Florida Senate - 2015 SB 1294
By Senator Bullard
39-01297-15 20151294__
1 A bill to be entitled
2 An act relating to cannabis; amending s. 893.03, F.S.;
3 removing cannabis from the schedule of controlled
4 substances; amending ss. 456.0635, 772.12, 856.015,
5 893.02, 893.055, 893.0551, 893.13, 893.135, 893.1351,
6 893.145, 893.147, 893.15, 921.0022, 944.47, 948.20,
7 951.22, 985.711, and 1003.57, F.S.; conforming
8 provisions to changes made by the act; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (c) of subsection (1) of section
14 893.03, Florida Statutes, is amended to read:
15 893.03 Standards and schedules.—The substances enumerated
16 in this section are controlled by this chapter. The controlled
17 substances listed or to be listed in Schedules I, II, III, IV,
18 and V are included by whatever official, common, usual,
19 chemical, or trade name designated. The provisions of this
20 section shall not be construed to include within any of the
21 schedules contained in this section any excluded drugs listed
22 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
23 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
24 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
25 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
26 Anabolic Steroid Products.”
27 (1) SCHEDULE I.—A substance in Schedule I has a high
28 potential for abuse and has no currently accepted medical use in
29 treatment in the United States and in its use under medical
30 supervision does not meet accepted safety standards. The
31 following substances are controlled in Schedule I:
32 (c) Unless specifically excepted or unless listed in
33 another schedule, any material, compound, mixture, or
34 preparation that contains any quantity of the following
35 hallucinogenic substances or that contains any of their salts,
36 isomers, including optical, positional, or geometric isomers,
37 and salts of isomers, if the existence of such salts, isomers,
38 and salts of isomers is possible within the specific chemical
39 designation:
40 1. Alpha-ethyltryptamine.
41 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
42 methylaminorex).
43 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
44 4. 4-Bromo-2,5-dimethoxyamphetamine.
45 5. 4-Bromo-2,5-dimethoxyphenethylamine.
46 6. Bufotenine.
47 7. Cannabis.
48 7.8. Cathinone.
49 8.9. Diethyltryptamine.
50 9.10. 2,5-Dimethoxyamphetamine.
51 10.11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
52 11.12. Dimethyltryptamine.
53 12.13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
54 analog of phencyclidine).
55 13.14. N-Ethyl-3-piperidyl benzilate.
56 14.15. N-ethylamphetamine.
57 15.16. Fenethylline.
58 16.17. N-Hydroxy-3,4-methylenedioxyamphetamine.
59 17.18. Ibogaine.
60 18.19. Lysergic acid diethylamide (LSD).
61 19.20. Mescaline.
62 20.21. Methcathinone.
63 21.22. 5-Methoxy-3,4-methylenedioxyamphetamine.
64 22.23. 4-methoxyamphetamine.
65 23.24. 4-methoxymethamphetamine.
66 24.25. 4-Methyl-2,5-dimethoxyamphetamine.
67 25.26. 3,4-Methylenedioxy-N-ethylamphetamine.
68 26.27. 3,4-Methylenedioxyamphetamine.
69 27.28. N-Methyl-3-piperidyl benzilate.
70 28.29. N,N-dimethylamphetamine.
71 29.30. Parahexyl.
72 30.31. Peyote.
73 31.32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)
74 (Pyrrolidine analog of phencyclidine).
75 32.33. Psilocybin.
76 33.34. Psilocyn.
77 34.35. Salvia divinorum, except for any drug product
78 approved by the United States Food and Drug Administration which
79 contains Salvia divinorum or its isomers, esters, ethers, salts,
80 and salts of isomers, esters, and ethers, if the existence of
81 such isomers, esters, ethers, and salts is possible within the
82 specific chemical designation.
83 35.36. Salvinorin A, except for any drug product approved
84 by the United States Food and Drug Administration which contains
85 Salvinorin A or its isomers, esters, ethers, salts, and salts of
86 isomers, esters, and ethers, if the existence of such isomers,
87 esters, ethers, and salts is possible within the specific
88 chemical designation.
89 36.37. Tetrahydrocannabinols.
90 37.38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
91 (Thiophene analog of phencyclidine).
92 38.39. 3,4,5-Trimethoxyamphetamine.
93 39.40. 3,4-Methylenedioxymethcathinone.
94 40.41. 3,4-Methylenedioxypyrovalerone (MDPV).
95 41.42. Methylmethcathinone.
96 42.43. Methoxymethcathinone.
97 43.44. Fluoromethcathinone.
98 44.45. Methylethcathinone.
99 45.46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
100 yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
101 homologue.
102 46.47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
103 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
104 also known as HU-210.
105 47.48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH
106 018.
107 48.49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH
108 073.
109 49.50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole,
110 also known as JWH-200.
111 50.51. BZP (Benzylpiperazine).
112 51.52. Fluorophenylpiperazine.
113 52.53. Methylphenylpiperazine.
114 53.54. Chlorophenylpiperazine.
115 54.55. Methoxyphenylpiperazine.
116 55.56. DBZP (1,4-dibenzylpiperazine).
117 56.57. TFMPP (3-Trifluoromethylphenylpiperazine).
118 57.58. MBDB (Methylbenzodioxolylbutanamine).
119 58.59. 5-Hydroxy-alpha-methyltryptamine.
120 59.60. 5-Hydroxy-N-methyltryptamine.
121 60.61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
122 61.62. 5-Methoxy-alpha-methyltryptamine.
123 62.63. Methyltryptamine.
124 63.64. 5-Methoxy-N,N-dimethyltryptamine.
125 64.65. 5-Methyl-N,N-dimethyltryptamine.
126 65.66. Tyramine (4-Hydroxyphenethylamine).
127 66.67. 5-Methoxy-N,N-Diisopropyltryptamine.
128 67.68. DiPT (N,N-Diisopropyltryptamine).
129 68.69. DPT (N,N-Dipropyltryptamine).
130 69.70. 4-Hydroxy-N,N-diisopropyltryptamine.
131 70.71. N,N-Diallyl-5-Methoxytryptamine.
132 71.72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
133 72.73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
134 73.74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
135 74.75. 2C-T-4 (2,5-Dimethoxy-4
136 isopropylthiophenethylamine).
137 75.76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
138 76.77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
139 77.78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
140 78.79. 2C-T-7 (2,5-Dimethoxy-4-(n)
141 propylthiophenethylamine).
142 79.80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
143 80.81. Butylone (beta-keto-N
144 methylbenzodioxolylpropylamine).
145 81.82. Ethcathinone.
146 82.83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
147 83.84. Naphyrone (naphthylpyrovalerone).
148 84.85. N-N-Dimethyl-3,4-methylenedioxycathinone.
149 85.86. N-N-Diethyl-3,4-methylenedioxycathinone.
150 86.87. 3,4-methylenedioxy-propiophenone.
151 87.88. 2-Bromo-3,4-Methylenedioxypropiophenone.
152 88.89. 3,4-methylenedioxy-propiophenone-2-oxime.
153 89.90. N-Acetyl-3,4-methylenedioxycathinone.
154 90.91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
155 91.92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
156 92.93. Bromomethcathinone.
157 93.94. Buphedrone (alpha-methylamino-butyrophenone).
158 94.95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
159 95.96. Dimethylcathinone.
160 96.97. Dimethylmethcathinone.
161 97.98. Pentylone (beta-Keto
162 Methylbenzodioxolylpentanamine).
163 98.99. (MDPPP) 3,4-Methylenedioxy-alpha
164 pyrrolidinopropiophenone.
165 99.100. (MDPBP) 3,4-Methylenedioxy-alpha
166 pyrrolidinobutiophenone.
167 100.101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
168 101.102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
169 102.103. Benocyclidine (BCP) or
170 benzothiophenylcyclohexylpiperidine (BTCP).
171 103.104. Fluoromethylaminobutyrophenone (F-MABP).
172 104.105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
173 105.106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
174 106.107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
175 107.108. Methylethylaminobutyrophenone (Me-EABP).
176 108.109. Methylamino-butyrophenone (MABP).
177 109.110. Pyrrolidinopropiophenone (PPP).
178 110.111. Pyrrolidinobutiophenone (PBP).
179 111.112. Pyrrolidinovalerophenone (PVP).
180 112.113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
181 113.114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
182 114.115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
183 naphthalenylmethanone).
184 115.116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
185 yl)methanone).
186 116.117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
187 117.118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
188 yl)methanone).
189 118.119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol
190 3-yl)methanone).
191 119.120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
192 120.121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)
193 6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
194 121.122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
195 indole).
196 122.123. JWH-201 (1-pentyl-3-(4
197 methoxyphenylacetyl)indole).
198 123.124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
199 yl)ethanone).
200 124.125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
201 yl)methanone).
202 125.126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
203 yl)ethanone).
204 126.127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol
205 3-yl)ethanone).
206 127.128. JWH-302 (1-pentyl-3-(3
207 methoxyphenylacetyl)indole).
208 128.129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
209 129.130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl
210 3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
211 ol).
212 130.131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2
213 methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3
214 enyl] methanol).
215 131.132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
216 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
217 1,4-dione).
218 132.133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
219 yl)methanone).
220 133.134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5
221 pentylphenoxy)-undecanamide).
222 134.135. CB-52 (N-cyclopropyl-11-(2-hexyl-5
223 hydroxyphenoxy)-undecanamide).
224 135.136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
225 hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
226 136.137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
227 iodophenyl)methanone).
228 137.138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
229 (naphthalen-1-yl)methanone).
230 138.139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
231 yl)methanone).
232 139.140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2
233 (2-methoxyphenylethanone).
234 140.141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
235 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
236 naphthalenylmethanone).
237 141.142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
238 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
239 naphthalenylmethanone).
240 142.143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
241 143.144. Fluoroamphetamine.
242 144.145. Fluoromethamphetamine.
243 145.146. Methoxetamine.
244 146.147. Methiopropamine.
245 147.148. 4-Methylbuphedrone (2-Methylamino-1-(4
246 methylphenyl)butan-1-one).
247 148.149. APB ((2-aminopropyl)benzofuran).
248 149.150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
249 150.151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
250 tetramethylcyclopropyl)methanone).
251 151.152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
252 tetramethylcyclopropyl)methanone).
253 152.153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
254 tetramethylcyclopropyl)methanone.
255 153.154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
256 indazole-3-carboxamide).
257 154.155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
258 piperidinyl)methyl]-1H-indol-3-yl]-methanone).
259 155.156. STS-135 (1-(5-fluoropentyl)-N
260 tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide).
261 156.157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)
262 cyclohexylcarbamate).
263 157.158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
264 cyclohexyl ester).
265 158.159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
266 benzoxazin-4-one).
267 159.160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
268 160.161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
269 161.162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
270 162.163. 2C-P (2-(2,5-Dimethoxy-4-(n)
271 propylphenyl)ethanamine).
272 163.164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
273 methoxyphenyl)methyl]-benzeneethanamine).
274 164.165. 3,4-Methylenedioxymethamphetamine (MDMA).
275 165.166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
276 carboxylic acid).
277 166.167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5
278 fluoropentyl)-1H-indole-3-carboxylic acid).
279 167.168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
280 indole-3-carboxylic acid).
281 168.169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1
282 (5-fluoropentyl)-1H-indazole-3-carboxamide).
283 169.170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
284 pentyl-1H-indazole-3-carboxamide).
285 170.171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
286 1-(4-fluorobenzyl)-1H-indazole-3-carboxamide).
287 171.172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
288 yl)-1-pentyl-1H-indazole-3-carboxamide).
289 172.173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan
290 2-yl)-1-(fluoropentyl)-1H-indole-3-carboxamide).
291 173.174. 25B-NBOMe (4-bromo-2,5-dimethoxy-N-[(2
292 methoxyphenyl)methyl]-benzeneethanamine).
293 174.175. 2C-C-NBOMe (4-chloro-2,5-dimethoxy-N-[(2
294 methoxyphenyl)methyl]-benzeneethanamine).
295 Section 2. Subsection (2) and paragraph (a) of subsection
296 (3) of section 456.0635, Florida Statutes, are amended to read:
297 456.0635 Health care fraud; disqualification for license,
298 certificate, or registration.—
299 (2) Each board within the jurisdiction of the department,
300 or the department if there is no board, shall refuse to admit a
301 candidate to any examination and refuse to issue a license,
302 certificate, or registration to any applicant if the candidate
303 or applicant or any principal, officer, agent, managing
304 employee, or affiliated person of the applicant:
305 (a) Has been convicted of, or entered a plea of guilty or
306 nolo contendere to, regardless of adjudication, a felony under
307 chapter 409, chapter 817, or chapter 893, or a similar felony
308 offense committed in another state or jurisdiction, unless the
309 candidate or applicant has successfully completed a drug court
310 program for that felony and provides proof that the plea has
311 been withdrawn or the charges have been dismissed. Any such
312 conviction or plea shall exclude the applicant or candidate from
313 licensure, examination, certification, or registration unless
314 the sentence and any subsequent period of probation for such
315 conviction or plea ended:
316 1. For felonies of the first or second degree, more than 15
317 years before the date of application.
318 2. For felonies of the third degree, more than 10 years
319 before the date of application, except for felonies of the third
320 degree under s. 893.13(5)(a) s. 893.13(6)(a).
321 3. For felonies of the third degree under s. 893.13(5)(a)
322 s. 893.13(6)(a), more than 5 years before the date of
323 application;
324 (b) Has been convicted of, or entered a plea of guilty or
325 nolo contendere to, regardless of adjudication, a felony under
326 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
327 sentence and any subsequent period of probation for such
328 conviction or plea ended more than 15 years before the date of
329 the application;
330 (c) Has been terminated for cause from the Florida Medicaid
331 program pursuant to s. 409.913, unless the candidate or
332 applicant has been in good standing with the Florida Medicaid
333 program for the most recent 5 years;
334 (d) Has been terminated for cause, pursuant to the appeals
335 procedures established by the state, from any other state
336 Medicaid program, unless the candidate or applicant has been in
337 good standing with a state Medicaid program for the most recent
338 5 years and the termination occurred at least 20 years before
339 the date of the application; or
340 (e) Is currently listed on the United States Department of
341 Health and Human Services Office of Inspector General’s List of
342 Excluded Individuals and Entities.
343
344 This subsection does not apply to candidates or applicants for
345 initial licensure or certification who were enrolled in an
346 educational or training program on or before July 1, 2009, which
347 was recognized by a board or, if there is no board, recognized
348 by the department, and who applied for licensure after July 1,
349 2012.
350 (3) The department shall refuse to renew a license,
351 certificate, or registration of any applicant if the applicant
352 or any principal, officer, agent, managing employee, or
353 affiliated person of the applicant:
354 (a) Has been convicted of, or entered a plea of guilty or
355 nolo contendere to, regardless of adjudication, a felony under
356 chapter 409, chapter 817, or chapter 893, or a similar felony
357 offense committed in another state or jurisdiction, unless the
358 applicant is currently enrolled in a drug court program that
359 allows the withdrawal of the plea for that felony upon
360 successful completion of that program. Any such conviction or
361 plea excludes the applicant from licensure renewal unless the
362 sentence and any subsequent period of probation for such
363 conviction or plea ended:
364 1. For felonies of the first or second degree, more than 15
365 years before the date of application.
366 2. For felonies of the third degree, more than 10 years
367 before the date of application, except for felonies of the third
368 degree under s. 893.13(5)(a) s. 893.13(6)(a).
369 3. For felonies of the third degree under s. 893.13(5)(a)
370 s. 893.13(6)(a), more than 5 years before the date of
371 application.
372 Section 3. Subsection (2) of section 772.12, Florida
373 Statutes, is amended to read:
374 772.12 Drug Dealer Liability Act.—
375 (2) A person, including any governmental entity, has a
376 cause of action for threefold the actual damages sustained and
377 is entitled to minimum damages in the amount of $1,000 and
378 reasonable attorney attorney’s fees and court costs in the trial
379 and appellate courts, if the person proves by the greater weight
380 of the evidence that:
381 (a) The person was injured because of the defendant’s
382 actions that resulted in the defendant’s conviction for:
383 1. A violation of s. 893.13, except for a violation of s.
384 893.13(2)(a) or (b), (3), (4) (5), (5)(a) (6)(a), (b), or (c),
385 or (6) (7); or
386 2. A violation of s. 893.135; and
387 (b) The person was not injured by reason of his or her
388 participation in the same act or transaction that resulted in
389 the defendant’s conviction for any offense described in
390 subparagraph (a)1.
391 Section 4. Paragraph (c) of subsection (1) of section
392 856.015, Florida Statutes, is amended to read:
393 856.015 Open house parties.—
394 (1) Definitions.—As used in this section:
395 (c) “Drug” means a controlled substance, as that term is
396 defined in ss. 893.02(3) ss. 893.02(4) and 893.03.
397 Section 5. Present subsection (3) of section 893.02,
398 Florida Statutes, is amended, and present subsections (4)
399 through (23) of that section are redesignated as subsections (3)
400 through (22), respectively, to read:
401 893.02 Definitions.—The following words and phrases as used
402 in this chapter shall have the following meanings, unless the
403 context otherwise requires:
404 (3) “Cannabis” means all parts of any plant of the genus
405 Cannabis, whether growing or not; the seeds thereof; the resin
406 extracted from any part of the plant; and every compound,
407 manufacture, salt, derivative, mixture, or preparation of the
408 plant or its seeds or resin. The term does not include “low-THC
409 cannabis,” as defined in s. 381.986, if manufactured, possessed,
410 sold, purchased, delivered, distributed, or dispensed, in
411 conformance with s. 381.986.
412 Section 6. Paragraph (a) of subsection (1), paragraph (b)
413 of subsection (2), and paragraph (f) of subsection (7) of
414 section 893.055, Florida Statutes, are amended to read:
415 893.055 Prescription drug monitoring program.—
416 (1) As used in this section, the term:
417 (a) “Patient advisory report” or “advisory report” means
418 information provided by the department in writing, or as
419 determined by the department, to a prescriber, dispenser,
420 pharmacy, or patient concerning the dispensing of controlled
421 substances. All advisory reports are for informational purposes
422 only and impose no obligations of any nature or any legal duty
423 on a prescriber, dispenser, pharmacy, or patient. The patient
424 advisory report shall be provided in accordance with s.
425 893.13(6)(a)8. s. 893.13(7)(a)8. The advisory reports issued by
426 the department are not subject to discovery or introduction into
427 evidence in any civil or administrative action against a
428 prescriber, dispenser, pharmacy, or patient arising out of
429 matters that are the subject of the report; and a person who
430 participates in preparing, reviewing, issuing, or any other
431 activity related to an advisory report may not be permitted or
432 required to testify in any such civil action as to any findings,
433 recommendations, evaluations, opinions, or other actions taken
434 in connection with preparing, reviewing, or issuing such a
435 report.
436 (2)
437 (b) The department, when the direct support organization
438 receives at least $20,000 in nonstate moneys or the state
439 receives at least $20,000 in federal grants for the prescription
440 drug monitoring program, shall adopt rules as necessary
441 concerning the reporting, accessing the database, evaluation,
442 management, development, implementation, operation, security,
443 and storage of information within the system, including rules
444 for when patient advisory reports are provided to pharmacies and
445 prescribers. The patient advisory report shall be provided in
446 accordance with s. 893.13(6)(a)8. s. 893.13(7)(a)8. The
447 department shall work with the professional health care
448 licensure boards, such as the Board of Medicine, the Board of
449 Osteopathic Medicine, and the Board of Pharmacy; other
450 appropriate organizations, such as the Florida Pharmacy
451 Association, the Florida Medical Association, the Florida Retail
452 Federation, and the Florida Osteopathic Medical Association,
453 including those relating to pain management; and the Attorney
454 General, the Department of Law Enforcement, and the Agency for
455 Health Care Administration to develop rules appropriate for the
456 prescription drug monitoring program.
457 (7)
458 (f) The program manager, upon determining a pattern
459 consistent with the rules established under paragraph (2)(d) and
460 having cause to believe a violation of s. 893.13(6)(a)8.,
461 (7)(a), or (7)(b) s. 893.13(7)(a)8., (8)(a), or (8)(b) has
462 occurred, may provide relevant information to the applicable law
463 enforcement agency.
464 Section 7. Subsection (4) of section 893.0551, Florida
465 Statutes, is amended to read:
466 893.0551 Public records exemption for the prescription drug
467 monitoring program.—
468 (4) If the department determines consistent with its rules
469 that a pattern of controlled substance abuse exists, the
470 department may disclose such confidential and exempt information
471 to the applicable law enforcement agency in accordance with s.
472 893.055. The law enforcement agency may disclose to a criminal
473 justice agency, as defined in s. 119.011, only confidential and
474 exempt information received from the department that is relevant
475 to an identified active investigation that is specific to a
476 violation of s. 893.13(6)(a)8. s. 893.13(7)(a)8., s.
477 893.13(7)(a) s. 893.13(8)(a), or s. 893.13(7)(a) s.
478 893.13(8)(b).
479 Section 8. Present subsection (3) of section 893.13,
480 Florida Statutes, is amended, present subsections (4) through
481 (10) are redesignated as subsections (3) through (9),
482 respectively, and present subsection (6) and present paragraph
483 (a) of subsection (8) of that section are amended, to read:
484 893.13 Prohibited acts; penalties.—
485 (3) A person who delivers, without consideration, 20 grams
486 or less of cannabis, as defined in this chapter, commits a
487 misdemeanor of the first degree, punishable as provided in s.
488 775.082 or s. 775.083. As used in this paragraph, the term
489 “cannabis” does not include the resin extracted from the plants
490 of the genus Cannabis or any compound manufacture, salt,
491 derivative, mixture, or preparation of such resin.
492 (5)(6)(a) A person may not be in actual or constructive
493 possession of a controlled substance unless such controlled
494 substance was lawfully obtained from a practitioner or pursuant
495 to a valid prescription or order of a practitioner while acting
496 in the course of his or her professional practice or to be in
497 actual or constructive possession of a controlled substance
498 except as otherwise authorized by this chapter. A person who
499 violates this provision commits a felony of the third degree,
500 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
501 (b) If the offense is the possession of 20 grams or less of
502 cannabis, as defined in this chapter, or 3 grams or less of a
503 controlled substance described in s. 893.03(1)(c)46.-50., 114.
504 142., 151.-159., or 166.-173., the person commits a misdemeanor
505 of the first degree, punishable as provided in s. 775.082 or s.
506 775.083. As used in this subsection, the term “cannabis” does
507 not include the resin extracted from the plants of the genus
508 Cannabis, or any compound manufacture, salt, derivative,
509 mixture, or preparation of such resin, and a controlled
510 substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
511 159., or 166.-173. does not include the substance in a powdered
512 form.
513 (b)(c) Except as provided in this chapter, a person may not
514 possess more than 10 grams of any substance named or described
515 in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
516 mixture containing any such substance. A person who violates
517 this paragraph commits a felony of the first degree, punishable
518 as provided in s. 775.082, s. 775.083, or s. 775.084.
519 (d) Notwithstanding any provision to the contrary of the
520 laws of this state relating to arrest, a law enforcement officer
521 may arrest without warrant any person who the officer has
522 probable cause to believe is violating the provisions of this
523 chapter relating to possession of cannabis.
524 (7)(8)(a) Notwithstanding subsection (8) (9), a prescribing
525 practitioner may not:
526 1. Knowingly assist a patient, other person, or the owner
527 of an animal in obtaining a controlled substance through
528 deceptive, untrue, or fraudulent representations in or related
529 to the practice of the prescribing practitioner’s professional
530 practice;
531 2. Employ a trick or scheme in the practice of the
532 prescribing practitioner’s professional practice to assist a
533 patient, other person, or the owner of an animal in obtaining a
534 controlled substance;
535 3. Knowingly write a prescription for a controlled
536 substance for a fictitious person; or
537 4. Write a prescription for a controlled substance for a
538 patient, other person, or an animal if the sole purpose of
539 writing such prescription is to provide a monetary benefit to,
540 or obtain a monetary benefit for, the prescribing practitioner.
541 (8)(9) The provisions of subsections (1)-(7) (1)-(8) are
542 not applicable to the delivery to, or actual or constructive
543 possession for medical or scientific use or purpose only of
544 controlled substances by, persons included in any of the
545 following classes, or the agents or employees of such persons,
546 for use in the usual course of their business or profession or
547 in the performance of their official duties:
548 (a) Pharmacists.
549 (b) Practitioners.
550 (c) Persons who procure controlled substances in good faith
551 and in the course of professional practice only, by or under the
552 supervision of pharmacists or practitioners employed by them, or
553 for the purpose of lawful research, teaching, or testing, and
554 not for resale.
555 (d) Hospitals that procure controlled substances for lawful
556 administration by practitioners, but only for use by or in the
557 particular hospital.
558 (e) Officers or employees of state, federal, or local
559 governments acting in their official capacity only, or informers
560 acting under their jurisdiction.
561 (f) Common carriers.
562 (g) Manufacturers, wholesalers, and distributors.
563 (h) Law enforcement officers for bona fide law enforcement
564 purposes in the course of an active criminal investigation.
565 Section 9. Paragraph (a) of subsection (1) of section
566 893.135, Florida Statutes, is amended, and paragraphs (b)
567 through (l) of subsection (1) of that section are redesignated
568 as paragraphs (a) through (k), respectively, to read:
569 893.135 Trafficking; mandatory sentences; suspension or
570 reduction of sentences; conspiracy to engage in trafficking.—
571 (1) Except as authorized in this chapter or in chapter 499
572 and notwithstanding the provisions of s. 893.13:
573 (a) Any person who knowingly sells, purchases,
574 manufactures, delivers, or brings into this state, or who is
575 knowingly in actual or constructive possession of, in excess of
576 25 pounds of cannabis, or 300 or more cannabis plants, commits a
577 felony of the first degree, which felony shall be known as
578 “trafficking in cannabis,” punishable as provided in s. 775.082,
579 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
580 1. Is in excess of 25 pounds, but less than 2,000 pounds,
581 or is 300 or more cannabis plants, but not more than 2,000
582 cannabis plants, such person shall be sentenced to a mandatory
583 minimum term of imprisonment of 3 years, and the defendant shall
584 be ordered to pay a fine of $25,000.
585 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
586 is 2,000 or more cannabis plants, but not more than 10,000
587 cannabis plants, such person shall be sentenced to a mandatory
588 minimum term of imprisonment of 7 years, and the defendant shall
589 be ordered to pay a fine of $50,000.
590 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
591 plants, such person shall be sentenced to a mandatory minimum
592 term of imprisonment of 15 calendar years and pay a fine of
593 $200,000.
594
595 For the purpose of this paragraph, a plant, including, but not
596 limited to, a seedling or cutting, is a “cannabis plant” if it
597 has some readily observable evidence of root formation, such as
598 root hairs. To determine if a piece or part of a cannabis plant
599 severed from the cannabis plant is itself a cannabis plant, the
600 severed piece or part must have some readily observable evidence
601 of root formation, such as root hairs. Callous tissue is not
602 readily observable evidence of root formation. The viability and
603 sex of a plant and the fact that the plant may or may not be a
604 dead harvested plant are not relevant in determining if the
605 plant is a “cannabis plant” or in the charging of an offense
606 under this paragraph. Upon conviction, the court shall impose
607 the longest term of imprisonment provided for in this paragraph.
608 Section 10. Subsection (4) of section 893.1351, Florida
609 Statutes, is amended to read:
610 893.1351 Ownership, lease, rental, or possession for
611 trafficking in or manufacturing a controlled substance.—
612 (4) For the purposes of this section, proof of the
613 possession of 25 or more cannabis plants constitutes prima facie
614 evidence that the cannabis is intended for sale or distribution.
615 Section 11. Subsections (7) and (12) of section 893.145,
616 Florida Statutes, are amended, and present subsections (8)
617 through (11) of that section are redesignated as subsections (7)
618 through (10), respectively, to read:
619 893.145 “Drug paraphernalia” defined.—The term “drug
620 paraphernalia” means all equipment, products, and materials of
621 any kind which are used, intended for use, or designed for use
622 in planting, propagating, cultivating, growing, harvesting,
623 manufacturing, compounding, converting, producing, processing,
624 preparing, testing, analyzing, packaging, repackaging, storing,
625 containing, concealing, transporting, injecting, ingesting,
626 inhaling, or otherwise introducing into the human body a
627 controlled substance in violation of this chapter or s. 877.111.
628 Drug paraphernalia is deemed to be contraband which shall be
629 subject to civil forfeiture. The term includes, but is not
630 limited to:
631 (7) Separation gins and sifters used, intended for use, or
632 designed for use in removing twigs and seeds from, or in
633 otherwise cleaning or refining, cannabis.
634 (11)(12) Objects used, intended for use, or designed for
635 use in ingesting, inhaling, or otherwise introducing cannabis,
636 cocaine, hashish, hashish oil, or nitrous oxide into the human
637 body, such as:
638 (a) Metal, wooden, acrylic, glass, stone, plastic, or
639 ceramic pipes, with or without screens, permanent screens,
640 hashish heads, or punctured metal bowls.
641 (b) Water pipes.
642 (c) Carburetion tubes and devices.
643 (d) Smoking and carburetion masks.
644 (e) Roach clips: meaning objects used to hold burning
645 material, such as a cannabis cigarette, that has become too
646 small or too short to be held in the hand.
647 (f) Miniature cocaine spoons, and cocaine vials.
648 (g) Chamber pipes.
649 (h) Carburetor pipes.
650 (i) Electric pipes.
651 (j) Air-driven pipes.
652 (k) Chillums.
653 (l) Bongs.
654 (m) Ice pipes or chillers.
655 (n) A cartridge or canister, which means a small metal
656 device used to contain nitrous oxide.
657 (o) A charger, sometimes referred to as a “cracker,” which
658 means a small metal or plastic device that contains an interior
659 pin that may be used to expel nitrous oxide from a cartridge or
660 container.
661 (p) A charging bottle, which means a device that may be
662 used to expel nitrous oxide from a cartridge or canister.
663 (q) A whip-it, which means a device that may be used to
664 expel nitrous oxide.
665 (r) A tank.
666 (s) A balloon.
667 (t) A hose or tube.
668 (u) A 2-liter-type soda bottle.
669 (v) Duct tape.
670 Section 12. Paragraph (a) of subsection (6) of section
671 893.147, Florida Statutes, is amended to read:
672 893.147 Use, possession, manufacture, delivery,
673 transportation, advertisement, or retail sale of drug
674 paraphernalia.—
675 (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
676 (a) It is unlawful for a person to knowingly and willfully
677 sell or offer for sale at retail any drug paraphernalia
678 described in s. 893.145(11)(a)-(c) or (g)-(m) s. 893.145(12)(a)
679 (c) or (g)-(m), other than a pipe that is primarily made of
680 briar, meerschaum, clay, or corn cob.
681 Section 13. Section 893.15, Florida Statutes, is amended to
682 read:
683 893.15 Rehabilitation.—Any person who violates s.
684 893.13(5)(a) or (b) s. 893.13(6)(a) or (b) relating to
685 possession may, in the discretion of the trial judge, be
686 required to participate in a substance abuse services program
687 approved or regulated by the Department of Children and Families
688 pursuant to the provisions of chapter 397, provided the director
689 of such program approves the placement of the defendant in such
690 program. Such required participation shall be imposed in
691 addition to any penalty or probation otherwise prescribed by
692 law. However, the total time of such penalty, probation, and
693 program participation shall not exceed the maximum length of
694 sentence possible for the offense.
695 Section 14. Paragraphs (a), (b), (c), (e), (g), (h), and
696 (i) of subsection (3) of section 921.0022, Florida Statutes, are
697 amended to read:
698 921.0022 Criminal Punishment Code; offense severity ranking
699 chart.—
700 (3) OFFENSE SEVERITY RANKING CHART
701 (a) LEVEL 1
702
703
704 FloridaStatute FelonyDegree Description
705 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
706 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
707 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
708 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
709 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
710 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
711 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
712 322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
713 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
714 322.212(5)(a) 3rd False application for driver license or identification card.
715 414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
716 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
717 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
718 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
719 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
720 562.27(1) 3rd Possess still or still apparatus.
721 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
722 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
723 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
724 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
725 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
726 817.569(2) 3rd Use of public record or public records information to facilitate commission of a felony.
727 826.01 3rd Bigamy.
728 828.122(3) 3rd Fighting or baiting animals.
729 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
730 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
731 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
732 832.05(2)(b) &(4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
733 838.15(2) 3rd Commercial bribe receiving.
734 838.16 3rd Commercial bribery.
735 843.18 3rd Fleeing by boat to elude a law enforcement officer.
736 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
737 849.01 3rd Keeping gambling house.
738 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
739 849.23 3rd Gambling-related machines; “common offender” as to property rights.
740 849.25(2) 3rd Engaging in bookmaking.
741 860.08 3rd Interfere with a railroad signal.
742 860.13(1)(a) 3rd Operate aircraft while under the influence.
743 893.13(2)(a)2. 3rd Purchase of cannabis.
744 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
745 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
746 (b) LEVEL 2
747
748
749 FloridaStatute FelonyDegree Description
750 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
751 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
752 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
753 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
754 590.28(1) 3rd Intentional burning of lands.
755 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
756 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
757 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
758 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
759 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
760 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
761 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
762 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
763 817.234(1)(a)2. 3rd False statement in support of insurance claim.
764 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
765 817.52(3) 3rd Failure to redeliver hired vehicle.
766 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
767 817.60(5) 3rd Dealing in credit cards of another.
768 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
769 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
770 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
771 831.01 3rd Forgery.
772 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
773 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
774 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
775 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
776 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
777 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
778 843.08 3rd Falsely impersonating an officer.
779 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
780 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
781 (c) LEVEL 3
782
783
784 FloridaStatute FelonyDegree Description
785 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
786 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
787 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
788 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
789 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
790 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
791 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
792 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
793 327.35(2)(b) 3rd Felony BUI.
794 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
795 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
796 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
797 379.2431(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
798 379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
799 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
800 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
801 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
802 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
803 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
804 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer.
805 697.08 3rd Equity skimming.
806 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
807 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
808 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
809 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
810 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
811 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
812 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
813 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
814 817.233 3rd Burning to defraud insurer.
815 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
816 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
817 817.236 3rd Filing a false motor vehicle insurance application.
818 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
819 817.413(2) 3rd Sale of used goods as new.
820 817.505(4) 3rd Patient brokering.
821 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
822 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
823 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
824 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
825 843.19 3rd Injure, disable, or kill police dog or horse.
826 860.15(3) 3rd Overcharging for repairs and parts.
827 870.01(2) 3rd Riot; inciting or encouraging.
828 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
829 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
830 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
831 893.13(5)(a) 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
832 893.13(6)(a)8. 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
833 893.13(6)(a)9. 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
834 893.13(6)(a)10. 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
835 893.13(6)(a)11. 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
836 893.13(7)(a)1. 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
837 893.13(7)(a)2. 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
838 893.13(7)(a)3. 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
839 893.13(7)(a)4. 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
840 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
841 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
842 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
843 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
844 (e) LEVEL 5
845
846
847 FloridaStatute FelonyDegree Description
848 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
849 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
850 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
851 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
852 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
853 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
854 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
855 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
856 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
857 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
858 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
859 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
860 790.01(2) 3rd Carrying a concealed firearm.
861 790.162 2nd Threat to throw or discharge destructive device.
862 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
863 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
864 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
865 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
866 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
867 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
868 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
869 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
870 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
871 812.019(1) 2nd Stolen property; dealing in or trafficking in.
872 812.131(2)(b) 3rd Robbery by sudden snatching.
873 812.16(2) 3rd Owning, operating, or conducting a chop shop.
874 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
875 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
876 817.2341(1),(2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
877 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
878 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
879 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
880 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
881 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
882 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
883 843.01 3rd Resist officer with violence to person; resist arrest with violence.
884 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
885 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
886 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
887 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
888 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
889 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
890 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
891 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
892 893.13(1)(e)2. 2nd Sell, manufacture, or deliver a cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
893 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
894 893.13(3)(b) 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
895 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
896 (g) LEVEL 7
897
898
899 FloridaStatute FelonyDegree Description
900 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
901 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
902 316.1935(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.
903 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
904 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
905 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
906 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
907 456.065(2) 3rd Practicing a health care profession without a license.
908 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
909 458.327(1) 3rd Practicing medicine without a license.
910 459.013(1) 3rd Practicing osteopathic medicine without a license.
911 460.411(1) 3rd Practicing chiropractic medicine without a license.
912 461.012(1) 3rd Practicing podiatric medicine without a license.
913 462.17 3rd Practicing naturopathy without a license.
914 463.015(1) 3rd Practicing optometry without a license.
915 464.016(1) 3rd Practicing nursing without a license.
916 465.015(2) 3rd Practicing pharmacy without a license.
917 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
918 467.201 3rd Practicing midwifery without a license.
919 468.366 3rd Delivering respiratory care services without a license.
920 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
921 483.901(9) 3rd Practicing medical physics without a license.
922 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
923 484.053 3rd Dispensing hearing aids without a license.
924 494.0018(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.
925 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
926 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
927 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
928 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
929 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
930 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
931 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
932 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
933 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
934 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
935 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
936 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
937 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
938 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
939 784.048(7) 3rd Aggravated stalking; violation of court order.
940 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
941 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
942 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
943 784.081(1) 1st Aggravated battery on specified official or employee.
944 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
945 784.083(1) 1st Aggravated battery on code inspector.
946 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
947 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
948 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
949 790.16(1) 1st Discharge of a machine gun under specified circumstances.
950 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
951 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
952 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
953 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
954 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
955 794.08(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.
956 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
957 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
958 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
959 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
960 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
961 806.01(2) 2nd Maliciously damage structure by fire or explosive.
962 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
963 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
964 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
965 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
966 812.014(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.
967 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
968 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
969 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
970 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
971 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
972 812.131(2)(a) 2nd Robbery by sudden snatching.
973 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
974 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
975 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
976 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
977 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
978 817.2341(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.
979 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
980 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
981 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
982 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
983 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
984 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
985 838.015 2nd Bribery.
986 838.016 2nd Unlawful compensation or reward for official behavior.
987 838.021(3)(a) 2nd Unlawful harm to a public servant.
988 838.22 2nd Bid tampering.
989 843.0855(2) 3rd Impersonation of a public officer or employee.
990 843.0855(3) 3rd Unlawful simulation of legal process.
991 843.0855(4) 3rd Intimidation of a public officer or employee.
992 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
993 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
994 872.06 2nd Abuse of a dead human body.
995 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
996 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
997 893.13(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.
998 893.13(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.
999 893.13(3)(a)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).
1000 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1001 893.135(1)(a)1.a.893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1002 893.135(1)(b)1.a.893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1003 893.135(1)(b)2.a.893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
1004 893.135(1)(b)2.b.893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1005 893.135(1)(b)3.a.893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1006 893.135(1)(b)3.b.893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1007 893.135(1)(c)1.893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1008 893.135(1)(d)1.893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1009 893.135(1)(e)1.893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1010 893.135(1)(f)1.a.893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1011 893.135(1)(g)1.a.893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1012 893.135(1)(i)1.a.893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1013 893.135(1)(j)2.a.893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1014 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1015 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1016 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1017 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1018 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1019 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1020 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1021 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1022 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1023 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1024 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1025 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1026 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1027 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1028 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1029 (h) LEVEL 8
1030
1031
1032 FloridaStatute FelonyDegree Description
1033 316.193(3)(c)3.a. 2nd DUI manslaughter.
1034 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
1035 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
1036 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
1037 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
1038 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.
1039 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.
1040 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
1041 777.03(2)(a) 1st Accessory after the fact, capital felony.
1042 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.
1043 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
1044 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
1045 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
1046 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
1047 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
1048 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
1049 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
1050 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
1051 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
1052 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
1053 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
1054 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
1055 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
1056 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
1057 800.04(4)(b) 2nd Lewd or lascivious battery.
1058 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
1059 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
1060 810.02(2)(a) 1st,PBL Burglary with assault or battery.
1061 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
1062 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
1063 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
1064 812.13(2)(b) 1st Robbery with a weapon.
1065 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1066 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
1067 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
1068 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
1069 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.
1070 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1071 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
1072 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1073 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
1074 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1075 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1076 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1077 860.16 1st Aircraft piracy.
1078 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).
1079 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1080 893.13(5)(c)893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1081 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1082 893.135(1)(a)1.b.893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1083 893.135(1)(b)1.b.893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1084 893.135(1)(b)2.c.893.135(1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
1085 893.135(1)(b)3.c.893.135(1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
1086 893.135(1)(c)1.b.893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
1087 893.135(1)(d)1.b.893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1088 893.135(1)(e)1.b.893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
1089 893.135(1)(f)1.b.893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1090 893.135(1)(g)1.b.893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1091 893.135(1)(i)1.b.893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1092 893.135(1)(j)2.b.893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1093 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1094 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1095 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1096 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1097 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1098 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.
1099 (i) LEVEL 9
1100
1101
1102 FloridaStatute FelonyDegree Description
1103 316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1104 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1105 409.920(2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1106 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1107 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1108 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1109 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1110 775.0844 1st Aggravated white collar crime.
1111 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1112 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.
1113 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1114 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1115 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1116 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1117 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1118 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1119 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
1120 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
1121 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
1122 790.161 1st Attempted capital destructive device offense.
1123 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1124 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1125 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1126 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
1127 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
1128 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
1129 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
1130 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1131 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1132 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1133 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1134 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1135 812.135(2)(b) 1st Home-invasion robbery with weapon.
1136 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1137 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1138 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.
1139 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.
1140 827.03(2)(a) 1st Aggravated child abuse.
1141 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1142 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1143 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.
1144 893.135 1st Attempted capital trafficking offense.
1145 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1146 893.135(1)(a)1.c.893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1147 893.135(1)(b)1.c.893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1148 893.135(1)(b)1.c.893.135(1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
1149 893.135(1)(b)1.c.893.135(1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
1150 893.135(1)(c)1.c.893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1151 893.135(1)(d)1.c.893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1152 893.135(1)(e)1.c.893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1153 893.135(1)(g)1.c.893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1154 893.135(1)(i)1.c.893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1155 893.135(1)(j)1.c.893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1156 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1157 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1158 Section 15. Paragraph (a) of subsection (1) of section
1159 944.47, Florida Statutes, is amended to read:
1160 944.47 Introduction, removal, or possession of certain
1161 articles unlawful; penalty.—
1162 (1)(a) Except through regular channels as authorized by the
1163 officer in charge of the correctional institution, it is
1164 unlawful to introduce into or upon the grounds of any state
1165 correctional institution, or to take or attempt to take or send
1166 or attempt to send therefrom, any of the following articles
1167 which are hereby declared to be contraband for the purposes of
1168 this section, to wit:
1169 1. Any written or recorded communication or any currency or
1170 coin given or transmitted, or intended to be given or
1171 transmitted, to any inmate of any state correctional
1172 institution.
1173 2. Any article of food or clothing given or transmitted, or
1174 intended to be given or transmitted, to any inmate of any state
1175 correctional institution.
1176 3. Any intoxicating beverage or beverage which causes or
1177 may cause an intoxicating effect.
1178 4. Any controlled substance as defined in s. 893.02(3) s.
1179 893.02(4) or any prescription or nonprescription drug having a
1180 hypnotic, stimulating, or depressing effect.
1181 5. Any firearm or weapon of any kind or any explosive
1182 substance.
1183 6. Any cellular telephone or other portable communication
1184 device intentionally and unlawfully introduced inside the secure
1185 perimeter of any state correctional institution without prior
1186 authorization or consent from the officer in charge of such
1187 correctional institution. As used in this subparagraph, the term
1188 “portable communication device” means any device carried, worn,
1189 or stored which is designed or intended to receive or transmit
1190 verbal or written messages, access or store data, or connect
1191 electronically to the Internet or any other electronic device
1192 and which allows communications in any form. Such devices
1193 include, but are not limited to, portable two-way pagers, hand
1194 held radios, cellular telephones, Blackberry-type devices,
1195 personal digital assistants or PDA’s, laptop computers, or any
1196 components of these devices which are intended to be used to
1197 assemble such devices. The term also includes any new technology
1198 that is developed for similar purposes. Excluded from this
1199 definition is any device having communication capabilities which
1200 has been approved or issued by the department for investigative
1201 or institutional security purposes or for conducting other state
1202 business.
1203 Section 16. Subsection (1) of section 948.20, Florida
1204 Statutes, is amended to read:
1205 948.20 Drug offender probation.—
1206 (1) If it appears to the court upon a hearing that the
1207 defendant is a chronic substance abuser whose criminal conduct
1208 is a violation of s. 893.13(2)(a) or (5)(a) (6)(a), or other
1209 nonviolent felony if such nonviolent felony is committed on or
1210 after July 1, 2009, and notwithstanding s. 921.0024 the
1211 defendant’s Criminal Punishment Code scoresheet total sentence
1212 points are 60 points or fewer, the court may either adjudge the
1213 defendant guilty or stay and withhold the adjudication of guilt.
1214 In either case, the court may also stay and withhold the
1215 imposition of sentence and place the defendant on drug offender
1216 probation or into a postadjudicatory treatment-based drug court
1217 program if the defendant otherwise qualifies. As used in this
1218 section, the term “nonviolent felony” means a third degree
1219 felony violation under chapter 810 or any other felony offense
1220 that is not a forcible felony as defined in s. 776.08.
1221 Section 17. Subsection (1) of section 951.22, Florida
1222 Statutes, is amended to read:
1223 951.22 County detention facilities; contraband articles.—
1224 (1) It is unlawful, except through regular channels as duly
1225 authorized by the sheriff or officer in charge, to introduce
1226 into or possess upon the grounds of any county detention
1227 facility as defined in s. 951.23 or to give to or receive from
1228 any inmate of any such facility wherever said inmate is located
1229 at the time or to take or to attempt to take or send therefrom
1230 any of the following articles which are hereby declared to be
1231 contraband for the purposes of this act, to wit: Any written or
1232 recorded communication; any currency or coin; any article of
1233 food or clothing; any tobacco products as defined in s.
1234 210.25(11); any cigarette as defined in s. 210.01(1); any cigar;
1235 any intoxicating beverage or beverage which causes or may cause
1236 an intoxicating effect; any narcotic, hypnotic, or excitative
1237 drug or drug of any kind or nature, including nasal inhalators,
1238 sleeping pills, barbiturates, and controlled substances as
1239 defined in s. 893.02(3) s. 893.02(4); any firearm or any
1240 instrumentality customarily used or which is intended to be used
1241 as a dangerous weapon; and any instrumentality of any nature
1242 that may be or is intended to be used as an aid in effecting or
1243 attempting to effect an escape from a county facility.
1244 Section 18. Paragraph (a) of subsection (1) of section
1245 985.711, Florida Statutes, is amended to read:
1246 985.711 Introduction, removal, or possession of certain
1247 articles unlawful; penalty.—
1248 (1)(a) Except as authorized through program policy or
1249 operating procedure or as authorized by the facility
1250 superintendent, program director, or manager, a person may not
1251 introduce into or upon the grounds of a juvenile detention
1252 facility or commitment program, or take or send, or attempt to
1253 take or send, from a juvenile detention facility or commitment
1254 program, any of the following articles, which are declared to be
1255 contraband under this section:
1256 1. Any unauthorized article of food or clothing.
1257 2. Any intoxicating beverage or any beverage that causes or
1258 may cause an intoxicating effect.
1259 3. Any controlled substance, as defined in s. 893.02(3) s.
1260 893.02(4), or any prescription or nonprescription drug that has
1261 a hypnotic, stimulating, or depressing effect.
1262 4. Any firearm or weapon of any kind or any explosive
1263 substance.
1264 Section 19. Paragraph (i) of subsection (1) of section
1265 1003.57, Florida Statutes, is amended to read:
1266 1003.57 Exceptional students instruction.—
1267 (1)
1268 (i) For purposes of paragraph (h), the term:
1269 1. “Controlled substance” means a drug or other substance
1270 identified under Schedule I, Schedule II, Schedule III, Schedule
1271 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
1272 812(c) and s. 893.02(3) s. 893.02(4).
1273 2. “Weapon” means a device, instrument, material, or
1274 substance, animate or inanimate, which is used for, or is
1275 readily capable of, causing death or serious bodily injury;
1276 however, this definition does not include a pocketknife having a
1277 blade that is less than 2 1/2 inches in length.
1278 Section 20. This act shall take effect July 1, 2015.