| 1 | A bill to be entitled |
| 2 | An act relating to theft offenses; amending s. |
| 3 | 812.0145, F.S.; revising the values used in the |
| 4 | classification of thefts from persons age 65 or older; |
| 5 | providing penalties; amending s. 817.034, F.S.; |
| 6 | providing a more severe ranking under the Criminal |
| 7 | Punishment Code for specified communications fraud |
| 8 | violations involving victims age 65 or older; amending |
| 9 | s. 775.0844, F.S.; providing minimum mandatory |
| 10 | sentences for specified white collar crime offenses; |
| 11 | providing additional minimum mandatory sentences for |
| 12 | certain offenses based on the number of victims; |
| 13 | amending s. 921.0022, F.S.; conforming provisions of |
| 14 | the Offense Severity Ranking Chart of the Criminal |
| 15 | Punishment Code to changes made by the act; providing |
| 16 | an effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. Subsection (2) of section 812.0145, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 812.0145 Theft from persons 65 years of age or older; |
| 23 | reclassification of offenses.- |
| 24 | (2) Whenever a person is charged with committing theft |
| 25 | from a person 65 years of age or older, when he or she knows or |
| 26 | has reason to believe that the victim was 65 years of age or |
| 27 | older, the offense for which the person is charged shall be |
| 28 | reclassified as follows: |
| 29 | (a) If the funds, assets, or property involved in the |
| 30 | theft from a person 65 years of age or older is valued at |
| 31 | $20,000 $50,000 or more, the offender commits a felony of the |
| 32 | first degree, punishable as provided in s. 775.082, s. 775.083, |
| 33 | or s. 775.084. |
| 34 | (b) If the funds, assets, or property involved in the |
| 35 | theft from a person 65 years of age or older is valued at $5,000 |
| 36 | $10,000 or more, but less than $20,000 $50,000, the offender |
| 37 | commits a felony of the second degree, punishable as provided in |
| 38 | s. 775.082, s. 775.083, or s. 775.084. |
| 39 | (c) If the funds, assets, or property involved in the |
| 40 | theft from a person 65 years of age or older is valued at $300 |
| 41 | or more, but less than $5,000 $10,000, the offender commits a |
| 42 | felony of the third degree, punishable as provided in s. |
| 43 | 775.082, s. 775.083, or s. 775.084. |
| 44 | Section 2. Paragraph (a) of subsection (4) of section |
| 45 | 817.034, Florida Statutes, is amended to read: |
| 46 | 817.034 Florida Communications Fraud Act.- |
| 47 | (4) OFFENSES.- |
| 48 | (a) Any person who engages in a scheme to defraud and |
| 49 | obtains property thereby commits is guilty of organized fraud, |
| 50 | punishable as follows: |
| 51 | 1. If the amount of property obtained has an aggregate |
| 52 | value of $50,000 or more, the violator commits is guilty of a |
| 53 | felony of the first degree, punishable as provided in s. |
| 54 | 775.082, s. 775.083, or s. 775.084. |
| 55 | 2. If the amount of property obtained has an aggregate |
| 56 | value of $20,000 or more, but less than $50,000, the violator |
| 57 | commits is guilty of a felony of the second degree, punishable |
| 58 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 59 | 3. If the amount of property obtained has an aggregate |
| 60 | value of less than $20,000, the violator commits is guilty of a |
| 61 | felony of the third degree, punishable as provided in s. |
| 62 | 775.082, s. 775.083, or s. 775.084. |
| 63 |
|
| 64 | For purposes of sentencing under chapter 921, a felony offense |
| 65 | under this paragraph committed against a victim who is 65 years |
| 66 | of age or older is ranked two levels above the ranking under the |
| 67 | Criminal Punishment Code of a grand theft violation of s. |
| 68 | 812.014 involving the same value. |
| 69 | Section 3. Section 775.0844, Florida Statutes, is amended |
| 70 | to read: |
| 71 | 775.0844 White Collar Crime Victim Protection Act.- |
| 72 | (1) This section may be cited as the "White Collar Crime |
| 73 | Victim Protection Act." |
| 74 | (2) Due to the frequency with which victims, particularly |
| 75 | elderly victims, are deceived and cheated by criminals who |
| 76 | commit nonviolent frauds and swindles, frequently through the |
| 77 | use of the Internet and other electronic technology and |
| 78 | frequently causing the loss of substantial amounts of property, |
| 79 | it is the intent of the Legislature to enhance the sanctions |
| 80 | imposed for nonviolent frauds and swindles, protect the public's |
| 81 | property, and assist in prosecuting white collar criminals. |
| 82 | (3) As used in this section, "white collar crime" means: |
| 83 | (a) The commission of, or a conspiracy to commit, any |
| 84 | felony offense specified in: |
| 85 | 1. Chapter 560, relating to the Money Transmitters' Code. |
| 86 | 2. Chapter 812, relating to theft, robbery, and related |
| 87 | crimes. |
| 88 | 3. Chapter 815, relating to computer-related crimes. |
| 89 | 4. Chapter 817, relating to fraudulent practices. |
| 90 | 5. Chapter 825, relating to abuse, neglect, and |
| 91 | exploitation of elderly persons and disabled adults. |
| 92 | 6. Chapter 831, relating to forgery and counterfeiting. |
| 93 | 7. Chapter 832, relating to the issuance of worthless |
| 94 | checks and drafts. |
| 95 | 8. Chapter 838, relating to bribery and misuse of public |
| 96 | office. |
| 97 | 9. Chapter 839, relating to offenses by public officers |
| 98 | and employees. |
| 99 | 10. Chapter 895, relating to offenses concerning |
| 100 | racketeering and illegal debts. |
| 101 | 11. Chapter 896, relating to offenses related to financial |
| 102 | transactions. |
| 103 | (b) A felony offense that is committed with intent to |
| 104 | defraud or that involves a conspiracy to defraud. |
| 105 | (c) A felony offense that is committed with intent to |
| 106 | temporarily or permanently deprive a person of his or her |
| 107 | property or that involves a conspiracy to temporarily or |
| 108 | permanently deprive a person of his or her property. |
| 109 | (d) A felony offense that involves or results in the |
| 110 | commission of fraud or deceit upon a person or that involves a |
| 111 | conspiracy to commit fraud or deceit upon a person. |
| 112 | (4) As used in this section, "aggravated white collar |
| 113 | crime" means engaging in at least two white collar crimes that |
| 114 | have the same or similar intents, results, accomplices, victims, |
| 115 | or methods of commission, or that are otherwise interrelated by |
| 116 | distinguishing characteristics and are not isolated incidents, |
| 117 | provided that at least one of such crimes occurred after the |
| 118 | effective date of this act. |
| 119 | (5) Any person who commits an aggravated white collar |
| 120 | crime as defined in this section and in so doing either: |
| 121 | (a) Victimizes 10 or more elderly persons, as defined in |
| 122 | s. 825.101(5); |
| 123 | (b) Victimizes 20 or more persons, as defined in s. 1.01; |
| 124 | or |
| 125 | (c) Victimizes the State of Florida, any state agency, any |
| 126 | of the state's political subdivisions, or any agency of the |
| 127 | state's political subdivisions, |
| 128 |
|
| 129 | and thereby obtains or attempts to obtain $50,000 or more, |
| 130 | commits a felony of the first degree, punishable as provided in |
| 131 | s. 775.082, s. 775.083, or s. 775.084. Except as otherwise |
| 132 | provided in this subsection, a person convicted of a violation |
| 133 | of paragraph (a) shall be sentenced to a mandatory minimum term |
| 134 | of imprisonment of 3 years. A person convicted of a violation of |
| 135 | paragraph (a) or paragraph (b) shall be sentenced to a mandatory |
| 136 | minimum term of imprisonment of 5 years if there were 20 or more |
| 137 | victims but fewer than 30 victims and a mandatory minimum term |
| 138 | of imprisonment of 10 years if there were 30 or more victims. |
| 139 | (6) Notwithstanding any other provision of chapter 921 or |
| 140 | any other law, an aggravated white collar crime shall be ranked |
| 141 | within the offense severity ranking chart at offense severity |
| 142 | level 9. |
| 143 | (7) In addition to a sentence otherwise authorized by law, |
| 144 | a person convicted of an aggravated white collar crime may pay a |
| 145 | fine of $500,000 or double the value of the pecuniary gain or |
| 146 | loss, whichever is greater. |
| 147 | (8) A person convicted of an aggravated white collar crime |
| 148 | under this section is liable for all court costs and shall pay |
| 149 | restitution to each victim of the crime, regardless of whether |
| 150 | the victim is named in the information or indictment. As used in |
| 151 | this subsection, "victim" means a person directly and |
| 152 | proximately harmed as a result of the commission of the offense |
| 153 | for which restitution may be ordered, including any person |
| 154 | directly harmed by the defendant's criminal conduct in the |
| 155 | course of the commission of the aggravated white collar crime. |
| 156 | The court shall hold a hearing to determine the identity of |
| 157 | qualifying victims and shall order the defendant to pay |
| 158 | restitution based on his or her ability to pay, in accordance |
| 159 | with this section and s. 775.089. |
| 160 | (a) The court shall make the payment of restitution a |
| 161 | condition of any probation granted to the defendant by the |
| 162 | court. Notwithstanding any other law, the court may order |
| 163 | continued probation for a defendant convicted under this section |
| 164 | for up to 10 years or until full restitution is made to the |
| 165 | victim, whichever occurs earlier. |
| 166 | (b) The court retains jurisdiction to enforce its order to |
| 167 | pay fines or restitution. The court may initiate proceedings |
| 168 | against a defendant for a violation of probation or for contempt |
| 169 | of court if the defendant willfully fails to comply with a |
| 170 | lawful order of the court. |
| 171 | Section 4. Paragraphs (c), (e), (f), and (g) of subsection |
| 172 | (3) of section 921.0022, Florida Statutes, are amended to read: |
| 173 | 921.0022 Criminal Punishment Code; offense severity |
| 174 | ranking chart.- |
| 175 | (3) OFFENSE SEVERITY RANKING CHART |
| 176 | (c) LEVEL 3 |
| 177 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 178 |
|
| | | 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
|
| 179 |
|
| | | 316.066 (3)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
|
| 180 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
|
| 181 |
|
| | | 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
|
| 182 |
|
| | | 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
|
| 183 |
|
| | | 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
|
| 184 |
|
| | | 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
|
| 185 |
|
| | | 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
|
| 186 |
|
| | | 327.35(2)(b) | 3rd | Felony BUI. |
|
| 187 |
|
| | | 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
|
| 188 |
|
| | | 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
|
| 189 |
|
| | | 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
|
| 190 |
|
| | | 379.2431 (1)(e)5. | 3rd | Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. |
|
| 191 |
|
| | | 379.2431 (1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
|
| 192 |
|
| | | 400.9935(4) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
|
| 193 |
|
| | | 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
|
| 194 |
|
| | | 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
|
| 195 |
|
| | | 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
|
| 196 |
|
| | | 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
|
| 197 |
|
| | | 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
|
| 198 |
|
| | | 697.08 | 3rd | Equity skimming. |
|
| 199 |
|
| | | 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
|
| 200 |
|
| | | 796.05(1) | 3rd | Live on earnings of a prostitute. |
|
| 201 |
|
| | | 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
|
| 202 |
|
| | | 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
|
| 203 |
|
| | | 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
|
| 204 |
|
| | | 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
|
| 205 |
|
| | | 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $5,000 $10,000. |
|
| 206 |
|
| | | 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
|
| 207 |
|
| | | 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications fraud; Act), property valued at less than $20,000. |
|
| 208 |
|
| | | 817.233 | 3rd | Burning to defraud insurer. |
|
| 209 |
|
| | | 817.234 (8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
|
| 210 |
|
| | | 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
|
| 211 |
|
| | | 817.236 | 3rd | Filing a false motor vehicle insurance application. |
|
| 212 |
|
| | | 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
|
| 213 |
|
| | | 817.413(2) | 3rd | Sale of used goods as new. |
|
| 214 |
|
| | | 817.505(4) | 3rd | Patient brokering. |
|
| 215 |
|
| | | 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
|
| 216 |
|
| | | 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
|
| 217 |
|
| | | 831.29 | 2nd | Possession of instruments for counterfeiting driver drivers' licenses or identification cards. |
|
| 218 |
|
| | | 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
|
| 219 |
|
| | | 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
|
| 220 |
|
| | | 860.15(3) | 3rd | Overcharging for repairs and parts. |
|
| 221 |
|
| | | 870.01(2) | 3rd | Riot; inciting or encouraging. |
|
| 222 |
|
| | | 893.13(1)(a)2. | 3rd | Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
|
| 223 |
|
| | | 893.13(1)(d)2. | 2nd | Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. |
|
| 224 |
|
| | | 893.13(1)(f)2. | 2nd | Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. |
|
| 225 |
|
| | | 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
|
| 226 |
|
| | | 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
|
| 227 |
|
| | | 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
|
| 228 |
|
| | | 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
|
| 229 |
|
| | | 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
|
| 230 |
|
| | | 893.13(8)(a)1. | 3rd | Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice. |
|
| 231 |
|
| | | 893.13(8)(a)2. | 3rd | Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. |
|
| 232 |
|
| | | 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
|
| 233 |
|
| | | 893.13(8)(a)4. | 3rd | Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. |
|
| 234 |
|
| | | 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
|
| 235 |
|
| | | 944.47 (1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
|
| 236 |
|
| | | 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
|
| 237 |
|
| | | 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
|
| 238 |
|
| 239 | (e) LEVEL 5 |
| 240 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 241 |
|
| | | 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
|
| 242 |
|
| | | 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
|
| 243 |
|
| | | 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
|
| 244 |
|
| | | 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
|
| 245 |
|
| | | 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
|
| 246 |
|
| | | 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
|
| 247 |
|
| | | 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
|
| 248 |
|
| | | 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
|
| 249 |
|
| | | 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
|
| 250 |
|
| | | 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
|
| 251 |
|
| | | 790.01(2) | 3rd | Carrying a concealed firearm. |
|
| 252 |
|
| | | 790.162 | 2nd | Threat to throw or discharge destructive device. |
|
| 253 |
|
| | | 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
|
| 254 |
|
| | | 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
|
| 255 |
|
| | | 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
|
| 256 |
|
| | | 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
|
| 257 |
|
| | | 800.04(7)(b) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
|
| 258 |
|
| | | 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
|
| 259 |
|
| | 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
|
| 260 |
|
| | | 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
|
| 261 |
|
| | | 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
|
| 262 |
|
| | | 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
|
| 263 |
|
| | | 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
|
| 264 |
|
| | | 817.034(4)(a)2. | 2nd | Communications fraud; property valued at , value $20,000 or more but less than to $50,000. |
|
| 265 |
|
| | | 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
|
| 266 |
|
| | | 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. |
|
| 267 |
|
| | | 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 individuals. |
|
| 268 |
|
| | | 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
|
| 269 |
|
| | | 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
|
| 270 |
|
| | | 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 271 |
|
| | | 827.071(5) | 3rd | Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 272 |
|
| | | 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. |
|
| 273 |
|
| | | 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
|
| 274 |
|
| | | 847.0135(5)(b) | 2nd | Lewd or lascivious exhibition using computer; offender 18 years or older. |
|
| 275 |
|
| | | 847.0137 (2) & (3) | 3rd | Transmission of pornography by electronic device or equipment. |
|
| 276 |
|
| | | 847.0138 (2) & (3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
|
| 277 |
|
| | | 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal gang; second or subsequent offense. |
|
| 278 |
|
| | | 893.13(1)(a)1. | 2nd | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 279 |
|
| | | 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 280 |
|
| | | 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)4. drugs) within 1,000 feet of university. |
|
| 281 |
|
| | | 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. |
|
| 282 |
|
| | | 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)4. drugs) within 1,000 feet of public housing facility. |
|
| 283 |
|
| | | 893.13(4)(b) | 2nd | Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
|
| 284 |
|
| | | 893.1351(1) | 3rd | Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. |
|
| 285 |
|
| 286 | (f) LEVEL 6 |
| 287 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 288 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 289 |
|
| | | 499.0051(3) | 2nd | Knowing forgery of pedigree papers. |
|
| 290 |
|
| | | 499.0051(4) | 2nd | Knowing purchase or receipt of prescription drug from unauthorized person. |
|
| 291 |
|
| | | 499.0051(5) | 2nd | Knowing sale or transfer of prescription drug to unauthorized person. |
|
| 292 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 293 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 294 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 295 |
|
| | | 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
| 296 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 297 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 298 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 299 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 300 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 301 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 302 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 303 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 304 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 305 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 306 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 307 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 308 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 309 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 310 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 311 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 312 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 313 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 314 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 315 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 316 |
|
| | | 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
| 317 |
|
| | | 812.0145(2)(b) | 2nd | Theft from person age 65 or older; property valued at $5,000 or more but less than $20,000. |
|
| 318 |
|
| | | 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 319 |
|
| | | 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
| 320 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 321 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud; property valued at , value greater than $50,000 or more. |
|
| 322 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 323 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 324 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 325 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 326 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 327 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 328 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 329 |
|
| | | 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 330 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 331 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 332 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 333 |
|
| | | 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. |
|
| 334 |
|
| | | 847.012 | 3rd | Knowingly using a minor in the production of materials harmful to minors. |
|
| 335 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 336 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 337 |
|
| | | 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. |
|
| 338 |
|
| | |
| 339 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 340 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 341 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 342 |
|
| 343 | (g) LEVEL 7 |
| 344 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 345 |
|
| | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 346 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 347 |
|
| | | 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. |
|
| 348 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 349 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 350 |
|
| | | 409.920 (2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
| 351 |
|
| | | 409.920 (2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
| 352 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 353 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 354 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 355 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 356 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 357 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 358 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 359 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 360 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 361 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 362 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 363 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 364 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 365 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 366 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 367 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 368 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 369 |
|
| | | 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
| 370 |
|
| | | 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. |
|
| 371 |
|
| | | 560.125(5)(a) | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 372 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 373 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver driver's license or identification card; other registration violations. |
|
| 374 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 375 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 376 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 377 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 378 |
|
| | | 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 379 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 380 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 381 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 382 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 383 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 384 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 385 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 386 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 387 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 388 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 389 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 390 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 391 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 392 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 393 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 394 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 395 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 396 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 397 |
|
| | | 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
| 398 |
|
| | | 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. |
|
| 399 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 400 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 401 |
|
| | | 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
| 402 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 403 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 404 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 405 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 406 |
|
| | | 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
| 407 |
|
| | | 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. |
|
| 408 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 409 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 410 |
|
| | | 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
| 411 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $20,000 $50,000 or more. |
|
| 412 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 413 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 414 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 415 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 416 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 417 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 418 |
|
| | | 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. |
|
| 419 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 420 |
|
| | | 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
| 421 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 422 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 423 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 424 |
|
| | |
| 425 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 426 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 427 |
|
| | |
| 428 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 429 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 430 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 431 |
|
| | | 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
| 432 |
|
| | | 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)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 433 |
|
| | | 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)4., within 1,000 feet of property used for religious services or a specified business site. |
|
| 434 |
|
| | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 435 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 436 |
|
| | | 893.135 (1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 437 |
|
| | | 893.135 (1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 438 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 439 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 440 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 441 |
|
| | | 893.135 (1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 442 |
|
| | | 893.135 (1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 443 |
|
| | | 893.135 (1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 444 |
|
| | | 893.135 (1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 445 |
|
| | | 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
| 446 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 447 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 448 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 449 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 450 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 451 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 452 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 453 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 454 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 455 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 456 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 457 |
|
| | | 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 458 |
|
| | | 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 459 |
|
| | | 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 460 |
|
| 461 | Section 5. This act shall take effect July 1, 2012. |
