Florida Senate - 2014 SB 1440
By Senator Flores
37-01384-14 20141440__
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 450.021, F.S.; prohibiting the employment of minors in
4 adult theaters; amending s. 450.045, F.S.; requiring
5 adult theaters to verify the ages of employees and
6 independent contractors and maintain specified
7 documentation; amending s. 775.15, F.S.; eliminating
8 the statute of limitations for prosecutions under a
9 specified human trafficking provision; providing
10 applicability; amending s. 787.06, F.S.; revising and
11 providing penalties for various human trafficking
12 offenses against minors and adults; amending s.
13 775.082, F.S.; providing life sentences for specified
14 felonies; amending ss. 796.05 and 796.07, F.S.;
15 revising and providing penalties for various
16 prostitution and human trafficking offenses against
17 adults and minors; amending s. 943.0583, F.S.;
18 providing for expunction of criminal history records
19 of certain criminal charges against victims of human
20 trafficking that did not result in convictions;
21 requiring destruction of investigative records related
22 to such expunged records; amending s. 921.0022, F.S.;
23 conforming provisions of the offense severity ranking
24 chart of the Criminal Punishment Code to changes made
25 by the act; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (5) is added to section 450.021,
30 Florida Statutes, to read:
31 450.021 Minimum age; general.—
32 (5) A person 17 years of age or younger, whether or not
33 such person’s disabilities of nonage have been removed by
34 marriage or otherwise, may not be employed, permitted, or
35 suffered to work in an adult theater as defined in s.
36 847.001(2)(b).
37 Section 2. Subsection (3) is added to section 450.045,
38 Florida Statutes, to read:
39 450.045 Proof of age; posting of notices.—
40 (3) An adult theater as defined in s. 847.001(2)(b) shall
41 obtain proof of the identity and age of each of its employees or
42 independent contractors before his or her employment or
43 provision of services as an independent contractor. The adult
44 theater shall obtain and keep on record a photocopy of the
45 person’s driver license or state or federal government-issued
46 photo identification card during the entire period of employment
47 or business relationship with the independent contractor. The
48 adult theater shall verify the validity of the age verification
49 document with the issuer and shall maintain a record of the
50 verification with the copy of the document at the location where
51 the employee or independent contractor works or provides
52 services to the adult theater. The department and its agents
53 have authority to enter and inspect at any time a place or
54 establishment covered by this subsection and to have access to
55 age verification documents kept on file by the adult theater and
56 such other records as may aid in the enforcement of this
57 subsection.
58 Section 3. Subsection (18) is added to section 775.15,
59 Florida Statutes, to read:
60 775.15 Time limitations; general time limitations;
61 exceptions.—
62 (18) A prosecution for a violation of s. 787.06 may be
63 commenced at any time. This subsection applies to any such
64 offense except an offense the prosecution of which would have
65 been barred by subsection (2) on or before October 1, 2014.
66 Section 4. Subsections (3) and (4) of section 787.06,
67 Florida Statutes, are amended, present subsections (5) through
68 (7) of that section are redesignated as subsections (7) through
69 (9), respectively, and new subsections (5) and (6) are added to
70 that section, to read:
71 787.06 Human trafficking.—
72 (3) Any person who knowingly, or in reckless disregard of
73 the facts, engages in, or attempts to engage in, or benefits
74 financially by receiving anything of value from participation in
75 a venture that has subjected a person to human trafficking:
76 (a) Using coercion for labor or services of an adult
77 commits a felony of the first degree, punishable as provided in
78 s. 775.082, s. 775.083, or s. 775.084.
79 (b) Using coercion for commercial sexual activity of an
80 adult commits a life felony of the first degree, punishable as
81 provided in s. 775.082, s. 775.083, or s. 775.084.
82 (c) Using coercion for labor or services of an adult any
83 individual who is an unauthorized alien commits a felony of the
84 first degree, punishable as provided in s. 775.082, s. 775.083,
85 or s. 775.084.
86 (d) Using coercion for commercial sexual activity of an
87 adult any individual who is an unauthorized alien commits a life
88 felony of the first degree, punishable as provided in s.
89 775.082, s. 775.083, or s. 775.084.
90 (e) Using coercion for labor or services who does so by the
91 transfer or transport of an adult any individual from outside
92 this state to within the state commits a felony of the first
93 degree, punishable as provided in s. 775.082, s. 775.083, or s.
94 775.084.
95 (f) Using coercion for commercial sexual activity who does
96 so by the transfer or transport of an adult any individual from
97 outside this state to within the state commits a life felony of
98 the first degree, punishable as provided in s. 775.082, s.
99 775.083, or s. 775.084.
100 (g) For commercial sexual activity in which any child under
101 the age of 18 is involved commits a life felony of the first
102 degree, punishable by imprisonment for a term of years not
103 exceeding life, or as provided in s. 775.082(3)(a)5. s. 775.082,
104 s. 775.083, or s. 775.084. In a prosecution under this paragraph
105 in which the defendant had a reasonable opportunity to observe
106 the person who was subject to human trafficking, the state need
107 not prove that the defendant knew that the person had not
108 attained the age of 18 years.
109 (h) For commercial sexual activity in which any child under
110 the age of 15 is involved commits a life felony, punishable as
111 provided in s. 775.082, s. 775.083, or s. 775.084. In a
112 prosecution under this paragraph in which the defendant had a
113 reasonable opportunity to observe the person who was subject to
114 human trafficking, the state need not prove that the defendant
115 knew that the person had not attained the age of 15 years.
116
117 For each instance of human trafficking of any individual under
118 this subsection, a separate crime is committed and a separate
119 punishment is authorized.
120 (4) Any parent, legal guardian, or other person having
121 custody or control of a minor who sells or otherwise transfers
122 custody or control of such minor, or offers to sell or otherwise
123 transfer custody of such minor, with knowledge or in reckless
124 disregard of the fact that, as a consequence of the sale or
125 transfer, the minor will be subject to human trafficking commits
126 a life first degree felony, punishable as provided in s.
127 775.082, s. 775.083, or s. 775.084.
128 (5)(a) The felony degree of an offense under subsection (3)
129 or subsection (4) shall be reclassified as provided in this
130 subsection if the victim of the offense was permanently branded
131 by, or at the direction of, the offender. For purposes of this
132 subsection, the term “permanently branded” means a mark on the
133 individual’s body which, if it can be removed or repaired at
134 all, can only be removed or repaired by surgical means.
135 (b)1. In the case of a felony of the first degree, the
136 offense is reclassified to a life felony.
137 2. In the case of a life felony without a minimum mandatory
138 sentence, the offense is reclassified to a life felony with a
139 minimum mandatory term of imprisonment of 30 years.
140 3. In the case of a life felony with a minimum mandatory
141 term of imprisonment of 30 years, the offense is reclassified to
142 a life felony punishable by a term of imprisonment for life.
143
144 For purposes of sentencing under chapter 921, a felony offense
145 that is reclassified under this subsection is ranked one level
146 above the ranking under s. 921.0022 or s. 921.0023 of the
147 offense committed.
148 (6)(a) The felony degree of an offense under subsection (3)
149 or subsection (4) and, if applicable, as enhanced under
150 subsection (5) shall be reclassified or further reclassified as
151 provided in this subsection if the victim of the offense has a
152 mental incapacitation. For purposes of this subsection, the term
153 “mental incapacitation” means that due to a developmental
154 disability or organic brain damage, the ability of the person to
155 provide adequately for his or her own care or protection is
156 impaired.
157 (b)1. In the case of a felony of the first degree, the
158 offense is reclassified to a life felony.
159 2. In the case of a life felony without a minimum mandatory
160 sentence, the offense is reclassified to a life felony with a
161 minimum mandatory term of imprisonment of 30 years.
162 3. In the case of a life felony with a minimum mandatory
163 term of imprisonment of 30 years, the offense is reclassified to
164 a life felony punishable by a term of imprisonment for life.
165
166 For purposes of sentencing under chapter 921, a felony offense
167 that is reclassified under this subsection is ranked one level
168 above the ranking under s. 921.0022 or s. 921.0023 of the
169 offense committed.
170 Section 5. Paragraph (a) of subsection (3) of section
171 775.082, Florida Statutes, is amended to read:
172 775.082 Penalties; applicability of sentencing structures;
173 mandatory minimum sentences for certain reoffenders previously
174 released from prison.—
175 (3) A person who has been convicted of any other designated
176 felony may be punished as follows:
177 (a)1. For a life felony committed prior to October 1, 1983,
178 by a term of imprisonment for life or for a term of years not
179 less than 30.
180 2. For a life felony committed on or after October 1, 1983,
181 by a term of imprisonment for life or by a term of imprisonment
182 not exceeding 40 years.
183 3. Except as provided in subparagraph 4., for a life felony
184 committed on or after July 1, 1995, by a term of imprisonment
185 for life or by imprisonment for a term of years not exceeding
186 life imprisonment.
187 4.a. Except as provided in sub-subparagraph b., for a life
188 felony committed on or after September 1, 2005, which is a
189 violation of s. 800.04(5)(b), by:
190 (I) A term of imprisonment for life; or
191 (II) A split sentence that is a term of not less than 25
192 years’ imprisonment and not exceeding life imprisonment,
193 followed by probation or community control for the remainder of
194 the person’s natural life, as provided in s. 948.012(4).
195 b. For a life felony committed on or after July 1, 2008,
196 which is a person’s second or subsequent violation of s.
197 800.04(5)(b), by a term of imprisonment for life.
198 5. For a life felony committed on or after October 1, 2014,
199 which is a violation of s. 787.06(3)(g) or s. 796.05(2)(b), by a
200 term of imprisonment for life.
201 Section 6. Section 796.05, Florida Statutes, is amended to
202 read:
203 796.05 Deriving support from the proceeds of prostitution
204 or human trafficking.—
205 (1) It shall be unlawful for any person with reasonable
206 belief or knowing another person is engaged in prostitution or
207 is a victim of human trafficking under s. 787.06 to live or
208 derive support or maintenance in whole or in part from what is
209 believed to be the earnings or proceeds of such person’s
210 prostitution.
211 (2) Anyone violating this section commits:
212 (a) If the person is engaged in prostitution or is a victim
213 of human trafficking and is an adult:
214 1. For a first offense, a felony of the second third
215 degree, punishable as provided in s. 775.082, s. 775.083, or s.
216 775.084.
217 2. For a second offense, a felony of the first degree,
218 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
219 3. For a third or subsequent offense, a life felony,
220 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
221 (b) If the person is engaged in prostitution or is a victim
222 of human trafficking and is a minor, punishable as if a
223 violation of s. 787.06(3)(g) had been committed.
224 Section 7. Present subsections (5) and (6) of section
225 796.07, Florida Statutes, are redesignated as subsections (6)
226 and (7), respectively, subsection (4) of that section is
227 amended, and a new subsection (5) is added to that section, to
228 read:
229 796.07 Prohibiting prostitution and related acts.—
230 (4) Except as provided in subsection (5), a person who
231 violates any provision of this section commits:
232 (a) A misdemeanor of the second degree for a first
233 violation, punishable as provided in s. 775.082 or s. 775.083.
234 (b) A misdemeanor of the first degree for a second
235 violation, punishable as provided in s. 775.082 or s. 775.083.
236 (c) A felony of the third degree for a third or subsequent
237 violation, punishable as provided in s. 775.082, s. 775.083, or
238 s. 775.084.
239 (5)(a) A person who violates paragraph (2)(f) by soliciting
240 an adult commits:
241 1. For a first offense, a felony of the third degree,
242 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
243 2. For a second offense, a felony of the second degree,
244 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
245 3. For a third or subsequent offense, a felony of the first
246 degree, punishable as provided in s. 775.082, s. 775.083, or s.
247 775.084.
248 (b) A person who violates paragraph (2)(f) by soliciting a
249 minor commits:
250 1. For a first offense, a felony of the first degree,
251 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
252 2. For a second offense, a felony of the first degree,
253 punishable by imprisonment for a term of years not exceeding
254 life imprisonment or as provided in s. 775.082, s. 775.083, or
255 s. 775.084.
256 3. For a third or subsequent offense, a life felony,
257 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
258 with a minimum mandatory term of imprisonment of 30 years.
259 Section 8. Subsection (3) and paragraph (a) of subsection
260 (8) of section 943.0583, Florida Statutes, are amended to read:
261 943.0583 Human trafficking victim expunction.—
262 (3) A person who is a victim of human trafficking may
263 petition for the expunction of any conviction or the expunction
264 of a criminal charge for which there was no conviction for an
265 offense committed or allegedly committed while the person he or
266 she was a victim of human trafficking or an, which offense was
267 committed or was allegedly committed as a part of the human
268 trafficking scheme of which the person he or she was a victim or
269 at the direction of an operator of the scheme, including, but
270 not limited to, violations under chapters 796 and 847. However,
271 this section does not apply to any offense listed in s.
272 775.084(1)(b)1. Determination of the petition under this section
273 should be by a preponderance of the evidence. A conviction
274 expunged under this section is deemed to have been vacated due
275 to a substantive defect in the underlying criminal proceedings.
276 (8)(a) Any criminal history record of a minor or an adult
277 that is ordered expunged by the court of original jurisdiction
278 over the crime or charge sought to be expunged pursuant to this
279 section and all criminal investigative information relating to
280 that record must be physically destroyed or obliterated by any
281 criminal justice agency having custody of such record or
282 information, except that any criminal history record or
283 investigative information in the custody of the department must
284 be retained in all cases.
285 Section 9. Paragraphs (c) and (e) through (j) of subsection
286 (3) of section 921.0022, Florida Statutes, are amended to read:
287 921.0022 Criminal Punishment Code; offense severity ranking
288 chart.—
289 (3) OFFENSE SEVERITY RANKING CHART
290 (c) LEVEL 3
291
292 FloridaStatute FelonyDegree Description
293 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
294 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
295 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
296 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
297 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
298 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
299 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
300 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
301 327.35(2)(b) 3rd Felony BUI.
302 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
303 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
304 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
305 379.2431 (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.
306 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
307 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
308 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
309 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
310 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
311 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
312 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
313 697.08 3rd Equity skimming.
314 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
315 796.05(1) 3rd Live on earnings of a prostitute.
316 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
317 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
318 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
319 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
320 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
321 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
322 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
323 817.233 3rd Burning to defraud insurer.
324 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
325 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
326 817.236 3rd Filing a false motor vehicle insurance application.
327 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
328 817.413(2) 3rd Sale of used goods as new.
329 817.505(4) 3rd Patient brokering.
330 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
331 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
332 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
333 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
334 843.19 3rd Injure, disable, or kill police dog or horse.
335 860.15(3) 3rd Overcharging for repairs and parts.
336 870.01(2) 3rd Riot; inciting or encouraging.
337 893.13(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).
338 893.13(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.
339 893.13(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.
340 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
341 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
342 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
343 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
344 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
345 893.13(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.
346 893.13(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.
347 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
348 893.13(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.
349 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
350 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
351 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
352 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
353 (e) LEVEL 5
354
355
356 FloridaStatute FelonyDegree Description
357 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
358 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
359 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
360 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
361 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
362 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
363 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
364 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
365 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
366 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
367 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
368 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
369 790.01(2) 3rd Carrying a concealed firearm.
370 790.162 2nd Threat to throw or discharge destructive device.
371 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
372 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
373 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
374 796.05(1) 2nd Live on earnings of an adult prostitute; 1st offense.
375 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
376 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
377 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
378 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
379 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
380 812.019(1) 2nd Stolen property; dealing in or trafficking in.
381 812.131(2)(b) 3rd Robbery by sudden snatching.
382 812.16(2) 3rd Owning, operating, or conducting a chop shop.
383 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
384 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
385 817.2341(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.
386 817.568(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.
387 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
388 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
389 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
390 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
391 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
392 843.01 3rd Resist officer with violence to person; resist arrest with violence.
393 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
394 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
395 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
396 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
397 874.05(2)(a) 2nd Encouraging or recruiting person under 13 to join a criminal gang.
398 893.13(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).
399 893.13(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.
400 893.13(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.
401 893.13(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.
402 893.13(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.
403 893.13(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).
404 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
405 (f) LEVEL 6
406
407
408 FloridaStatute FelonyDegree Description
409 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
410 499.0051(3) 2nd Knowing forgery of pedigree papers.
411 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
412 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
413 775.0875(1) 3rd Taking firearm from law enforcement officer.
414 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
415 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
416 784.041 3rd Felony battery; domestic battery by strangulation.
417 784.048(3) 3rd Aggravated stalking; credible threat.
418 784.048(5) 3rd Aggravated stalking of person under 16.
419 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
420 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
421 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
422 784.081(2) 2nd Aggravated assault on specified official or employee.
423 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
424 784.083(2) 2nd Aggravated assault on code inspector.
425 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
426 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
427 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
428 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
429 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
430 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
431 794.05(1) 2nd Unlawful sexual activity with specified minor.
432 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
433 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
434 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
435 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
436 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
437 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
438 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
439 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
440 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
441 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
442 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
443 825.102(1) 3rd Abuse of an elderly person or disabled adult.
444 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
445 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
446 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
447 827.03(2)(c) 3rd Abuse of a child.
448 827.03(2)(d) 3rd Neglect of a child.
449 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
450 836.05 2nd Threats; extortion.
451 836.10 2nd Written threats to kill or do bodily injury.
452 843.12 3rd Aids or assists person to escape.
453 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
454 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
455 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
456 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
457 944.35(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.
458 944.40 2nd Escapes.
459 944.46 3rd Harboring, concealing, aiding escaped prisoners.
460 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
461 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
462 (g) LEVEL 7
463
464
465 FloridaStatute FelonyDegree Description
466 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
467 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
468 316.1935(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.
469 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
470 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
471 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
472 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
473 456.065(2) 3rd Practicing a health care profession without a license.
474 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
475 458.327(1) 3rd Practicing medicine without a license.
476 459.013(1) 3rd Practicing osteopathic medicine without a license.
477 460.411(1) 3rd Practicing chiropractic medicine without a license.
478 461.012(1) 3rd Practicing podiatric medicine without a license.
479 462.17 3rd Practicing naturopathy without a license.
480 463.015(1) 3rd Practicing optometry without a license.
481 464.016(1) 3rd Practicing nursing without a license.
482 465.015(2) 3rd Practicing pharmacy without a license.
483 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
484 467.201 3rd Practicing midwifery without a license.
485 468.366 3rd Delivering respiratory care services without a license.
486 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
487 483.901(9) 3rd Practicing medical physics without a license.
488 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
489 484.053 3rd Dispensing hearing aids without a license.
490 494.0018(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.
491 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
492 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
493 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
494 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
495 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
496 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
497 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
498 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
499 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
500 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
501 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
502 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
503 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
504 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
505 784.048(7) 3rd Aggravated stalking; violation of court order.
506 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
507 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
508 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
509 784.081(1) 1st Aggravated battery on specified official or employee.
510 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
511 784.083(1) 1st Aggravated battery on code inspector.
512 787.06(3)(a) 1st Human trafficking using coercion for labor and services of an adult.
513 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult any individual from outside Florida to within the state.
514 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
515 790.16(1) 1st Discharge of a machine gun under specified circumstances.
516 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
517 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
518 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
519 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
520 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
521 794.08(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.
522 796.03 2nd Procuring any person under 16 years for prostitution.
523 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
524 800.04(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.
525 806.01(2) 2nd Maliciously damage structure by fire or explosive.
526 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
527 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
528 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
529 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
530 812.014(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.
531 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
532 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
533 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
534 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
535 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
536 812.131(2)(a) 2nd Robbery by sudden snatching.
537 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
538 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
539 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
540 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
541 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
542 817.2341 (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.
543 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
544 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
545 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
546 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
547 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
548 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
549 838.015 2nd Bribery.
550 838.016 2nd Unlawful compensation or reward for official behavior.
551 838.021(3)(a) 2nd Unlawful harm to a public servant.
552 838.22 2nd Bid tampering.
553 843.0855(2) 3rd Impersonation of a public officer or employee.
554 843.0855(3) 3rd Unlawful simulation of legal process.
555 843.0855(4) 3rd Intimidation of a public officer or employee.
556 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
557 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
558 872.06 2nd Abuse of a dead human body.
559 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
560 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
561 893.13(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.
562 893.13(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.
563 893.13(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).
564 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
565 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
566 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
567 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
568 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
569 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
570 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
571 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
572 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
573 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
574 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
575 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
576 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
577 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
578 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
579 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
580 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
581 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
582 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
583 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
584 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
585 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
586 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
587 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
588 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
589 (h) LEVEL 8
590
591
592 FloridaStatute FelonyDegree Description
593 316.193 (3)(c)3.a. 2nd DUI manslaughter.
594 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
595 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
596 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
597 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
598 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
599 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
600 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
601 777.03(2)(a) 1st Accessory after the fact, capital felony.
602 782.04(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.
603 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
604 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
605 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
606 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
607 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
608 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
609 787.06(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.
610 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
611 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
612 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
613 796.05(1) 1st Live on earnings of a minor prostitute; 1st offense.
614 800.04(4) 2nd Lewd or lascivious battery.
615 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
616 810.02(2)(a) 1st,PBL Burglary with assault or battery.
617 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
618 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
619 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
620 812.13(2)(b) 1st Robbery with a weapon.
621 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
622 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
623 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
624 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
625 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
626 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
627 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
628 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
629 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
630 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
631 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
632 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
633 860.16 1st Aircraft piracy.
634 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
635 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
636 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
637 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
638 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
639 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
640 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
641 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
642 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
643 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
644 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
645 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
646 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
647 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
648 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
649 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
650 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
651 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
652 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
653 (i) LEVEL 9
654
655
656 FloridaStatute FelonyDegree Description
657 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
658 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
659 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
660 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
661 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
662 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
663 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
664 775.0844 1st Aggravated white collar crime.
665 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
666 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
667 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
668 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
669 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
670 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
671 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
672 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
673 787.06(3)(b) Life Human trafficking using coercion for commercial sexual activity of an adult.
674 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
675 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
676 787.06(4) 1st Selling or buying of minors into human trafficking.
677 790.161 1st Attempted capital destructive device offense.
678 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
679 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
680 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
681 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
682 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
683 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
684 796.035 1st Selling or buying of minors into prostitution.
685 796.05(1) Life Live on earnings of a minor prostitute; 2nd offense.
686 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
687 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
688 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
689 812.135(2)(b) 1st Home-invasion robbery with weapon.
690 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
691 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
692 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
693 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
694 827.03(2)(a) 1st Aggravated child abuse.
695 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
696 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
697 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
698 893.135 1st Attempted capital trafficking offense.
699 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
700 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
701 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
702 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
703 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
704 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
705 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
706 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
707 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
708 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
709 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
710 (j) LEVEL 10
711
712
713 FloridaStatute FelonyDegree Description
714 499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
715 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
716 782.07(3) 1st Aggravated manslaughter of a child.
717 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
718 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
719 787.06(3)(d) Life Human trafficking using coercion for commercial sexual activity of an unauthorized adult.
720 787.06(3)(f) Life Human trafficking using coercion for commercial sexual activity by the transfer or transport of an adult from outside Florida to within the state.
721 787.06(3)(h) Life Human trafficking for commercial sexual activity of a child under the age of 15.
722 787.06(4) Life Selling or buying of minors into human trafficking.
723 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
724 796.05(1) Life Live on earnings of an adult prostitute; 3rd and subsequent offense.
725 796.05(1) Life Live on earnings of a minor prostitute; 3rd or subsequent offense.
726 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
727 876.32 1st Treason against the state.
728 Section 10. This act shall take effect October 1, 2014.