Florida Senate - 2016 SB 640
By Senator Grimsley
21-00460-16 2016640__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.13, F.S.; requiring a mandatory minimum term of
4 imprisonment for specified violations committed in a
5 dwelling; amending s. 893.135, F.S.; creating the
6 offense of trafficking in synthetic drugs; providing
7 specified offenses involving 250 grams or more of
8 specified controlled substances; requiring specified
9 mandatory minimum terms of imprisonment and fines
10 based on the quantity involved in the offense;
11 amending s. 921.0022, F.S.; adding specified
12 trafficking provisions established in s. 893.135,
13 F.S., to the offense severity ranking chart of the
14 Criminal Punishment Code and reclassifying the
15 severity level of specified offenses; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (1) of section
21 893.13, Florida Statutes, is amended to read:
22 893.13 Prohibited acts; penalties.—
23 (1)(a) Except as authorized by this chapter and chapter
24 499, a person may not sell, manufacture, or deliver, or possess
25 with intent to sell, manufacture, or deliver, a controlled
26 substance. A person who violates this provision with respect to:
27 1. A controlled substance named or described in s.
28 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
29 commits a felony of the second degree, punishable as provided in
30 s. 775.082, s. 775.083, or s. 775.084. A person who violates
31 this subparagraph in a dwelling, as defined in s. 810.011, shall
32 be sentenced to a mandatory minimum term of imprisonment of 3
33 years.
34 2. A controlled substance named or described in s.
35 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
36 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
37 the third degree, punishable as provided in s. 775.082, s.
38 775.083, or s. 775.084.
39 3. A controlled substance named or described in s.
40 893.03(5) commits a misdemeanor of the first degree, punishable
41 as provided in s. 775.082 or s. 775.083.
42 Section 2. Paragraph (m) is added to subsection (1) of
43 section 893.135, Florida Statutes, to read:
44 893.135 Trafficking; mandatory sentences; suspension or
45 reduction of sentences; conspiracy to engage in trafficking.—
46 (1) Except as authorized in this chapter or in chapter 499
47 and notwithstanding the provisions of s. 893.13:
48 (m)1. Except as provided in subparagraph 2. or subparagraph
49 3., a person who knowingly sells, purchases, manufactures,
50 delivers, or brings into this state, or who is knowingly in
51 actual or constructive possession of, 250 grams or more of a
52 controlled substance specified in s. 893.03(1)(c)46.-50., 114.
53 142., 151.-159., or 166.-173., or any mixture containing those
54 substances, commits a felony of the first degree, which shall be
55 known as “trafficking in synthetic drugs,” punishable as
56 provided in s. 775.082, s. 775.083, or s. 775.084. If the
57 quantity involved:
58 a. Is 250 grams or more, but less than 500 grams, such
59 person shall be sentenced to a mandatory minimum term of
60 imprisonment of 3 years and ordered to pay a fine of $25,000.
61 b. Is 500 grams or more, but less than 1,000 grams, such
62 person shall be sentenced to a mandatory minimum term of
63 imprisonment of 7 years and ordered to pay a fine of $50,000.
64 c. Is 1,000 grams or more, but less than 30 kilograms, such
65 person shall be sentenced to a mandatory minimum term of
66 imprisonment of 15 years and ordered to pay a fine of $200,000.
67 d. Is 30 kilograms or more, such person shall be sentenced
68 to a mandatory minimum term of imprisonment of 25 years and
69 ordered to pay a fine of $750,000.
70 2. A person who knowingly sells, purchases, manufactures,
71 delivers, or brings into this state, or who is knowingly in
72 actual or constructive possession of, 30 kilograms or more of a
73 controlled substance described in s. 893.03(1)(c)46.-50., 114.
74 142., 151.-159., or 166.-173., or any mixture containing those
75 substances, commits the first degree felony of trafficking in
76 synthetic drugs. A person who is convicted of the first degree
77 felony of trafficking in synthetic drugs under this subparagraph
78 shall be punished by life imprisonment and is ineligible for any
79 form of discretionary early release except pardon or executive
80 clemency or conditional medical release under s. 947.149.
81 However, if the court determines that, in addition to committing
82 any act specified in this paragraph:
83 a. The person intentionally killed an individual or
84 counseled, commanded, induced, procured, or caused the
85 intentional killing of an individual and such killing was the
86 result; or
87 b. The person’s conduct in committing the act led to a
88 natural, though not inevitable, lethal result,
89
90 such person commits the capital felony of trafficking in
91 synthetic drugs, punishable as provided in ss. 775.082 and
92 921.142. A person sentenced for a capital felony under this
93 subparagraph shall also be sentenced to pay the maximum fine
94 provided under subparagraph 1.
95 3. A person who knowingly brings into this state 60
96 kilograms or more of a controlled substance described in s.
97 893.03(1)(c)46.-50., 114.-142., 151.-159., or 166.-173., or any
98 mixture containing those substances, and who knows that the
99 probable result of such importation would be the death of a
100 person, commits capital importation of synthetic drugs, a
101 capital felony punishable as provided in ss. 775.082 and
102 921.142. A person sentenced for a capital felony under this
103 subparagraph shall also be sentenced to pay the maximum fine
104 provided under subparagraph 1.
105 Section 3. Paragraphs (g), (h), and (i) of subsection (3)
106 of section 921.0022, Florida Statutes, are amended to read:
107 921.0022 Criminal Punishment Code; offense severity ranking
108 chart.—
109 (3) OFFENSE SEVERITY RANKING CHART
110 (g) LEVEL 7
111
112
113 FloridaStatute FelonyDegree Description
114 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
115 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
116 316.1935(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.
117 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
118 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
119 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
120 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
121 456.065(2) 3rd Practicing a health care profession without a license.
122 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
123 458.327(1) 3rd Practicing medicine without a license.
124 459.013(1) 3rd Practicing osteopathic medicine without a license.
125 460.411(1) 3rd Practicing chiropractic medicine without a license.
126 461.012(1) 3rd Practicing podiatric medicine without a license.
127 462.17 3rd Practicing naturopathy without a license.
128 463.015(1) 3rd Practicing optometry without a license.
129 464.016(1) 3rd Practicing nursing without a license.
130 465.015(2) 3rd Practicing pharmacy without a license.
131 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
132 467.201 3rd Practicing midwifery without a license.
133 468.366 3rd Delivering respiratory care services without a license.
134 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
135 483.901(9) 3rd Practicing medical physics without a license.
136 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
137 484.053 3rd Dispensing hearing aids without a license.
138 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
139 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
140 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
141 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
142 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
143 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
144 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
145 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
146 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
147 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
148 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
149 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
150 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
151 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
152 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
153 784.048(7) 3rd Aggravated stalking; violation of court order.
154 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
155 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
156 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
157 784.081(1) 1st Aggravated battery on specified official or employee.
158 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
159 784.083(1) 1st Aggravated battery on code inspector.
160 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
161 787.06(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.
162 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
163 790.16(1) 1st Discharge of a machine gun under specified circumstances.
164 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
165 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
166 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
167 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
168 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
169 794.08(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.
170 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
171 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
172 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
173 800.04(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.
174 800.04(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.
175 806.01(2) 2nd Maliciously damage structure by fire or explosive.
176 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
177 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
178 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
179 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
180 812.014(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.
181 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
182 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
183 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
184 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
185 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
186 812.131(2)(a) 2nd Robbery by sudden snatching.
187 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
188 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
189 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
190 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
191 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
192 817.2341 (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.
193 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
194 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
195 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
196 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
197 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
198 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
199 838.015 2nd Bribery.
200 838.016 2nd Unlawful compensation or reward for official behavior.
201 838.021(3)(a) 2nd Unlawful harm to a public servant.
202 838.22 2nd Bid tampering.
203 843.0855(2) 3rd Impersonation of a public officer or employee.
204 843.0855(3) 3rd Unlawful simulation of legal process.
205 843.0855(4) 3rd Intimidation of a public officer or employee.
206 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
207 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
208 872.06 2nd Abuse of a dead human body.
209 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
210 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
211 893.13(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.
212 893.13(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.
213 893.13(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).
214 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
215 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
216 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
217 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
218 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
219 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
220 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
221 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
222 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
223 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
224 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
225 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
226 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
227 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
228 893.135 (1)(l)1.a. 1st Trafficking in LSD, 1 gram or more, less than 5 grams.
229 893.135 (1)(m)1.a. 1st Trafficking in synthetic drugs, 250 grams or more, less than 500 grams.
230 893.135 (1)(m)1.b. 1st Trafficking in synthetic drugs, 500 grams or more, less than 1,000 grams.
231 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
232 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
233 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
234 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
235 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
236 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
237 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
238 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
239 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
240 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
241 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
242 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
243 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
244 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
245 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
246 (h) LEVEL 8
247
248
249 FloridaStatute FelonyDegree Description
250 316.193 (3)(c)3.a. 2nd DUI manslaughter.
251 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
252 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
253 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
254 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
255 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
256 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
257 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
258 777.03(2)(a) 1st Accessory after the fact, capital felony.
259 782.04(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.
260 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
261 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
262 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
263 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
264 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
265 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
266 787.06(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.
267 787.06(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.
268 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
269 794.011(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.
270 794.011(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.
271 794.011(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.
272 794.011(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.
273 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
274 800.04(4)(b) 2nd Lewd or lascivious battery.
275 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
276 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
277 810.02(2)(a) 1st,PBL Burglary with assault or battery.
278 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
279 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
280 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
281 812.13(2)(b) 1st Robbery with a weapon.
282 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
283 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
284 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
285 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
286 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
287 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
288 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
289 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
290 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
291 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
292 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
293 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
294 860.16 1st Aircraft piracy.
295 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
296 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
297 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
298 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
299 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
300 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
301 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
302 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
303 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
304 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
305 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
306 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
307 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
308 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
309 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
310 893.135 (1)(l)1.b. 1st Trafficking in LSD, 5 grams or more, less than 7 grams.
311 893.135 (1)(m)1.c. 1st Trafficking in synthetic drugs, 1,000 grams or more, less than 30 kilograms.
312 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
313 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
314 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
315 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
316 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
317 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
318 (i) LEVEL 9
319
320
321 FloridaStatute FelonyDegree Description
322 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
323 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
324 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
325 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
326 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
327 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
328 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
329 775.0844 1st Aggravated white collar crime.
330 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
331 782.04(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.
332 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
333 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
334 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
335 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
336 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
337 787.02(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.
338 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
339 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
340 787.06(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.
341 790.161 1st Attempted capital destructive device offense.
342 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
343 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
344 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
345 794.011(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.
346 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
347 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
348 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
349 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
350 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
351 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
352 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
353 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
354 812.135(2)(b) 1st Home-invasion robbery with weapon.
355 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
356 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
357 817.535(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.
358 817.568(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.
359 827.03(2)(a) 1st Aggravated child abuse.
360 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
361 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
362 859.01 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.
363 893.135 1st Attempted capital trafficking offense.
364 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
365 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
366 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
367 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
368 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
369 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
370 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
371 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
372 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
373 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
374 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
375 893.135 (1)(l)1.c. 1st Trafficking in LSD, 7 grams or more.
376 893.135 (1)(m)1.d. 1st Trafficking in synthetic drugs, 30 kilograms or more.
377 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
378 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
379 Section 4. This act shall take effect October 1, 2016.