Florida Senate - 2014 SB 360
By Senator Bradley
7-00124-14 2014360__
1 A bill to be entitled
2 An act relating to sentencing for controlled substance
3 violations; amending s. 893.135, F.S.; providing that
4 a person who knowingly sells, purchases, manufactures,
5 delivers, or brings into this state specified
6 quantities of oxycodone or hydrocodone, or who is
7 knowingly in actual or constructive possession of
8 specified quantities of oxycodone or hydrocodone,
9 commits the offense of trafficking in illegal
10 prescription drugs, a felony of the first degree;
11 providing criminal penalties; amending s. 921.0022,
12 F.S.; ranking the offenses of trafficking in illegal
13 prescription drugs for purposes of the criminal
14 punishment code; reenacting s. 775.087(2)(a) and
15 (3)(a), F.S., relating to mandatory minimum sentences
16 for the possession or use of a weapon during the
17 commission of certain offenses, to incorporate the
18 amendments made to s. 893.135, F.S., in a reference
19 thereto; reenacting s. 782.04(1)(a), (3), and (4),
20 F.S., relating to the classification of a murder
21 committed during the commission of certain offenses,
22 to incorporate the amendments made to s. 893.135,
23 F.S., in a reference thereto; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (c) of subsection (1) of section
29 893.135, Florida Statutes, is amended to read:
30 893.135 Trafficking; mandatory sentences; suspension or
31 reduction of sentences; conspiracy to engage in trafficking.—
32 (1) Except as authorized in this chapter or in chapter 499
33 and notwithstanding the provisions of s. 893.13:
34 (c)1. Any person who knowingly sells, purchases,
35 manufactures, delivers, or brings into this state, or who is
36 knowingly in actual or constructive possession of, 4 grams or
37 more of any morphine, opium, oxycodone, hydrocodone,
38 hydromorphone, or any salt, derivative, isomer, or salt of an
39 isomer thereof, including heroin, as described in s.
40 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
41 of any mixture containing any such substance, but less than 30
42 kilograms of such substance or mixture, commits a felony of the
43 first degree, which felony shall be known as “trafficking in
44 illegal drugs,” punishable as provided in s. 775.082, s.
45 775.083, or s. 775.084. If the quantity involved:
46 a. Is 4 grams or more, but less than 14 grams, such person
47 shall be sentenced to a mandatory minimum term of imprisonment
48 of 3 years, and the defendant shall be ordered to pay a fine of
49 $50,000.
50 b. Is 14 grams or more, but less than 28 grams, such person
51 shall be sentenced to a mandatory minimum term of imprisonment
52 of 15 years, and the defendant shall be ordered to pay a fine of
53 $100,000.
54 c. Is 28 grams or more, but less than 30 kilograms, such
55 person shall be sentenced to a mandatory minimum term of
56 imprisonment of 25 calendar years and pay a fine of $500,000.
57 2. Any person who knowingly sells, purchases, manufactures,
58 delivers, or brings into this state, or who is knowingly in
59 actual or constructive possession of, 30 kilograms or more of
60 any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
61 any salt, derivative, isomer, or salt of an isomer thereof,
62 including heroin, as described in s. 893.03(1)(b), (2)(a),
63 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
64 containing any such substance, commits the first degree felony
65 of trafficking in illegal drugs. A person who has been convicted
66 of the first degree felony of trafficking in illegal drugs under
67 this subparagraph shall be punished by life imprisonment and is
68 ineligible for any form of discretionary early release except
69 pardon or executive clemency or conditional medical release
70 under s. 947.149. However, if the court determines that, in
71 addition to committing any act specified in this paragraph:
72 a. The person intentionally killed an individual or
73 counseled, commanded, induced, procured, or caused the
74 intentional killing of an individual and such killing was the
75 result; or
76 b. The person’s conduct in committing that act led to a
77 natural, though not inevitable, lethal result,
78
79 such person commits the capital felony of trafficking in illegal
80 drugs, punishable as provided in ss. 775.082 and 921.142. Any
81 person sentenced for a capital felony under this paragraph shall
82 also be sentenced to pay the maximum fine provided under
83 subparagraph 1.
84 3. Any person who knowingly sells, purchases, manufactures,
85 delivers, or brings into this state, or who is knowingly in
86 actual or constructive possession of, 14 grams or more of any
87 oxycodone or hydrocodone, or 14 grams or more of any mixture
88 containing any such substance, commits a felony of the first
89 degree, which felony shall be known as “trafficking in illegal
90 prescription drugs,” punishable as provided in s. 775.082, s.
91 775.083, or s. 775.084. If the quantity involved:
92 a. Is 14 grams or more, but less than 28 grams, such person
93 shall be sentenced to a mandatory minimum term of imprisonment
94 of 3 years and shall be ordered to pay a fine of $50,000.
95 b. Is 28 grams or more, but less than 50 grams, such person
96 shall be sentenced to a mandatory minimum term of imprisonment
97 of 7 years and shall be ordered to pay a fine of $100,000.
98 c. Is 50 grams or more, but less than 200 grams, such
99 person shall be sentenced to a mandatory minimum term of
100 imprisonment of 15 years and shall be ordered to pay a fine of
101 $500,000.
102 d. Is 200 grams or more, such person shall be sentenced to
103 a mandatory minimum term of imprisonment of 25 years and shall
104 be ordered to pay a fine of $750,000.
105 4.3. Any person who knowingly brings into this state 60
106 kilograms or more of any morphine, opium, oxycodone,
107 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
108 salt of an isomer thereof, including heroin, as described in s.
109 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
110 more of any mixture containing any such substance, and who knows
111 that the probable result of such importation would be the death
112 of any person, commits capital importation of illegal drugs, a
113 capital felony punishable as provided in ss. 775.082 and
114 921.142. Any person sentenced for a capital felony under this
115 paragraph shall also be sentenced to pay the maximum fine
116 provided under subparagraph 1.
117 Section 2. Paragraphs (f) through (i) of subsection (3) of
118 section 921.0022, Florida Statutes, are amended to read:
119 921.0022 Criminal Punishment Code; offense severity ranking
120 chart.—
121 (3) OFFENSE SEVERITY RANKING CHART
122 (f) LEVEL 6
123 FloridaStatute FelonyDegree Description
124 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
125 499.0051(3) 2nd Knowing forgery of pedigree papers.
126 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
127 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
128 775.0875(1) 3rd Taking firearm from law enforcement officer.
129 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
130 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
131 784.041 3rd Felony battery; domestic battery by strangulation.
132 784.048(3) 3rd Aggravated stalking; credible threat.
133 784.048(5) 3rd Aggravated stalking of person under 16.
134 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
135 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
136 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
137 784.081(2) 2nd Aggravated assault on specified official or employee.
138 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
139 784.083(2) 2nd Aggravated assault on code inspector.
140 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
141 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
142 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
143 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
144 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
145 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
146 794.05(1) 2nd Unlawful sexual activity with specified minor.
147 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
148 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
149 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
150 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
151 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
152 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
153 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
154 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
155 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
156 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
157 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
158 825.102(1) 3rd Abuse of an elderly person or disabled adult.
159 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
160 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
161 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
162 827.03(2)(c) 3rd Abuse of a child.
163 827.03(2)(d) 3rd Neglect of a child.
164 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
165 836.05 2nd Threats; extortion.
166 836.10 2nd Written threats to kill or do bodily injury.
167 843.12 3rd Aids or assists person to escape.
168 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
169 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
170 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
171 893.135(1)(c)3.a. 1st Trafficking in illegal prescription drugs, 14 grams or more, less than 28 grams.
172 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
173 944.35(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.
174 944.40 2nd Escapes.
175 944.46 3rd Harboring, concealing, aiding escaped prisoners.
176 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
177 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
178 (g) LEVEL 7
179 FloridaStatute FelonyDegree Description
180 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
181 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
182 316.1935(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.
183 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
184 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
185 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
186 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
187 456.065(2) 3rd Practicing a health care profession without a license.
188 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
189 458.327(1) 3rd Practicing medicine without a license.
190 459.013(1) 3rd Practicing osteopathic medicine without a license.
191 460.411(1) 3rd Practicing chiropractic medicine without a license.
192 461.012(1) 3rd Practicing podiatric medicine without a license.
193 462.17 3rd Practicing naturopathy without a license.
194 463.015(1) 3rd Practicing optometry without a license.
195 464.016(1) 3rd Practicing nursing without a license.
196 465.015(2) 3rd Practicing pharmacy without a license.
197 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
198 467.201 3rd Practicing midwifery without a license.
199 468.366 3rd Delivering respiratory care services without a license.
200 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
201 483.901(9) 3rd Practicing medical physics without a license.
202 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
203 484.053 3rd Dispensing hearing aids without a license.
204 494.0018(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.
205 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
206 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
207 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
208 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
209 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
210 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
211 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
212 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
213 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
214 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
215 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
216 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
217 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
218 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
219 784.048(7) 3rd Aggravated stalking; violation of court order.
220 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
221 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
222 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
223 784.081(1) 1st Aggravated battery on specified official or employee.
224 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
225 784.083(1) 1st Aggravated battery on code inspector.
226 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
227 787.06(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.
228 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
229 790.16(1) 1st Discharge of a machine gun under specified circumstances.
230 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
231 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
232 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
233 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
234 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
235 794.08(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.
236 796.03 2nd Procuring any person under 16 years for prostitution.
237 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
238 800.04(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.
239 806.01(2) 2nd Maliciously damage structure by fire or explosive.
240 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
241 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
242 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
243 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
244 812.014(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.
245 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
246 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
247 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
248 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
249 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
250 812.131(2)(a) 2nd Robbery by sudden snatching.
251 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
252 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
253 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
254 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
255 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
256 817.2341 (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.
257 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
258 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
259 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
260 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
261 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
262 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
263 838.015 2nd Bribery.
264 838.016 2nd Unlawful compensation or reward for official behavior.
265 838.021(3)(a) 2nd Unlawful harm to a public servant.
266 838.22 2nd Bid tampering.
267 843.0855(2) 3rd Impersonation of a public officer or employee.
268 843.0855(3) 3rd Unlawful simulation of legal process.
269 843.0855(4) 3rd Intimidation of a public officer or employee.
270 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
271 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
272 872.06 2nd Abuse of a dead human body.
273 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
274 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
275 893.13(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.
276 893.13(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.
277 893.13(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).
278 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
279 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
280 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
281 893.135(1)(c)3.b. 1st Trafficking in illegal prescription drugs, 28 grams or more, less than 50 grams.
282 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
283 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
284 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
285 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
286 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
287 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
288 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
289 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
290 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
291 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
292 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
293 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
294 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
295 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
296 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
297 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
298 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
299 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
300 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
301 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
302 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
303 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
304 (h) LEVEL 8
305 FloridaStatute FelonyDegree Description
306 316.193 (3)(c)3.a. 2nd DUI manslaughter.
307 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
308 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
309 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
310 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
311 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
312 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
313 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
314 777.03(2)(a) 1st Accessory after the fact, capital felony.
315 782.04(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.
316 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
317 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
318 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
319 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
320 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
321 787.06(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.
322 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
323 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
324 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
325 800.04(4) 2nd Lewd or lascivious battery.
326 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
327 810.02(2)(a) 1st,PBL Burglary with assault or battery.
328 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
329 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
330 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
331 812.13(2)(b) 1st Robbery with a weapon.
332 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
333 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
334 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
335 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
336 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
337 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
338 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
339 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
340 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
341 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
342 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
343 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
344 860.16 1st Aircraft piracy.
345 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
346 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
347 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
348 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
349 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
350 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
351 893.135(1)(c)3.c. 1st Trafficking in illegal prescription drugs, 50 grams or more, less than 200 grams.
352 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
353 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
354 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
355 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
356 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
357 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
358 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
359 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
360 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
361 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
362 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
363 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
364 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
365 (i) LEVEL 9
366 FloridaStatute FelonyDegree Description
367 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
368 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
369 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
370 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
371 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
372 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
373 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
374 775.0844 1st Aggravated white collar crime.
375 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
376 782.04(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.
377 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
378 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
379 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
380 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
381 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
382 787.02(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.
383 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
384 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
385 787.06(4) 1st Selling or buying of minors into human trafficking.
386 790.161 1st Attempted capital destructive device offense.
387 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
388 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
389 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
390 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
391 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
392 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
393 796.035 1st Selling or buying of minors into prostitution.
394 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
395 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
396 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
397 812.135(2)(b) 1st Home-invasion robbery with weapon.
398 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
399 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
400 817.535(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.
401 817.568(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.
402 827.03(2)(a) 1st Aggravated child abuse.
403 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
404 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
405 859.01 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.
406 893.135 1st Attempted capital trafficking offense.
407 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
408 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
409 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
410 893.135(1)(c)3.d. 1st Trafficking in illegal prescription drugs, 200 grams or more.
411 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
412 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
413 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
414 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
415 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
416 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
417 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
418 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
419 Section 3. For the purpose of incorporating the amendment
420 made by this act to section 893.135, Florida Statutes, in a
421 reference thereto, paragraph (a) of subsection (2) and paragraph
422 (a) of subsection (3) of section 775.087, Florida Statutes, are
423 reenacted to read:
424 775.087 Possession or use of weapon; aggravated battery;
425 felony reclassification; minimum sentence.—
426 (2)(a)1. Any person who is convicted of a felony or an
427 attempt to commit a felony, regardless of whether the use of a
428 weapon is an element of the felony, and the conviction was for:
429 a. Murder;
430 b. Sexual battery;
431 c. Robbery;
432 d. Burglary;
433 e. Arson;
434 f. Aggravated assault;
435 g. Aggravated battery;
436 h. Kidnapping;
437 i. Escape;
438 j. Aircraft piracy;
439 k. Aggravated child abuse;
440 l. Aggravated abuse of an elderly person or disabled adult;
441 m. Unlawful throwing, placing, or discharging of a
442 destructive device or bomb;
443 n. Carjacking;
444 o. Home-invasion robbery;
445 p. Aggravated stalking;
446 q. Trafficking in cannabis, trafficking in cocaine, capital
447 importation of cocaine, trafficking in illegal drugs, capital
448 importation of illegal drugs, trafficking in phencyclidine,
449 capital importation of phencyclidine, trafficking in
450 methaqualone, capital importation of methaqualone, trafficking
451 in amphetamine, capital importation of amphetamine, trafficking
452 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
453 (GHB), trafficking in 1,4-Butanediol, trafficking in
454 Phenethylamines, or other violation of s. 893.135(1); or
455 r. Possession of a firearm by a felon
456
457 and during the commission of the offense, such person actually
458 possessed a “firearm” or “destructive device” as those terms are
459 defined in s. 790.001, shall be sentenced to a minimum term of
460 imprisonment of 10 years, except that a person who is convicted
461 for aggravated assault, possession of a firearm by a felon, or
462 burglary of a conveyance shall be sentenced to a minimum term of
463 imprisonment of 3 years if such person possessed a “firearm” or
464 “destructive device” during the commission of the offense.
465 However, if an offender who is convicted of the offense of
466 possession of a firearm by a felon has a previous conviction of
467 committing or attempting to commit a felony listed in s.
468 775.084(1)(b)1. and actually possessed a firearm or destructive
469 device during the commission of the prior felony, the offender
470 shall be sentenced to a minimum term of imprisonment of 10
471 years.
472 2. Any person who is convicted of a felony or an attempt to
473 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
474 regardless of whether the use of a weapon is an element of the
475 felony, and during the course of the commission of the felony
476 such person discharged a “firearm” or “destructive device” as
477 defined in s. 790.001 shall be sentenced to a minimum term of
478 imprisonment of 20 years.
479 3. Any person who is convicted of a felony or an attempt to
480 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
481 regardless of whether the use of a weapon is an element of the
482 felony, and during the course of the commission of the felony
483 such person discharged a “firearm” or “destructive device” as
484 defined in s. 790.001 and, as the result of the discharge, death
485 or great bodily harm was inflicted upon any person, the
486 convicted person shall be sentenced to a minimum term of
487 imprisonment of not less than 25 years and not more than a term
488 of imprisonment of life in prison.
489 (3)(a)1. Any person who is convicted of a felony or an
490 attempt to commit a felony, regardless of whether the use of a
491 firearm is an element of the felony, and the conviction was for:
492 a. Murder;
493 b. Sexual battery;
494 c. Robbery;
495 d. Burglary;
496 e. Arson;
497 f. Aggravated assault;
498 g. Aggravated battery;
499 h. Kidnapping;
500 i. Escape;
501 j. Sale, manufacture, delivery, or intent to sell,
502 manufacture, or deliver any controlled substance;
503 k. Aircraft piracy;
504 l. Aggravated child abuse;
505 m. Aggravated abuse of an elderly person or disabled adult;
506 n. Unlawful throwing, placing, or discharging of a
507 destructive device or bomb;
508 o. Carjacking;
509 p. Home-invasion robbery;
510 q. Aggravated stalking; or
511 r. Trafficking in cannabis, trafficking in cocaine, capital
512 importation of cocaine, trafficking in illegal drugs, capital
513 importation of illegal drugs, trafficking in phencyclidine,
514 capital importation of phencyclidine, trafficking in
515 methaqualone, capital importation of methaqualone, trafficking
516 in amphetamine, capital importation of amphetamine, trafficking
517 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
518 (GHB), trafficking in 1,4-Butanediol, trafficking in
519 Phenethylamines, or other violation of s. 893.135(1);
520
521 and during the commission of the offense, such person possessed
522 a semiautomatic firearm and its high-capacity detachable box
523 magazine or a machine gun as defined in s. 790.001, shall be
524 sentenced to a minimum term of imprisonment of 15 years.
525 2. Any person who is convicted of a felony or an attempt to
526 commit a felony listed in subparagraph (a)1., regardless of
527 whether the use of a weapon is an element of the felony, and
528 during the course of the commission of the felony such person
529 discharged a semiautomatic firearm and its high-capacity box
530 magazine or a “machine gun” as defined in s. 790.001 shall be
531 sentenced to a minimum term of imprisonment of 20 years.
532 3. Any person who is convicted of a felony or an attempt to
533 commit a felony listed in subparagraph (a)1., regardless of
534 whether the use of a weapon is an element of the felony, and
535 during the course of the commission of the felony such person
536 discharged a semiautomatic firearm and its high-capacity box
537 magazine or a “machine gun” as defined in s. 790.001 and, as the
538 result of the discharge, death or great bodily harm was
539 inflicted upon any person, the convicted person shall be
540 sentenced to a minimum term of imprisonment of not less than 25
541 years and not more than a term of imprisonment of life in
542 prison.
543 Section 4. For the purpose of incorporating the amendment
544 made by this act to section 893.135, Florida Statutes, in a
545 reference thereto, paragraph (a) of subsection (1) and
546 subsections (3) and (4) of section 782.04, Florida Statutes, are
547 reenacted to read:
548 782.04 Murder.—
549 (1)(a) The unlawful killing of a human being:
550 1. When perpetrated from a premeditated design to effect
551 the death of the person killed or any human being;
552 2. When committed by a person engaged in the perpetration
553 of, or in the attempt to perpetrate, any:
554 a. Trafficking offense prohibited by s. 893.135(1),
555 b. Arson,
556 c. Sexual battery,
557 d. Robbery,
558 e. Burglary,
559 f. Kidnapping,
560 g. Escape,
561 h. Aggravated child abuse,
562 i. Aggravated abuse of an elderly person or disabled adult,
563 j. Aircraft piracy,
564 k. Unlawful throwing, placing, or discharging of a
565 destructive device or bomb,
566 l. Carjacking,
567 m. Home-invasion robbery,
568 n. Aggravated stalking,
569 o. Murder of another human being,
570 p. Resisting an officer with violence to his or her person,
571 q. Aggravated fleeing or eluding with serious bodily injury
572 or death,
573 r. Felony that is an act of terrorism or is in furtherance
574 of an act of terrorism; or
575 3. Which resulted from the unlawful distribution of any
576 substance controlled under s. 893.03(1), cocaine as described in
577 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
578 compound, derivative, or preparation of opium, or methadone by a
579 person 18 years of age or older, when such drug is proven to be
580 the proximate cause of the death of the user,
581
582 is murder in the first degree and constitutes a capital felony,
583 punishable as provided in s. 775.082.
584 (3) When a human being is killed during the perpetration
585 of, or during the attempt to perpetrate, any:
586 (a) Trafficking offense prohibited by s. 893.135(1),
587 (b) Arson,
588 (c) Sexual battery,
589 (d) Robbery,
590 (e) Burglary,
591 (f) Kidnapping,
592 (g) Escape,
593 (h) Aggravated child abuse,
594 (i) Aggravated abuse of an elderly person or disabled
595 adult,
596 (j) Aircraft piracy,
597 (k) Unlawful throwing, placing, or discharging of a
598 destructive device or bomb,
599 (l) Carjacking,
600 (m) Home-invasion robbery,
601 (n) Aggravated stalking,
602 (o) Murder of another human being,
603 (p) Aggravated fleeing or eluding with serious bodily
604 injury or death,
605 (q) Resisting an officer with violence to his or her
606 person, or
607 (r) Felony that is an act of terrorism or is in furtherance
608 of an act of terrorism,
609
610 by a person other than the person engaged in the perpetration of
611 or in the attempt to perpetrate such felony, the person
612 perpetrating or attempting to perpetrate such felony commits
613 murder in the second degree, which constitutes a felony of the
614 first degree, punishable by imprisonment for a term of years not
615 exceeding life or as provided in s. 775.082, s. 775.083, or s.
616 775.084.
617 (4) The unlawful killing of a human being, when perpetrated
618 without any design to effect death, by a person engaged in the
619 perpetration of, or in the attempt to perpetrate, any felony
620 other than any:
621 (a) Trafficking offense prohibited by s. 893.135(1),
622 (b) Arson,
623 (c) Sexual battery,
624 (d) Robbery,
625 (e) Burglary,
626 (f) Kidnapping,
627 (g) Escape,
628 (h) Aggravated child abuse,
629 (i) Aggravated abuse of an elderly person or disabled
630 adult,
631 (j) Aircraft piracy,
632 (k) Unlawful throwing, placing, or discharging of a
633 destructive device or bomb,
634 (l) Unlawful distribution of any substance controlled under
635 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
636 opium or any synthetic or natural salt, compound, derivative, or
637 preparation of opium by a person 18 years of age or older, when
638 such drug is proven to be the proximate cause of the death of
639 the user,
640 (m) Carjacking,
641 (n) Home-invasion robbery,
642 (o) Aggravated stalking,
643 (p) Murder of another human being,
644 (q) Aggravated fleeing or eluding with serious bodily
645 injury or death,
646 (r) Resisting an officer with violence to his or her
647 person, or
648 (s) Felony that is an act of terrorism or is in furtherance
649 of an act of terrorism,
650
651 is murder in the third degree and constitutes a felony of the
652 second degree, punishable as provided in s. 775.082, s. 775.083,
653 or s. 775.084.
654 Section 5. This act shall take effect July 1, 2014.