Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 398
Ì780652)Î780652
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
12/09/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Criminal Justice (Leek) recommended the
following:
1 Senate Amendment (with directory and title amendments)
2
3 Between lines 474 and 475
4 insert:
5 (e) LEVEL 5
6
7 FloridaStatute FelonyDegree Description
8 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
9 316.1935(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.
10 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
11 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
12 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
13 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
14 379.365(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.
15 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
16 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
17 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
18 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
19 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
20 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
21 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
22 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
23 790.01(3) 3rd Unlawful carrying of a concealed firearm.
24 790.162 2nd Threat to throw or discharge destructive device.
25 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
26 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
27 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
28 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
29 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
30 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
31 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
32 810.145(4) 3rd Commercial digital voyeurism dissemination.
33 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
34 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
35 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
36 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
37 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
38 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
39 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
40 812.019(1) 2nd Stolen property; dealing in or trafficking in.
41 812.081(3) 2nd Trafficking in trade secrets.
42 812.131(2)(b) 3rd Robbery by sudden snatching.
43 812.16(2) 3rd Owning, operating, or conducting a chop shop.
44 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
45 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
46 817.2341(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.
47 817.568(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.
48 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
49 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
50 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
51 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
52 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
53 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
54 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
55 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
56 847.0137 (2) & (3) 3rd Transmission of child sexual abuse material pornography by electronic device or equipment.
57 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
58 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
59 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
60 893.13(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).
61 893.13(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.
62 893.13(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.
63 893.13(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.
64 893.13(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.
65 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
66 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
67
68
69 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
70 And the directory clause is amended as follows:
71 Delete line 470
72 and insert:
73 Section 17. Paragraphs (e), (f), and (g) of subsection (3)
74 of
75
76 ================= T I T L E A M E N D M E N T ================
77 And the title is amended as follows:
78 Delete lines 5 - 8
79 and insert:
80 847.002, 847.01357, 847.0139, 903.011, 948.06, 960.03,
81 and 960.197, F.S.; replacing the term “child
82 pornography” with the term “child sexual abuse
83 material”; amending ss. 847.0137 and 921.0022, F.S.;
84 replacing the