Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 468
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2025 .
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The Committee on Criminal Justice (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (2), (3), (4) and (7) of section
6 316.1935, Florida Statutes, are amended, and subsection (1) of
7 that section is republished, to read:
8 316.1935 Fleeing or attempting to elude a law enforcement
9 officer; aggravated fleeing or eluding.—
10 (1) It is unlawful for the operator of any vehicle, having
11 knowledge that he or she has been ordered to stop such vehicle
12 by a duly authorized law enforcement officer, willfully to
13 refuse or fail to stop the vehicle in compliance with such order
14 or, having stopped in knowing compliance with such order,
15 willfully to flee in an attempt to elude the officer, and a
16 person who violates this subsection commits a felony of the
17 third degree, punishable as provided in s. 775.082, s. 775.083,
18 or s. 775.084.
19 (2) Any person who willfully flees or attempts to elude a
20 law enforcement officer in an authorized law enforcement patrol
21 vehicle, with agency insignia and other jurisdictional markings
22 prominently displayed on the vehicle, with siren and lights
23 activated commits a felony of the third degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084.
25 (3) Any person who willfully flees or attempts to elude a
26 law enforcement officer in an authorized law enforcement patrol
27 vehicle, with agency insignia and other jurisdictional markings
28 prominently displayed on the vehicle, with siren and lights
29 activated, and during the course of the fleeing or attempted
30 eluding:
31 (a) Drives at high speed, or in any manner which
32 demonstrates a wanton disregard for the safety of persons or
33 property, commits a felony of the second degree, punishable as
34 provided in s. 775.082, s. 775.083, or s. 775.084.
35 (b) Drives at high speed, or in any manner which
36 demonstrates a wanton disregard for the safety of persons or
37 property, and causes serious bodily injury or death to another
38 person, including any law enforcement officer involved in
39 pursuing or otherwise attempting to effect a stop of the
40 person’s vehicle, commits a felony of the first degree,
41 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
42 Notwithstanding any other provision of law, the court shall
43 sentence any person convicted of committing the offense
44 described in this paragraph to a mandatory minimum sentence of 3
45 years imprisonment. Nothing in This paragraph does not shall
46 prevent a court from imposing a greater sentence of
47 incarceration as authorized by law.
48 (4) Any person who, in the course of unlawfully leaving or
49 attempting to leave the scene of a crash in violation of s.
50 316.027 or s. 316.061, having knowledge of an order to stop by a
51 duly authorized law enforcement officer, willfully refuses or
52 fails to stop in compliance with such an order, or having
53 stopped in knowing compliance with such order, willfully flees
54 in an attempt to elude such officer and, as a result of such
55 fleeing or eluding:
56 (a) Causes injury to another person or causes damage to any
57 property belonging to another person, commits aggravated fleeing
58 or eluding, a felony of the second degree, punishable as
59 provided in s. 775.082, s. 775.083, or s. 775.084.
60 (b) Causes serious bodily injury or death to another
61 person, including any law enforcement officer involved in
62 pursuing or otherwise attempting to effect a stop of the
63 person’s vehicle, commits aggravated fleeing or eluding with
64 serious bodily injury or death, a felony of the first degree,
65 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
66
67 The felony of aggravated fleeing or eluding and the felony
68 of aggravated fleeing or eluding with serious bodily injury or
69 death constitute separate offenses for which a person may be
70 charged, in addition to the offenses under ss. 316.027 and
71 316.061, relating to unlawfully leaving the scene of a crash,
72 which the person had been in the course of committing or
73 attempting to commit when the order to stop was given.
74 Notwithstanding any other provision of law, the court shall
75 sentence any person convicted of committing aggravated fleeing
76 or eluding with serious bodily injury or death to a mandatory
77 minimum sentence of 3 years imprisonment. Nothing in This
78 subsection does not shall prevent a court from imposing a
79 greater sentence of incarceration as authorized by law.
80 (7) Any motor vehicle involved in a violation of this
81 section is deemed to be contraband, which may be seized by a law
82 enforcement agency and is subject to forfeiture pursuant to ss.
83 932.701-932.704. Any vehicle not required to be titled under the
84 laws of this state is presumed to be the property of the person
85 in possession of the vehicle. may be impounded for a period of
86 30 business days. The impounding law enforcement agency shall
87 make a diligent effort to notify the registered owner of the
88 impound. The law enforcement officer shall notify the Department
89 of Highway Safety and Motor Vehicles of any impoundment for
90 violation of this subsection in accordance with procedures
91 established by the department.
92 (a) A warrant is required to impound a vehicle from a
93 constitutionally protected area.
94 (b) the impounding law enforcement agency shall release an
95 impounded motor vehicle if the owner or agent presents a valid
96 driver license at the time of vehicle pickup and one of the
97 following conditions are met:
98 1. Notwithstanding any provision of law to the contrary,
99 any conditions provided in s. 316.193(6)(e), (f), (g), and (h).
100 2. The vehicle was, at the time of the violation, in the
101 care, custody, or control of another person; the vehicle owner
102 identifies that person in a statement made under oath; and a
103 witness observed the other person driving the vehicle and
104 corroborates the vehicle owner’s statement.
105 (c) All costs and fees for the impoundment or
106 immobilization, including the cost of notification, must be paid
107 by the owner of the motor vehicle or, if the motor vehicle is
108 leased or rented, by the person leasing or renting the motor
109 vehicle, unless the impoundment or immobilization order is
110 dismissed. All provisions of s. 713.78 shall apply.
111 (8) Notwithstanding the provisions of paragraph (7) any
112 motor vehicle involved in a violation of this section is deemed
113 to be contraband, which may be seized by a law enforcement
114 agency and is subject to forfeiture pursuant to ss. 932.701 –
115 932.704. Any vehicle not required to be titled under the laws of
116 this state is presumed to be the property of the person in
117 possession of the vehicle.
118 Section 2. Paragraphs (d), (e), and (f) of subsection (3)
119 of section 921.0022, Florida Statutes, as amended by s. s.24,
120 ch. 2025-1, Laws of Florida, are amended to read:
121 921.0022 Criminal Punishment Code; offense severity ranking
122 chart.—
123 (3) OFFENSE SEVERITY RANKING CHART
124
125 (d) LEVEL 4
126
127
128 FloridaStatute FelonyDegree Description
129 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
130 316.1935(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.
131 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
132 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
133 517.07(1) 3rd Failure to register securities.
134 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
135 784.031 3rd Battery by strangulation.
136 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
137 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
138 784.075 3rd Battery on detention or commitment facility staff.
139 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
140 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
141 784.081(3) 3rd Battery on specified official or employee.
142 784.082(3) 3rd Battery by detained person on visitor or other detainee.
143 784.083(3) 3rd Battery on code inspector.
144 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
145 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
146 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
147 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
148 787.07 3rd Human smuggling.
149 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
150 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
151 790.115(2)(c) 3rd Possessing firearm on school property.
152 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
153 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
154 806.135 2nd Destroying or demolishing a memorial or historic property.
155 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
156 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
157 810.06 3rd Burglary; possession of tools.
158 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
159 810.145(3)(b) 3rd Digital voyeurism dissemination.
160 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
161 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
162 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
163 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions.
164 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
165 817.505(4)(a) 3rd Patient brokering.
166 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
167 817.568(2)(a) 3rd Fraudulent use of personal identification information.
168 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
169 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
170 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
171 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
172 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
173 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
174 837.02(1) 3rd Perjury in official proceedings.
175 837.021(1) 3rd Make contradictory statements in official proceedings.
176 838.022 3rd Official misconduct.
177 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
178 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
179 843.021 3rd Possession of a concealed handcuff key by a person in custody.
180 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
181 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
182 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
183 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
184 870.01(3) 2nd Aggravated rioting.
185 870.01(5) 2nd Aggravated inciting a riot.
186 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
187 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
188 914.14(2) 3rd Witnesses accepting bribes.
189 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
190 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
191 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
192 918.12 3rd Tampering with jurors.
193 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
194 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
195 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
196
197 (e) LEVEL 5
198
199
200 FloridaStatute FelonyDegree Description
201 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
202 316.1935(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.
203 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
204 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
205 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
206 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
207 379.365(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.
208 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
209 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
210 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
211 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
212 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
213 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
214 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
215 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
216 790.01(3) 3rd Unlawful carrying of a concealed firearm.
217 790.162 2nd Threat to throw or discharge destructive device.
218 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
219 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
220 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
221 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
222 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
223 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
224 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
225 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
226 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
227 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
228 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
229 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
230 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
231 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
232 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
233 812.019(1) 2nd Stolen property; dealing in or trafficking in.
234 812.081(3) 2nd Trafficking in trade secrets.
235 812.131(2)(b) 3rd Robbery by sudden snatching.
236 812.16(2) 3rd Owning, operating, or conducting a chop shop.
237 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
238 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
239 817.2341(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.
240 817.568(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.
241 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
242 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
243 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
244 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
245 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
246 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
247 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
248 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
249 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
250 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
251 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
252 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
253 893.13(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)5. drugs).
254 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
255 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
256 893.13(1)(e)2. 2nd Sell, 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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
257 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
258 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
259 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
260
261 (f) LEVEL 6
262
263
264 FloridaStatute FelonyDegree Description
265 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
266 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
267 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
268 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
269 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
270 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
271 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
272 775.0875(1) 3rd Taking firearm from law enforcement officer.
273 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
274 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
275 784.041 3rd Felony battery; domestic battery by strangulation.
276 784.048(3) 3rd Aggravated stalking; credible threat.
277 784.048(5) 3rd Aggravated stalking of person under 16.
278 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
279 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
280 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
281 784.081(2) 2nd Aggravated assault on specified official or employee.
282 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
283 784.083(2) 2nd Aggravated assault on code inspector.
284 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
285 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
286 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
287 790.164(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.
288 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
289 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
290 794.05(1) 2nd Unlawful sexual activity with specified minor.
291 800.04(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.
292 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
293 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
294 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
295 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense.
296 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
297 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
298 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
299 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
300 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others.
301 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
302 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform.
303 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
304 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
305 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
306 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
307 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
308 825.102(1) 3rd Abuse of an elderly person or disabled adult.
309 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
310 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
311 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
312 827.03(2)(c) 3rd Abuse of a child.
313 827.03(2)(d) 3rd Neglect of a child.
314 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
315 828.126(3) 3rd Sexual activities involving animals.
316 836.05 2nd Threats; extortion.
317 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
318 843.12 3rd Aids or assists person to escape.
319 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
320 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
321 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
322 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
323 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
324 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
325 944.35(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.
326 944.40 2nd Escapes.
327 944.46 3rd Harboring, concealing, aiding escaped prisoners.
328 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
329 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
330
331 Section 3. Paragraph (b) of subsection (1) of section
332 921.0024, Florida Statutes, is amended to read:
333 921.0024 Criminal Punishment Code; worksheet computations;
334 scoresheets.—
335 (1)
336 (b) WORKSHEET KEY:
337 Legal status points are assessed when any form of legal status
338 existed at the time the offender committed an offense before the
339 court for sentencing. Four (4) sentence points are assessed for
340 an offender’s legal status.
341 Community sanction violation points are assessed when a
342 community sanction violation is before the court for sentencing.
343 Six (6) sentence points are assessed for each community sanction
344 violation and each successive community sanction violation,
345 unless any of the following apply:
346 1. If the community sanction violation includes a new
347 felony conviction before the sentencing court, twelve (12)
348 community sanction violation points are assessed for the
349 violation, and for each successive community sanction violation
350 involving a new felony conviction.
351 2. If the community sanction violation is committed by a
352 violent felony offender of special concern as defined in s.
353 948.06:
354 a. Twelve (12) community sanction violation points are
355 assessed for the violation and for each successive violation of
356 felony probation or community control where:
357 I. The violation does not include a new felony conviction;
358 and
359 II. The community sanction violation is not based solely on
360 the probationer or offender’s failure to pay costs or fines or
361 make restitution payments.
362 b. Twenty-four (24) community sanction violation points are
363 assessed for the violation and for each successive violation of
364 felony probation or community control where the violation
365 includes a new felony conviction.
366 Multiple counts of community sanction violations before the
367 sentencing court shall not be a basis for multiplying the
368 assessment of community sanction violation points.
369 Prior serious felony points: If the offender has a primary
370 offense or any additional offense ranked in level 8, level 9, or
371 level 10, and one or more prior serious felonies, a single
372 assessment of thirty (30) points shall be added. For purposes of
373 this section, a prior serious felony is an offense in the
374 offender’s prior record that is ranked in level 8, level 9, or
375 level 10 under s. 921.0022 or s. 921.0023 and for which the
376 offender is serving a sentence of confinement, supervision, or
377 other sanction or for which the offender’s date of release from
378 confinement, supervision, or other sanction, whichever is later,
379 is within 3 years before the date the primary offense or any
380 additional offense was committed.
381 Prior capital felony points: If the offender has one or more
382 prior capital felonies in the offender’s criminal record, points
383 shall be added to the subtotal sentence points of the offender
384 equal to twice the number of points the offender receives for
385 the primary offense and any additional offense. A prior capital
386 felony in the offender’s criminal record is a previous capital
387 felony offense for which the offender has entered a plea of nolo
388 contendere or guilty or has been found guilty; or a felony in
389 another jurisdiction which is a capital felony in that
390 jurisdiction, or would be a capital felony if the offense were
391 committed in this state.
392 Possession of a firearm, semiautomatic firearm, or machine gun:
393 If the offender is convicted of committing or attempting to
394 commit any felony other than those enumerated in s. 775.087(2)
395 while having in his or her possession: a firearm as defined in
396 s. 790.001, an additional eighteen (18) sentence points are
397 assessed; or if the offender is convicted of committing or
398 attempting to commit any felony other than those enumerated in
399 s. 775.087(3) while having in his or her possession a
400 semiautomatic firearm as defined in s. 775.087(3) or a machine
401 gun as defined in s. 790.001, an additional twenty-five (25)
402 sentence points are assessed.
403 Sentencing multipliers:
404 Drug trafficking: If the primary offense is drug trafficking
405 under s. 893.135, the subtotal sentence points are multiplied,
406 at the discretion of the court, for a level 7 or level 8
407 offense, by 1.5. The state attorney may move the sentencing
408 court to reduce or suspend the sentence of a person convicted of
409 a level 7 or level 8 offense, if the offender provides
410 substantial assistance as described in s. 893.135(4).
411 Violent offenses committed against specified justice system
412 personnel: If the primary offense is a violation of s.
413 775.0823(2), (3), or (4), the subtotal sentence points are
414 multiplied by 2.5. If the primary offense is a violation of s.
415 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
416 are multiplied by 2.0. If the primary offense is a violation of
417 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
418 subtotal sentence points are multiplied by 1.5.
419 Grand theft of a motor vehicle: If the primary offense is grand
420 theft of the third degree involving a motor vehicle and in the
421 offender’s prior record, there are three or more grand thefts of
422 the third degree involving a motor vehicle, the subtotal
423 sentence points are multiplied by 1.5.
424
425 Fleeing or attempting to elude a law enforcement officer: If the
426 primary offense is fleeing or attempting to elude a law
427 enforcement officer or aggravated fleeing or eluding in
428 violation of s. 316.1935, and in the offender’s prior record,
429 there is one or more violation of s. 316.1935, the subtotal
430 sentence points are multiplied by 1.5.
431
432 Offense related to a criminal gang: If the offender is convicted
433 of the primary offense and committed that offense for the
434 purpose of benefiting, promoting, or furthering the interests of
435 a criminal gang as defined in s. 874.03, the subtotal sentence
436 points are multiplied by 1.5. If applying the multiplier results
437 in the lowest permissible sentence exceeding the statutory
438 maximum sentence for the primary offense under chapter 775, the
439 court may not apply the multiplier and must sentence the
440 defendant to the statutory maximum sentence.
441 Domestic violence in the presence of a child: If the offender is
442 convicted of the primary offense and the primary offense is a
443 crime of domestic violence, as defined in s. 741.28, which was
444 committed in the presence of a child under 16 years of age who
445 is a family or household member as defined in s. 741.28(3) with
446 the victim or perpetrator, the subtotal sentence points are
447 multiplied by 1.5.
448 Adult-on-minor sex offense: If the offender was 18 years of
449 age or older and the victim was younger than 18 years of age at
450 the time the offender committed the primary offense, and if the
451 primary offense was an offense committed on or after October 1,
452 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
453 violation involved a victim who was a minor and, in the course
454 of committing that violation, the defendant committed a sexual
455 battery under chapter 794 or a lewd act under s. 800.04 or s.
456 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
457 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
458 800.04; or s. 847.0135(5), the subtotal sentence points are
459 multiplied by 2.0. If applying the multiplier results in the
460 lowest permissible sentence exceeding the statutory maximum
461 sentence for the primary offense under chapter 775, the court
462 may not apply the multiplier and must sentence the defendant to
463 the statutory maximum sentence.
464 Section 4. This act shall take effect on October 1, 2025.
465
466 ================= T I T L E A M E N D M E N T ================
467 And the title is amended as follows:
468 Delete everything before the enacting clause
469 and insert:
470 A bill to be entitled
471 An act relating to fleeing or attempting to elude a
472 law enforcement officer; amending s. 316.1935, F.S.;
473 revising the law enforcement vehicle marking
474 requirements for specified offenses; providing for
475 impoundment of vehicles; amending s. 921.0022, F.S.;
476 reclassifying offenses for purposes of the offense
477 severity ranking chart of the Criminal Punishment
478 Code; amending s. 921.0024, F.S.; providing a
479 sentencing multiplier for specified offenses;
480 providing an effective date.