Florida Senate - 2014 SB 780
By Senator Bradley
7-00662C-14 2014780__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.03, F.S.; adding to the list of Schedule I
4 controlled substances specified materials, compounds,
5 mixtures, or preparations that contain hallucinogenic
6 substances, or any of their salts, isomers, and salts
7 of isomers, if the existence of such salts, isomers,
8 and salts of isomers is possible within the specific
9 chemical designation; reenacting and amending s.
10 893.13(1)-(6), F.S., relating to prohibited acts and
11 penalties involving controlled substances, to
12 incorporate the amendment made to s. 893.03, F.S., in
13 a reference thereto; providing reduced penalties for
14 possession of 3 grams or less of specified controlled
15 substances; amending s. 893.135, F.S.; providing that
16 a person who knowingly sells, purchases, manufactures,
17 delivers, or brings into this state specified
18 quantities of 3,4-Methylenedioxymethcathinone, 3,4
19 Methylenedioxypyrovalerone (MDPV), or
20 Methylmethcathinone, or who is knowingly in actual or
21 constructive possession of specified quantities of
22 3,4-Methylenedioxymethcathinone, 3,4
23 Methylenedioxypyrovalerone (MDPV), or
24 Methylmethcathinone, commits the offense of
25 trafficking in Phenethylamines, a felony of the first
26 degree; providing that a person who knowingly sells,
27 purchases, manufactures, delivers, or brings into this
28 state specified quantities of 3,4
29 Methylenedioxymethcathinone, 3,4
30 Methylenedioxypyrovalerone (MDPV), or
31 Methylmethcathinone, or who is knowingly in actual or
32 constructive possession of specified quantities of
33 3,4-Methylenedioxymethcathinone, 3,4
34 Methylenedioxypyrovalerone (MDPV), or
35 Methylmethcathinone, commits the offense of capital
36 manufacture or importation of Phenethylamines, a
37 capital felony; providing criminal penalties;
38 reenacting s. 921.0022(3)(b), (c), (e), and (g)-(i),
39 F.S., relating to the Criminal Punishment Code, to
40 incorporate the amendment made to ss. 893.03 and
41 893.135, F.S., in a reference thereto; providing an
42 effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Paragraph (c) of subsection (1) of section
47 893.03, Florida Statutes, is amended to read:
48 893.03 Standards and schedules.—The substances enumerated
49 in this section are controlled by this chapter. The controlled
50 substances listed or to be listed in Schedules I, II, III, IV,
51 and V are included by whatever official, common, usual,
52 chemical, or trade name designated. The provisions of this
53 section shall not be construed to include within any of the
54 schedules contained in this section any excluded drugs listed
55 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
56 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
57 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
58 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
59 Anabolic Steroid Products.”
60 (1) SCHEDULE I.—A substance in Schedule I has a high
61 potential for abuse and has no currently accepted medical use in
62 treatment in the United States and in its use under medical
63 supervision does not meet accepted safety standards. The
64 following substances are controlled in Schedule I:
65 (c) Unless specifically excepted or unless listed in
66 another schedule, any material, compound, mixture, or
67 preparation that contains any quantity of the following
68 hallucinogenic substances or that contains any of their salts,
69 isomers, including optical, positional, or geometric isomers,
70 and salts of isomers, if the existence of such salts, isomers,
71 and salts of isomers is possible within the specific chemical
72 designation:
73 1. Alpha-ethyltryptamine.
74 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
75 methylaminorex).
76 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
77 4. 4-Bromo-2,5-dimethoxyamphetamine.
78 5. 4-Bromo-2,5-dimethoxyphenethylamine.
79 6. Bufotenine.
80 7. Cannabis.
81 8. Cathinone.
82 9. Diethyltryptamine.
83 10. 2,5-Dimethoxyamphetamine.
84 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
85 12. Dimethyltryptamine.
86 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
87 analog of phencyclidine).
88 14. N-Ethyl-3-piperidyl benzilate.
89 15. N-ethylamphetamine.
90 16. Fenethylline.
91 17. N-Hydroxy-3,4-methylenedioxyamphetamine.
92 18. Ibogaine.
93 19. Lysergic acid diethylamide (LSD).
94 20. Mescaline.
95 21. Methcathinone.
96 22. 5-Methoxy-3,4-methylenedioxyamphetamine.
97 23. 4-methoxyamphetamine.
98 24. 4-methoxymethamphetamine.
99 25. 4-Methyl-2,5-dimethoxyamphetamine.
100 26. 3,4-Methylenedioxy-N-ethylamphetamine.
101 27. 3,4-Methylenedioxyamphetamine.
102 28. N-Methyl-3-piperidyl benzilate.
103 29. N,N-dimethylamphetamine.
104 30. Parahexyl.
105 31. Peyote.
106 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine
107 analog of phencyclidine).
108 33. Psilocybin.
109 34. Psilocyn.
110 35. Salvia divinorum, except for any drug product approved
111 by the United States Food and Drug Administration which contains
112 Salvia divinorum or its isomers, esters, ethers, salts, and
113 salts of isomers, esters, and ethers, if the existence of such
114 isomers, esters, ethers, and salts is possible within the
115 specific chemical designation.
116 36. Salvinorin A, except for any drug product approved by
117 the United States Food and Drug Administration which contains
118 Salvinorin A or its isomers, esters, ethers, salts, and salts of
119 isomers, esters, and ethers, if the existence of such isomers,
120 esters, ethers, and salts is possible within the specific
121 chemical designation.
122 37. Tetrahydrocannabinols.
123 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
124 (Thiophene analog of phencyclidine).
125 39. 3,4,5-Trimethoxyamphetamine.
126 40. 3,4-Methylenedioxymethcathinone.
127 41. 3,4-Methylenedioxypyrovalerone (MDPV).
128 42. Methylmethcathinone.
129 43. Methoxymethcathinone.
130 44. Fluoromethcathinone.
131 45. Methylethcathinone.
132 46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
133 yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
134 homologue.
135 47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
136 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
137 also known as HU-210.
138 48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018.
139 49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073.
140 50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also
141 known as JWH-200.
142 51. BZP (Benzylpiperazine).
143 52. Fluorophenylpiperazine.
144 53. Methylphenylpiperazine.
145 54. Chlorophenylpiperazine.
146 55. Methoxyphenylpiperazine.
147 56. DBZP (1,4-dibenzylpiperazine).
148 57. TFMPP (3-Trifluoromethylphenylpiperazine).
149 58. MBDB (Methylbenzodioxolylbutanamine).
150 59. 5-Hydroxy-alpha-methyltryptamine.
151 60. 5-Hydroxy-N-methyltryptamine.
152 61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
153 62. 5-Methoxy-alpha-methyltryptamine.
154 63. Methyltryptamine.
155 64. 5-Methoxy-N,N-dimethyltryptamine.
156 65. 5-Methyl-N,N-dimethyltryptamine.
157 66. Tyramine (4-Hydroxyphenethylamine).
158 67. 5-Methoxy-N,N-Diisopropyltryptamine.
159 68. DiPT (N,N-Diisopropyltryptamine).
160 69. DPT (N,N-Dipropyltryptamine).
161 70. 4-Hydroxy-N,N-diisopropyltryptamine.
162 71. N,N-Diallyl-5-Methoxytryptamine.
163 72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
164 73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
165 74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
166 75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine).
167 76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
168 77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
169 78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
170 79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine).
171 80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
172 81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine).
173 82. Ethcathinone.
174 83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
175 84. Naphyrone (naphthylpyrovalerone).
176 85. N-N-Dimethyl-3,4-methylenedioxycathinone.
177 86. N-N-Diethyl-3,4-methylenedioxycathinone.
178 87. 3,4-methylenedioxy-propiophenone.
179 88. 2-Bromo-3,4-Methylenedioxypropiophenone.
180 89. 3,4-methylenedioxy-propiophenone-2-oxime.
181 90. N-Acetyl-3,4-methylenedioxycathinone.
182 91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
183 92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
184 93. Bromomethcathinone.
185 94. Buphedrone (alpha-methylamino-butyrophenone).
186 95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
187 96. Dimethylcathinone.
188 97. Dimethylmethcathinone.
189 98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine).
190 99. (MDPPP) 3,4-Methylenedioxy-alpha
191 pyrrolidinopropiophenone.
192 100. (MDPBP) 3,4-Methylenedioxy-alpha
193 pyrrolidinobutiophenone.
194 101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
195 102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
196 103. Benocyclidine (BCP) or
197 benzothiophenylcyclohexylpiperidine (BTCP).
198 104. Fluoromethylaminobutyrophenone (F-MABP).
199 105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
200 106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
201 107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
202 108. Methylethylaminobutyrophenone (Me-EABP).
203 109. Methylamino-butyrophenone (MABP).
204 110. Pyrrolidinopropiophenone (PPP).
205 111. Pyrrolidinobutiophenone (PBP).
206 112. Pyrrolidinovalerophenone (PVP).
207 113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
208 114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
209 115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
210 naphthalenylmethanone).
211 116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
212 yl)methanone).
213 117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
214 118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
215 yl)methanone).
216 119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3
217 yl)methanone).
218 120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
219 121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a
220 tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
221 122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
222 indole).
223 123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole).
224 124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
225 yl)ethanone).
226 125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
227 yl)methanone).
228 126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
229 yl)ethanone).
230 127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3
231 yl)ethanone).
232 128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole).
233 129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
234 130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
235 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
236 ol).
237 131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan
238 2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]
239 methanol).
240 132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
241 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
242 1,4-dione).
243 133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
244 yl)methanone).
245 134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)
246 undecanamide).
247 135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)
248 undecanamide).
249 136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
250 hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
251 137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
252 iodophenyl)methanone).
253 138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
254 (naphthalen-1-yl)methanone).
255 139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
256 yl)methanone).
257 140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2
258 methoxyphenylethanone).
259 141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
260 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
261 naphthalenylmethanone).
262 142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
263 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
264 naphthalenylmethanone).
265 143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
266 144. Fluoroamphetamine.
267 145. Fluoromethamphetamine.
268 146. Methoxetamine.
269 147. Methiopropamine.
270 148. 4-Methylbuphedrone (2-Methylamino-1-(4
271 methylphenyl)butan-1-one).
272 149. APB ((2-aminopropyl)benzofuran).
273 150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
274 151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
275 tetramethylcyclopropyl)methanone).
276 152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
277 tetramethylcyclopropyl)methanone).
278 153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
279 tetramethylcyclopropyl)methanone.
280 154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
281 indazole-3-carboxamide).
282 155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
283 piperidinyl)methyl]-1H-indol-3-yl]-methanone).
284 156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec
285 1-yl-1H-indole-3-carboxamide).
286 157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)-
287 cyclohexylcarbamate).
288 158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
289 cyclohexyl ester).
290 159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
291 benzoxazin-4-one).
292 160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
293 161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
294 162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
295 163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine).
296 164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
297 methoxyphenyl)methyl]-benzeneethanamine).
298 165. 3,4-Methylenedioxymethamphetamine (MDMA).
299 166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
300 carboxylic acid).
301 167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl)
302 1H-indole-3-carboxylic acid).
303 168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
304 indole-3-carboxylic acid).
305 169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5
306 fluoropentyl)-1H-indazole-3-carboxamide).
307 170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
308 pentyl-lH-indazole-3-carboxamide).
309 171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
310 (4-fluorobenzyl)-lH-indazole-3-carboxamide).
311 172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
312 1-pentyl-1H-indazole-3-carboxamide).
313 173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
314 yl)-1-(fluoropentyl)-1H-indole-3-carboxamide).
315 174. 25B-NBOMe (4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)
316 methyl]-benzeneethanamine).
317 175. 2C-C-NBOMe (4-chloro-2,5-dimethoxy-N-[(2-
318 methoxyphenyl)methyl]-benzeneethanamine).
319 Section 2. For the purpose of incorporating the amendment
320 made by this act to section 893.03, Florida Statutes, in
321 reference thereto, subsections (1) through (6) of section
322 893.13, Florida Statutes, are reenacted and amended to read:
323 893.13 Prohibited acts; penalties.—
324 (1)(a) Except as authorized by this chapter and chapter
325 499, a it is unlawful for any person may not to sell,
326 manufacture, or deliver, or possess with intent to sell,
327 manufacture, or deliver, a controlled substance. A Any person
328 who violates this provision with respect to:
329 1. A controlled substance named or described in s.
330 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
331 commits a felony of the second degree, punishable as provided in
332 s. 775.082, s. 775.083, or s. 775.084.
333 2. A controlled substance named or described in s.
334 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
335 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
336 the third degree, punishable as provided in s. 775.082, s.
337 775.083, or s. 775.084.
338 3. A controlled substance named or described in s.
339 893.03(5) commits a misdemeanor of the first degree, punishable
340 as provided in s. 775.082 or s. 775.083.
341 (b) Except as provided in this chapter, a person may not it
342 is unlawful to sell or deliver in excess of 10 grams of any
343 substance named or described in s. 893.03(1)(a) or (1)(b), or
344 any combination thereof, or any mixture containing any such
345 substance. A Any person who violates this paragraph commits a
346 felony of the first degree, punishable as provided in s.
347 775.082, s. 775.083, or s. 775.084.
348 (c) Except as authorized by this chapter, a it is unlawful
349 for any person may not to sell, manufacture, or deliver, or
350 possess with intent to sell, manufacture, or deliver, a
351 controlled substance in, on, or within 1,000 feet of the real
352 property comprising a child care facility as defined in s.
353 402.302 or a public or private elementary, middle, or secondary
354 school between the hours of 6 a.m. and 12 midnight, or at any
355 time in, on, or within 1,000 feet of real property comprising a
356 state, county, or municipal park, a community center, or a
357 publicly owned recreational facility. As used in For the
358 purposes of this paragraph, the term “community center” means a
359 facility operated by a nonprofit community-based organization
360 for the provision of recreational, social, or educational
361 services to the public. A Any person who violates this paragraph
362 with respect to:
363 1. A controlled substance named or described in s.
364 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
365 commits a felony of the first degree, punishable as provided in
366 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
367 sentenced to a minimum term of imprisonment of 3 calendar years
368 unless the offense was committed within 1,000 feet of the real
369 property comprising a child care facility as defined in s.
370 402.302.
371 2. A controlled substance named or described in s.
372 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
373 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
374 the second degree, punishable as provided in s. 775.082, s.
375 775.083, or s. 775.084.
376 3. Any other controlled substance, except as lawfully sold,
377 manufactured, or delivered, must be sentenced to pay a $500 fine
378 and to serve 100 hours of public service in addition to any
379 other penalty prescribed by law.
380
381 This paragraph does not apply to a child care facility unless
382 the owner or operator of the facility posts a sign that is not
383 less than 2 square feet in size with a word legend identifying
384 the facility as a licensed child care facility and that is
385 posted on the property of the child care facility in a
386 conspicuous place where the sign is reasonably visible to the
387 public.
388 (d) Except as authorized by this chapter, a it is unlawful
389 for any person may not to sell, manufacture, or deliver, or
390 possess with intent to sell, manufacture, or deliver, a
391 controlled substance in, on, or within 1,000 feet of the real
392 property comprising a public or private college, university, or
393 other postsecondary educational institution. A Any person who
394 violates this paragraph with respect to:
395 1. A controlled substance named or described in s.
396 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
397 commits a felony of the first degree, punishable as provided in
398 s. 775.082, s. 775.083, or s. 775.084.
399 2. A controlled substance named or described in s.
400 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
401 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
402 the second degree, punishable as provided in s. 775.082, s.
403 775.083, or s. 775.084.
404 3. Any other controlled substance, except as lawfully sold,
405 manufactured, or delivered, must be sentenced to pay a $500 fine
406 and to serve 100 hours of public service in addition to any
407 other penalty prescribed by law.
408 (e) Except as authorized by this chapter, a it is unlawful
409 for any person may not to sell, manufacture, or deliver, or
410 possess with intent to sell, manufacture, or deliver, a
411 controlled substance not authorized by law in, on, or within
412 1,000 feet of a physical place for worship at which a church or
413 religious organization regularly conducts religious services or
414 within 1,000 feet of a convenience business as defined in s.
415 812.171. A Any person who violates this paragraph with respect
416 to:
417 1. A controlled substance named or described in s.
418 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
419 commits a felony of the first degree, punishable as provided in
420 s. 775.082, s. 775.083, or s. 775.084.
421 2. A controlled substance named or described in s.
422 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
423 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
424 the second degree, punishable as provided in s. 775.082, s.
425 775.083, or s. 775.084.
426 3. Any other controlled substance, except as lawfully sold,
427 manufactured, or delivered, must be sentenced to pay a $500 fine
428 and to serve 100 hours of public service in addition to any
429 other penalty prescribed by law.
430 (f) Except as authorized by this chapter, a it is unlawful
431 for any person may not to sell, manufacture, or deliver, or
432 possess with intent to sell, manufacture, or deliver, a
433 controlled substance in, on, or within 1,000 feet of the real
434 property comprising a public housing facility at any time. As
435 used in For purposes of this section, the term “real property
436 comprising a public housing facility” means real property, as
437 defined in s. 421.03(12), of a public corporation created as a
438 housing authority pursuant to part I of chapter 421. A Any
439 person who violates this paragraph with respect to:
440 1. A controlled substance named or described in s.
441 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
442 commits a felony of the first degree, punishable as provided in
443 s. 775.082, s. 775.083, or s. 775.084.
444 2. A controlled substance named or described in s.
445 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
446 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
447 the second degree, punishable as provided in s. 775.082, s.
448 775.083, or s. 775.084.
449 3. Any other controlled substance, except as lawfully sold,
450 manufactured, or delivered, must be sentenced to pay a $500 fine
451 and to serve 100 hours of public service in addition to any
452 other penalty prescribed by law.
453 (g) Except as authorized by this chapter, a it is unlawful
454 for any person may not to manufacture methamphetamine or
455 phencyclidine, or possess any listed chemical as defined in s.
456 893.033 in violation of s. 893.149 and with intent to
457 manufacture methamphetamine or phencyclidine. If a any person
458 violates this paragraph and:
459 1. The commission or attempted commission of the crime
460 occurs in a structure or conveyance where any child younger than
461 under 16 years of age is present, the person commits a felony of
462 the first degree, punishable as provided in s. 775.082, s.
463 775.083, or s. 775.084. In addition, the defendant must be
464 sentenced to a minimum term of imprisonment of 5 calendar years.
465 2. The commission of the crime causes any child younger
466 than under 16 years of age to suffer great bodily harm, the
467 person commits a felony of the first degree, punishable as
468 provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
469 the defendant must be sentenced to a minimum term of
470 imprisonment of 10 calendar years.
471 (h) Except as authorized by this chapter, a it is unlawful
472 for any person may not to sell, manufacture, or deliver, or
473 possess with intent to sell, manufacture, or deliver, a
474 controlled substance in, on, or within 1,000 feet of the real
475 property comprising an assisted living facility, as that term is
476 used in chapter 429. A Any person who violates this paragraph
477 with respect to:
478 1. A controlled substance named or described in s.
479 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
480 commits a felony of the first degree, punishable as provided in
481 s. 775.082, s. 775.083, or s. 775.084.
482 2. A controlled substance named or described in s.
483 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
484 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
485 the second degree, punishable as provided in s. 775.082, s.
486 775.083, or s. 775.084.
487 (2)(a) Except as authorized by this chapter and chapter
488 499, a it is unlawful for any person may not to purchase, or
489 possess with intent to purchase, a controlled substance. A Any
490 person who violates this provision with respect to:
491 1. A controlled substance named or described in s.
492 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
493 commits a felony of the second degree, punishable as provided in
494 s. 775.082, s. 775.083, or s. 775.084.
495 2. A controlled substance named or described in s.
496 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
497 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
498 the third degree, punishable as provided in s. 775.082, s.
499 775.083, or s. 775.084.
500 3. A controlled substance named or described in s.
501 893.03(5) commits a misdemeanor of the first degree, punishable
502 as provided in s. 775.082 or s. 775.083.
503 (b) Except as provided in this chapter, a person may not it
504 is unlawful to purchase more than in excess of 10 grams of any
505 substance named or described in s. 893.03(1)(a) or (1)(b), or
506 any combination thereof, or any mixture containing any such
507 substance. A Any person who violates this paragraph commits a
508 felony of the first degree, punishable as provided in s.
509 775.082, s. 775.083, or s. 775.084.
510 (3) A Any person who delivers, without consideration, not
511 more than 20 grams or less of cannabis, as defined in this
512 chapter, commits a misdemeanor of the first degree, punishable
513 as provided in s. 775.082 or s. 775.083. As used in For the
514 purposes of this paragraph, the term “cannabis” does not include
515 the resin extracted from the plants of the genus Cannabis or any
516 compound manufacture, salt, derivative, mixture, or preparation
517 of such resin.
518 (4) Except as authorized by this chapter, a it is unlawful
519 for any person 18 years of age or older may not to deliver any
520 controlled substance to a person younger than under the age of
521 18 years of age, or to use or hire a person younger than under
522 the age of 18 years of age as an agent or employee in the sale
523 or delivery of such a substance, or to use such person to assist
524 in avoiding detection or apprehension for a violation of this
525 chapter. A Any person who violates this provision with respect
526 to:
527 (a) A controlled substance named or described in s.
528 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
529 commits a felony of the first degree, punishable as provided in
530 s. 775.082, s. 775.083, or s. 775.084.
531 (b) A controlled substance named or described in s.
532 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
533 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
534 the second degree, punishable as provided in s. 775.082, s.
535 775.083, or s. 775.084.
536
537 Imposition of sentence may not be suspended or deferred, and nor
538 shall the person so convicted may not be placed on probation.
539 (5) A It is unlawful for any person may not to bring into
540 this state any controlled substance unless the possession of
541 such controlled substance is authorized by this chapter or
542 unless such person is licensed to do so by the appropriate
543 federal agency. A Any person who violates this provision with
544 respect to:
545 (a) A controlled substance named or described in s.
546 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
547 commits a felony of the second degree, punishable as provided in
548 s. 775.082, s. 775.083, or s. 775.084.
549 (b) A controlled substance named or described in s.
550 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
551 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
552 the third degree, punishable as provided in s. 775.082, s.
553 775.083, or s. 775.084.
554 (c) A controlled substance named or described in s.
555 893.03(5) commits a misdemeanor of the first degree, punishable
556 as provided in s. 775.082 or s. 775.083.
557 (6)(a) A It is unlawful for any person may not to be in
558 actual or constructive possession of a controlled substance
559 unless such controlled substance was lawfully obtained from a
560 practitioner or pursuant to a valid prescription or order of a
561 practitioner while acting in the course of his or her
562 professional practice or to be in actual or constructive
563 possession of a controlled substance except as otherwise
564 authorized by this chapter. A Any person who violates this
565 provision commits a felony of the third degree, punishable as
566 provided in s. 775.082, s. 775.083, or s. 775.084.
567 (b) If the offense is the possession of not more than 20
568 grams or less of cannabis, as defined in this chapter, or 3
569 grams or less of a controlled substance described in s.
570 893.03(1)(c)46.-50., 114.-142., 151.-159., or 166.-175. 166.
571 169., the person commits a misdemeanor of the first degree,
572 punishable as provided in s. 775.082 or s. 775.083. As used in
573 For the purposes of this subsection, the term “cannabis” does
574 not include the resin extracted from the plants of the genus
575 Cannabis, or any compound manufacture, salt, derivative,
576 mixture, or preparation of such resin, and a controlled
577 substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
578 159., or 166.-175. 166.-169., does not include the substance in
579 a powdered form.
580 (c) Except as provided in this chapter, a person may not it
581 is unlawful to possess more than in excess of 10 grams of any
582 substance named or described in s. 893.03(1)(a) or (1)(b), or
583 any combination thereof, or any mixture containing any such
584 substance. A Any person who violates this paragraph commits a
585 felony of the first degree, punishable as provided in s.
586 775.082, s. 775.083, or s. 775.084.
587 (d) Notwithstanding any provision to the contrary of the
588 laws of this state relating to arrest, a law enforcement officer
589 may arrest without warrant any person who the officer has
590 probable cause to believe is violating the provisions of this
591 chapter relating to possession of cannabis.
592 Section 3. Paragraph (k) of subsection (1) of section
593 893.135, Florida Statutes, is amended to read:
594 893.135 Trafficking; mandatory sentences; suspension or
595 reduction of sentences; conspiracy to engage in trafficking.—
596 (1) Except as authorized in this chapter or in chapter 499
597 and notwithstanding the provisions of s. 893.13:
598 (k)1. A Any person who knowingly sells, purchases,
599 manufactures, delivers, or brings into this state, or who is
600 knowingly in actual or constructive possession of, 10 grams or
601 more of any of the following substances described in s.
602 893.03(1)(c):
603 a. 3,4-Methylenedioxymethamphetamine (MDMA);
604 b. 4-Bromo-2,5-dimethoxyamphetamine;
605 c. 4-Bromo-2,5-dimethoxyphenethylamine;
606 d. 2,5-Dimethoxyamphetamine;
607 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
608 f. N-ethylamphetamine;
609 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
610 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
611 i. 4-methoxyamphetamine;
612 j. 4-methoxymethamphetamine;
613 k. 4-Methyl-2,5-dimethoxyamphetamine;
614 l. 3,4-Methylenedioxy-N-ethylamphetamine;
615 m. 3,4-Methylenedioxyamphetamine;
616 n. N,N-dimethylamphetamine; or
617 o. 3,4,5-Trimethoxyamphetamine;,
618 p. 3,4-Methylenedioxymethcathinone;
619 q. 3,4-Methylenedioxypyrovalerone (MDPV); or
620 r. Methylmethcathinone,
621
622 individually or analogs thereto or isomers thereto or in any
623 combination of or any mixture containing any substance listed in
624 sub-subparagraphs a.-r. a.-o., commits a felony of the first
625 degree, which felony shall be known as “trafficking in
626 Phenethylamines,” punishable as provided in s. 775.082, s.
627 775.083, or s. 775.084.
628 2. If the quantity involved:
629 a. Is 10 grams or more, but less than 200 grams, such
630 person shall be sentenced to a mandatory minimum term of
631 imprisonment of 3 years, and the defendant shall be ordered to
632 pay a fine of $50,000.
633 b. Is 200 grams or more, but less than 400 grams, such
634 person shall be sentenced to a mandatory minimum term of
635 imprisonment of 7 years, and the defendant shall be ordered to
636 pay a fine of $100,000.
637 c. Is 400 grams or more, such person shall be sentenced to
638 a mandatory minimum term of imprisonment of 15 calendar years
639 and shall be ordered to pay a fine of $250,000.
640 3. A Any person who knowingly manufactures or brings into
641 this state 30 kilograms or more of any of the following
642 substances described in s. 893.03(1)(c):
643 a. 3,4-Methylenedioxymethamphetamine (MDMA);
644 b. 4-Bromo-2,5-dimethoxyamphetamine;
645 c. 4-Bromo-2,5-dimethoxyphenethylamine;
646 d. 2,5-Dimethoxyamphetamine;
647 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
648 f. N-ethylamphetamine;
649 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
650 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
651 i. 4-methoxyamphetamine;
652 j. 4-methoxymethamphetamine;
653 k. 4-Methyl-2,5-dimethoxyamphetamine;
654 l. 3,4-Methylenedioxy-N-ethylamphetamine;
655 m. 3,4-Methylenedioxyamphetamine;
656 n. N,N-dimethylamphetamine; or
657 o. 3,4,5-Trimethoxyamphetamine;,
658 p. 3,4-Methylenedioxymethcathinone;
659 q. 3,4-Methylenedioxypyrovalerone (MDPV); or
660 r. Methylmethcathinone,
661
662 individually or analogs thereto or isomers thereto or in any
663 combination of or any mixture containing any substance listed in
664 sub-subparagraphs a.-r. a.-o., and who knows that the probable
665 result of such manufacture or importation would be the death of
666 any person commits capital manufacture or importation of
667 Phenethylamines, a capital felony punishable as provided in ss.
668 775.082 and 921.142. A Any person sentenced for a capital felony
669 under this paragraph shall also be sentenced to pay the maximum
670 fine provided under subparagraph 1.
671 Section 4. For the purpose of incorporating the amendment
672 made by this act to sections 893.03 and 893.135, Florida
673 Statutes, in a reference thereto, paragraphs (b), (c), (e), and
674 (g) through (i) of subsection (3) of section 921.0022, Florida
675 Statutes, are reenacted to read:
676 921.0022 Criminal Punishment Code; offense severity ranking
677 chart.—
678 (3) OFFENSE SEVERITY RANKING CHART
679 (b) LEVEL 2
680
681 FloridaStatute FelonyDegree Description
682 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
683 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
684 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
685 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
686 590.28(1) 3rd Intentional burning of lands.
687 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
688 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
689 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
690 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
691 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
692 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
693 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
694 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
695 817.234(1)(a)2. 3rd False statement in support of insurance claim.
696 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
697 817.52(3) 3rd Failure to redeliver hired vehicle.
698 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
699 817.60(5) 3rd Dealing in credit cards of another.
700 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
701 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
702 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
703 831.01 3rd Forgery.
704 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
705 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
706 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
707 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
708 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
709 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
710 843.08 3rd Falsely impersonating an officer.
711 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
712 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
713 (c) LEVEL 3
714
715 FloridaStatute FelonyDegree Description
716 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
717 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
718 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
719 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
720 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
721 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
722 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
723 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
724 327.35(2)(b) 3rd Felony BUI.
725 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
726 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
727 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
728 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
729 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
730 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
731 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
732 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
733 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
734 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
735 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
736 697.08 3rd Equity skimming.
737 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
738 796.05(1) 3rd Live on earnings of a prostitute.
739 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
740 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
741 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
742 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
743 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
744 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
745 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
746 817.233 3rd Burning to defraud insurer.
747 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
748 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
749 817.236 3rd Filing a false motor vehicle insurance application.
750 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
751 817.413(2) 3rd Sale of used goods as new.
752 817.505(4) 3rd Patient brokering.
753 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
754 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
755 831.29 2nd Possession of instruments for counterfeiting driver drivers’ licenses or identification cards.
756 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
757 843.19 3rd Injure, disable, or kill police dog or horse.
758 860.15(3) 3rd Overcharging for repairs and parts.
759 870.01(2) 3rd Riot; inciting or encouraging.
760 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
761 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
762 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
763 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
764 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
765 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
766 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
767 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
768 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
769 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
770 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
771 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
772 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
773 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
774 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
775 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
776 (e) LEVEL 5
777
778 FloridaStatute FelonyDegree Description
779 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
780 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
781 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
782 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
783 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
784 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
785 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
786 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
787 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
788 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
789 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
790 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
791 790.01(2) 3rd Carrying a concealed firearm.
792 790.162 2nd Threat to throw or discharge destructive device.
793 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
794 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
795 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
796 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
797 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
798 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
799 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
800 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
801 812.019(1) 2nd Stolen property; dealing in or trafficking in.
802 812.131(2)(b) 3rd Robbery by sudden snatching.
803 812.16(2) 3rd Owning, operating, or conducting a chop shop.
804 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
805 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
806 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
807 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
808 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
809 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
810 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
811 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
812 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
813 843.01 3rd Resist officer with violence to person; resist arrest with violence.
814 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
815 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
816 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
817 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
818 874.05(2)(a) 2nd Encouraging or recruiting person under 13 to join a criminal gang.
819 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
820 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
821 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
822 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
823 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
824 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
825 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
826 (g) LEVEL 7
827
828 FloridaStatute FelonyDegree Description
829 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
830 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
831 316.1935(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.
832 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
833 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
834 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
835 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
836 456.065(2) 3rd Practicing a health care profession without a license.
837 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
838 458.327(1) 3rd Practicing medicine without a license.
839 459.013(1) 3rd Practicing osteopathic medicine without a license.
840 460.411(1) 3rd Practicing chiropractic medicine without a license.
841 461.012(1) 3rd Practicing podiatric medicine without a license.
842 462.17 3rd Practicing naturopathy without a license.
843 463.015(1) 3rd Practicing optometry without a license.
844 464.016(1) 3rd Practicing nursing without a license.
845 465.015(2) 3rd Practicing pharmacy without a license.
846 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
847 467.201 3rd Practicing midwifery without a license.
848 468.366 3rd Delivering respiratory care services without a license.
849 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
850 483.901(9) 3rd Practicing medical physics without a license.
851 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
852 484.053 3rd Dispensing hearing aids without a license.
853 494.0018(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.
854 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
855 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
856 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
857 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
858 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
859 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
860 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
861 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
862 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
863 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
864 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
865 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
866 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
867 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
868 784.048(7) 3rd Aggravated stalking; violation of court order.
869 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
870 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
871 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
872 784.081(1) 1st Aggravated battery on specified official or employee.
873 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
874 784.083(1) 1st Aggravated battery on code inspector.
875 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
876 787.06(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.
877 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
878 790.16(1) 1st Discharge of a machine gun under specified circumstances.
879 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
880 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
881 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
882 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
883 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
884 794.08(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.
885 796.03 2nd Procuring any person under 16 years for prostitution.
886 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
887 800.04(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.
888 806.01(2) 2nd Maliciously damage structure by fire or explosive.
889 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
890 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
891 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
892 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
893 812.014(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.
894 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
895 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
896 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
897 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
898 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
899 812.131(2)(a) 2nd Robbery by sudden snatching.
900 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
901 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
902 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
903 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
904 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
905 817.2341 (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.
906 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
907 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
908 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
909 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
910 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
911 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
912 838.015 2nd Bribery.
913 838.016 2nd Unlawful compensation or reward for official behavior.
914 838.021(3)(a) 2nd Unlawful harm to a public servant.
915 838.22 2nd Bid tampering.
916 843.0855(2) 3rd Impersonation of a public officer or employee.
917 843.0855(3) 3rd Unlawful simulation of legal process.
918 843.0855(4) 3rd Intimidation of a public officer or employee.
919 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
920 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
921 872.06 2nd Abuse of a dead human body.
922 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
923 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
924 893.13(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.
925 893.13(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.
926 893.13(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).
927 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
928 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
929 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
930 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
931 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
932 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
933 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
934 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
935 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
936 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
937 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
938 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
939 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
940 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
941 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
942 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
943 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
944 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
945 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
946 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
947 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
948 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
949 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
950 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
951 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
952 (h) LEVEL 8
953
954 FloridaStatute FelonyDegree Description
955 316.193 (3)(c)3.a. 2nd DUI manslaughter.
956 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
957 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
958 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
959 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
960 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
961 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
962 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
963 777.03(2)(a) 1st Accessory after the fact, capital felony.
964 782.04(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.
965 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
966 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
967 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
968 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
969 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
970 787.06(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.
971 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
972 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
973 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
974 800.04(4) 2nd Lewd or lascivious battery.
975 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
976 810.02(2)(a) 1st,PBL Burglary with assault or battery.
977 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
978 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
979 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
980 812.13(2)(b) 1st Robbery with a weapon.
981 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
982 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
983 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
984 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
985 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
986 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
987 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
988 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
989 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
990 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
991 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
992 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
993 860.16 1st Aircraft piracy.
994 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
995 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
996 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
997 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
998 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
999 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1000 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
1001 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1002 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
1003 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1004 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1005 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1006 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1007 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1008 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1009 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1010 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1011 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1012 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.
1013 (i) LEVEL 9
1014
1015 FloridaStatute FelonyDegree Description
1016 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1017 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1018 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1019 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1020 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1021 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1022 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1023 775.0844 1st Aggravated white collar crime.
1024 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1025 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.
1026 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1027 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1028 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1029 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1030 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1031 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.
1032 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1033 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1034 787.06(4) 1st Selling or buying of minors into human trafficking.
1035 790.161 1st Attempted capital destructive device offense.
1036 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1037 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1038 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1039 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1040 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1041 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1042 796.035 1st Selling or buying of minors into prostitution.
1043 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1044 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1045 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1046 812.135(2)(b) 1st Home-invasion robbery with weapon.
1047 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1048 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1049 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.
1050 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.
1051 827.03(2)(a) 1st Aggravated child abuse.
1052 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1053 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1054 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.
1055 893.135 1st Attempted capital trafficking offense.
1056 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1057 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1058 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1059 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1060 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1061 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1062 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1063 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1064 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1065 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1066 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1067
1068 Section 5. This act shall take effect upon becoming a law.