Florida Senate - 2017 CS for SB 788
By the Committee on Criminal Justice; and Senator Clemens
591-02128-17 2017788c1
1 A bill to be entitled
2 An act relating to marketing practices for substance
3 abuse services; amending s. 16.56, F.S.; authorizing
4 the Office of Statewide Prosecution in the Department
5 of Legal Affairs to investigate and prosecute patient
6 brokering offenses; amending 397.321, F.S.; requiring
7 the Department of Children and Families to ensure that
8 substance abuse service provider personnel providing
9 direct clinical treatment services are certified
10 through a department-recognized certification process;
11 exempting specified licensed individuals from
12 certification; amending s. 397.407, F.S.; revising the
13 requirements for the referral of patients to, and the
14 acceptance of referrals from, a recovery residence;
15 specifying that certain referrals are not prohibited;
16 providing applicability; clarifying that such
17 referrals are not required; amending s. 397.501, F.S.;
18 providing that an application for the disclosure of an
19 individual’s records may be filed as part of an active
20 criminal investigation; authorizing a court to approve
21 an application for the disclosure of an individual’s
22 substance abuse treatment records without providing
23 express notice of the application to the individual or
24 identified parties with an interest in the records if
25 the application is filed as part of an active criminal
26 investigation; providing that upon implementation of
27 the order granting such application, the individual
28 and identified parties with an interest in the records
29 must be afforded an opportunity to seek revocation or
30 amendment of that order; creating s. 397.488, F.S.;
31 providing legislative findings; prohibiting service
32 providers, operators of recovery residences, and
33 certain third parties from engaging in specified
34 marketing practices; providing penalties; creating s.
35 817.0345, F.S.; prohibiting a person from knowingly
36 and willfully making specified false or misleading
37 statements or providing specified false or misleading
38 information under certain circumstances; providing
39 penalties; amending s. 817.505, F.S.; providing that
40 it is unlawful for a person to offer or pay, or
41 solicit or receive, benefits under certain
42 circumstances; providing fines and penalties; amending
43 s. 895.02, F.S.; revising the definition of the term
44 “racketeering activity”; amending s. 921.0022, F.S.;
45 ranking offenses; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Paragraph (a) of subsection (1) of section
50 16.56, Florida Statutes, is amended to read:
51 16.56 Office of Statewide Prosecution.—
52 (1) There is created in the Department of Legal Affairs an
53 Office of Statewide Prosecution. The office shall be a separate
54 “budget entity” as that term is defined in chapter 216. The
55 office may:
56 (a) Investigate and prosecute the offenses of:
57 1. Bribery, burglary, criminal usury, extortion, gambling,
58 kidnapping, larceny, murder, prostitution, perjury, robbery,
59 carjacking, and home-invasion robbery, and patient brokering;
60 2. Any crime involving narcotic or other dangerous drugs;
61 3. Any violation of the Florida RICO (Racketeer Influenced
62 and Corrupt Organization) Act, including any offense listed in
63 the definition of racketeering activity in s. 895.02(8)(a),
64 providing such listed offense is investigated in connection with
65 a violation of s. 895.03 and is charged in a separate count of
66 an information or indictment containing a count charging a
67 violation of s. 895.03, the prosecution of which listed offense
68 may continue independently if the prosecution of the violation
69 of s. 895.03 is terminated for any reason;
70 4. Any violation of the Florida Anti-Fencing Act;
71 5. Any violation of the Florida Antitrust Act of 1980, as
72 amended;
73 6. Any crime involving, or resulting in, fraud or deceit
74 upon any person;
75 7. Any violation of s. 847.0135, relating to computer
76 pornography and child exploitation prevention, or any offense
77 related to a violation of s. 847.0135 or any violation of
78 chapter 827 where the crime is facilitated by or connected to
79 the use of the Internet or any device capable of electronic data
80 storage or transmission;
81 8. Any violation of chapter 815;
82 9. Any criminal violation of part I of chapter 499;
83 10. Any violation of the Florida Motor Fuel Tax Relief Act
84 of 2004;
85 11. Any criminal violation of s. 409.920 or s. 409.9201;
86 12. Any crime involving voter registration, voting, or
87 candidate or issue petition activities;
88 13. Any criminal violation of the Florida Money Laundering
89 Act;
90 14. Any criminal violation of the Florida Securities and
91 Investor Protection Act; or
92 15. Any violation of chapter 787, as well as any and all
93 offenses related to a violation of chapter 787;
94
95 or any attempt, solicitation, or conspiracy to commit any of the
96 crimes specifically enumerated above. The office shall have such
97 power only when any such offense is occurring, or has occurred,
98 in two or more judicial circuits as part of a related
99 transaction, or when any such offense is connected with an
100 organized criminal conspiracy affecting two or more judicial
101 circuits. Informations or indictments charging such offenses
102 shall contain general allegations stating the judicial circuits
103 and counties in which crimes are alleged to have occurred or the
104 judicial circuits and counties in which crimes affecting such
105 circuits or counties are alleged to have been connected with an
106 organized criminal conspiracy.
107 Section 2. Subsection (21) of section 397.321, Florida
108 Statutes, is added to read:
109 397.321 Duties of the department.—The department shall:
110 (21) Ensure that substance abuse service provider personnel
111 who provide direct clinical treatment services as defined in s.
112 397.311(25)(a) are certified through a department-recognized
113 certification process. A physician or a physician assistant
114 licensed under chapter 458 or chapter 459; a professional
115 licensed under chapter 490 or chapter 491; or an advanced
116 registered nurse practitioner licensed under part I of chapter
117 464 is exempt from the requirements of this subsection.
118 Section 3. Subsection (11) of section 397.407, Florida
119 Statutes, is amended to read:
120 397.407 Licensure process; fees.—
121 (11) Effective July 1, 2017 2016, a service provider
122 licensed under this part may not refer a prospective, current,
123 or discharged patient to, or accept a referral from, a recovery
124 residence unless the recovery residence holds a valid
125 certificate of compliance as provided in s. 397.487 and is
126 actively managed by a certified recovery residence administrator
127 as provided in s. 397.4871 or the recovery residence is owned
128 and operated by a licensed service provider or a licensed
129 service provider’s wholly owned subsidiary. For purposes of this
130 subsection, the term “refer” means to inform a patient by any
131 means about the name, address, or other details of the recovery
132 residence. However, this subsection does not require a licensed
133 service provider to refer any patient to a recovery residence.
134 This subsection does not require a recovery residence to refer
135 any patient to a licensed service provider. This subsection does
136 not prohibit a referral by a recovery residence to a licensed
137 service provider when the recovery residence, including its
138 owners, operators, and employees, do not benefit, directly or
139 indirectly, from the referral, and does not apply to a licensed
140 service provider under contract with a managing entity as
141 defined in s. 394.9082.
142 Section 4. Paragraphs (g) and (h) of subsection (7) of
143 section 397.501, Florida Statutes, are amended to read:
144 397.501 Rights of individuals.—Individuals receiving
145 substance abuse services from any service provider are
146 guaranteed protection of the rights specified in this section,
147 unless otherwise expressly provided, and service providers must
148 ensure the protection of such rights.
149 (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.—
150 (g) An order authorizing the disclosure of an individual’s
151 records may be applied for by any person having a legally
152 recognized interest in the disclosure which is sought. The
153 application may be filed alone separately or as part of a
154 pending civil action or an active criminal investigation in
155 which it appears that the individual’s records are needed to
156 provide evidence. An application must use a fictitious name,
157 such as John Doe or Jane Doe, to refer to any individual and may
158 not contain or otherwise disclose any identifying information
159 unless the individual is the applicant or has given a written
160 consent to disclosure or the court has ordered the record of the
161 proceeding sealed from public scrutiny.
162 (h)1. For applications filed alone or as part of a pending
163 civil action, the individual and the person holding the records
164 from whom disclosure is sought must be given adequate notice in
165 a manner which will not disclose identifying information to
166 other persons, and an opportunity to file a written response to
167 the application, or to appear in person, for the limited purpose
168 of providing evidence on the statutory and regulatory criteria
169 for the issuance of the court order.
170 2. Applications filed as part of an active criminal
171 investigation may, in the discretion of the court, be granted
172 without notice. Although no express notice is required to the
173 agents, owners, and employees of the treatment provider or to
174 any patient whose records are to be disclosed, upon
175 implementation of an order so granted, any of these persons must
176 be afforded an opportunity to seek revocation or amendment of
177 the order, limited to the presentation of evidence on the
178 statutory and regulatory criteria for the issuance of the order.
179 Section 5. Section 397.488, Florida Statutes, is created to
180 read:
181 397.488 Prohibition of deceptive marketing practices.—
182 (1) The Legislature recognizes that consumers of substance
183 abuse treatment have disabling conditions and that such
184 consumers and their families are vulnerable and at risk of being
185 easily victimized by fraudulent marketing practices that
186 adversely impact the delivery of health care. To protect the
187 health, safety, and welfare of this vulnerable population, a
188 service provider, an operator of a recovery residence, or a
189 third party who provides any form of advertising or marketing
190 services to a service provider or an operator of a recovery
191 residence may not engage in any of the following marketing
192 practices:
193 (a) Making a false or misleading statement or providing
194 false or misleading information about the provider’s or
195 operator’s or third party’s products, goods, services, or
196 geographical locations in its marketing, advertising materials,
197 or media or on its website.
198 (b) Including on its website false information, electronic
199 links, or coding or activation that provides false information
200 or that surreptitiously directs the reader to another website.
201 (c) Soliciting, receiving, or making an attempt to solicit
202 or receive a commission, benefit, bonus, rebate, kickback, or
203 bribe, directly or indirectly, in cash or in kind, or engaging
204 or making an attempt to engage in a split-fee arrangement in
205 return for a referral or an acceptance or acknowledgment of
206 treatment from a service provider or recovery residence.
207 (d) Entering into a contract with a marketing provider who
208 agrees to generate referrals or leads for the placement of
209 patients with a service provider or in a recovery residence
210 through a call center or a web-based presence, unless the
211 service provider or the operator of the recovery residence
212 discloses the following to the prospective patient so that the
213 patient can make an informed health care decision:
214 1. Information about the specific licensed service
215 providers or recovery residences that are represented by the
216 marketing provider and pay a fee to the marketing provider,
217 including the identity of such service providers or recovery
218 residences; and
219 2. Clear and concise instructions that allow the
220 prospective patient to easily access lists of licensed service
221 providers and recovery residences on the department website.
222 (2) In addition to any other punishment authorized by law,
223 a person or entity that knowingly and willfully violates
224 paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) commits
225 a misdemeanor of the first degree, punishable as provided in s.
226 775.083 or s. 775.089. A violation of paragraph (1)(c) is a
227 violation of the prohibition on patient brokering and may
228 subject the party committing the violation to criminal penalties
229 under s. 817.505.
230 Section 6. Section 817.0345, Florida Statutes, is created
231 to read:
232 817.0345 Prohibition of fraudulent marketing practices.—It
233 is unlawful for any person to knowingly and willfully make a
234 materially false or misleading statement or provide false or
235 misleading information about the identity, products, goods,
236 services, or geographical location of a licensed service
237 provider, as defined in chapter 397, in marketing, advertising
238 materials, or other media or on a website with the intent to
239 induce another person to seek treatment with that service
240 provider. A person who violates this section commits a felony of
241 the third degree, punishable as provided in s. 775.082, s.
242 775.083, or s. 775.084.
243 Section 7. Subsections (1) and (4) of section 817.505,
244 Florida Statutes, are amended to read:
245 817.505 Patient brokering prohibited; exceptions;
246 penalties.—
247 (1) It is unlawful for any person, including any health
248 care provider or health care facility, to:
249 (a) Offer or pay a any commission, benefit, bonus, rebate,
250 kickback, or bribe, directly or indirectly, in cash or in kind,
251 or engage in any split-fee arrangement, in any form whatsoever,
252 to induce the referral of a patient patients or patronage to or
253 from a health care provider or health care facility;
254 (b) Solicit or receive a any commission, benefit, bonus,
255 rebate, kickback, or bribe, directly or indirectly, in cash or
256 in kind, or engage in any split-fee arrangement, in any form
257 whatsoever, in return for referring a patient patients or
258 patronage to or from a health care provider or health care
259 facility;
260 (c) Solicit or receive a any commission, benefit, bonus,
261 rebate, kickback, or bribe, directly or indirectly, in cash or
262 in kind, or engage in any split-fee arrangement, in any form
263 whatsoever, in return for the acceptance or acknowledgment of
264 treatment from a health care provider or health care facility;
265 or
266 (d) Aid, abet, advise, or otherwise participate in the
267 conduct prohibited under paragraph (a), paragraph (b), or
268 paragraph (c).
269 (4)(a) Any person, including an officer, partner, agent,
270 attorney, or other representative of a firm, joint venture,
271 partnership, business trust, syndicate, corporation, or other
272 business entity, who violates any provision of this section
273 commits a felony of the third degree, punishable as provided in
274 s. 775.082, s. 775.083, or s. 775.084, and a fine of $50,000.
275 (b) Any person, including an officer, partner, agent,
276 attorney, or other representative of a firm, joint venture,
277 partnership, business trust, syndicate, corporation, or other
278 business entity, who violates any provision of this section,
279 where the prohibited conduct involves 10 or more patients but
280 fewer than 20 patients, commits a felony of the second degree,
281 punishable as provided in s. 775.082 or s. 775.084, and a fine
282 of $100,000.
283 (c) Any person, including an officer, partner, agent,
284 attorney, or other representative of a firm, joint venture,
285 partnership, business trust, syndicate, corporation, or other
286 business entity, who violates any provision of this section,
287 where the prohibited conduct involves 20 or more patients,
288 commits a felony of the first degree, punishable as provided in
289 s. 775.082 or s. 775.084, and a fine of $500,000.
290 Section 8. Paragraph (a) of subsection (8) of section
291 895.02, Florida Statutes, is amended to read:
292 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
293 (8) “Racketeering activity” means to commit, to attempt to
294 commit, to conspire to commit, or to solicit, coerce, or
295 intimidate another person to commit:
296 (a) Any crime that is chargeable by petition, indictment,
297 or information under the following provisions of the Florida
298 Statutes:
299 1. Section 210.18, relating to evasion of payment of
300 cigarette taxes.
301 2. Section 316.1935, relating to fleeing or attempting to
302 elude a law enforcement officer and aggravated fleeing or
303 eluding.
304 3. Section 403.727(3)(b), relating to environmental
305 control.
306 4. Section 409.920 or s. 409.9201, relating to Medicaid
307 fraud.
308 5. Section 414.39, relating to public assistance fraud.
309 6. Section 440.105 or s. 440.106, relating to workers’
310 compensation.
311 7. Section 443.071(4), relating to creation of a fictitious
312 employer scheme to commit reemployment assistance fraud.
313 8. Section 465.0161, relating to distribution of medicinal
314 drugs without a permit as an Internet pharmacy.
315 9. Section 499.0051, relating to crimes involving
316 contraband, adulterated, or misbranded drugs.
317 10. Part IV of chapter 501, relating to telemarketing.
318 11. Chapter 517, relating to sale of securities and
319 investor protection.
320 12. Section 550.235 or s. 550.3551, relating to dogracing
321 and horseracing.
322 13. Chapter 550, relating to jai alai frontons.
323 14. Section 551.109, relating to slot machine gaming.
324 15. Chapter 552, relating to the manufacture, distribution,
325 and use of explosives.
326 16. Chapter 560, relating to money transmitters, if the
327 violation is punishable as a felony.
328 17. Chapter 562, relating to beverage law enforcement.
329 18. Section 624.401, relating to transacting insurance
330 without a certificate of authority, s. 624.437(4)(c)1., relating
331 to operating an unauthorized multiple-employer welfare
332 arrangement, or s. 626.902(1)(b), relating to representing or
333 aiding an unauthorized insurer.
334 19. Section 655.50, relating to reports of currency
335 transactions, when such violation is punishable as a felony.
336 20. Chapter 687, relating to interest and usurious
337 practices.
338 21. Section 721.08, s. 721.09, or s. 721.13, relating to
339 real estate timeshare plans.
340 22. Section 775.13(5)(b), relating to registration of
341 persons found to have committed any offense for the purpose of
342 benefiting, promoting, or furthering the interests of a criminal
343 gang.
344 23. Section 777.03, relating to commission of crimes by
345 accessories after the fact.
346 24. Chapter 782, relating to homicide.
347 25. Chapter 784, relating to assault and battery.
348 26. Chapter 787, relating to kidnapping or human
349 trafficking.
350 27. Chapter 790, relating to weapons and firearms.
351 28. Chapter 794, relating to sexual battery, but only if
352 such crime was committed with the intent to benefit, promote, or
353 further the interests of a criminal gang, or for the purpose of
354 increasing a criminal gang member’s own standing or position
355 within a criminal gang.
356 29. Former s. 796.03, former s. 796.035, s. 796.04, s.
357 796.05, or s. 796.07, relating to prostitution.
358 30. Chapter 806, relating to arson and criminal mischief.
359 31. Chapter 810, relating to burglary and trespass.
360 32. Chapter 812, relating to theft, robbery, and related
361 crimes.
362 33. Chapter 815, relating to computer-related crimes.
363 34. Chapter 817, relating to fraudulent practices, false
364 pretenses, fraud generally, and credit card crimes, and patient
365 brokering.
366 35. Chapter 825, relating to abuse, neglect, or
367 exploitation of an elderly person or disabled adult.
368 36. Section 827.071, relating to commercial sexual
369 exploitation of children.
370 37. Section 828.122, relating to fighting or baiting
371 animals.
372 38. Chapter 831, relating to forgery and counterfeiting.
373 39. Chapter 832, relating to issuance of worthless checks
374 and drafts.
375 40. Section 836.05, relating to extortion.
376 41. Chapter 837, relating to perjury.
377 42. Chapter 838, relating to bribery and misuse of public
378 office.
379 43. Chapter 843, relating to obstruction of justice.
380 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
381 s. 847.07, relating to obscene literature and profanity.
382 45. Chapter 849, relating to gambling, lottery, gambling or
383 gaming devices, slot machines, or any of the provisions within
384 that chapter.
385 46. Chapter 874, relating to criminal gangs.
386 47. Chapter 893, relating to drug abuse prevention and
387 control.
388 48. Chapter 896, relating to offenses related to financial
389 transactions.
390 49. Sections 914.22 and 914.23, relating to tampering with
391 or harassing a witness, victim, or informant, and retaliation
392 against a witness, victim, or informant.
393 50. Sections 918.12 and 918.13, relating to tampering with
394 jurors and evidence.
395 Section 9. Paragraphs (c), (d), (f), and (h) of subsection
396 (3) of section 921.0022, Florida Statutes, are amended to read:
397 921.0022 Criminal Punishment Code; offense severity ranking
398 chart.—
399 (3) OFFENSE SEVERITY RANKING CHART
400 (c) LEVEL 3
401
402 FloridaStatute FelonyDegree Description
403 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
404 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
405 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
406 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
407 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
408 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
409 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
410 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
411 327.35(2)(b) 3rd Felony BUI.
412 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
413 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
414 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
415 379.2431 (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.
416 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
417 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
418 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
419 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
420 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
421 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
422 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
423 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
424 697.08 3rd Equity skimming.
425 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
426 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
427 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
428 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
429 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
430 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
431 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
432 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
433 817.233 3rd Burning to defraud insurer.
434 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
435 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
436 817.236 3rd Filing a false motor vehicle insurance application.
437 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
438 817.413(2) 3rd Sale of used goods as new.
439 817.505(4) 3rd Patient brokering.
440 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
441 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
442 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
443 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
444 843.19 3rd Injure, disable, or kill police dog or horse.
445 860.15(3) 3rd Overcharging for repairs and parts.
446 870.01(2) 3rd Riot; inciting or encouraging.
447 893.13(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).
448 893.13(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.
449 893.13(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.
450 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
451 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
452 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
453 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
454 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
455 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
456 893.13(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.
457 893.13(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.
458 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
459 893.13(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.
460 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
461 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
462 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
463 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
464
465 (d) LEVEL 4
466
467 FloridaStatute FelonyDegree Description
468 316.1935(3)(a) 2nd 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.
469 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
470 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
471 517.07(1) 3rd Failure to register securities.
472 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
473 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
474 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
475 784.075 3rd Battery on detention or commitment facility staff.
476 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
477 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
478 784.081(3) 3rd Battery on specified official or employee.
479 784.082(3) 3rd Battery by detained person on visitor or other detainee.
480 784.083(3) 3rd Battery on code inspector.
481 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
482 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
483 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
484 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
485 787.07 3rd Human smuggling.
486 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
487 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
488 790.115(2)(c) 3rd Possessing firearm on school property.
489 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
490 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
491 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
492 810.06 3rd Burglary; possession of tools.
493 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
494 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
495 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
496 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
497 817.505(4)(a) 3rd Patient brokering.
498 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
499 817.568(2)(a) 3rd Fraudulent use of personal identification information.
500 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
501 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
502 837.02(1) 3rd Perjury in official proceedings.
503 837.021(1) 3rd Make contradictory statements in official proceedings.
504 838.022 3rd Official misconduct.
505 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
506 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
507 843.021 3rd Possession of a concealed handcuff key by a person in custody.
508 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
509 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
510 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
511 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
512 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
513 914.14(2) 3rd Witnesses accepting bribes.
514 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
515 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
516 918.12 3rd Tampering with jurors.
517 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
518
519 (f) LEVEL 6
520
521 FloridaStatute FelonyDegree Description
522 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
523 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
524 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
525 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
526 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
527 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
528 775.0875(1) 3rd Taking firearm from law enforcement officer.
529 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
530 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
531 784.041 3rd Felony battery; domestic battery by strangulation.
532 784.048(3) 3rd Aggravated stalking; credible threat.
533 784.048(5) 3rd Aggravated stalking of person under 16.
534 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
535 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
536 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
537 784.081(2) 2nd Aggravated assault on specified official or employee.
538 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
539 784.083(2) 2nd Aggravated assault on code inspector.
540 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
541 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
542 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
543 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
544 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
545 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
546 794.05(1) 2nd Unlawful sexual activity with specified minor.
547 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
548 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
549 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
550 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
551 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
552 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
553 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
554 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
555 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
556 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
557 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
558 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
559 825.102(1) 3rd Abuse of an elderly person or disabled adult.
560 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
561 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
562 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
563 827.03(2)(c) 3rd Abuse of a child.
564 827.03(2)(d) 3rd Neglect of a child.
565 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
566 836.05 2nd Threats; extortion.
567 836.10 2nd Written threats to kill or do bodily injury.
568 843.12 3rd Aids or assists person to escape.
569 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
570 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
571 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
572 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
573 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
574 944.40 2nd Escapes.
575 944.46 3rd Harboring, concealing, aiding escaped prisoners.
576 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
577 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
578
579 (h) LEVEL 8
580
581 FloridaStatute FelonyDegree Description
582 316.193 (3)(c)3.a. 2nd DUI manslaughter.
583 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
584 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
585 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
586 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
587 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
588 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
589 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
590 777.03(2)(a) 1st Accessory after the fact, capital felony.
591 782.04(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.
592 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
593 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
594 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
595 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
596 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
597 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
598 787.06(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.
599 787.06(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.
600 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
601 794.011(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.
602 794.011(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.
603 794.011(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.
604 794.011(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.
605 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
606 800.04(4)(b) 2nd Lewd or lascivious battery.
607 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
608 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
609 810.02(2)(a) 1st,PBL Burglary with assault or battery.
610 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
611 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
612 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
613 812.13(2)(b) 1st Robbery with a weapon.
614 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
615 817.505(4)(c) 1st Patient brokering; 20 or more patients.
616 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
617 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
618 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
619 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
620 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
621 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
622 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
623 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
624 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
625 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
626 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
627 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
628 860.16 1st Aircraft piracy.
629 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
630 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
631 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
632 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
633 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
634 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
635 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
636 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
637 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
638 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
639 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
640 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
641 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
642 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
643 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
644 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
645 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
646 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
647 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
648 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
649 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
650 Section 10. This act shall take effect July 1, 2017.