CS for SB 360                                    First Engrossed
       
       
       
       
       
       
       
       
       2014360e1
       
    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, or who is
    6         knowingly in actual or constructive possession of,
    7         specified quantities of hydrocodone, or any salt,
    8         derivative, isomer, or salt of an isomer thereof, or
    9         any mixture containing any such substance, commits the
   10         offense of trafficking in hydrocodone; providing
   11         criminal penalties; providing that a person who
   12         knowingly sells, purchases, manufactures, delivers, or
   13         brings into this state, or who is knowingly in actual
   14         or constructive possession of, specified quantities of
   15         oxycodone, or any salt, derivative, isomer, or salt of
   16         an isomer thereof, or any mixture containing any such
   17         substance, commits the offense of trafficking in
   18         oxycodone; providing criminal penalties; amending s.
   19         921.0022, F.S.; ranking the offenses of trafficking in
   20         hydrocodone and trafficking in oxycodone for purposes
   21         of the criminal punishment code; reenacting s.
   22         775.087(2)(a) and (3)(a), F.S., relating to mandatory
   23         minimum sentences for the possession or use of a
   24         weapon during the commission of certain offenses, to
   25         incorporate the amendments made to s. 893.135, F.S.,
   26         in a reference thereto; reenacting s. 782.04(1)(a),
   27         (3), and (4), F.S., relating to the classification of
   28         a murder committed during the commission of certain
   29         offenses, to incorporate the amendments made to s.
   30         893.135, F.S., in a reference thereto; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (c) of subsection (1) of section
   36  893.135, Florida Statutes, is amended to read:
   37         893.135 Trafficking; mandatory sentences; suspension or
   38  reduction of sentences; conspiracy to engage in trafficking.—
   39         (1) Except as authorized in this chapter or in chapter 499
   40  and notwithstanding the provisions of s. 893.13:
   41         (c)1. A Any person who knowingly sells, purchases,
   42  manufactures, delivers, or brings into this state, or who is
   43  knowingly in actual or constructive possession of, 4 grams or
   44  more of any morphine, opium, oxycodone, hydrocodone,
   45  hydromorphone, or any salt, derivative, isomer, or salt of an
   46  isomer thereof, including heroin, as described in s.
   47  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
   48  of any mixture containing any such substance, but less than 30
   49  kilograms of such substance or mixture, commits a felony of the
   50  first degree, which felony shall be known as “trafficking in
   51  illegal drugs,” punishable as provided in s. 775.082, s.
   52  775.083, or s. 775.084. If the quantity involved:
   53         a. Is 4 grams or more, but less than 14 grams, such person
   54  shall be sentenced to a mandatory minimum term of imprisonment
   55  of 3 years, and the defendant shall be ordered to pay a fine of
   56  $50,000.
   57         b. Is 14 grams or more, but less than 28 grams, such person
   58  shall be sentenced to a mandatory minimum term of imprisonment
   59  of 15 years, and the defendant shall be ordered to pay a fine of
   60  $100,000.
   61         c. Is 28 grams or more, but less than 30 kilograms, such
   62  person shall be sentenced to a mandatory minimum term of
   63  imprisonment of 25 calendar years and shall be ordered to pay a
   64  fine of $500,000.
   65         2. A person who knowingly sells, purchases, manufactures,
   66  delivers, or brings into this state, or who is knowingly in
   67  actual or constructive possession of, 14 grams or more of
   68  hydrocodone, or any salt, derivative, isomer, or salt of an
   69  isomer thereof, or 14 grams or more of any mixture containing
   70  any such substance, commits a felony of the first degree, which
   71  felony shall be known as “trafficking in hydrocodone,”
   72  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   73  If the quantity involved:
   74         a. Is 14 grams or more, but less than 28 grams, such person
   75  shall be sentenced to a mandatory minimum term of imprisonment
   76  of 3 years and shall be ordered to pay a fine of $50,000.
   77         b. Is 28 grams or more, but less than 50 grams, such person
   78  shall be sentenced to a mandatory minimum term of imprisonment
   79  of 7 years and shall be ordered to pay a fine of $100,000.
   80         c. Is 50 grams or more, but less than 200 grams, such
   81  person shall be sentenced to a mandatory minimum term of
   82  imprisonment of 15 years and shall be ordered to pay a fine of
   83  $500,000.
   84         d. Is 200 grams or more, but less than 30 kilograms, such
   85  person shall be sentenced to a mandatory minimum term of
   86  imprisonment of 25 years and shall be ordered to pay a fine of
   87  $750,000.
   88         3. A person who knowingly sells, purchases, manufactures,
   89  delivers, or brings into this state, or who is knowingly in
   90  actual or constructive possession of, 7 grams or more of
   91  oxycodone, or any salt, derivative, isomer, or salt of an isomer
   92  thereof, or 7 grams or more of any mixture containing any such
   93  substance, commits a felony of the first degree, which felony
   94  shall be known as “trafficking in oxycodone,” punishable as
   95  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   96  quantity involved:
   97         a. Is 7 grams or more, but less than 14 grams, such person
   98  shall be sentenced to a mandatory minimum term of imprisonment
   99  of 3 years and shall be ordered to pay a fine of $50,000.
  100         b. Is 14 grams or more, but less than 25 grams, such person
  101  shall be sentenced to a mandatory minimum term of imprisonment
  102  of 7 years and shall be ordered to pay a fine of $100,000.
  103         c. Is 25 grams or more, but less than 100 grams, such
  104  person shall be sentenced to a mandatory minimum term of
  105  imprisonment of 15 years and shall be ordered to pay a fine of
  106  $500,000.
  107         d. Is 100 grams or more, but less than 30 kilograms, such
  108  person shall be sentenced to a mandatory minimum term of
  109  imprisonment of 25 years and shall be ordered to pay a fine of
  110  $750,000.
  111         4.2.A Any person who knowingly sells, purchases,
  112  manufactures, delivers, or brings into this state, or who is
  113  knowingly in actual or constructive possession of, 30 kilograms
  114  or more of any morphine, opium, oxycodone, hydrocodone,
  115  hydromorphone, or any salt, derivative, isomer, or salt of an
  116  isomer thereof, including heroin, as described in s.
  117  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  118  more of any mixture containing any such substance, commits the
  119  first degree felony of trafficking in illegal drugs. A person
  120  who has been convicted of the first degree felony of trafficking
  121  in illegal drugs under this subparagraph shall be punished by
  122  life imprisonment and is ineligible for any form of
  123  discretionary early release except pardon or executive clemency
  124  or conditional medical release under s. 947.149. However, if the
  125  court determines that, in addition to committing any act
  126  specified in this paragraph:
  127         a. The person intentionally killed an individual or
  128  counseled, commanded, induced, procured, or caused the
  129  intentional killing of an individual and such killing was the
  130  result; or
  131         b. The person’s conduct in committing that act led to a
  132  natural, though not inevitable, lethal result,
  133  
  134  such person commits the capital felony of trafficking in illegal
  135  drugs, punishable as provided in ss. 775.082 and 921.142. A Any
  136  person sentenced for a capital felony under this paragraph shall
  137  also be sentenced to pay the maximum fine provided under
  138  subparagraph 1.
  139         5.3.A Any person who knowingly brings into this state 60
  140  kilograms or more of any morphine, opium, oxycodone,
  141  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  142  salt of an isomer thereof, including heroin, as described in s.
  143  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  144  more of any mixture containing any such substance, and who knows
  145  that the probable result of such importation would be the death
  146  of a any person, commits capital importation of illegal drugs, a
  147  capital felony punishable as provided in ss. 775.082 and
  148  921.142. A Any person sentenced for a capital felony under this
  149  paragraph shall also be sentenced to pay the maximum fine
  150  provided under subparagraph 1.
  151         Section 2. Paragraphs (g) through (i) of subsection (3) of
  152  section 921.0022, Florida Statutes, are amended to read:
  153         921.0022 Criminal Punishment Code; offense severity ranking
  154  chart.—
  155         (3) OFFENSE SEVERITY RANKING CHART
  156         (g) LEVEL 7
  157  
  158  FloridaStatute             FelonyDegree        Description        
  159  316.027(1)(b)                  1st     Accident involving death, failure to stop; leaving scene.
  160  316.193(3)(c)2.                3rd     DUI resulting in serious bodily injury.
  161  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.
  162  327.35(3)(c)2.                 3rd     Vessel BUI resulting in serious bodily injury.
  163  402.319(2)                     2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  164  409.920 (2)(b)1.a.             3rd     Medicaid provider fraud; $10,000 or less.
  165  409.920 (2)(b)1.b.             2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  166  456.065(2)                     3rd     Practicing a health care profession without a license.
  167  456.065(2)                     2nd     Practicing a health care profession without a license which results in serious bodily injury.
  168  458.327(1)                     3rd     Practicing medicine without a license.
  169  459.013(1)                     3rd     Practicing osteopathic medicine without a license.
  170  460.411(1)                     3rd     Practicing chiropractic medicine without a license.
  171  461.012(1)                     3rd     Practicing podiatric medicine without a license.
  172  462.17                         3rd     Practicing naturopathy without a license.
  173  463.015(1)                     3rd     Practicing optometry without a license.
  174  464.016(1)                     3rd     Practicing nursing without a license.
  175  465.015(2)                     3rd     Practicing pharmacy without a license.
  176  466.026(1)                     3rd     Practicing dentistry or dental hygiene without a license.
  177  467.201                        3rd     Practicing midwifery without a license.
  178  468.366                        3rd     Delivering respiratory care services without a license.
  179  483.828(1)                     3rd     Practicing as clinical laboratory personnel without a license.
  180  483.901(9)                     3rd     Practicing medical physics without a license.
  181  484.013(1)(c)                  3rd     Preparing or dispensing optical devices without a prescription.
  182  484.053                        3rd     Dispensing hearing aids without a license.
  183  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.
  184  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.
  185  560.125(5)(a)                  3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  186  655.50(10)(b)1.                3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  187  775.21(10)(a)                  3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
  188  775.21(10)(b)                  3rd     Sexual predator working where children regularly congregate.
  189  775.21(10)(g)                  3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  190  782.051(3)                     2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  191  782.07(1)                      2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  192  782.071                        2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  193  782.072                        2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  194  784.045(1)(a)1.                2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  195  784.045(1)(a)2.                2nd     Aggravated battery; using deadly weapon.
  196  784.045(1)(b)                  2nd     Aggravated battery; perpetrator aware victim pregnant.
  197  784.048(4)                     3rd     Aggravated stalking; violation of injunction or court order.
  198  784.048(7)                     3rd     Aggravated stalking; violation of court order.
  199  784.07(2)(d)                   1st     Aggravated battery on law enforcement officer.
  200  784.074(1)(a)                  1st     Aggravated battery on sexually violent predators facility staff.
  201  784.08(2)(a)                   1st     Aggravated battery on a person 65 years of age or older.
  202  784.081(1)                     1st     Aggravated battery on specified official or employee.
  203  784.082(1)                     1st     Aggravated battery by detained person on visitor or other detainee.
  204  784.083(1)                     1st     Aggravated battery on code inspector.
  205  787.06(3)(a)                   1st     Human trafficking using coercion for labor and services.
  206  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.
  207  790.07(4)                      1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  208  790.16(1)                      1st     Discharge of a machine gun under specified circumstances.
  209  790.165(2)                     2nd     Manufacture, sell, possess, or deliver hoax bomb.
  210  790.165(3)                     2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  211  790.166(3)                     2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  212  790.166(4)                     2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  213  790.23                       1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  214  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.
  215  796.03                         2nd     Procuring any person under 16 years for prostitution.
  216  800.04(5)(c)1.                 2nd     Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  217  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.
  218  806.01(2)                      2nd     Maliciously damage structure by fire or explosive.
  219  810.02(3)(a)                   2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  220  810.02(3)(b)                   2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  221  810.02(3)(d)                   2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  222  810.02(3)(e)                   2nd     Burglary of authorized emergency vehicle.
  223  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.
  224  812.014(2)(b)2.                2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  225  812.014(2)(b)3.                2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  226  812.014(2)(b)4.                2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  227  812.0145(2)(a)                 1st     Theft from person 65 years of age or older; $50,000 or more.
  228  812.019(2)                     1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  229  812.131(2)(a)                  2nd     Robbery by sudden snatching.
  230  812.133(2)(b)                  1st     Carjacking; no firearm, deadly weapon, or other weapon.
  231  817.034(4)(a)1.                1st     Communications fraud, value greater than $50,000.
  232  817.234(8)(a)                  2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  233  817.234(9)                     2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  234  817.234(11)(c)                 1st     Insurance fraud; property value $100,000 or more.
  235  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.
  236  817.535(2)(a)                  3rd     Filing false lien or other unauthorized document.
  237  825.102(3)(b)                  2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  238  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.
  239  827.03(2)(b)                   2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  240  827.04(3)                      3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  241  837.05(2)                      3rd     Giving false information about alleged capital felony to a law enforcement officer.
  242  838.015                        2nd     Bribery.                   
  243  838.016                        2nd     Unlawful compensation or reward for official behavior.
  244  838.021(3)(a)                  2nd     Unlawful harm to a public servant.
  245  838.22                         2nd     Bid tampering.             
  246  843.0855(2)                    3rd     Impersonation of a public officer or employee.
  247  843.0855(3)                    3rd     Unlawful simulation of legal process.
  248  843.0855(4)                    3rd     Intimidation of a public officer or employee.
  249  847.0135(3)                    3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  250  847.0135(4)                    2nd     Traveling to meet a minor to commit an unlawful sex act.
  251  872.06                         2nd     Abuse of a dead human body.
  252  874.05(2)(b)                   1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  253  874.10                       1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  254  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.
  255  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.
  256  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).
  257  893.135(1)(a)1.                1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  258  893.135 (1)(b)1.a.             1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  259  893.135 (1)(c)1.a.             1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  260  893.135(1)(c)2.a.              1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  261  893.135(1)(c)2.b.              1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  262  893.135(1)(c)3.a.              1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  263  893.135(1)(c)3.b.              1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  264  893.135(1)(d)1.                1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  265  893.135(1)(e)1.                1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  266  893.135(1)(f)1.                1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  267  893.135 (1)(g)1.a.             1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  268  893.135 (1)(h)1.a.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  269  893.135 (1)(j)1.a.             1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  270  893.135 (1)(k)2.a.             1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  271  893.1351(2)                    2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  272  896.101(5)(a)                  3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  273  896.104(4)(a)1.                3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  274  943.0435(4)(c)                 2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  275  943.0435(8)                    2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  276  943.0435(9)(a)                 3rd     Sexual offender; failure to comply with reporting requirements.
  277  943.0435(13)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  278  943.0435(14)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  279  944.607(9)                     3rd     Sexual offender; failure to comply with reporting requirements.
  280  944.607(10)(a)                 3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  281  944.607(12)                    3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  282  944.607(13)                    3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  283  985.4815(10)                   3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  284  985.4815(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  285  985.4815(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  286  
  287         (h) LEVEL 8
  288  
  289  FloridaStatute              FelonyDegree        Description        
  290  316.193 (3)(c)3.a.               2nd     DUI manslaughter.         
  291  316.1935(4)(b)                   1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  292  327.35(3)(c)3.                   2nd     Vessel BUI manslaughter.  
  293  499.0051(7)                      1st     Knowing trafficking in contraband prescription drugs.
  294  499.0051(8)                      1st     Knowing forgery of prescription labels or prescription drug labels.
  295  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.
  296  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.
  297  655.50(10)(b)2.                  2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  298  777.03(2)(a)                     1st     Accessory after the fact, capital felony.
  299  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.
  300  782.051(2)                       1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  301  782.071(1)(b)                    1st     Committing vehicular homicide and failing to render aid or give information.
  302  782.072(2)                       1st     Committing vessel homicide and failing to render aid or give information.
  303  787.06(3)(b)                     1st     Human trafficking using coercion for commercial sexual activity.
  304  787.06(3)(c)                     1st     Human trafficking using coercion for labor and services of an unauthorized alien.
  305  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.
  306  790.161(3)                       1st     Discharging a destructive device which results in bodily harm or property damage.
  307  794.011(5)                       2nd     Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  308  794.08(3)                        2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  309  800.04(4)                        2nd     Lewd or lascivious battery.
  310  806.01(1)                        1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  311  810.02(2)(a)                   1st,PBL   Burglary with assault or battery.
  312  810.02(2)(b)                   1st,PBL   Burglary; armed with explosives or dangerous weapon.
  313  810.02(2)(c)                     1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  314  812.014(2)(a)2.                  1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  315  812.13(2)(b)                     1st     Robbery with a weapon.    
  316  812.135(2)(c)                    1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  317  817.535(2)(b)                    2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  318  817.535(3)(a)                    2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  319  817.535(4)(a)1.                  2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  320  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.
  321  817.568(6)                       2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  322  825.102(2)                       1st     Aggravated abuse of an elderly person or disabled adult.
  323  825.1025(2)                      2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  324  825.103(2)(a)                    1st     Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  325  837.02(2)                        2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  326  837.021(2)                       2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  327  860.121(2)(c)                    1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  328  860.16                           1st     Aircraft piracy.          
  329  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).
  330  893.13(2)(b)                     1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  331  893.13(6)(c)                     1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  332  893.135(1)(a)2.                  1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  333  893.135 (1)(b)1.b.               1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  334  893.135 (1)(c)1.b.               1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  335  893.135(1)(c)2.c.                1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
  336  893.135(1)(c)3.c.                1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  337  893.135 (1)(d)1.b.               1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  338  893.135 (1)(e)1.b.               1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  339  893.135 (1)(f)1.b.               1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  340  893.135 (1)(g)1.b.               1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  341  893.135 (1)(h)1.b.               1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  342  893.135 (1)(j)1.b.               1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  343  893.135 (1)(k)2.b.               1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  344  893.1351(3)                      1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  345  895.03(1)                        1st     Use or invest proceeds derived from pattern of racketeering activity.
  346  895.03(2)                        1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  347  895.03(3)                        1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  348  896.101(5)(b)                    2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  349  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.
  350  
  351         (i) LEVEL 9
  352  
  353  FloridaStatute              FelonyDegree        Description        
  354  316.193 (3)(c)3.b.               1st     DUI manslaughter; failing to render aid or give information.
  355  327.35(3)(c)3.b.                 1st     BUI manslaughter; failing to render aid or give information.
  356  409.920 (2)(b)1.c.               1st     Medicaid provider fraud; $50,000 or more.
  357  499.0051(9)                      1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  358  560.123(8)(b)3.                  1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  359  560.125(5)(c)                    1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  360  655.50(10)(b)3.                  1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  361  775.0844                         1st     Aggravated white collar crime.
  362  782.04(1)                        1st     Attempt, conspire, or solicit to commit premeditated murder.
  363  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.
  364  782.051(1)                       1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  365  782.07(2)                        1st     Aggravated manslaughter of an elderly person or disabled adult.
  366  787.01(1)(a)1.                 1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  367  787.01(1)(a)2.                 1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  368  787.01(1)(a)4.                 1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  369  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.
  370  787.06(3)(d)                     1st     Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  371  787.06(3)(g)                   1st,PBL   Human trafficking for commercial sexual activity of a child under the age of 18.
  372  787.06(4)                        1st     Selling or buying of minors into human trafficking.
  373  790.161                          1st     Attempted capital destructive device offense.
  374  790.166(2)                     1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  375  794.011(2)                       1st     Attempted sexual battery; victim less than 12 years of age.
  376  794.011(2)                      Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  377  794.011(4)                       1st     Sexual battery; victim 12 years or older, certain circumstances.
  378  794.011(8)(b)                    1st     Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  379  794.08(2)                        1st     Female genital mutilation; victim younger than 18 years of age.
  380  796.035                          1st     Selling or buying of minors into prostitution.
  381  800.04(5)(b)                    Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  382  812.13(2)(a)                   1st,PBL   Robbery with firearm or other deadly weapon.
  383  812.133(2)(a)                  1st,PBL   Carjacking; firearm or other deadly weapon.
  384  812.135(2)(b)                    1st     Home-invasion robbery with weapon.
  385  817.535(3)(b)                    1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  386  817.535(4)(a)2.                  1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  387  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.
  388  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.
  389  827.03(2)(a)                     1st     Aggravated child abuse.   
  390  847.0145(1)                      1st     Selling, or otherwise transferring custody or control, of a minor.
  391  847.0145(2)                      1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  392  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.
  393  893.135                          1st     Attempted capital trafficking offense.
  394  893.135(1)(a)3.                  1st     Trafficking in cannabis, more than 10,000 lbs.
  395  893.135 (1)(b)1.c.               1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  396  893.135 (1)(c)1.c.               1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  397  893.135(1)(c)2.d.                1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
  398  893.135(1)(c)3.d.                1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  399  893.135 (1)(d)1.c.               1st     Trafficking in phencyclidine, more than 400 grams.
  400  893.135 (1)(e)1.c.               1st     Trafficking in methaqualone, more than 25 kilograms.
  401  893.135 (1)(f)1.c.               1st     Trafficking in amphetamine, more than 200 grams.
  402  893.135 (1)(h)1.c.               1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  403  893.135 (1)(j)1.c.               1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  404  893.135 (1)(k)2.c.               1st     Trafficking in Phenethylamines, 400 grams or more.
  405  896.101(5)(c)                    1st     Money laundering, financial instruments totaling or exceeding $100,000.
  406  896.104(4)(a)3.                  1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  407  
  408         Section 3. For the purpose of incorporating the amendment
  409  made by this act to section 893.135, Florida Statutes, in a
  410  reference thereto, paragraph (a) of subsection (2) and paragraph
  411  (a) of subsection (3) of section 775.087, Florida Statutes, are
  412  reenacted to read:
  413         775.087 Possession or use of weapon; aggravated battery;
  414  felony reclassification; minimum sentence.—
  415         (2)(a)1. Any person who is convicted of a felony or an
  416  attempt to commit a felony, regardless of whether the use of a
  417  weapon is an element of the felony, and the conviction was for:
  418         a. Murder;
  419         b. Sexual battery;
  420         c. Robbery;
  421         d. Burglary;
  422         e. Arson;
  423         f. Aggravated assault;
  424         g. Aggravated battery;
  425         h. Kidnapping;
  426         i. Escape;
  427         j. Aircraft piracy;
  428         k. Aggravated child abuse;
  429         l. Aggravated abuse of an elderly person or disabled adult;
  430         m. Unlawful throwing, placing, or discharging of a
  431  destructive device or bomb;
  432         n. Carjacking;
  433         o. Home-invasion robbery;
  434         p. Aggravated stalking;
  435         q. Trafficking in cannabis, trafficking in cocaine, capital
  436  importation of cocaine, trafficking in illegal drugs, capital
  437  importation of illegal drugs, trafficking in phencyclidine,
  438  capital importation of phencyclidine, trafficking in
  439  methaqualone, capital importation of methaqualone, trafficking
  440  in amphetamine, capital importation of amphetamine, trafficking
  441  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  442  (GHB), trafficking in 1,4-Butanediol, trafficking in
  443  Phenethylamines, or other violation of s. 893.135(1); or
  444         r. Possession of a firearm by a felon
  445  
  446  and during the commission of the offense, such person actually
  447  possessed a “firearm” or “destructive device” as those terms are
  448  defined in s. 790.001, shall be sentenced to a minimum term of
  449  imprisonment of 10 years, except that a person who is convicted
  450  for aggravated assault, possession of a firearm by a felon, or
  451  burglary of a conveyance shall be sentenced to a minimum term of
  452  imprisonment of 3 years if such person possessed a “firearm” or
  453  “destructive device” during the commission of the offense.
  454  However, if an offender who is convicted of the offense of
  455  possession of a firearm by a felon has a previous conviction of
  456  committing or attempting to commit a felony listed in s.
  457  775.084(1)(b)1. and actually possessed a firearm or destructive
  458  device during the commission of the prior felony, the offender
  459  shall be sentenced to a minimum term of imprisonment of 10
  460  years.
  461         2. Any person who is convicted of a felony or an attempt to
  462  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  463  regardless of whether the use of a weapon is an element of the
  464  felony, and during the course of the commission of the felony
  465  such person discharged a “firearm” or “destructive device” as
  466  defined in s. 790.001 shall be sentenced to a minimum term of
  467  imprisonment of 20 years.
  468         3. Any person who is convicted of a felony or an attempt to
  469  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  470  regardless of whether the use of a weapon is an element of the
  471  felony, and during the course of the commission of the felony
  472  such person discharged a “firearm” or “destructive device” as
  473  defined in s. 790.001 and, as the result of the discharge, death
  474  or great bodily harm was inflicted upon any person, the
  475  convicted person shall be sentenced to a minimum term of
  476  imprisonment of not less than 25 years and not more than a term
  477  of imprisonment of life in prison.
  478         (3)(a)1. Any person who is convicted of a felony or an
  479  attempt to commit a felony, regardless of whether the use of a
  480  firearm is an element of the felony, and the conviction was for:
  481         a. Murder;
  482         b. Sexual battery;
  483         c. Robbery;
  484         d. Burglary;
  485         e. Arson;
  486         f. Aggravated assault;
  487         g. Aggravated battery;
  488         h. Kidnapping;
  489         i. Escape;
  490         j. Sale, manufacture, delivery, or intent to sell,
  491  manufacture, or deliver any controlled substance;
  492         k. Aircraft piracy;
  493         l. Aggravated child abuse;
  494         m. Aggravated abuse of an elderly person or disabled adult;
  495         n. Unlawful throwing, placing, or discharging of a
  496  destructive device or bomb;
  497         o. Carjacking;
  498         p. Home-invasion robbery;
  499         q. Aggravated stalking; or
  500         r. Trafficking in cannabis, trafficking in cocaine, capital
  501  importation of cocaine, trafficking in illegal drugs, capital
  502  importation of illegal drugs, trafficking in phencyclidine,
  503  capital importation of phencyclidine, trafficking in
  504  methaqualone, capital importation of methaqualone, trafficking
  505  in amphetamine, capital importation of amphetamine, trafficking
  506  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  507  (GHB), trafficking in 1,4-Butanediol, trafficking in
  508  Phenethylamines, or other violation of s. 893.135(1);
  509  
  510  and during the commission of the offense, such person possessed
  511  a semiautomatic firearm and its high-capacity detachable box
  512  magazine or a machine gun as defined in s. 790.001, shall be
  513  sentenced to a minimum term of imprisonment of 15 years.
  514         2. Any person who is convicted of a felony or an attempt to
  515  commit a felony listed in subparagraph (a)1., regardless of
  516  whether the use of a weapon is an element of the felony, and
  517  during the course of the commission of the felony such person
  518  discharged a semiautomatic firearm and its high-capacity box
  519  magazine or a “machine gun” as defined in s. 790.001 shall be
  520  sentenced to a minimum term of imprisonment of 20 years.
  521         3. Any person who is convicted of a felony or an attempt to
  522  commit a felony listed in subparagraph (a)1., regardless of
  523  whether the use of a weapon is an element of the felony, and
  524  during the course of the commission of the felony such person
  525  discharged a semiautomatic firearm and its high-capacity box
  526  magazine or a “machine gun” as defined in s. 790.001 and, as the
  527  result of the discharge, death or great bodily harm was
  528  inflicted upon any person, the convicted person shall be
  529  sentenced to a minimum term of imprisonment of not less than 25
  530  years and not more than a term of imprisonment of life in
  531  prison.
  532         Section 4. For the purpose of incorporating the amendment
  533  made by this act to section 893.135, Florida Statutes, in a
  534  reference thereto, paragraph (a) of subsection (1) and
  535  subsections (3) and (4) of section 782.04, Florida Statutes, are
  536  reenacted to read:
  537         782.04 Murder.—
  538         (1)(a) The unlawful killing of a human being:
  539         1. When perpetrated from a premeditated design to effect
  540  the death of the person killed or any human being;
  541         2. When committed by a person engaged in the perpetration
  542  of, or in the attempt to perpetrate, any:
  543         a. Trafficking offense prohibited by s. 893.135(1),
  544         b. Arson,
  545         c. Sexual battery,
  546         d. Robbery,
  547         e. Burglary,
  548         f. Kidnapping,
  549         g. Escape,
  550         h. Aggravated child abuse,
  551         i. Aggravated abuse of an elderly person or disabled adult,
  552         j. Aircraft piracy,
  553         k. Unlawful throwing, placing, or discharging of a
  554  destructive device or bomb,
  555         l. Carjacking,
  556         m. Home-invasion robbery,
  557         n. Aggravated stalking,
  558         o. Murder of another human being,
  559         p. Resisting an officer with violence to his or her person,
  560         q. Aggravated fleeing or eluding with serious bodily injury
  561  or death,
  562         r. Felony that is an act of terrorism or is in furtherance
  563  of an act of terrorism; or
  564         3. Which resulted from the unlawful distribution of any
  565  substance controlled under s. 893.03(1), cocaine as described in
  566  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  567  compound, derivative, or preparation of opium, or methadone by a
  568  person 18 years of age or older, when such drug is proven to be
  569  the proximate cause of the death of the user,
  570  
  571  is murder in the first degree and constitutes a capital felony,
  572  punishable as provided in s. 775.082.
  573         (3) When a human being is killed during the perpetration
  574  of, or during the attempt to perpetrate, any:
  575         (a) Trafficking offense prohibited by s. 893.135(1),
  576         (b) Arson,
  577         (c) Sexual battery,
  578         (d) Robbery,
  579         (e) Burglary,
  580         (f) Kidnapping,
  581         (g) Escape,
  582         (h) Aggravated child abuse,
  583         (i) Aggravated abuse of an elderly person or disabled
  584  adult,
  585         (j) Aircraft piracy,
  586         (k) Unlawful throwing, placing, or discharging of a
  587  destructive device or bomb,
  588         (l) Carjacking,
  589         (m) Home-invasion robbery,
  590         (n) Aggravated stalking,
  591         (o) Murder of another human being,
  592         (p) Aggravated fleeing or eluding with serious bodily
  593  injury or death,
  594         (q) Resisting an officer with violence to his or her
  595  person, or
  596         (r) Felony that is an act of terrorism or is in furtherance
  597  of an act of terrorism,
  598  
  599  by a person other than the person engaged in the perpetration of
  600  or in the attempt to perpetrate such felony, the person
  601  perpetrating or attempting to perpetrate such felony commits
  602  murder in the second degree, which constitutes a felony of the
  603  first degree, punishable by imprisonment for a term of years not
  604  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  605  775.084.
  606         (4) The unlawful killing of a human being, when perpetrated
  607  without any design to effect death, by a person engaged in the
  608  perpetration of, or in the attempt to perpetrate, any felony
  609  other than any:
  610         (a) Trafficking offense prohibited by s. 893.135(1),
  611         (b) Arson,
  612         (c) Sexual battery,
  613         (d) Robbery,
  614         (e) Burglary,
  615         (f) Kidnapping,
  616         (g) Escape,
  617         (h) Aggravated child abuse,
  618         (i) Aggravated abuse of an elderly person or disabled
  619  adult,
  620         (j) Aircraft piracy,
  621         (k) Unlawful throwing, placing, or discharging of a
  622  destructive device or bomb,
  623         (l) Unlawful distribution of any substance controlled under
  624  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  625  opium or any synthetic or natural salt, compound, derivative, or
  626  preparation of opium by a person 18 years of age or older, when
  627  such drug is proven to be the proximate cause of the death of
  628  the user,
  629         (m) Carjacking,
  630         (n) Home-invasion robbery,
  631         (o) Aggravated stalking,
  632         (p) Murder of another human being,
  633         (q) Aggravated fleeing or eluding with serious bodily
  634  injury or death,
  635         (r) Resisting an officer with violence to his or her
  636  person, or
  637         (s) Felony that is an act of terrorism or is in furtherance
  638  of an act of terrorism,
  639  
  640  is murder in the third degree and constitutes a felony of the
  641  second degree, punishable as provided in s. 775.082, s. 775.083,
  642  or s. 775.084.
  643         Section 5. This act shall take effect July 1, 2014.