Florida Senate - 2021 SB 1260
By Senator Brodeur
9-00656B-21 20211260__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 782.04, F.S.; revising the elements that constitute
4 the capital offense of murder in the first degree;
5 defining the term “substantial factor”; creating s.
6 784.051, F.S.; defining terms; providing criminal
7 penalties for persons who unlawfully distribute,
8 deliver, sell, or dispense controlled substances that
9 are proven to be the proximate cause of, or a
10 contributing factor in, the injury or overdose of a
11 user of such substances; providing criminal penalties
12 for persons 18 years of age or older who violate
13 certain provisions when it involves specified
14 controlled substances; providing enhanced criminal
15 penalties for second or subsequent convictions of such
16 offenses; authorizing the prosecution of persons who
17 unlawfully distribute, deliver, sell, or dispense
18 controlled substances to another when that other
19 person redistributes, redelivers, resells, or
20 dispenses such substances to a user who is injured;
21 providing circumstances under which there is prima
22 facie evidence of injury or overdose; amending s.
23 893.13, F.S.; prohibiting specified activities
24 involving controlled substances within 1,000 feet of
25 additional specified facilities; providing criminal
26 penalties; amending s. 921.0022, F.S.; listing
27 specified felonies on levels 6, 7, and 8 of the
28 offense severity ranking chart of the Criminal
29 Punishment Code; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (a) of subsection (1) of section
34 782.04, Florida Statutes, is amended to read:
35 782.04 Murder.—
36 (1)(a) The unlawful killing of a human being:
37 1. When perpetrated from a premeditated design to effect
38 the death of the person killed or any human being;
39 2. When committed by a person engaged in the perpetration
40 of, or in the attempt to perpetrate, any:
41 a. Trafficking offense prohibited by s. 893.135(1),
42 b. Arson,
43 c. Sexual battery,
44 d. Robbery,
45 e. Burglary,
46 f. Kidnapping,
47 g. Escape,
48 h. Aggravated child abuse,
49 i. Aggravated abuse of an elderly person or disabled adult,
50 j. Aircraft piracy,
51 k. Unlawful throwing, placing, or discharging of a
52 destructive device or bomb,
53 l. Carjacking,
54 m. Home-invasion robbery,
55 n. Aggravated stalking,
56 o. Murder of another human being,
57 p. Resisting an officer with violence to his or her person,
58 q. Aggravated fleeing or eluding with serious bodily injury
59 or death,
60 r. Felony that is an act of terrorism or is in furtherance
61 of an act of terrorism, including a felony under s. 775.30, s.
62 775.32, s. 775.33, s. 775.34, or s. 775.35, or
63 s. Human trafficking; or
64 3. Which resulted from the unlawful distribution by a
65 person 18 years of age or older of any of the following
66 substances, or mixture containing any of the following
67 substances, when such substance or mixture is proven to have
68 caused, or is proven to have been a substantial factor in
69 producing, be the proximate cause of the death of the user:
70 a. A substance controlled under s. 893.03(1);
71 b. Cocaine, as described in s. 893.03(2)(a)4.;
72 c. Opium or any synthetic or natural salt, compound,
73 derivative, or preparation of opium;
74 d. Methadone;
75 e. Alfentanil, as described in s. 893.03(2)(b)1.;
76 f. Carfentanil, as described in s. 893.03(2)(b)6.;
77 g. Fentanyl, as described in s. 893.03(2)(b)9.;
78 h. Sufentanil, as described in s. 893.03(2)(b)30.; or
79 i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
80 j. A controlled substance analog, as described in s.
81 893.0356, of any substance specified in sub-subparagraphs a.-i.
82 sub-subparagraphs a.-h.,
83
84 is murder in the first degree and constitutes a capital felony,
85 punishable as provided in s. 775.082. As used in this paragraph,
86 the term “substantial factor” means the substance alone is
87 sufficient to cause the death, whether or not any other
88 substance or substances are also sufficient to cause the death.
89 Section 2. Section 784.051, Florida Statutes, is created to
90 read:
91 784.051 Culpable negligence resulting in injury or
92 overdose.—
93 (1) As used in this section, the term:
94 (a) “Emergency opioid antagonist” has the same meaning as
95 in s. 381.887.
96 (b) “Injury” or “overdose” means drug toxicity or the
97 temporary loss of locomotor activity, motor coordination, or
98 consciousness or cognitive impairment.
99 (c) “Medical care” means the provision of treatment for the
100 purpose of preserving or sustaining life or the administration
101 of an emergency opioid antagonist.
102 (2) Except as provided in subsection (3), a person who,
103 through the unlawful distribution, delivery, sale, or dispensing
104 of a controlled substance described in s. 893.03 or of a mixture
105 containing a controlled substance described in s. 893.03, causes
106 injury or overdose to a user of such controlled substance or
107 mixture, if such substance or mixture is proven to be the
108 proximate cause of or a contributing factor to the injury or
109 overdose, commits a felony of the third degree, punishable as
110 provided in s. 775.082, s. 775.083, or s. 775.084.
111 (3) A person 18 years of age or older who violates
112 subsection (2) commits a felony of the second degree, punishable
113 as provided in s. 775.082, s. 775.083, or s. 775.084, if the
114 controlled substance or mixture containing a controlled
115 substance is:
116 (a) A substance controlled under s. 893.03(1);
117 (b) Cocaine, as described in s. 893.03(2)(a)4.;
118 (c) Opium or any synthetic or natural salt, compound,
119 derivative, or preparation of opium;
120 (d) Methadone;
121 (e) Alfentanil, as described in s. 893.03(2)(b)1.;
122 (f) Carfentanil, as described in s. 893.03(2)(b)6.;
123 (g) Fentanyl, as described in s. 893.03(2)(b)9.;
124 (h) Sufentanil, as described in s. 893.03(2)(b)30.;
125 (i) Methamphetamine, as described in s. 893.03(2)(c)5.; or
126 (j) A controlled substance analog, as described in s.
127 893.0356, of any substance specified in sub-subparagraphs a.-i.
128 (4)(a) A person who commits a violation of subsection (2)
129 and who has previously been convicted of a violation of
130 subsection (2) or subsection (3) commits a felony of the second
131 degree, punishable as provided in s. 775.082, s. 775.083, or s.
132 775.084.
133 (b) A person who commits a violation of subsection (3) and
134 who has previously been convicted of a violation of subsection
135 (2) or subsection (3) commits a felony of the first degree,
136 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
137 (5) If a person unlawfully distributes, delivers, sells, or
138 dispenses a controlled substance described in s. 893.03 or a
139 mixture containing a controlled substance described in s. 893.03
140 to another person and that other person unlawfully distributes,
141 delivers, sells, or dispenses such substance or mixture to a
142 user in violation of subsection (2) or subsection (3), the
143 person who initially unlawfully distributed, delivered, sold, or
144 dispensed such substance or mixture is as culpable for any
145 injury or overdose to the user caused by the substance or
146 mixture as the person who provided the substance or mixture
147 directly to the user and may be prosecuted under this section.
148 (6) The provision of medical care by an emergency
149 responder, including, but not limited to, a law enforcement
150 officer, a paramedic, or an emergency medical technician, or the
151 administration of an emergency opioid antagonist by an emergency
152 responder is prima facie evidence that the person receiving
153 medical care was injured or overdosed.
154 Section 3. Paragraph (h) of subsection (1) of section
155 893.13, Florida Statutes, is amended to read:
156 893.13 Prohibited acts; penalties.—
157 (1)
158 (h) Except as authorized by this chapter, a person may not
159 sell, manufacture, or deliver, or possess with intent to sell,
160 manufacture, or deliver, a controlled substance in, on, or
161 within 1,000 feet of the real property comprising a mental
162 health care facility, as that term is used in chapter 394; a
163 health care facility licensed under chapter 395 which provides
164 substance abuse treatment; a substance abuse facility licensed
165 under chapter 397; a facility providing a service as described
166 in s. 397.311(26); a recovery residence as defined in s.
167 397.311; an assisted living facility, as that term is used in
168 chapter 429; or a pain management clinic as defined in s.
169 458.3265 or s. 459.0137. A person who violates this paragraph
170 with respect to:
171 1. A controlled substance named or described in s.
172 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
173 commits a felony of the first degree, punishable as provided in
174 s. 775.082, s. 775.083, or s. 775.084.
175 2. A controlled substance named or described in s.
176 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
177 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
178 the second degree, punishable as provided in s. 775.082, s.
179 775.083, or s. 775.084.
180 3. Any other controlled substance, except as lawfully sold,
181 manufactured, or delivered, must be sentenced to pay a $500 fine
182 and to serve 100 hours of public service in addition to any
183 other penalty prescribed by law.
184 Section 4. Paragraphs (f), (g), and (h) of subsection (3)
185 of section 921.0022, Florida Statutes, are amended to read:
186 921.0022 Criminal Punishment Code; offense severity ranking
187 chart.—
188 (3) OFFENSE SEVERITY RANKING CHART
189 (f) LEVEL 6
190
191 FloridaStatute FelonyDegree Description
192 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
193 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
194 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
195 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
196 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
197 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
198 775.0875(1) 3rd Taking firearm from law enforcement officer.
199 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
200 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
201 784.041 3rd Felony battery; domestic battery by strangulation.
202 784.048(3) 3rd Aggravated stalking; credible threat.
203 784.048(5) 3rd Aggravated stalking of person under 16.
204 784.051(2) 3rd Causing injury or overdose to user of controlled substance.
205 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
206 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
207 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
208 784.081(2) 2nd Aggravated assault on specified official or employee.
209 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
210 784.083(2) 2nd Aggravated assault on code inspector.
211 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
212 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
213 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
214 790.164(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.
215 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
216 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
217 794.05(1) 2nd Unlawful sexual activity with specified minor.
218 800.04(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.
219 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
220 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
221 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
222 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
223 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
224 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
225 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
226 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
227 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
228 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
229 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
230 825.102(1) 3rd Abuse of an elderly person or disabled adult.
231 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
232 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
233 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
234 827.03(2)(c) 3rd Abuse of a child.
235 827.03(2)(d) 3rd Neglect of a child.
236 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
237 836.05 2nd Threats; extortion.
238 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
239 843.12 3rd Aids or assists person to escape.
240 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
241 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
242 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
243 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
244 944.35(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.
245 944.40 2nd Escapes.
246 944.46 3rd Harboring, concealing, aiding escaped prisoners.
247 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
248 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
249 (g) LEVEL 7
250
251 FloridaStatute FelonyDegree Description
252 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
253 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
254 316.1935(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.
255 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
256 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
257 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
258 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
259 456.065(2) 3rd Practicing a health care profession without a license.
260 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
261 458.327(1) 3rd Practicing medicine without a license.
262 459.013(1) 3rd Practicing osteopathic medicine without a license.
263 460.411(1) 3rd Practicing chiropractic medicine without a license.
264 461.012(1) 3rd Practicing podiatric medicine without a license.
265 462.17 3rd Practicing naturopathy without a license.
266 463.015(1) 3rd Practicing optometry without a license.
267 464.016(1) 3rd Practicing nursing without a license.
268 465.015(2) 3rd Practicing pharmacy without a license.
269 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
270 467.201 3rd Practicing midwifery without a license.
271 468.366 3rd Delivering respiratory care services without a license.
272 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
273 483.901(7) 3rd Practicing medical physics without a license.
274 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
275 484.053 3rd Dispensing hearing aids without a license.
276 494.0018(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.
277 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
278 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
279 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
280 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
281 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
282 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
283 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
284 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
285 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
286 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
287 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
288 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
289 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
290 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
291 784.048(7) 3rd Aggravated stalking; violation of court order.
292 784.051(3) 2nd Causing injury or overdose to user through certain controlled substances.
293 784.051(4)(a) 2nd Causing injury or overdose to user through specified controlled substances with certain prior conviction.
294 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
295 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
296 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
297 784.081(1) 1st Aggravated battery on specified official or employee.
298 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
299 784.083(1) 1st Aggravated battery on code inspector.
300 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
301 787.06(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.
302 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
303 790.16(1) 1st Discharge of a machine gun under specified circumstances.
304 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
305 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
306 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
307 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
308 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
309 794.08(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.
310 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
311 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
312 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
313 800.04(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.
314 800.04(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.
315 806.01(2) 2nd Maliciously damage structure by fire or explosive.
316 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
317 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
318 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
319 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
320 812.014(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.
321 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
322 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
323 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
324 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
325 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
326 812.131(2)(a) 2nd Robbery by sudden snatching.
327 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
328 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
329 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
330 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
331 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
332 817.2341 (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.
333 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
334 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
335 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
336 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
337 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
338 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
339 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
340 838.015 2nd Bribery.
341 838.016 2nd Unlawful compensation or reward for official behavior.
342 838.021(3)(a) 2nd Unlawful harm to a public servant.
343 838.22 2nd Bid tampering.
344 843.0855(2) 3rd Impersonation of a public officer or employee.
345 843.0855(3) 3rd Unlawful simulation of legal process.
346 843.0855(4) 3rd Intimidation of a public officer or employee.
347 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
348 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
349 872.06 2nd Abuse of a dead human body.
350 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
351 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
352 893.13(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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
353 893.13(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)5., within 1,000 feet of property used for religious services or a specified business site.
354 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
355 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
356 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
357 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
358 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
359 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
360 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
361 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
362 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
363 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
364 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
365 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
366 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
367 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
368 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
369 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
370 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
371 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
372 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
373 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
374 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
375 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
376 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
377 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
378 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
379 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
380 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
381 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
382 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
383 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
384 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
385 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
386 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
387 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
388 (h) LEVEL 8
389
390 FloridaStatute FelonyDegree Description
391 316.193 (3)(c)3.a. 2nd DUI manslaughter.
392 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
393 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
394 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
395 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
396 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
397 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
398 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
399 777.03(2)(a) 1st Accessory after the fact, capital felony.
400 782.04(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.
401 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
402 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
403 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
404 784.051(4)(b) 1st Causing injury or overdose to user through specified controlled substances with certain prior conviction.
405 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
406 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
407 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
408 787.06(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.
409 787.06(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.
410 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
411 794.011(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.
412 794.011(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.
413 794.011(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.
414 794.011(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.
415 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
416 800.04(4)(b) 2nd Lewd or lascivious battery.
417 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
418 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
419 810.02(2)(a) 1st,PBL Burglary with assault or battery.
420 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
421 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
422 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
423 812.13(2)(b) 1st Robbery with a weapon.
424 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
425 817.505(4)(c) 1st Patient brokering; 20 or more patients.
426 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
427 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
428 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
429 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
430 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
431 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
432 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
433 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
434 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
435 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
436 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
437 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
438 860.16 1st Aircraft piracy.
439 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
440 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
441 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
442 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
443 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
444 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
445 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
446 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
447 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
448 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
449 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
450 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
451 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
452 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
453 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
454 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
455 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
456 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
457 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
458 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
459 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
460 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
461 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
462 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
463 Section 5. This act shall take effect October 1, 2021.