Bill Text: FL S0788 | 2017 | Regular Session | Comm Sub
Bill Title: Marketing Practices for Substance Abuse Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-05-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 807 (Ch. 2017-173) [S0788 Detail]
Download: Florida-2017-S0788-Comm_Sub.html
Florida Senate - 2017 CS for CS for SB 788 By the Committees on Appropriations; and Criminal Justice; and Senator Clemens 576-03497-17 2017788c2 1 A bill to be entitled 2 An act relating to marketing practices for substance 3 abuse services; amending s. 16.56, F.S.; authorizing 4 the Office of Statewide Prosecution in the Department 5 of Legal Affairs to investigate and prosecute patient 6 brokering offenses; amending 397.321, F.S.; requiring 7 the Department of Children and Families to ensure that 8 substance abuse service provider personnel providing 9 direct clinical treatment services are certified 10 through a department-recognized certification process; 11 exempting specified licensed individuals from 12 certification; amending s. 397.407, F.S.; revising the 13 requirements for the referral of patients to, and the 14 acceptance of referrals from, a recovery residence; 15 specifying that certain referrals are not prohibited; 16 providing applicability; clarifying that such 17 referrals are not required; amending s. 397.501, F.S.; 18 providing that an application for the disclosure of an 19 individual’s records may be filed as part of an active 20 criminal investigation; authorizing a court to approve 21 an application for the disclosure of an individual’s 22 substance abuse treatment records without providing 23 express notice of the application to the individual or 24 identified parties with an interest in the records if 25 the application is filed as part of an active criminal 26 investigation; providing that upon implementation of 27 the order granting such application, the individual 28 and identified parties with an interest in the records 29 must be afforded an opportunity to seek revocation or 30 amendment of that order; creating s. 397.488, F.S.; 31 providing legislative findings; prohibiting service 32 providers, operators of recovery residences, and 33 certain third parties from engaging in specified 34 marketing practices; providing penalties; creating s. 35 817.0345, F.S.; prohibiting a person from knowingly 36 and willfully making specified false or misleading 37 statements or providing specified false or misleading 38 information under certain circumstances; providing 39 penalties; amending s. 817.505, F.S.; providing that 40 it is unlawful for a person to offer or pay, or 41 solicit or receive, benefits under certain 42 circumstances; providing fines and penalties; amending 43 s. 895.02, F.S.; revising the definition of the term 44 “racketeering activity”; amending s. 921.0022, F.S.; 45 ranking offenses; providing an appropriation; 46 providing an effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Paragraph (a) of subsection (1) of section 51 16.56, Florida Statutes, is amended to read: 52 16.56 Office of Statewide Prosecution.— 53 (1) There is created in the Department of Legal Affairs an 54 Office of Statewide Prosecution. The office shall be a separate 55 “budget entity” as that term is defined in chapter 216. The 56 office may: 57 (a) Investigate and prosecute the offenses of: 58 1. Bribery, burglary, criminal usury, extortion, gambling, 59 kidnapping, larceny, murder, prostitution, perjury, robbery, 60 carjacking,andhome-invasion robbery, and patient brokering; 61 2. Any crime involving narcotic or other dangerous drugs; 62 3. Any violation of the Florida RICO (Racketeer Influenced 63 and Corrupt Organization) Act, including any offense listed in 64 the definition of racketeering activity in s. 895.02(8)(a), 65 providing such listed offense is investigated in connection with 66 a violation of s. 895.03 and is charged in a separate count of 67 an information or indictment containing a count charging a 68 violation of s. 895.03, the prosecution of which listed offense 69 may continue independently if the prosecution of the violation 70 of s. 895.03 is terminated for any reason; 71 4. Any violation of the Florida Anti-Fencing Act; 72 5. Any violation of the Florida Antitrust Act of 1980, as 73 amended; 74 6. Any crime involving, or resulting in, fraud or deceit 75 upon any person; 76 7. Any violation of s. 847.0135, relating to computer 77 pornography and child exploitation prevention, or any offense 78 related to a violation of s. 847.0135 or any violation of 79 chapter 827 where the crime is facilitated by or connected to 80 the use of the Internet or any device capable of electronic data 81 storage or transmission; 82 8. Any violation of chapter 815; 83 9. Any criminal violation of part I of chapter 499; 84 10. Any violation of the Florida Motor Fuel Tax Relief Act 85 of 2004; 86 11. Any criminal violation of s. 409.920 or s. 409.9201; 87 12. Any crime involving voter registration, voting, or 88 candidate or issue petition activities; 89 13. Any criminal violation of the Florida Money Laundering 90 Act; 91 14. Any criminal violation of the Florida Securities and 92 Investor Protection Act; or 93 15. Any violation of chapter 787, as well as any and all 94 offenses related to a violation of chapter 787; 95 96 or any attempt, solicitation, or conspiracy to commit any of the 97 crimes specifically enumerated above. The office shall have such 98 power only when any such offense is occurring, or has occurred, 99 in two or more judicial circuits as part of a related 100 transaction, or when any such offense is connected with an 101 organized criminal conspiracy affecting two or more judicial 102 circuits. Informations or indictments charging such offenses 103 shall contain general allegations stating the judicial circuits 104 and counties in which crimes are alleged to have occurred or the 105 judicial circuits and counties in which crimes affecting such 106 circuits or counties are alleged to have been connected with an 107 organized criminal conspiracy. 108 Section 2. Subsection (21) of section 397.321, Florida 109 Statutes, is added to read: 110 397.321 Duties of the department.—The department shall: 111 (21) Ensure that substance abuse service provider personnel 112 who provide direct clinical treatment services as defined in s. 113 397.311(25)(a) are certified through a department-recognized 114 certification process. A physician or a physician assistant 115 licensed under chapter 458 or chapter 459; a professional 116 licensed under chapter 490 or chapter 491; or an advanced 117 registered nurse practitioner licensed under part I of chapter 118 464 is exempt from the requirements of this subsection. 119 Section 3. Subsection (11) of section 397.407, Florida 120 Statutes, is amended to read: 121 397.407 Licensure process; fees.— 122 (11) Effective July 1, 20172016, a service provider 123 licensed under this part may not refer a prospective, current, 124 or discharged patient to, or accept a referral from, a recovery 125 residence unless the recovery residence holds a valid 126 certificate of compliance as provided in s. 397.487 and is 127 actively managed by a certified recovery residence administrator 128 as provided in s. 397.4871or the recovery residence is owned129and operated by a licensed service provider or a licensed130service provider’s wholly owned subsidiary. For purposes of this 131 subsection, the term “refer” means to inform a patient by any 132 means about the name, address, or other details of the recovery 133 residence. However, this subsection does not require a licensed 134 service provider to refer any patient to a recovery residence. 135 This subsection does not require a recovery residence to refer 136 any patient to a licensed service provider. This subsection does 137 not prohibit a referral by a recovery residence to a licensed 138 service provider when the recovery residence, including its 139 owners, operators, and employees, do not benefit, directly or 140 indirectly, from the referral, and does not apply to a licensed 141 service provider under contract with a managing entity as 142 defined in s. 394.9082. 143 Section 4. Paragraphs (g) and (h) of subsection (7) of 144 section 397.501, Florida Statutes, are amended to read: 145 397.501 Rights of individuals.—Individuals receiving 146 substance abuse services from any service provider are 147 guaranteed protection of the rights specified in this section, 148 unless otherwise expressly provided, and service providers must 149 ensure the protection of such rights. 150 (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS.— 151 (g) An order authorizing the disclosure of an individual’s 152 records may be applied for by any person having a legally 153 recognized interest in the disclosure which is sought. The 154 application may be filed aloneseparatelyor as part of a 155 pending civil action or an active criminal investigation in 156 which it appears that the individual’s records are needed to 157 provide evidence. An application must use a fictitious name, 158 such as John Doe or Jane Doe, to refer to any individual and may 159 not contain or otherwise disclose any identifying information 160 unless the individual is the applicant or has given a written 161 consent to disclosure or the court has ordered the record of the 162 proceeding sealed from public scrutiny. 163 (h)1. For applications filed alone or as part of a pending 164 civil action, the individual and the person holding the records 165 from whom disclosure is sought must be given adequate notice in 166 a manner which will not disclose identifying information to 167 other persons, and an opportunity to file a written response to 168 the application, or to appear in person, for the limited purpose 169 of providing evidence on the statutory and regulatory criteria 170 for the issuance of the court order. 171 2. Applications filed as part of an active criminal 172 investigation may, in the discretion of the court, be granted 173 without notice. Although no express notice is required to the 174 agents, owners, and employees of the treatment provider or to 175 any patient whose records are to be disclosed, upon 176 implementation of an order so granted, any of these persons must 177 be afforded an opportunity to seek revocation or amendment of 178 the order, limited to the presentation of evidence on the 179 statutory and regulatory criteria for the issuance of the order. 180 Section 5. Section 397.488, Florida Statutes, is created to 181 read: 182 397.488 Prohibition of deceptive marketing practices.— 183 (1) The Legislature recognizes that consumers of substance 184 abuse treatment have disabling conditions and that such 185 consumers and their families are vulnerable and at risk of being 186 easily victimized by fraudulent marketing practices that 187 adversely impact the delivery of health care. To protect the 188 health, safety, and welfare of this vulnerable population, a 189 service provider, an operator of a recovery residence, or a 190 third party who provides any form of advertising or marketing 191 services to a service provider or an operator of a recovery 192 residence may not engage in any of the following marketing 193 practices: 194 (a) Making a false or misleading statement or providing 195 false or misleading information about the provider’s or 196 operator’s or third party’s products, goods, services, or 197 geographical locations in its marketing, advertising materials, 198 or media or on its website. 199 (b) Including on its website false information, electronic 200 links, or coding or activation that provides false information 201 or that surreptitiously directs the reader to another website. 202 (c) Soliciting, receiving, or making an attempt to solicit 203 or receive a commission, benefit, bonus, rebate, kickback, or 204 bribe, directly or indirectly, in cash or in kind, or engaging 205 or making an attempt to engage in a split-fee arrangement in 206 return for a referral or an acceptance or acknowledgment of 207 treatment from a service provider or recovery residence. 208 (d) Entering into a contract with a marketing provider who 209 agrees to generate referrals or leads for the placement of 210 patients with a service provider or in a recovery residence 211 through a call center or a web-based presence, unless the 212 service provider or the operator of the recovery residence 213 discloses the following to the prospective patient so that the 214 patient can make an informed health care decision: 215 1. Information about the specific licensed service 216 providers or recovery residences that are represented by the 217 marketing provider and pay a fee to the marketing provider, 218 including the identity of such service providers or recovery 219 residences; and 220 2. Clear and concise instructions that allow the 221 prospective patient to easily access lists of licensed service 222 providers and recovery residences on the department website. 223 (2) In addition to any other punishment authorized by law, 224 a person or entity that knowingly and willfully violates 225 paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) commits 226 a misdemeanor of the first degree, punishable as provided in s. 227 775.083 or s. 775.089. A violation of paragraph (1)(c) is a 228 violation of the prohibition on patient brokering and may 229 subject the party committing the violation to criminal penalties 230 under s. 817.505. 231 Section 6. Section 817.0345, Florida Statutes, is created 232 to read: 233 817.0345 Prohibition of fraudulent marketing practices.—It 234 is unlawful for any person to knowingly and willfully make a 235 materially false or misleading statement or provide false or 236 misleading information about the identity, products, goods, 237 services, or geographical location of a licensed service 238 provider, as defined in chapter 397, in marketing, advertising 239 materials, or other media or on a website with the intent to 240 induce another person to seek treatment with that service 241 provider. A person who violates this section commits a felony of 242 the third degree, punishable as provided in s. 775.082, s. 243 775.083, or s. 775.084. 244 Section 7. Subsections (1) and (4) of section 817.505, 245 Florida Statutes, are amended to read: 246 817.505 Patient brokering prohibited; exceptions; 247 penalties.— 248 (1) It is unlawful for any person, including any health 249 care provider or health care facility, to: 250 (a) Offer or pay aanycommission, benefit, bonus, rebate, 251 kickback, or bribe, directly or indirectly, in cash or in kind, 252 or engage in any split-fee arrangement, in any form whatsoever, 253 to induce the referral of a patientpatientsor patronage to or 254 from a health care provider or health care facility; 255 (b) Solicit or receive aanycommission, benefit, bonus, 256 rebate, kickback, or bribe, directly or indirectly, in cash or 257 in kind, or engage in any split-fee arrangement, in any form 258 whatsoever, in return for referring a patientpatientsor 259 patronage to or from a health care provider or health care 260 facility; 261 (c) Solicit or receive aanycommission, benefit, bonus, 262 rebate, kickback, or bribe, directly or indirectly, in cash or 263 in kind, or engage in any split-fee arrangement, in any form 264 whatsoever, in return for the acceptance or acknowledgment of 265 treatment from a health care provider or health care facility; 266 or 267 (d) Aid, abet, advise, or otherwise participate in the 268 conduct prohibited under paragraph (a), paragraph (b), or 269 paragraph (c). 270 (4)(a) Any person, including an officer, partner, agent, 271 attorney, or other representative of a firm, joint venture, 272 partnership, business trust, syndicate, corporation, or other 273 business entity, who violates any provision of this section 274 commits a felony of the third degree, punishable as provided in 275 s. 775.082, s. 775.083,or s. 775.084, and a fine of $50,000. 276 (b) Any person, including an officer, partner, agent, 277 attorney, or other representative of a firm, joint venture, 278 partnership, business trust, syndicate, corporation, or other 279 business entity, who violates any provision of this section, 280 where the prohibited conduct involves 10 or more patients but 281 fewer than 20 patients, commits a felony of the second degree, 282 punishable as provided in s. 775.082 or s. 775.084, and a fine 283 of $100,000. 284 (c) Any person, including an officer, partner, agent, 285 attorney, or other representative of a firm, joint venture, 286 partnership, business trust, syndicate, corporation, or other 287 business entity, who violates any provision of this section, 288 where the prohibited conduct involves 20 or more patients, 289 commits a felony of the first degree, punishable as provided in 290 s. 775.082 or s. 775.084, and a fine of $500,000. 291 Section 8. Paragraph (a) of subsection (8) of section 292 895.02, Florida Statutes, is amended to read: 293 895.02 Definitions.—As used in ss. 895.01-895.08, the term: 294 (8) “Racketeering activity” means to commit, to attempt to 295 commit, to conspire to commit, or to solicit, coerce, or 296 intimidate another person to commit: 297 (a) Any crime that is chargeable by petition, indictment, 298 or information under the following provisions of the Florida 299 Statutes: 300 1. Section 210.18, relating to evasion of payment of 301 cigarette taxes. 302 2. Section 316.1935, relating to fleeing or attempting to 303 elude a law enforcement officer and aggravated fleeing or 304 eluding. 305 3. Section 403.727(3)(b), relating to environmental 306 control. 307 4. Section 409.920 or s. 409.9201, relating to Medicaid 308 fraud. 309 5. Section 414.39, relating to public assistance fraud. 310 6. Section 440.105 or s. 440.106, relating to workers’ 311 compensation. 312 7. Section 443.071(4), relating to creation of a fictitious 313 employer scheme to commit reemployment assistance fraud. 314 8. Section 465.0161, relating to distribution of medicinal 315 drugs without a permit as an Internet pharmacy. 316 9. Section 499.0051, relating to crimes involving 317 contraband, adulterated, or misbranded drugs. 318 10. Part IV of chapter 501, relating to telemarketing. 319 11. Chapter 517, relating to sale of securities and 320 investor protection. 321 12. Section 550.235 or s. 550.3551, relating to dogracing 322 and horseracing. 323 13. Chapter 550, relating to jai alai frontons. 324 14. Section 551.109, relating to slot machine gaming. 325 15. Chapter 552, relating to the manufacture, distribution, 326 and use of explosives. 327 16. Chapter 560, relating to money transmitters, if the 328 violation is punishable as a felony. 329 17. Chapter 562, relating to beverage law enforcement. 330 18. Section 624.401, relating to transacting insurance 331 without a certificate of authority, s. 624.437(4)(c)1., relating 332 to operating an unauthorized multiple-employer welfare 333 arrangement, or s. 626.902(1)(b), relating to representing or 334 aiding an unauthorized insurer. 335 19. Section 655.50, relating to reports of currency 336 transactions, when such violation is punishable as a felony. 337 20. Chapter 687, relating to interest and usurious 338 practices. 339 21. Section 721.08, s. 721.09, or s. 721.13, relating to 340 real estate timeshare plans. 341 22. Section 775.13(5)(b), relating to registration of 342 persons found to have committed any offense for the purpose of 343 benefiting, promoting, or furthering the interests of a criminal 344 gang. 345 23. Section 777.03, relating to commission of crimes by 346 accessories after the fact. 347 24. Chapter 782, relating to homicide. 348 25. Chapter 784, relating to assault and battery. 349 26. Chapter 787, relating to kidnapping or human 350 trafficking. 351 27. Chapter 790, relating to weapons and firearms. 352 28. Chapter 794, relating to sexual battery, but only if 353 such crime was committed with the intent to benefit, promote, or 354 further the interests of a criminal gang, or for the purpose of 355 increasing a criminal gang member’s own standing or position 356 within a criminal gang. 357 29. Former s. 796.03, former s. 796.035, s. 796.04, s. 358 796.05, or s. 796.07, relating to prostitution. 359 30. Chapter 806, relating to arson and criminal mischief. 360 31. Chapter 810, relating to burglary and trespass. 361 32. Chapter 812, relating to theft, robbery, and related 362 crimes. 363 33. Chapter 815, relating to computer-related crimes. 364 34. Chapter 817, relating to fraudulent practices, false 365 pretenses, fraud generally,andcredit card crimes, and patient 366 brokering. 367 35. Chapter 825, relating to abuse, neglect, or 368 exploitation of an elderly person or disabled adult. 369 36. Section 827.071, relating to commercial sexual 370 exploitation of children. 371 37. Section 828.122, relating to fighting or baiting 372 animals. 373 38. Chapter 831, relating to forgery and counterfeiting. 374 39. Chapter 832, relating to issuance of worthless checks 375 and drafts. 376 40. Section 836.05, relating to extortion. 377 41. Chapter 837, relating to perjury. 378 42. Chapter 838, relating to bribery and misuse of public 379 office. 380 43. Chapter 843, relating to obstruction of justice. 381 44. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 382 s. 847.07, relating to obscene literature and profanity. 383 45. Chapter 849, relating to gambling, lottery, gambling or 384 gaming devices, slot machines, or any of the provisions within 385 that chapter. 386 46. Chapter 874, relating to criminal gangs. 387 47. Chapter 893, relating to drug abuse prevention and 388 control. 389 48. Chapter 896, relating to offenses related to financial 390 transactions. 391 49. Sections 914.22 and 914.23, relating to tampering with 392 or harassing a witness, victim, or informant, and retaliation 393 against a witness, victim, or informant. 394 50. Sections 918.12 and 918.13, relating to tampering with 395 jurors and evidence. 396 Section 9. Paragraphs (c), (d), (f), and (h) of subsection 397 (3) of section 921.0022, Florida Statutes, are amended to read: 398 921.0022 Criminal Punishment Code; offense severity ranking 399 chart.— 400 (3) OFFENSE SEVERITY RANKING CHART 401 (c) LEVEL 3 402 403 FloridaStatute FelonyDegree Description 404 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 405 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 406 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 407 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 408 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 409 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 410 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 411 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 412 327.35(2)(b) 3rd Felony BUI. 413 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 414 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 415 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 416 379.2431 (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. 417 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 418 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 419 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 420 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 421 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 422 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 423 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 424 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 425 697.08 3rd Equity skimming. 426 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 427 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 428 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 429 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 430 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 431 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 432 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 433 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 434 817.233 3rd Burning to defraud insurer. 435 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 436 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 437 817.236 3rd Filing a false motor vehicle insurance application. 438 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 439 817.413(2) 3rd Sale of used goods as new. 440817.505(4)3rdPatient brokering.441 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 442 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 443 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 444 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 445 843.19 3rd Injure, disable, or kill police dog or horse. 446 860.15(3) 3rd Overcharging for repairs and parts. 447 870.01(2) 3rd Riot; inciting or encouraging. 448 893.13(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). 449 893.13(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. 450 893.13(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. 451 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 452 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 453 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 454 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 455 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 456 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 457 893.13(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. 458 893.13(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. 459 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 460 893.13(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. 461 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 462 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 463 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 464 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 465 466 (d) LEVEL 4 467 468 FloridaStatute FelonyDegree Description 469 316.1935(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. 470 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 471 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 472 517.07(1) 3rd Failure to register securities. 473 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 474 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 475 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 476 784.075 3rd Battery on detention or commitment facility staff. 477 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 478 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 479 784.081(3) 3rd Battery on specified official or employee. 480 784.082(3) 3rd Battery by detained person on visitor or other detainee. 481 784.083(3) 3rd Battery on code inspector. 482 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 483 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 484 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 485 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 486 787.07 3rd Human smuggling. 487 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 488 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 489 790.115(2)(c) 3rd Possessing firearm on school property. 490 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 491 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 492 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 493 810.06 3rd Burglary; possession of tools. 494 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 495 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 496 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 497 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 498 817.505(4)(a) 3rd Patient brokering. 499 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 500 817.568(2)(a) 3rd Fraudulent use of personal identification information. 501 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder. 502 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 503 837.02(1) 3rd Perjury in official proceedings. 504 837.021(1) 3rd Make contradictory statements in official proceedings. 505 838.022 3rd Official misconduct. 506 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 507 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 508 843.021 3rd Possession of a concealed handcuff key by a person in custody. 509 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 510 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 511 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 512 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 513 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). 514 914.14(2) 3rd Witnesses accepting bribes. 515 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 516 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 517 918.12 3rd Tampering with jurors. 518 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 519 520 (f) LEVEL 6 521 522 FloridaStatute FelonyDegree Description 523 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 524 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 525 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 526 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 527 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 528 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 529 775.0875(1) 3rd Taking firearm from law enforcement officer. 530 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 531 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 532 784.041 3rd Felony battery; domestic battery by strangulation. 533 784.048(3) 3rd Aggravated stalking; credible threat. 534 784.048(5) 3rd Aggravated stalking of person under 16. 535 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 536 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 537 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 538 784.081(2) 2nd Aggravated assault on specified official or employee. 539 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 540 784.083(2) 2nd Aggravated assault on code inspector. 541 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 542 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 543 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 544 790.164(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. 545 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 546 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 547 794.05(1) 2nd Unlawful sexual activity with specified minor. 548 800.04(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. 549 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 550 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 551 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 552 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 553 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 554 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 555 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction. 556 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. 557 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 558 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 559 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 560 825.102(1) 3rd Abuse of an elderly person or disabled adult. 561 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 562 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 563 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 564 827.03(2)(c) 3rd Abuse of a child. 565 827.03(2)(d) 3rd Neglect of a child. 566 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 567 836.05 2nd Threats; extortion. 568 836.10 2nd Written threats to kill or do bodily injury. 569 843.12 3rd Aids or assists person to escape. 570 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 571 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 572 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 573 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 574 944.35(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. 575 944.40 2nd Escapes. 576 944.46 3rd Harboring, concealing, aiding escaped prisoners. 577 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 578 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. 579 580 (h) LEVEL 8 581 582 FloridaStatute FelonyDegree Description 583 316.193 (3)(c)3.a. 2nd DUI manslaughter. 584 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 585 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 586 499.0051(7) 1st Knowing trafficking in contraband prescription drugs. 587 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels. 588 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. 589 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. 590 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 591 777.03(2)(a) 1st Accessory after the fact, capital felony. 592 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb. 593 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 594 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 595 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 596 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 597 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 598 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 599 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state. 600 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state. 601 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 602 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury. 603 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury. 604 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury. 605 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense. 606 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 607 800.04(4)(b) 2nd Lewd or lascivious battery. 608 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 609 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 610 810.02(2)(a) 1st,PBL Burglary with assault or battery. 611 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 612 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 613 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 614 812.13(2)(b) 1st Robbery with a weapon. 615 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 616 817.505(4)(c) 1st Patient brokering; 20 or more patients. 617 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 618 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 619 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 620 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument. 621 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 622 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 623 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 624 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 625 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 626 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 627 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 628 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 629 860.16 1st Aircraft piracy. 630 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 631 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 632 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 633 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 634 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 635 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 636 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams. 637 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 638 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams. 639 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. 640 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams. 641 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 642 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 643 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 644 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 645 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 646 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 647 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 648 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 649 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 650 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. 651 Section 10. For the 2017-2018 fiscal year, the sum of 652 $194,120 in recurring funds is appropriated from the Operating 653 Trust Fund in the Department of Legal Affairs, and two full-time 654 equivalent positions, with associated salary rate of 130,000, 655 are authorized, for the purpose of implementing this act. 656 Section 11. This act shall take effect July 1, 2017.