Florida Senate - 2014 CS for SB 588
By the Committee on Children, Families, and Elder Affairs; and
Senator Richter
586-01859-14 2014588c1
1 A bill to be entitled
2 An act relating to offenses against vulnerable
3 persons; amending s. 90.803, F.S.; revising when an
4 out-of-court statement by an elderly person or
5 disabled adult is admissible in certain proceedings;
6 amending s. 817.568, F.S.; expanding applicability of
7 prohibition on the fraudulent use of personal
8 identification information of specified victims
9 without consent to include persons 60 years of age or
10 older; amending s. 825.101, F.S.; revising and
11 deleting definitions; amending s. 825.103, F.S.;
12 deleting a requirement that property of an elderly
13 person or disabled adult be obtained by deception or
14 intimidation in order to constitute exploitation of
15 such a person; specifying additional circumstances
16 that constitute a breach of a fiduciary duty and
17 specifying when an unauthorized appropriation occurs;
18 creating a presumption that certain inter vivos
19 transfers are a result of exploitation; providing
20 exceptions; providing for jury instructions concerning
21 the presumption; revising the valuation of funds,
22 assets, or property involved for various degrees of
23 offenses of exploitation of an elderly person or
24 disabled adult; providing for return of property
25 seized from a defendant to the victim before trial in
26 certain circumstances; amending ss. 775.0844 and
27 921.0022, F.S.; conforming provisions to changes made
28 by the act; reenacting s. 772.11(1), F.S., relating to
29 a civil remedy for theft or exploitation, to
30 incorporate the amendments made by the act to s.
31 825.103, F.S., in a reference thereto; providing an
32 effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Paragraph (a) of subsection (24) of section
37 90.803, Florida Statutes, is amended to read:
38 90.803 Hearsay exceptions; availability of declarant
39 immaterial.—The provision of s. 90.802 to the contrary
40 notwithstanding, the following are not inadmissible as evidence,
41 even though the declarant is available as a witness:
42 (24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR
43 DISABLED ADULT.—
44 (a) Unless the source of information or the method or
45 circumstances by which the statement is reported indicates a
46 lack of trustworthiness, an out-of-court statement made by an
47 elderly person or disabled adult, as defined in s. 825.101,
48 describing any act of abuse or neglect, any act of exploitation,
49 the offense of battery or aggravated battery or assault or
50 aggravated assault or sexual battery, or any other violent act
51 on the declarant elderly person or disabled adult, not otherwise
52 admissible, is admissible in evidence in any civil or criminal
53 proceeding if:
54 1. The court finds in a hearing conducted outside the
55 presence of the jury that the time, content, and circumstances
56 of the statement provide sufficient safeguards of reliability.
57 In making its determination, the court may consider the mental
58 and physical age and maturity of the elderly person or disabled
59 adult, the nature and duration of the abuse or offense, the
60 relationship of the victim to the offender, the reliability of
61 the assertion, the reliability of the elderly person or disabled
62 adult, and any other factor deemed appropriate; and
63 2. The elderly person or disabled adult either:
64 a. Testifies; or
65 b. is unavailable as a witness, provided that there is
66 corroborative evidence of the abuse or offense. Unavailability
67 shall include a finding by the court that the elderly person’s
68 or disabled adult’s participation in the trial or proceeding
69 would result in a substantial likelihood of severe emotional,
70 mental, or physical harm, in addition to findings pursuant to s.
71 90.804(1).
72 Section 2. Subsections (6) and (7) of section 817.568,
73 Florida Statutes, are amended to read:
74 817.568 Criminal use of personal identification
75 information.—
76 (6) Any person who willfully and without authorization
77 fraudulently uses personal identification information concerning
78 an individual who is younger less than 18 years of age or 60
79 years of age or older without first obtaining the consent of
80 that individual or of his or her legal guardian commits a felony
81 of the second degree, punishable as provided in s. 775.082, s.
82 775.083, or s. 775.084.
83 (7) Any person who is in the relationship of parent or
84 legal guardian, or who otherwise exercises custodial authority
85 over an individual who is younger less than 18 years of age or
86 60 years of age or older, who willfully and fraudulently uses
87 personal identification information of that individual commits a
88 felony of the second degree, punishable as provided in s.
89 775.082, s. 775.083, or s. 775.084.
90 Section 3. Subsections (2), (3), and (8) of section
91 825.101, Florida Statutes, are amended to read:
92 825.101 Definitions.—As used in this chapter:
93 (2) “Caregiver” means a person who has been entrusted with
94 or has assumed responsibility for the care or the property of an
95 elderly person or disabled adult. “Caregiver” includes, but is
96 not limited to, relatives, court-appointed or voluntary
97 guardians, adult household members, neighbors, health care
98 providers, and employees and volunteers of facilities as defined
99 in subsection (6) (7).
100 (3) “Deception” means:
101 (a) Misrepresenting or concealing a material fact relating
102 to:
103 1. Services rendered, disposition of property, or use of
104 property, when such services or property are intended to benefit
105 an elderly person or disabled adult;
106 2. Terms of a contract or agreement entered into with an
107 elderly person or disabled adult; or
108 3. An existing or preexisting condition of any property
109 involved in a contract or agreement entered into with an elderly
110 person or disabled adult; or
111 (b) Using any misrepresentation, false pretense, or false
112 promise in order to induce, encourage, or solicit an elderly
113 person or disabled adult to enter into a contract or agreement.
114 (8) “Intimidation” means the communication by word or act
115 to an elderly person or disabled adult that the elderly person
116 or disabled adult will be deprived of food, nutrition, clothing,
117 shelter, supervision, medicine, medical services, money, or
118 financial support or will suffer physical violence.
119 Section 4. Section 825.103, Florida Statutes, is amended to
120 read:
121 825.103 Exploitation of an elderly person or disabled
122 adult; penalties.—
123 (1) “Exploitation of an elderly person or disabled adult”
124 means:
125 (a) Knowingly, by deception or intimidation, obtaining or
126 using, or endeavoring to obtain or use, an elderly person’s or
127 disabled adult’s funds, assets, or property with the intent to
128 temporarily or permanently deprive the elderly person or
129 disabled adult of the use, benefit, or possession of the funds,
130 assets, or property, or to benefit someone other than the
131 elderly person or disabled adult, by a person who:
132 1. Stands in a position of trust and confidence with the
133 elderly person or disabled adult; or
134 2. Has a business relationship with the elderly person or
135 disabled adult;
136 (b) Obtaining or using, endeavoring to obtain or use, or
137 conspiring with another to obtain or use an elderly person’s or
138 disabled adult’s funds, assets, or property with the intent to
139 temporarily or permanently deprive the elderly person or
140 disabled adult of the use, benefit, or possession of the funds,
141 assets, or property, or to benefit someone other than the
142 elderly person or disabled adult, by a person who knows or
143 reasonably should know that the elderly person or disabled adult
144 lacks the capacity to consent; or
145 (c) Breach of a fiduciary duty to an elderly person or
146 disabled adult by the person’s guardian or agent under a power
147 of attorney which results in an unauthorized appropriation,
148 sale, or transfer of property. An unauthorized appropriation
149 under this paragraph occurs when the elderly person or disabled
150 adult does not receive the reasonably equivalent financial value
151 in goods or services, or when the fiduciary violates any of
152 these duties:
153 1. For agents appointed under chapter 709:
154 a. Committing fraud in obtaining their appointments;
155 b. Abusing their powers;
156 c. Wasting, embezzling, or intentionally mismanaging the
157 assets of the ward or beneficiary of the trust; or
158 d. Acting contrary to the principal’s sole benefit or best
159 interest.
160 2. For guardians and trustees appointed under chapter 736
161 or chapter 744:
162 a. Committing fraud in obtaining their appointments;
163 b. Abusing their powers; or
164 c. Wasting, embezzling, or intentionally mismanaging the
165 assets of the ward or beneficiary of the trust.
166 (d) Misappropriating, misusing, or transferring without
167 authorization money belonging to an elderly person or disabled
168 adult from an account in which the elderly person or disabled
169 adult placed the funds, owned the funds, and was the sole
170 contributor or payee of the funds before the misappropriation,
171 misuse, or unauthorized transfer. This paragraph only applies to
172 the following types of accounts:
173 1. Personal accounts;
174 2. Joint accounts created with the intent that only the
175 elderly person or disabled adult enjoys all rights, interests,
176 and claims to moneys deposited into such account; or
177 3. Convenience accounts created in accordance with s.
178 655.80.
179 (e) Intentionally or negligently failing to effectively use
180 an elderly person’s or disabled adult’s income and assets for
181 the necessities required for that person’s support and
182 maintenance, by a caregiver or a person who stands in a position
183 of trust and confidence with the elderly person or disabled
184 adult.
185 (2) Any inter vivos transfer of money or property valued in
186 excess of $10,000 at the time of the transfer, whether in a
187 single transaction or multiple transactions, by a person age 65
188 or older to a nonrelative whom the transferor knew for fewer
189 than 2 years before the first transfer and for which the
190 transferor did not receive the reasonably equivalent financial
191 value in goods or services creates a permissive presumption that
192 the transfer was the result of exploitation.
193 (a) This subsection applies regardless of whether the
194 transfer or transfers are denoted by the parties as a gift or
195 loan, except that it does not apply to a valid loan evidenced in
196 writing that includes definite repayment dates. However, if
197 repayment of any such loan is in default, in whole or in part,
198 for more than 65 days, the presumption of this subsection
199 applies.
200 (b) This subsection does not apply to:
201 1. Persons who are in the business of making loans.
202 2. Bona fide charitable donations to nonprofit
203 organizations that qualify for tax exempt status under the
204 Internal Revenue Code.
205 (c) In a criminal case to which this subsection applies, if
206 the trial is by jury, jurors shall be instructed that they may,
207 but are not required to, draw an inference of exploitation upon
208 proof beyond a reasonable doubt of the facts listed in this
209 subsection. The presumption of this subsection imposes no burden
210 of proof on the defendant.
211 (3)(2)(a) If the funds, assets, or property involved in the
212 exploitation of the elderly person or disabled adult is valued
213 at $50,000 $100,000 or more, the offender commits a felony of
214 the first degree, punishable as provided in s. 775.082, s.
215 775.083, or s. 775.084.
216 (b) If the funds, assets, or property involved in the
217 exploitation of the elderly person or disabled adult is valued
218 at $10,000 $20,000 or more, but less than $50,000 $100,000, the
219 offender commits a felony of the second degree, punishable as
220 provided in s. 775.082, s. 775.083, or s. 775.084.
221 (c) If the funds, assets, or property involved in the
222 exploitation of an elderly person or disabled adult is valued at
223 less than $10,000 $20,000, the offender commits a felony of the
224 third degree, punishable as provided in s. 775.082, s. 775.083,
225 or s. 775.084.
226 (4) If a person is charged with financial exploitation of
227 an elderly person or disabled adult that involves the taking of
228 or loss of property valued at more than $5,000 and property
229 belonging to a victim is seized from the defendant pursuant to a
230 search warrant, the court shall hold an evidentiary hearing and
231 determine, by a preponderance of the evidence, whether the
232 defendant unlawfully obtained the victim’s property. If the
233 court finds that the property was unlawfully obtained, the court
234 may order it returned to the victim for restitution purposes
235 before trial on the charge. This determination is inadmissible
236 in evidence at trial on the charge and does not give rise to any
237 inference that the defendant has committed an offense under this
238 section.
239 Section 5. Paragraph (a) of subsection (5) of section
240 775.0844, Florida Statutes, is amended to read:
241 775.0844 White Collar Crime Victim Protection Act.—
242 (5) Any person who commits an aggravated white collar crime
243 as defined in this section and in so doing either:
244 (a) Victimizes 10 or more elderly persons, as defined in s.
245 825.101(5);
246
247 and thereby obtains or attempts to obtain $50,000 or more,
248 commits a felony of the first degree, punishable as provided in
249 s. 775.082, s. 775.083, or s. 775.084.
250 Section 6. Paragraphs (f), (g), and (h) of subsection (3)
251 of section 921.0022, Florida Statutes, are amended to read:
252 921.0022 Criminal Punishment Code; offense severity ranking
253 chart.—
254 (3) OFFENSE SEVERITY RANKING CHART
255 (f) LEVEL 6
256
257 FloridaStatute FelonyDegree Description
258 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
259 499.0051(3) 2nd Knowing forgery of pedigree papers.
260 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
261 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
262 775.0875(1) 3rd Taking firearm from law enforcement officer.
263 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
264 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
265 784.041 3rd Felony battery; domestic battery by strangulation.
266 784.048(3) 3rd Aggravated stalking; credible threat.
267 784.048(5) 3rd Aggravated stalking of person under 16.
268 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
269 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
270 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
271 784.081(2) 2nd Aggravated assault on specified official or employee.
272 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
273 784.083(2) 2nd Aggravated assault on code inspector.
274 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
275 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
276 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
277 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
278 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
279 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
280 794.05(1) 2nd Unlawful sexual activity with specified minor.
281 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
282 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
283 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
284 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
285 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
286 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
287 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
288 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
289 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
290 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
291 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
292 825.102(1) 3rd Abuse of an elderly person or disabled adult.
293 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
294 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
295 825.103(3)(c) 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000 $20,000.
296 827.03(2)(c) 3rd Abuse of a child.
297 827.03(2)(d) 3rd Neglect of a child.
298 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
299 836.05 2nd Threats; extortion.
300 836.10 2nd Written threats to kill or do bodily injury.
301 843.12 3rd Aids or assists person to escape.
302 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
303 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
304 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
305 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
306 944.35(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.
307 944.40 2nd Escapes.
308 944.46 3rd Harboring, concealing, aiding escaped prisoners.
309 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
310 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
311 (g) LEVEL 7
312
313
314 FloridaStatute FelonyDegree Description
315 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
316 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
317 316.1935(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.
318 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
319 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
320 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
321 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
322 456.065(2) 3rd Practicing a health care profession without a license.
323 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
324 458.327(1) 3rd Practicing medicine without a license.
325 459.013(1) 3rd Practicing osteopathic medicine without a license.
326 460.411(1) 3rd Practicing chiropractic medicine without a license.
327 461.012(1) 3rd Practicing podiatric medicine without a license.
328 462.17 3rd Practicing naturopathy without a license.
329 463.015(1) 3rd Practicing optometry without a license.
330 464.016(1) 3rd Practicing nursing without a license.
331 465.015(2) 3rd Practicing pharmacy without a license.
332 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
333 467.201 3rd Practicing midwifery without a license.
334 468.366 3rd Delivering respiratory care services without a license.
335 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
336 483.901(9) 3rd Practicing medical physics without a license.
337 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
338 484.053 3rd Dispensing hearing aids without a license.
339 494.0018(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.
340 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
341 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
342 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
343 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
344 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
345 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
346 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
347 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
348 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
349 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
350 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
351 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
352 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
353 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
354 784.048(7) 3rd Aggravated stalking; violation of court order.
355 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
356 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
357 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
358 784.081(1) 1st Aggravated battery on specified official or employee.
359 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
360 784.083(1) 1st Aggravated battery on code inspector.
361 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
362 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
363 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
364 790.16(1) 1st Discharge of a machine gun under specified circumstances.
365 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
366 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
367 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
368 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
369 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
370 794.08(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.
371 796.03 2nd Procuring any person under 16 years for prostitution.
372 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
373 800.04(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.
374 806.01(2) 2nd Maliciously damage structure by fire or explosive.
375 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
376 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
377 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
378 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
379 812.014(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.
380 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
381 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
382 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
383 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
384 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
385 812.131(2)(a) 2nd Robbery by sudden snatching.
386 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
387 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
388 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
389 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
390 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
391 817.2341 (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.
392 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
393 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
394 825.103(3)(b) 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 $20,000 or more, but less than $50,000 $100,000.
395 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
396 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
397 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
398 838.015 2nd Bribery.
399 838.016 2nd Unlawful compensation or reward for official behavior.
400 838.021(3)(a) 2nd Unlawful harm to a public servant.
401 838.22 2nd Bid tampering.
402 843.0855(2) 3rd Impersonation of a public officer or employee.
403 843.0855(3) 3rd Unlawful simulation of legal process.
404 843.0855(4) 3rd Intimidation of a public officer or employee.
405 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
406 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
407 872.06 2nd Abuse of a dead human body.
408 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
409 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
410 893.13(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.
411 893.13(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.
412 893.13(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).
413 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
414 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
415 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
416 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
417 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
418 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
419 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
420 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
421 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
422 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
423 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
424 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
425 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
426 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
427 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
428 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
429 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
430 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
431 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
432 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
433 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
434 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
435 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
436 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
437 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
438 (h) LEVEL 8
439
440
441 FloridaStatute FelonyDegree Description
442 316.193 (3)(c)3.a. 2nd DUI manslaughter.
443 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
444 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
445 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
446 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
447 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
448 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
449 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
450 777.03(2)(a) 1st Accessory after the fact, capital felony.
451 782.04(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.
452 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
453 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
454 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
455 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
456 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
457 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
458 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
459 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
460 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
461 800.04(4) 2nd Lewd or lascivious battery.
462 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
463 810.02(2)(a) 1st,PBL Burglary with assault or battery.
464 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
465 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
466 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
467 812.13(2)(b) 1st Robbery with a weapon.
468 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
469 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
470 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
471 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
472 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
473 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
474 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
475 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
476 825.103(3)(a) 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 $100,000 or more.
477 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
478 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
479 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
480 860.16 1st Aircraft piracy.
481 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
482 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
483 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
484 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
485 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
486 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
487 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
488 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
489 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
490 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
491 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
492 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
493 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
494 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
495 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
496 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
497 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
498 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
499 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
500 Section 7. For the purpose of incorporating the amendment
501 made by this act to section 825.103, Florida Statutes, in a
502 reference thereto, subsection (1) of section 772.11, Florida
503 Statutes, is reenacted to read:
504 772.11 Civil remedy for theft or exploitation.—
505 (1) Any person who proves by clear and convincing evidence
506 that he or she has been injured in any fashion by reason of any
507 violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of
508 action for threefold the actual damages sustained and, in any
509 such action, is entitled to minimum damages in the amount of
510 $200, and reasonable attorney’s fees and court costs in the
511 trial and appellate courts. Before filing an action for damages
512 under this section, the person claiming injury must make a
513 written demand for $200 or the treble damage amount of the
514 person liable for damages under this section. If the person to
515 whom a written demand is made complies with such demand within
516 30 days after receipt of the demand, that person shall be given
517 a written release from further civil liability for the specific
518 act of theft or exploitation by the person making the written
519 demand. Any person who has a cause of action under this section
520 may recover the damages allowed under this section from the
521 parents or legal guardian of any unemancipated minor who lives
522 with his or her parents or legal guardian and who is liable for
523 damages under this section. Punitive damages may not be awarded
524 under this section. The defendant is entitled to recover
525 reasonable attorney’s fees and court costs in the trial and
526 appellate courts upon a finding that the claimant raised a claim
527 that was without substantial fact or legal support. In awarding
528 attorney’s fees and costs under this section, the court may not
529 consider the ability of the opposing party to pay such fees and
530 costs. This section does not limit any right to recover
531 attorney’s fees or costs provided under any other law.
532 Section 8. This act shall take effect October 1, 2014.