Florida Senate - 2025 CS for SB 468
By the Committee on Criminal Justice; and Senator Collins
591-02828-25 2025468c1
1 A bill to be entitled
2 An act relating to fleeing or attempting to elude a
3 law enforcement officer; amending s. 316.1935, F.S.;
4 revising the law enforcement patrol vehicle marking
5 requirements for specified offenses; authorizing the
6 impoundment of a motor vehicle involved in certain
7 violations for a specified period; specifying
8 requirements for such impoundment; amending s.
9 921.0022, F.S.; reclassifying offenses for purposes of
10 the offense severity ranking chart of the Criminal
11 Punishment Code; amending s. 921.0024, F.S.; providing
12 a sentencing multiplier for specified offenses;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsections (2), (3), (4), and (7) of section
18 316.1935, Florida Statutes, are amended, subsection (8) is added
19 to that section, and subsection (1) of that section is
20 republished, to read:
21 316.1935 Fleeing or attempting to elude a law enforcement
22 officer; aggravated fleeing or eluding.—
23 (1) It is unlawful for the operator of any vehicle, having
24 knowledge that he or she has been ordered to stop such vehicle
25 by a duly authorized law enforcement officer, willfully to
26 refuse or fail to stop the vehicle in compliance with such order
27 or, having stopped in knowing compliance with such order,
28 willfully to flee in an attempt to elude the officer, and a
29 person who violates this subsection commits a felony of the
30 third degree, punishable as provided in s. 775.082, s. 775.083,
31 or s. 775.084.
32 (2) Any person who willfully flees or attempts to elude a
33 law enforcement officer in an authorized law enforcement patrol
34 vehicle, with agency insignia and other jurisdictional markings
35 prominently displayed on the vehicle, with siren and lights
36 activated commits a felony of the third degree, punishable as
37 provided in s. 775.082, s. 775.083, or s. 775.084.
38 (3) Any person who willfully flees or attempts to elude a
39 law enforcement officer in an authorized law enforcement patrol
40 vehicle, with agency insignia and other jurisdictional markings
41 prominently displayed on the vehicle, with siren and lights
42 activated, and during the course of the fleeing or attempted
43 eluding:
44 (a) Drives at high speed, or in any manner which
45 demonstrates a wanton disregard for the safety of persons or
46 property, commits a felony of the second degree, punishable as
47 provided in s. 775.082, s. 775.083, or s. 775.084.
48 (b) Drives at high speed, or in any manner which
49 demonstrates a wanton disregard for the safety of persons or
50 property, and causes serious bodily injury or death to another
51 person, including any law enforcement officer involved in
52 pursuing or otherwise attempting to effect a stop of the
53 person’s vehicle, commits a felony of the first degree,
54 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
55 Notwithstanding any other provision of law, the court shall
56 sentence any person convicted of committing the offense
57 described in this paragraph to a mandatory minimum sentence of 3
58 years imprisonment. Nothing in This paragraph does not shall
59 prevent a court from imposing a greater sentence of
60 incarceration as authorized by law.
61 (4) Any person who, in the course of unlawfully leaving or
62 attempting to leave the scene of a crash in violation of s.
63 316.027 or s. 316.061, having knowledge of an order to stop by a
64 duly authorized law enforcement officer, willfully refuses or
65 fails to stop in compliance with such an order, or having
66 stopped in knowing compliance with such order, willfully flees
67 in an attempt to elude such officer and, as a result of such
68 fleeing or eluding:
69 (a) Causes injury to another person or causes damage to any
70 property belonging to another person, commits aggravated fleeing
71 or eluding, a felony of the second degree, punishable as
72 provided in s. 775.082, s. 775.083, or s. 775.084.
73 (b) Causes serious bodily injury or death to another
74 person, including any law enforcement officer involved in
75 pursuing or otherwise attempting to effect a stop of the
76 person’s vehicle, commits aggravated fleeing or eluding with
77 serious bodily injury or death, a felony of the first degree,
78 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
79
80 The felony of aggravated fleeing or eluding and the felony of
81 aggravated fleeing or eluding with serious bodily injury or
82 death constitute separate offenses for which a person may be
83 charged, in addition to the offenses under ss. 316.027 and
84 316.061, relating to unlawfully leaving the scene of a crash,
85 which the person had been in the course of committing or
86 attempting to commit when the order to stop was given.
87 Notwithstanding any other provision of law, the court shall
88 sentence any person convicted of committing aggravated fleeing
89 or eluding with serious bodily injury or death to a mandatory
90 minimum sentence of 3 years imprisonment. Nothing in This
91 subsection does not shall prevent a court from imposing a
92 greater sentence of incarceration as authorized by law.
93 (7) Any motor vehicle involved in a violation of this
94 section may be impounded for a period of 30 business days. The
95 impounding law enforcement agency shall make a diligent effort
96 to notify the registered owner of the impoundment. The law
97 enforcement officer shall notify the department of any
98 impoundment for violation of this section in accordance with
99 procedures established by the department.
100 (a) A warrant is required to impound a vehicle from a
101 constitutionally protected area.
102 (b) The impounding law enforcement agency must release an
103 impounded motor vehicle if the owner or the owner’s agent
104 presents a valid driver license at the time of vehicle pickup
105 and one of the following conditions is met:
106 1. Notwithstanding any provision to the contrary, any
107 conditions provided in s. 316.193(6)(e)-(h).
108 2. The vehicle was, at the time of the violation, in the
109 care, custody, or control of another person, the vehicle owner
110 identifies that person in a statement made under oath, and a
111 witness observed the other person driving the vehicle and
112 corroborates the vehicle owner’s statement.
113 (c) All costs and fees for impoundment or immobilization,
114 including the cost of notification, must be paid by the owner of
115 the motor vehicle or, if the motor vehicle is leased or rented,
116 by the person leasing or renting the motor vehicle, unless the
117 impoundment or immobilization order is dismissed. All provisions
118 of s. 713.78 shall apply.
119 (8) Notwithstanding subsection (7), any motor vehicle
120 involved in a violation of this section is deemed to be
121 contraband, which may be seized by a law enforcement agency and
122 is subject to forfeiture pursuant to ss. 932.701-932.704. Any
123 vehicle not required to be titled under the laws of this state
124 is presumed to be the property of the person in possession of
125 the vehicle.
126 Section 2. Paragraphs (d), (e), and (f) of subsection (3)
127 of section 921.0022, Florida Statutes, as amended by section 24
128 of chapter 2025-1, Laws of Florida, are amended to read:
129 921.0022 Criminal Punishment Code; offense severity ranking
130 chart.—
131 (3) OFFENSE SEVERITY RANKING CHART
132
133 (d) LEVEL 4
134
135
136 FloridaStatute FelonyDegree Description
137 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
138 316.1935(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.
139 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
140 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
141 517.07(1) 3rd Failure to register securities.
142 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
143 784.031 3rd Battery by strangulation.
144 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
145 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
146 784.075 3rd Battery on detention or commitment facility staff.
147 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
148 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
149 784.081(3) 3rd Battery on specified official or employee.
150 784.082(3) 3rd Battery by detained person on visitor or other detainee.
151 784.083(3) 3rd Battery on code inspector.
152 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
153 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
154 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
155 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
156 787.07 3rd Human smuggling.
157 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
158 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
159 790.115(2)(c) 3rd Possessing firearm on school property.
160 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
161 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
162 806.135 2nd Destroying or demolishing a memorial or historic property.
163 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
164 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
165 810.06 3rd Burglary; possession of tools.
166 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
167 810.145(3)(b) 3rd Digital voyeurism dissemination.
168 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
169 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
170 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
171 812.014(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.
172 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
173 817.505(4)(a) 3rd Patient brokering.
174 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
175 817.568(2)(a) 3rd Fraudulent use of personal identification information.
176 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
177 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
178 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
179 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
180 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
181 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
182 837.02(1) 3rd Perjury in official proceedings.
183 837.021(1) 3rd Make contradictory statements in official proceedings.
184 838.022 3rd Official misconduct.
185 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
186 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
187 843.021 3rd Possession of a concealed handcuff key by a person in custody.
188 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
189 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
190 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
191 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
192 870.01(3) 2nd Aggravated rioting.
193 870.01(5) 2nd Aggravated inciting a riot.
194 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
195 893.13(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).
196 914.14(2) 3rd Witnesses accepting bribes.
197 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
198 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
199 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
200 918.12 3rd Tampering with jurors.
201 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
202 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
203 951.22(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.
204
205 (e) LEVEL 5
206
207
208 FloridaStatute FelonyDegree Description
209 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
210 316.1935(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.
211 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
212 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
213 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
214 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
215 379.365(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.
216 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
217 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
218 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
219 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
220 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
221 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
222 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
223 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
224 790.01(3) 3rd Unlawful carrying of a concealed firearm.
225 790.162 2nd Threat to throw or discharge destructive device.
226 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
227 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
228 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
229 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
230 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
231 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
232 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
233 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
234 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
235 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
236 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
237 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
238 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
239 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
240 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
241 812.019(1) 2nd Stolen property; dealing in or trafficking in.
242 812.081(3) 2nd Trafficking in trade secrets.
243 812.131(2)(b) 3rd Robbery by sudden snatching.
244 812.16(2) 3rd Owning, operating, or conducting a chop shop.
245 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
246 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
247 817.2341(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.
248 817.568(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.
249 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
250 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
251 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
252 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
253 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
254 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
255 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
256 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
257 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
258 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
259 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
260 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
261 893.13(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).
262 893.13(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.
263 893.13(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.
264 893.13(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.
265 893.13(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.
266 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
267 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
268
269 (f) LEVEL 6
270
271
272 FloridaStatute FelonyDegree Description
273 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
274 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
275 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
276 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
277 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
278 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
279 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
280 775.0875(1) 3rd Taking firearm from law enforcement officer.
281 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
282 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
283 784.041 3rd Felony battery; domestic battery by strangulation.
284 784.048(3) 3rd Aggravated stalking; credible threat.
285 784.048(5) 3rd Aggravated stalking of person under 16.
286 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
287 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
288 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
289 784.081(2) 2nd Aggravated assault on specified official or employee.
290 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
291 784.083(2) 2nd Aggravated assault on code inspector.
292 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
293 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
294 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
295 790.164(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.
296 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
297 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
298 794.05(1) 2nd Unlawful sexual activity with specified minor.
299 800.04(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.
300 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
301 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
302 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
303 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense.
304 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
305 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
306 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
307 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
308 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others.
309 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
310 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform.
311 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
312 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
313 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
314 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
315 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
316 825.102(1) 3rd Abuse of an elderly person or disabled adult.
317 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
318 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
319 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
320 827.03(2)(c) 3rd Abuse of a child.
321 827.03(2)(d) 3rd Neglect of a child.
322 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
323 828.126(3) 3rd Sexual activities involving animals.
324 836.05 2nd Threats; extortion.
325 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
326 843.12 3rd Aids or assists person to escape.
327 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
328 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
329 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
330 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
331 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
332 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
333 944.35(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.
334 944.40 2nd Escapes.
335 944.46 3rd Harboring, concealing, aiding escaped prisoners.
336 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
337 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
338
339 Section 3. Paragraph (b) of subsection (1) of section
340 921.0024, Florida Statutes, is amended to read:
341 921.0024 Criminal Punishment Code; worksheet computations;
342 scoresheets.—
343 (1)
344 (b) WORKSHEET KEY:
345
346 Legal status points are assessed when any form of legal status
347 existed at the time the offender committed an offense before the
348 court for sentencing. Four (4) sentence points are assessed for
349 an offender’s legal status.
350
351 Community sanction violation points are assessed when a
352 community sanction violation is before the court for sentencing.
353 Six (6) sentence points are assessed for each community sanction
354 violation and each successive community sanction violation,
355 unless any of the following apply:
356 1. If the community sanction violation includes a new
357 felony conviction before the sentencing court, twelve (12)
358 community sanction violation points are assessed for the
359 violation, and for each successive community sanction violation
360 involving a new felony conviction.
361 2. If the community sanction violation is committed by a
362 violent felony offender of special concern as defined in s.
363 948.06:
364 a. Twelve (12) community sanction violation points are
365 assessed for the violation and for each successive violation of
366 felony probation or community control where:
367 I. The violation does not include a new felony conviction;
368 and
369 II. The community sanction violation is not based solely on
370 the probationer or offender’s failure to pay costs or fines or
371 make restitution payments.
372 b. Twenty-four (24) community sanction violation points are
373 assessed for the violation and for each successive violation of
374 felony probation or community control where the violation
375 includes a new felony conviction.
376
377 Multiple counts of community sanction violations before the
378 sentencing court shall not be a basis for multiplying the
379 assessment of community sanction violation points.
380
381 Prior serious felony points: If the offender has a primary
382 offense or any additional offense ranked in level 8, level 9, or
383 level 10, and one or more prior serious felonies, a single
384 assessment of thirty (30) points shall be added. For purposes of
385 this section, a prior serious felony is an offense in the
386 offender’s prior record that is ranked in level 8, level 9, or
387 level 10 under s. 921.0022 or s. 921.0023 and for which the
388 offender is serving a sentence of confinement, supervision, or
389 other sanction or for which the offender’s date of release from
390 confinement, supervision, or other sanction, whichever is later,
391 is within 3 years before the date the primary offense or any
392 additional offense was committed.
393
394 Prior capital felony points: If the offender has one or more
395 prior capital felonies in the offender’s criminal record, points
396 shall be added to the subtotal sentence points of the offender
397 equal to twice the number of points the offender receives for
398 the primary offense and any additional offense. A prior capital
399 felony in the offender’s criminal record is a previous capital
400 felony offense for which the offender has entered a plea of nolo
401 contendere or guilty or has been found guilty; or a felony in
402 another jurisdiction which is a capital felony in that
403 jurisdiction, or would be a capital felony if the offense were
404 committed in this state.
405
406 Possession of a firearm, semiautomatic firearm, or machine gun:
407 If the offender is convicted of committing or attempting to
408 commit any felony other than those enumerated in s. 775.087(2)
409 while having in his or her possession: a firearm as defined in
410 s. 790.001, an additional eighteen (18) sentence points are
411 assessed; or if the offender is convicted of committing or
412 attempting to commit any felony other than those enumerated in
413 s. 775.087(3) while having in his or her possession a
414 semiautomatic firearm as defined in s. 775.087(3) or a machine
415 gun as defined in s. 790.001, an additional twenty-five (25)
416 sentence points are assessed.
417
418 Sentencing multipliers:
419
420 Drug trafficking: If the primary offense is drug trafficking
421 under s. 893.135, the subtotal sentence points are multiplied,
422 at the discretion of the court, for a level 7 or level 8
423 offense, by 1.5. The state attorney may move the sentencing
424 court to reduce or suspend the sentence of a person convicted of
425 a level 7 or level 8 offense, if the offender provides
426 substantial assistance as described in s. 893.135(4).
427 Violent offenses committed against specified justice system
428 personnel: If the primary offense is a violation of s.
429 775.0823(2), (3), or (4), the subtotal sentence points are
430 multiplied by 2.5. If the primary offense is a violation of s.
431 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
432 are multiplied by 2.0. If the primary offense is a violation of
433 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
434 subtotal sentence points are multiplied by 1.5.
435
436 Grand theft of a motor vehicle: If the primary offense is grand
437 theft of the third degree involving a motor vehicle and, in the
438 offender’s prior record, there are three or more grand thefts of
439 the third degree involving a motor vehicle, the subtotal
440 sentence points are multiplied by 1.5.
441
442 Fleeing or attempting to elude a law enforcement officer: If the
443 primary offense is fleeing or attempting to elude a law
444 enforcement officer or aggravated fleeing or eluding in
445 violation of s. 316.1935 and, in the offender’s prior record,
446 there is one or more violations of s. 316.1935, the subtotal
447 sentence points are multiplied by 1.5.
448
449 Offense related to a criminal gang: If the offender is convicted
450 of the primary offense and committed that offense for the
451 purpose of benefiting, promoting, or furthering the interests of
452 a criminal gang as defined in s. 874.03, the subtotal sentence
453 points are multiplied by 1.5. If applying the multiplier results
454 in the lowest permissible sentence exceeding the statutory
455 maximum sentence for the primary offense under chapter 775, the
456 court may not apply the multiplier and must sentence the
457 defendant to the statutory maximum sentence.
458
459 Domestic violence in the presence of a child: If the offender is
460 convicted of the primary offense and the primary offense is a
461 crime of domestic violence, as defined in s. 741.28, which was
462 committed in the presence of a child under 16 years of age who
463 is a family or household member as defined in s. 741.28(3) with
464 the victim or perpetrator, the subtotal sentence points are
465 multiplied by 1.5.
466
467 Adult-on-minor sex offense: If the offender was 18 years of age
468 or older and the victim was younger than 18 years of age at the
469 time the offender committed the primary offense, and if the
470 primary offense was an offense committed on or after October 1,
471 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
472 violation involved a victim who was a minor and, in the course
473 of committing that violation, the defendant committed a sexual
474 battery under chapter 794 or a lewd act under s. 800.04 or s.
475 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
476 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
477 800.04; or s. 847.0135(5), the subtotal sentence points are
478 multiplied by 2.0. If applying the multiplier results in the
479 lowest permissible sentence exceeding the statutory maximum
480 sentence for the primary offense under chapter 775, the court
481 may not apply the multiplier and must sentence the defendant to
482 the statutory maximum sentence.
483 Section 4. This act shall take effect October 1, 2025.