Florida Senate - 2018                              CS for SB 570
       
       
        
       By the Committee on Criminal Justice; and Senator Bracy
       
       
       
       
       
       591-03434-18                                           2018570c1
    1                        A bill to be entitled                      
    2         An act relating to sentencing; amending s. 893.13,
    3         F.S.; reducing the distance applicable to certain
    4         controlled substance offenses committed within certain
    5         drug-free zones; providing that only offenses
    6         involving the sale or manufacturing of a controlled
    7         substance are subject to enhanced penalties when
    8         committed within a drug-free zone; amending s.
    9         921.0022, F.S.; conforming provisions to changes made
   10         by the act; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs (c), (d), (e), (f), and (h) of
   15  subsection (1) of section 893.13, Florida Statutes, are amended
   16  to read:
   17         893.13 Prohibited acts; penalties.—
   18         (1)
   19         (c) Except as authorized by this chapter, a person may not
   20  sell or, manufacture, or deliver, or possess with intent to
   21  sell, manufacture, or deliver, a controlled substance in, on, or
   22  within 1,000 feet of the real property comprising a child care
   23  facility as defined in s. 402.302 or a public or private
   24  elementary, middle, or secondary school between the hours of 6
   25  a.m. and 12 midnight, or at any time in, on, or within 250 1,000
   26  feet of real property comprising a state, county, or municipal
   27  park, a community center, or a publicly owned recreational
   28  facility. As used in this paragraph, the term “community center”
   29  means a facility operated by a nonprofit community-based
   30  organization for the provision of recreational, social, or
   31  educational services to the public. A person who violates this
   32  paragraph with respect to:
   33         1. A controlled substance named or described in s.
   34  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   35  commits a felony of the first degree, punishable as provided in
   36  s. 775.082, s. 775.083, or s. 775.084. The defendant must be
   37  sentenced to a minimum term of imprisonment of 3 calendar years
   38  unless the offense was committed within 1,000 feet of the real
   39  property comprising a child care facility as defined in s.
   40  402.302.
   41         2. A controlled substance named or described in s.
   42  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   43  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   44  the second degree, punishable as provided in s. 775.082, s.
   45  775.083, or s. 775.084.
   46         3. Any other controlled substance, except as lawfully sold
   47  or, manufactured, or delivered, must be sentenced to pay a $500
   48  fine and to serve 100 hours of public service in addition to any
   49  other penalty prescribed by law.
   50  
   51  This paragraph does not apply to a child care facility unless
   52  the owner or operator of the facility posts a sign that is not
   53  less than 2 square feet in size with a word legend identifying
   54  the facility as a licensed child care facility and that is
   55  posted on the property of the child care facility in a
   56  conspicuous place where the sign is reasonably visible to the
   57  public.
   58         (d) Except as authorized by this chapter, a person may not
   59  sell or, manufacture, or deliver, or possess with intent to
   60  sell, manufacture, or deliver, a controlled substance in, on, or
   61  within 250 1,000 feet of the real property comprising a public
   62  or private college, university, or other postsecondary
   63  educational institution. A person who violates this paragraph
   64  with respect to:
   65         1. A controlled substance named or described in s.
   66  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   67  commits a felony of the first degree, punishable as provided in
   68  s. 775.082, s. 775.083, or s. 775.084.
   69         2. A controlled substance named or described in s.
   70  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   71  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   72  the second degree, punishable as provided in s. 775.082, s.
   73  775.083, or s. 775.084.
   74         3. Any other controlled substance, except as lawfully sold
   75  or, manufactured, or delivered, must be sentenced to pay a $500
   76  fine and to serve 100 hours of public service in addition to any
   77  other penalty prescribed by law.
   78         (e) Except as authorized by this chapter, a person may not
   79  sell or, manufacture, or deliver, or possess with intent to
   80  sell, manufacture, or deliver, a controlled substance not
   81  authorized by law in, on, or within 1,000 feet of a physical
   82  place for worship at which a church or religious organization
   83  regularly conducts religious services or within 250 1,000 feet
   84  of a convenience business as defined in s. 812.171. A person who
   85  violates this paragraph with respect to:
   86         1. A controlled substance named or described in s.
   87  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   88  commits a felony of the first degree, punishable as provided in
   89  s. 775.082, s. 775.083, or s. 775.084.
   90         2. A controlled substance named or described in s.
   91  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   92  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   93  the second degree, punishable as provided in s. 775.082, s.
   94  775.083, or s. 775.084.
   95         3. Any other controlled substance, except as lawfully sold
   96  or, manufactured, or delivered, must be sentenced to pay a $500
   97  fine and to serve 100 hours of public service in addition to any
   98  other penalty prescribed by law.
   99         (f) Except as authorized by this chapter, a person may not
  100  sell or, manufacture, or deliver, or possess with intent to
  101  sell, manufacture, or deliver, a controlled substance in, on, or
  102  within 250 1,000 feet of the real property comprising a public
  103  housing facility at any time. As used in this section, the term
  104  “real property comprising a public housing facility” means real
  105  property, as defined in s. 421.03(12), of a public corporation
  106  created as a housing authority pursuant to part I of chapter
  107  421. A person who violates this paragraph with respect to:
  108         1. A controlled substance named or described in s.
  109  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  110  commits a felony of the first degree, punishable as provided in
  111  s. 775.082, s. 775.083, or s. 775.084.
  112         2. A controlled substance named or described in s.
  113  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  114  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  115  the second degree, punishable as provided in s. 775.082, s.
  116  775.083, or s. 775.084.
  117         3. Any other controlled substance, except as lawfully sold
  118  or, manufactured, or delivered, must be sentenced to pay a $500
  119  fine and to serve 100 hours of public service in addition to any
  120  other penalty prescribed by law.
  121         (h) Except as authorized by this chapter, a person may not
  122  sell or, manufacture, or deliver, or possess with intent to
  123  sell, manufacture, or deliver, a controlled substance in, on, or
  124  within 1,000 feet of the real property comprising an assisted
  125  living facility, as that term is used in chapter 429. A person
  126  who violates this paragraph with respect to:
  127         1. A controlled substance named or described in s.
  128  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  129  commits a felony of the first degree, punishable as provided in
  130  s. 775.082, s. 775.083, or s. 775.084.
  131         2. A controlled substance named or described in s.
  132  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  133  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  134  the second degree, punishable as provided in s. 775.082, s.
  135  775.083, or s. 775.084.
  136         3. Any other controlled substance, except as lawfully sold
  137  or, manufactured, or delivered, must be sentenced to pay a $500
  138  fine and to serve 100 hours of public service in addition to any
  139  other penalty prescribed by law.
  140         Section 2. Paragraphs (c), (e), and (g) of subsection (3)
  141  of section 921.0022, Florida Statutes, are amended to read:
  142         921.0022 Criminal Punishment Code; offense severity ranking
  143  chart.—
  144         (3) OFFENSE SEVERITY RANKING CHART
  145         (c) LEVEL 3
  146  
  147  FloridaStatute           FelonyDegree         Description          
  148  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  149  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  150  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  151  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  152  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  153  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  154  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  155  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  156  327.35(2)(b)                 3rd     Felony BUI.                   
  157  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  158  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  159  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  160  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.
  161  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  162  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  163  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  164  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  165  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  166  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  167  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  168  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  169  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  170  697.08                       3rd     Equity skimming.              
  171  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  172  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  173  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  174  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  175  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  176  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  177  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  178  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  179  817.233                      3rd     Burning to defraud insurer.   
  180  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  181  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  182  817.236                      3rd     Filing a false motor vehicle insurance application.
  183  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  184  817.413(2)                   3rd     Sale of used goods as new.    
  185  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  186  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  187  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  188  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  189  843.19                       3rd     Injure, disable, or kill police dog or horse.
  190  860.15(3)                    3rd     Overcharging for repairs and parts.
  191  870.01(2)                    3rd     Riot; inciting or encouraging.
  192  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).
  193  893.13(1)(d)2.               2nd     Sell or, 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 250 1,000 feet of university.
  194  893.13(1)(f)2.               2nd     Sell or, 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 250 1,000 feet of public housing facility.
  195  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  196  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  197  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  198  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  199  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  200  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  201  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.
  202  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.
  203  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  204  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.
  205  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  206  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  207  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  208  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  209         (e) LEVEL 5
  210  
  211  FloridaStatute      FelonyDegree             Description             
  212  316.027(2)(a)          3rd    Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  213  316.1935(4)(a)         2nd    Aggravated fleeing or eluding.       
  214  316.80(2)              2nd    Unlawful conveyance of fuel; obtaining fuel fraudulently.
  215  322.34(6)              3rd    Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  216  327.30(5)              3rd    Vessel accidents involving personal injury; leaving scene.
  217  379.365(2)(c)1.        3rd    Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  218  379.367(4)             3rd    Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  219  379.407(5)(b)3.        3rd    Possession of 100 or more undersized spiny lobsters.
  220  381.0041(11)(b)        3rd    Donate blood, plasma, or organs knowing HIV positive.
  221  440.10(1)(g)           2nd    Failure to obtain workers’ compensation coverage.
  222  440.105(5)             2nd    Unlawful solicitation for the purpose of making workers’ compensation claims.
  223  440.381(2)             2nd    Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  224  624.401(4)(b)2.        2nd    Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  225  626.902(1)(c)          2nd    Representing an unauthorized insurer; repeat offender.
  226  790.01(2)              3rd    Carrying a concealed firearm.        
  227  790.162                2nd    Threat to throw or discharge destructive device.
  228  790.163(1)             2nd    False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  229  790.221(1)             2nd    Possession of short-barreled shotgun or machine gun.
  230  790.23                 2nd    Felons in possession of firearms, ammunition, or electronic weapons or devices.
  231  796.05(1)              2nd    Live on earnings of a prostitute; 1st offense.
  232  800.04(6)(c)           3rd    Lewd or lascivious conduct; offender less than 18 years of age.
  233  800.04(7)(b)           2nd    Lewd or lascivious exhibition; offender 18 years of age or older.
  234  806.111(1)             3rd    Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  235  812.0145(2)(b)         2nd    Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  236  812.015(8)             3rd    Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  237  812.019(1)             2nd    Stolen property; dealing in or trafficking in.
  238  812.131(2)(b)          3rd    Robbery by sudden snatching.         
  239  812.16(2)              3rd    Owning, operating, or conducting a chop shop.
  240  817.034(4)(a)2.        2nd    Communications fraud, value $20,000 to $50,000.
  241  817.234(11)(b)         2nd    Insurance fraud; property value $20,000 or more but less than $100,000.
  242  817.2341(1), (2)(a) & (3)(a)   3rd    Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  243  817.568(2)(b)          2nd    Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  244  817.611(2)(a)          2nd    Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  245  817.625(2)(b)          2nd    Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  246  825.1025(4)            3rd    Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  247  827.071(4)             2nd    Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  248  827.071(5)             3rd    Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  249  839.13(2)(b)           2nd    Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  250  843.01                 3rd    Resist officer with violence to person; resist arrest with violence.
  251  847.0135(5)(b)         2nd    Lewd or lascivious exhibition using computer; offender 18 years or older.
  252  847.0137 (2) & (3)     3rd    Transmission of pornography by electronic device or equipment.
  253  847.0138 (2) & (3)     3rd    Transmission of material harmful to minors to a minor by electronic device or equipment.
  254  874.05(1)(b)           2nd    Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  255  874.05(2)(a)           2nd    Encouraging or recruiting person under 13 years of age to join a criminal gang.
  256  893.13(1)(a)1.         2nd    Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  257  893.13(1)(c)2.         2nd    Sell or, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
  258  893.13(1)(d)1.         1st    Sell or, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 250 1,000 feet of university.
  259  893.13(1)(e)2.         2nd    Sell or, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or within 250 feet of a specified business site.
  260  893.13(1)(f)1.         1st    Sell or, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 250 1,000 feet of public housing facility.
  261  893.13(4)(b)           2nd    Use or hire of minor; deliver to minor other controlled substance.
  262  893.1351(1)            3rd    Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  263         (g) LEVEL 7
  264  
  265  FloridaStatute      FelonyDegree             Description             
  266  316.027(2)(c)          1st    Accident involving death, failure to stop; leaving scene.
  267  316.193(3)(c)2.        3rd    DUI resulting in serious bodily injury.
  268  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.
  269  327.35(3)(c)2.         3rd    Vessel BUI resulting in serious bodily injury.
  270  402.319(2)             2nd    Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  271  409.920 (2)(b)1.a.     3rd    Medicaid provider fraud; $10,000 or less.
  272  409.920 (2)(b)1.b.     2nd    Medicaid provider fraud; more than $10,000, but less than $50,000.
  273  456.065(2)             3rd    Practicing a health care profession without a license.
  274  456.065(2)             2nd    Practicing a health care profession without a license which results in serious bodily injury.
  275  458.327(1)             3rd    Practicing medicine without a license.
  276  459.013(1)             3rd    Practicing osteopathic medicine without a license.
  277  460.411(1)             3rd    Practicing chiropractic medicine without a license.
  278  461.012(1)             3rd    Practicing podiatric medicine without a license.
  279  462.17                 3rd    Practicing naturopathy without a license.
  280  463.015(1)             3rd    Practicing optometry without a license.
  281  464.016(1)             3rd    Practicing nursing without a license.
  282  465.015(2)             3rd    Practicing pharmacy without a license.
  283  466.026(1)             3rd    Practicing dentistry or dental hygiene without a license.
  284  467.201                3rd    Practicing midwifery without a license.
  285  468.366                3rd    Delivering respiratory care services without a license.
  286  483.828(1)             3rd    Practicing as clinical laboratory personnel without a license.
  287  483.901(7)             3rd    Practicing medical physics without a license.
  288  484.013(1)(c)          3rd    Preparing or dispensing optical devices without a prescription.
  289  484.053                3rd    Dispensing hearing aids without a license.
  290  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.
  291  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.
  292  560.125(5)(a)          3rd    Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  293  655.50(10)(b)1.        3rd    Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  294  775.21(10)(a)          3rd    Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  295  775.21(10)(b)          3rd    Sexual predator working where children regularly congregate.
  296  775.21(10)(g)          3rd    Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  297  782.051(3)             2nd    Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  298  782.07(1)              2nd    Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  299  782.071                2nd    Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  300  782.072                2nd    Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  301  784.045(1)(a)1.        2nd    Aggravated battery; intentionally causing great bodily harm or disfigurement.
  302  784.045(1)(a)2.        2nd    Aggravated battery; using deadly weapon.
  303  784.045(1)(b)          2nd    Aggravated battery; perpetrator aware victim pregnant.
  304  784.048(4)             3rd    Aggravated stalking; violation of injunction or court order.
  305  784.048(7)             3rd    Aggravated stalking; violation of court order.
  306  784.07(2)(d)           1st    Aggravated battery on law enforcement officer.
  307  784.074(1)(a)          1st    Aggravated battery on sexually violent predators facility staff.
  308  784.08(2)(a)           1st    Aggravated battery on a person 65 years of age or older.
  309  784.081(1)             1st    Aggravated battery on specified official or employee.
  310  784.082(1)             1st    Aggravated battery by detained person on visitor or other detainee.
  311  784.083(1)             1st    Aggravated battery on code inspector.
  312  787.06(3)(a)2.         1st    Human trafficking using coercion for labor and services of an adult.
  313  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.
  314  790.07(4)              1st    Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  315  790.16(1)              1st    Discharge of a machine gun under specified circumstances.
  316  790.165(2)             2nd    Manufacture, sell, possess, or deliver hoax bomb.
  317  790.165(3)             2nd    Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  318  790.166(3)             2nd    Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  319  790.166(4)             2nd    Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  320  790.23               1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  321  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.
  322  796.05(1)              1st    Live on earnings of a prostitute; 2nd offense.
  323  796.05(1)              1st    Live on earnings of a prostitute; 3rd and subsequent offense.
  324  800.04(5)(c)1.         2nd    Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  325  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.
  326  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.
  327  806.01(2)              2nd    Maliciously damage structure by fire or explosive.
  328  810.02(3)(a)           2nd    Burglary of occupied dwelling; unarmed; no assault or battery.
  329  810.02(3)(b)           2nd    Burglary of unoccupied dwelling; unarmed; no assault or battery.
  330  810.02(3)(d)           2nd    Burglary of occupied conveyance; unarmed; no assault or battery.
  331  810.02(3)(e)           2nd    Burglary of authorized emergency vehicle.
  332  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.
  333  812.014(2)(b)2.        2nd    Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  334  812.014(2)(b)3.        2nd    Property stolen, emergency medical equipment; 2nd degree grand theft.
  335  812.014(2)(b)4.        2nd    Property stolen, law enforcement equipment from authorized emergency vehicle.
  336  812.0145(2)(a)         1st    Theft from person 65 years of age or older; $50,000 or more.
  337  812.019(2)             1st    Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  338  812.131(2)(a)          2nd    Robbery by sudden snatching.         
  339  812.133(2)(b)          1st    Carjacking; no firearm, deadly weapon, or other weapon.
  340  817.034(4)(a)1.        1st    Communications fraud, value greater than $50,000.
  341  817.234(8)(a)          2nd    Solicitation of motor vehicle accident victims with intent to defraud.
  342  817.234(9)             2nd    Organizing, planning, or participating in an intentional motor vehicle collision.
  343  817.234(11)(c)         1st    Insurance fraud; property value $100,000 or more.
  344  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.
  345  817.535(2)(a)          3rd    Filing false lien or other unauthorized document.
  346  817.611(2)(b)          2nd    Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  347  825.102(3)(b)          2nd    Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  348  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.
  349  827.03(2)(b)           2nd    Neglect of a child causing great bodily harm, disability, or disfigurement.
  350  827.04(3)              3rd    Impregnation of a child under 16 years of age by person 21 years of age or older.
  351  837.05(2)              3rd    Giving false information about alleged capital felony to a law enforcement officer.
  352  838.015                2nd    Bribery.                             
  353  838.016                2nd    Unlawful compensation or reward for official behavior.
  354  838.021(3)(a)          2nd    Unlawful harm to a public servant.   
  355  838.22                 2nd    Bid tampering.                       
  356  843.0855(2)            3rd    Impersonation of a public officer or employee.
  357  843.0855(3)            3rd    Unlawful simulation of legal process.
  358  843.0855(4)            3rd    Intimidation of a public officer or employee.
  359  847.0135(3)            3rd    Solicitation of a child, via a computer service, to commit an unlawful sex act.
  360  847.0135(4)            2nd    Traveling to meet a minor to commit an unlawful sex act.
  361  872.06                 2nd    Abuse of a dead human body.          
  362  874.05(2)(b)           1st    Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  363  874.10               1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  364  893.13(1)(c)1.         1st    Sell or, 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 or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
  365  893.13(1)(e)1.         1st    Sell or, 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 within 250 feet of a specified business site.
  366  893.13(4)(a)           1st    Use or hire of minor; deliver to minor other controlled substance.
  367  893.135(1)(a)1.        1st    Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  368  893.135 (1)(b)1.a.     1st    Trafficking in cocaine, more than 28 grams, less than 200 grams.
  369  893.135 (1)(c)1.a.     1st    Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  370  893.135 (1)(c)2.a.     1st    Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  371  893.135 (1)(c)2.b.     1st    Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  372  893.135 (1)(c)3.a.     1st    Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  373  893.135 (1)(c)3.b.     1st    Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  374  893.135 (1)(c)4.b.(I)   1st    Trafficking in fentanyl, 4 grams or more, less than 14 grams.
  375  893.135 (1)(d)1.a.     1st    Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
  376  893.135(1)(e)1.        1st    Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
  377  893.135(1)(f)1.        1st    Trafficking in amphetamine, 14 grams or more, less than 28 grams.
  378  893.135 (1)(g)1.a.     1st    Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  379  893.135 (1)(h)1.a.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  380  893.135 (1)(j)1.a.     1st    Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  381  893.135 (1)(k)2.a.     1st    Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  382  893.135 (1)(m)2.a.     1st    Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
  383  893.135 (1)(m)2.b.     1st    Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
  384  893.135 (1)(n)2.a.     1st    Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
  385  893.1351(2)            2nd    Possession of place for trafficking in or manufacturing of controlled substance.
  386  896.101(5)(a)          3rd    Money laundering, financial transactions exceeding $300 but less than $20,000.
  387  896.104(4)(a)1.        3rd    Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  388  943.0435(4)(c)         2nd    Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  389  943.0435(8)            2nd    Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  390  943.0435(9)(a)         3rd    Sexual offender; failure to comply with reporting requirements.
  391  943.0435(13)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  392  943.0435(14)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  393  944.607(9)             3rd    Sexual offender; failure to comply with reporting requirements.
  394  944.607(10)(a)         3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
  395  944.607(12)            3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  396  944.607(13)            3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  397  985.4815(10)           3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
  398  985.4815(12)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  399  985.4815(13)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  400         Section 3. This act shall take effect October 1, 2018.