using, endeavoring to obtain or use, or
115 conspiring with another to obtain or use an elderly person’s or
116 disabled adult’s funds, assets, or property with the intent to
117 temporarily or permanently deprive the elderly person or
118 disabled adult of the use, benefit, or possession of the funds,
119 assets, or property, or to benefit someone other than the
120 elderly person or disabled adult, by a person who knows or
121 reasonably should know that the elderly person or disabled adult
122 lacks the capacity to consent; or
123 (c) Breach of a fiduciary duty to an elderly person or
124 disabled adult by the person’s guardian or agent under a power
125 of attorney which results in an unauthorized appropriation,
126 sale, or transfer of property. An unlawful appropriation under
127 this paragraph occurs when the elderly person or disabled adult
128 does not receive reciprocal financial value in goods or
129 services, or the following persons violate any of these duties:
130 1. For agents appointed under chapter 709:
131 a. Committing fraud in obtaining their appointments;
132 b. Abusing their powers;
133 c. Wasting, embezzling, or intentionally mismanaging the
134 assets of the ward or beneficiary of the trust; or
135 d. Acting contrary to the principal’s sole benefit or best
136 interest.
137 2. For guardians and trustees appointed under chapter 736
138 or chapter 744:
139 a. Committing fraud in obtaining their appointments;
140 b. Abusing their powers; or
141 c. Wasting, embezzling, or intentionally mismanaging the
142 assets of the ward or beneficiary of the trust.
143 (d) Misappropriating, misusing, or unauthorized
144 transferring of moneys belonging to an elderly person or
145 disabled adult from a personal or joint account in which the
146 elderly person or disabled adult placed the funds, owned the
147 funds, and was the sole contributor or payee of the funds before
148 the misappropriation, misuse, or unauthorized transfer.
149 (e) Intentionally or negligently failing to effectively use
150 an elderly person’s or disabled adult’s income and assets for
151 the necessities required for that person’s support and
152 maintenance, by a caregiver or a person who stands in a position
153 of trust and confidence with the elderly person or disabled
154 adult.
155 (2) An inter vivos transfer of money or property valued in
156 excess of $10,000 at the time of the transfer, whether in a
157 single transaction or multiple transactions, by a person age 65
158 or older to a nonrelative whom the transferor knew for fewer
159 than 2 years before the first transfer and for which the
160 transferor did not receive reciprocal value in goods or services
161 creates a permissive presumption that the transfer was the
162 result of exploitation.
163 (a) This subsection applies regardless of whether the
164 transfer or transfers are denoted by the parties as a gift or
165 loan, except that it does not apply to a valid loan evidenced in
166 writing that includes definite repayment dates. However, if
167 repayment of any such loan is in default, in whole or in part,
168 for more than 65 days, the presumption of this subsection
169 applies.
170 (b) This subsection does not apply to:
171 1. Persons who are in the business of making loans.
172 2. Bona fide charitable donations to nonprofit
173 organizations that qualify for tax-exempt status under the
174 Internal Revenue Code.
175 (c) In a criminal case to which this subsection applies, if
176 the trial is by jury, jurors shall be instructed that they may,
177 but are not required to, draw an inference of exploitation upon
178 proof beyond a reasonable doubt of the facts listed in this
179 subsection. They shall also be instructed that in no event may
180 they find a defendant guilty unless they are persuaded that each
181 element of the offense has been proved beyond a reasonable
182 doubt. The presumption of this subsection does not impose a
183 burden of proof on the defendant.
184 (3)(2)(a) If the funds, assets, or property involved in the
185 exploitation of the elderly person or disabled adult is valued
186 at $50,000 $100,000 or more, the offender commits a felony of
187 the first degree, punishable as provided in s. 775.082, s.
188 775.083, or s. 775.084.
189 (b) If the funds, assets, or property involved in the
190 exploitation of the elderly person or disabled adult is valued
191 at $10,000 $20,000 or more, but less than $50,000 $100,000, the
192 offender commits a felony of the second degree, punishable as
193 provided in s. 775.082, s. 775.083, or s. 775.084.
194 (c) If the funds, assets, or property involved in the
195 exploitation of an elderly person or disabled adult is valued at
196 less than $10,000 $20,000, the offender commits a felony of the
197 third degree, punishable as provided in s. 775.082, s. 775.083,
198 or s. 775.084.
199 (4) If a person is charged with financial exploitation of
200 an elderly person or disabled adult that involves the taking of
201 or loss of property valued at more than $5,000 and property
202 belonging to a victim is seized from the defendant pursuant to a
203 search warrant, the court shall hold an evidentiary hearing and
204 determine, by a preponderance of the evidence, whether the
205 defendant unlawfully obtained the victim’s property. If the
206 court finds that the property was unlawfully obtained, the court
207 may order it returned to the victim for restitution purposes
208 before trial on the charge. This determination is inadmissible
209 in evidence at trial on the charge and does not give rise to any
210 inference that the defendant has committed an offense under this
211 section.
212 Section 4. Subsection (5) of section 775.0844, Florida
213 Statutes, is amended to read:
214 775.0844 White Collar Crime Victim Protection Act.—
215 (5) Any person who commits an aggravated white collar crime
216 as defined in this section and in so doing either:
217 (a) Victimizes 10 or more elderly persons, as defined in s.
218 825.101(5);
219 (b) Victimizes 20 or more persons, as defined in s. 1.01;
220 or
221 (c) Victimizes the State of Florida, any state agency, any
222 of the state’s political subdivisions, or any agency of the
223 state’s political subdivisions,
224
225 and thereby obtains or attempts to obtain $50,000 or more,
226 commits a felony of the first degree, punishable as provided in
227 s. 775.082, s. 775.083, or s. 775.084.
228 Section 5. Paragraphs (f), (g), and (h) of subsection (3)
229 of section 921.0022, Florida Statutes, are amended to read:
230 921.0022 Criminal Punishment Code; offense severity ranking
231 chart.—
232 (3) OFFENSE SEVERITY RANKING CHART
233 (f) LEVEL 6
234
235 FloridaStatute FelonyDegree Description
236 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
237 499.0051(3) 2nd Knowing forgery of pedigree papers.
238 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
239 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
240 775.0875(1) 3rd Taking firearm from law enforcement officer.
241 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
242 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
243 784.041 3rd Felony battery; domestic battery by strangulation.
244 784.048(3) 3rd Aggravated stalking; credible threat.
245 784.048(5) 3rd Aggravated stalking of person under 16.
246 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
247 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
248 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
249 784.081(2) 2nd Aggravated assault on specified official or employee.
250 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
251 784.083(2) 2nd Aggravated assault on code inspector.
252 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
253 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
254 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
255 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
256 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
257 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
258 794.05(1) 2nd Unlawful sexual activity with specified minor.
259 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
260 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
261 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
262 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
263 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
264 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
265 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
266 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
267 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
268 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
269 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
270 825.102(1) 3rd Abuse of an elderly person or disabled adult.
271 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
272 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
273 825.103(3)(c) 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000 $20,000.
274 827.03(2)(c) 3rd Abuse of a child.
275 827.03(2)(d) 3rd Neglect of a child.
276 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
277 836.05 2nd Threats; extortion.
278 836.10 2nd Written threats to kill or do bodily injury.
279 843.12 3rd Aids or assists person to escape.
280 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
281 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
282 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
283 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
284 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
285 944.40 2nd Escapes.
286 944.46 3rd Harboring, concealing, aiding escaped prisoners.
287 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
288 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
289 (g) LEVEL 7
290
291 FloridaStatute FelonyDegree Description
292 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
293 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
294 316.1935(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.
295 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
296 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
297 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
298 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
299 456.065(2) 3rd Practicing a health care profession without a license.
300 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
301 458.327(1) 3rd Practicing medicine without a license.
302 459.013(1) 3rd Practicing osteopathic medicine without a license.
303 460.411(1) 3rd Practicing chiropractic medicine without a license.
304 461.012(1) 3rd Practicing podiatric medicine without a license.
305 462.17 3rd Practicing naturopathy without a license.
306 463.015(1) 3rd Practicing optometry without a license.
307 464.016(1) 3rd Practicing nursing without a license.
308 465.015(2) 3rd Practicing pharmacy without a license.
309 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
310 467.201 3rd Practicing midwifery without a license.
311 468.366 3rd Delivering respiratory care services without a license.
312 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
313 483.901(9) 3rd Practicing medical physics without a license.
314 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
315 484.053 3rd Dispensing hearing aids without a license.
316 494.0018(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.
317 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
318 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
319 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
320 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
321 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
322 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
323 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
324 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
325 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
326 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
327 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
328 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
329 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
330 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
331 784.048(7) 3rd Aggravated stalking; violation of court order.
332 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
333 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
334 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
335 784.081(1) 1st Aggravated battery on specified official or employee.
336 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
337 784.083(1) 1st Aggravated battery on code inspector.
338 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
339 787.06(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.
340 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
341 790.16(1) 1st Discharge of a machine gun under specified circumstances.
342 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
343 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
344 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
345 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
346 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
347 794.08(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.
348 796.03 2nd Procuring any person under 16 years for prostitution.
349 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
350 800.04(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.
351 806.01(2) 2nd Maliciously damage structure by fire or explosive.
352 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
353 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
354 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
355 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
356 812.014(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.
357 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
358 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
359 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
360 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
361 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
362 812.131(2)(a) 2nd Robbery by sudden snatching.
363 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
364 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
365 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
366 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
367 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
368 817.2341 (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.
369 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
370 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
371 825.103(3)(b) 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 $20,000 or more, but less than $50,000 $100,000.
372 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
373 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
374 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
375 838.015 2nd Bribery.
376 838.016 2nd Unlawful compensation or reward for official behavior.
377 838.021(3)(a) 2nd Unlawful harm to a public servant.
378 838.22 2nd Bid tampering.
379 843.0855(2) 3rd Impersonation of a public officer or employee.
380 843.0855(3) 3rd Unlawful simulation of legal process.
381 843.0855(4) 3rd Intimidation of a public officer or employee.
382 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
383 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
384 872.06 2nd Abuse of a dead human body.
385 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
386 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
387 893.13(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.
388 893.13(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.
389 893.13(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).
390 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
391 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
392 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
393 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
394 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
395 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
396 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
397 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
398 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
399 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
400 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
401 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
402 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
403 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
404 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
405 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
406 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
407 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
408 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
409 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
410 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
411 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
412 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
413 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
414 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
415 (h) LEVEL 8
416
417 FloridaStatute FelonyDegree Description
418 316.193 (3)(c)3.a. 2nd DUI manslaughter.
419 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
420 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
421 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
422 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
423 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
424 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
425 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
426 777.03(2)(a) 1st Accessory after the fact, capital felony.
427 782.04(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.
428 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
429 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
430 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
431 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
432 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
433 787.06(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.
434 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
435 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
436 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
437 800.04(4) 2nd Lewd or lascivious battery.
438 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
439 810.02(2)(a) 1st,PBL Burglary with assault or battery.
440 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
441 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
442 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
443 812.13(2)(b) 1st Robbery with a weapon.
444 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
445 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
446 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
447 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
448 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
449 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
450 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
451 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
452 825.103(3)(a) 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 $100,000 or more.
453 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
454 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
455 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
456 860.16 1st Aircraft piracy.
457 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
458 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
459 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
460 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
461 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
462 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
463 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
464 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
465 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
466 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
467 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
468 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
469 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
470 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
471 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
472 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
473 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
474 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
475 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
476 Section 6. For the purpose of incorporating the amendment
477 made by this act to section 825.103, Florida Statutes, in a
478 reference thereto, subsection (1) of section 772.11, Florida
479 Statutes, is reenacted to read:
480 772.11 Civil remedy for theft or exploitation.—
481 (1) Any person who proves by clear and convincing evidence
482 that he or she has been injured in any fashion by reason of any
483 violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of
484 action for threefold the actual damages sustained and, in any
485 such action, is entitled to minimum damages in the amount of
486 $200, and reasonable attorney’s fees and court costs in the
487 trial and appellate courts. Before filing an action for damages
488 under this section, the person claiming injury must make a
489 written demand for $200 or the treble damage amount of the
490 person liable for damages under this section. If the person to
491 whom a written demand is made complies with such demand within
492 30 days after receipt of the demand, that person shall be given
493 a written release from further civil liability for the specific
494 act of theft or exploitation by the person making the written
495 demand. Any person who has a cause of action under this section
496 may recover the damages allowed under this section from the
497 parents or legal guardian of any unemancipated minor who lives
498 with his or her parents or legal guardian and who is liable for
499 damages under this section. Punitive damages may not be awarded
500 under this section. The defendant is entitled to recover
501 reasonable attorney’s fees and court costs in the trial and
502 appellate courts upon a finding that the claimant raised a claim
503 that was without substantial fact or legal support. In awarding
504 attorney’s fees and costs under this section, the court may not
505 consider the ability of the opposing party to pay such fees and
506 costs. This section does not limit any right to recover
507 attorney’s fees or costs provided under any other law.
508 Section 7. This act shall take effect October 1, 2014.