Florida Senate - 2015 SB 1188
By Senator Simpson
18-00534-15 20151188__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.13, F.S.; specifying the penalty for a person who
4 violates a certain controlled substance law in a
5 dwelling; amending s. 893.135, F.S.; establishing the
6 felony of “trafficking in synthetic drugs” and
7 specifying a penalty; amending s. 921.0022, F.S.;
8 conforming cross-references; reenacting ss. 893.13(9),
9 893.135(1), and 921.0022(3)(e), F.S., to incorporate
10 the amendment made to s. 893.13, F.S., in references
11 thereto; reenacting ss. 373.6055(3)(c), 381.986(7)(a)
12 and (b), 397.451(6), 414.095(1), 772.12(2),
13 775.087(2)(a) and (3)(a), 782.04(1)(a), (3)(a), and
14 (4)(a), 810.02(3), 893.03(3)(c), 893.13(8)(d),
15 893.1351(1) and (2), 903.133, 907.041(4)(c),
16 921.0024(1)(b), 943.0585, and 943.059, F.S., to
17 incorporate the amendment made to s. 893.135, F.S., in
18 references thereto; reenacting s. 812.014(2)(c), to
19 incorporate the amendments made to ss. 893.13 and
20 893.135, F.S., in a reference thereto; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (a) of subsection (1) of section
26 893.13, Florida Statutes, is amended to read:
27 893.13 Prohibited acts; penalties.—
28 (1)(a) Except as authorized by this chapter and chapter
29 499, a person may not sell, manufacture, or deliver, or possess
30 with intent to sell, manufacture, or deliver, a controlled
31 substance. A person who violates this provision with respect to:
32 1. A controlled substance named or described in s.
33 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
34 commits a felony of the second degree, punishable as provided in
35 s. 775.082, s. 775.083, or s. 775.084.
36 2. A controlled substance named or described in s.
37 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
38 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
39 the third degree, punishable as provided in s. 775.082, s.
40 775.083, or s. 775.084.
41 3. A controlled substance named or described in s.
42 893.03(5) commits a misdemeanor of the first degree, punishable
43 as provided in s. 775.082 or s. 775.083.
44
45 A person who violates this paragraph while in a dwelling, as
46 that term is defined in s. 810.011, shall be sentenced to a
47 mandatory minimum term of imprisonment of 3 years.
48 Section 2. Present paragraphs (b) through (l) of subsection
49 (1) of section 893.135, Florida Statutes, are redesignated as
50 paragraphs (c) through (m), respectively, and a new paragraph
51 (b) is added to that subsection, to read:
52 893.135 Trafficking; mandatory sentences; suspension or
53 reduction of sentences; conspiracy to engage in trafficking.—
54 (1) Except as authorized in this chapter or in chapter 499
55 and notwithstanding the provisions of s. 893.13:
56 (b) Any person who knowingly sells, purchases,
57 manufactures, delivers, or brings into this state, or who is
58 knowingly in actual or constructive possession of, more than 250
59 grams of a controlled substance described in s. 893.03(1)(c)46.
60 50., s. 893.03(1)(c)114.-142., s. 893.03(1)(c)151.-159., or s.
61 893.03(1)(c)166.-173., or any mixture containing these
62 substances, commits a felony of the first degree, which felony
63 shall be known as “trafficking in synthetic drugs,” punishable
64 as provided in s. 775.082, s. 775.083, or s. 775.084. If the
65 quantity involved:
66 1. Is more than 250 grams, but less than 500 grams, the
67 person shall be sentenced to a mandatory minimum term of
68 imprisonment of 3 years and ordered to pay a fine of $25,000.
69 2. Is 500 grams or more, but less than 1,000 grams, the
70 person shall be sentenced to a mandatory minimum term of
71 imprisonment of 7 years and ordered to pay a fine of $50,000.
72 3. Is 1,000 grams or more, but less than 30 kilograms, the
73 person shall be sentenced to a mandatory minimum term of
74 imprisonment of 15 years and ordered to pay a fine of $200,000.
75 Section 3. Paragraphs (g), (h), and (i) of subsection (3)
76 of section 921.0022, Florida Statutes, are amended to read:
77 921.0022 Criminal Punishment Code; offense severity ranking
78 chart.—
79 (3) OFFENSE SEVERITY RANKING CHART
80 (g) LEVEL 7
81
82 FloridaStatute FelonyDegree Description
83 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
84 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
85 316.1935(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.
86 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
87 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
88 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
89 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
90 456.065(2) 3rd Practicing a health care profession without a license.
91 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
92 458.327(1) 3rd Practicing medicine without a license.
93 459.013(1) 3rd Practicing osteopathic medicine without a license.
94 460.411(1) 3rd Practicing chiropractic medicine without a license.
95 461.012(1) 3rd Practicing podiatric medicine without a license.
96 462.17 3rd Practicing naturopathy without a license.
97 463.015(1) 3rd Practicing optometry without a license.
98 464.016(1) 3rd Practicing nursing without a license.
99 465.015(2) 3rd Practicing pharmacy without a license.
100 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
101 467.201 3rd Practicing midwifery without a license.
102 468.366 3rd Delivering respiratory care services without a license.
103 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
104 483.901(9) 3rd Practicing medical physics without a license.
105 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
106 484.053 3rd Dispensing hearing aids without a license.
107 494.0018(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.
108 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
109 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
110 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
111 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
112 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
113 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
114 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
115 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
116 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
117 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
118 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
119 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
120 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
121 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
122 784.048(7) 3rd Aggravated stalking; violation of court order.
123 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
124 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
125 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
126 784.081(1) 1st Aggravated battery on specified official or employee.
127 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
128 784.083(1) 1st Aggravated battery on code inspector.
129 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
130 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
131 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
132 790.16(1) 1st Discharge of a machine gun under specified circumstances.
133 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
134 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
135 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
136 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
137 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
138 794.08(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.
139 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
140 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
141 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
142 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
143 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
144 806.01(2) 2nd Maliciously damage structure by fire or explosive.
145 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
146 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
147 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
148 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
149 812.014(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.
150 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
151 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
152 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
153 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
154 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
155 812.131(2)(a) 2nd Robbery by sudden snatching.
156 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
157 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
158 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
159 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
160 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
161 817.2341 (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.
162 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
163 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
164 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
165 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
166 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
167 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
168 838.015 2nd Bribery.
169 838.016 2nd Unlawful compensation or reward for official behavior.
170 838.021(3)(a) 2nd Unlawful harm to a public servant.
171 838.22 2nd Bid tampering.
172 843.0855(2) 3rd Impersonation of a public officer or employee.
173 843.0855(3) 3rd Unlawful simulation of legal process.
174 843.0855(4) 3rd Intimidation of a public officer or employee.
175 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
176 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
177 872.06 2nd Abuse of a dead human body.
178 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
179 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
180 893.13(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.
181 893.13(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.
182 893.13(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).
183 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
184 893.135 (1)(c)1.a.893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
185 893.135 (1)(d)1.a.893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
186 893.135 (1)(d)2.a.893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
187 893.135 (1)(d)2.b.893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
188 893.135 (1)(d)3.a.893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
189 893.135 (1)(d)3.b.893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
190 893.135(1)(e)1.893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
191 893.135(1)(f)1.893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
192 893.135(1)(g)1.893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
193 893.135 (1)(h)1.a.893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
194 893.135 (1)(i)1.a.893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
195 893.135 (1)(k)1.a.893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
196 893.135 (1)(l)2.a.893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
197 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
198 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
199 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
200 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
201 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
202 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
203 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
204 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
205 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
206 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
207 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
208 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
209 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
210 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
211 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
212 (h) LEVEL 8
213
214 FloridaStatute FelonyDegree Description
215 316.193 (3)(c)3.a. 2nd DUI manslaughter.
216 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
217 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
218 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
219 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
220 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
221 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
222 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
223 777.03(2)(a) 1st Accessory after the fact, capital felony.
224 782.04(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.
225 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
226 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
227 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
228 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
229 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
230 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
231 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
232 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
233 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
234 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
235 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
236 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
237 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
238 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
239 800.04(4)(b) 2nd Lewd or lascivious battery.
240 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
241 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
242 810.02(2)(a) 1st,PBL Burglary with assault or battery.
243 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
244 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
245 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
246 812.13(2)(b) 1st Robbery with a weapon.
247 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
248 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
249 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
250 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
251 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
252 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
253 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
254 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
255 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
256 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
257 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
258 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
259 860.16 1st Aircraft piracy.
260 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
261 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
262 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
263 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
264 893.135 (1)(c)1.b.893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
265 893.135 (1)(d)1.b.893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
266 893.135 (1)(d)2.c.893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
267 893.135 (1)(d)3.c.893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
268 893.135 (1)(e)1.b.893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
269 893.135 (1)(f)1.b.893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
270 893.135 (1)(g)1.b.893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
271 893.135 (1)(h)1.b.893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
272 893.135 (1)(i)1.b.893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
273 893.135 (1)(k)1.b.893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
274 893.135 (1)(l)2.b.893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
275 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
276 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
277 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
278 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
279 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
280 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
281 (i) LEVEL 9
282
283 FloridaStatute FelonyDegree Description
284 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
285 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
286 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
287 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
288 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
289 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
290 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
291 775.0844 1st Aggravated white collar crime.
292 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
293 782.04(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.
294 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
295 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
296 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
297 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
298 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
299 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
300 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
301 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
302 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
303 790.161 1st Attempted capital destructive device offense.
304 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
305 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
306 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
307 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
308 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
309 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
310 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
311 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
312 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
313 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
314 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
315 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
316 812.135(2)(b) 1st Home-invasion robbery with weapon.
317 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
318 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
319 817.535(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.
320 817.568(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.
321 827.03(2)(a) 1st Aggravated child abuse.
322 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
323 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
324 859.01 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.
325 893.135 1st Attempted capital trafficking offense.
326 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
327 893.135 (1)(c)1.c.893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
328 893.135 (1)(d)1.c.893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
329 893.135 (1)(d)2.d.893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
330 893.135 (1)(d)3.d.893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
331 893.135 (1)(e)1.c.893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
332 893.135 (1)(f)1.c.893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
333 893.135 (1)(g)1.c.893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
334 893.135 (1)(i)1.c.893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
335 893.135 (1)(k)1.c.893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
336 893.135 (1)(l)2.c.893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
337 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
338 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
339 Section 4. Subsection (9) of s. 893.13, subsection (1) of
340 s. 893.135, and paragraph (e) of subsection (3) of s. 921.0022,
341 Florida Statutes, are reenacted for the purpose of incorporating
342 the amendment made to s. 893.13, Florida Statutes, in references
343 thereto.
344 Section 5. Paragraph (c) of subsection (3) of s. 373.6055,
345 paragraphs (a) and (b) of subsection (7) of s. 381.986,
346 subsection (6) of s. 397.451, subsection (1) of s. 414.095,
347 subsection (2) of s. 772.12, paragraph (a) of subsection (2),
348 and paragraph (a) of subsection (3) of s. 775.087, paragraph (a)
349 of subsection (1), paragraph (a) of subsection (3), and
350 paragraph (a) of subsection (4) of s. 782.04, subsection (3) of
351 s. 810.02, paragraph (c) of subsection (3) of s. 893.03,
352 paragraph (d) of subsection (8) of s. 893.13, subsections (1)
353 and (2) of s. 893.1351, s. 903.133, paragraph (c) of subsection
354 (4) of s. 907.041, paragraph (b) of subsection (1) of s.
355 921.0024, s. 943.0585, and s. 943.059, Florida Statutes, are
356 reenacted for the purpose of incorporating the amendment made by
357 this act to s. 893.135, Florida Statutes, in references thereto.
358 Section 6. Paragraph (c) of subsection (2) of s. 812.014,
359 Florida Statutes, is reenacted for the purpose of incorporating
360 the amendments made to ss. 893.13 and 893.135, Florida Statutes,
361 in a reference thereto.
362 Section 7. This act shall take effect October 1, 2015.