Florida Senate - 2016 SB 616
By Senator Bullard
39-00756-16 2016616__
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).
295 175.176. AB-CHMINACA: N-[1-(aminocarbonyl)-2-methylpropyl]
296 1-(cyclohexylmethyl)-1H-indazole-3-carboxamide.
297 176.177. FUB-PB-22: Quinolin-8-yl-1-(4-fluorobenzyl)-1H
298 indole-3-carboxylate.
299 177.178. Fluoro-NNEI: 1-(Fluoropentyl)-N-(naphthalen-1-yl)
300 1H-indole-3-carboxamide.
301 178.179. Fluoro-AMB: Methyl 2-(1-(fluoropentyl)-1H
302 indazole-3-carboxamido)-3-methylbutanoate.
303 179.180. THJ-2201: [1-(5-Fluoropentyl)-1H-indazol-3
304 yl](naphthalen-1-yl)methanone.
305 Section 2. Paragraph (a) of subsection (2) and paragraph
306 (a) of subsection (3) of section 456.0635, Florida Statutes, are
307 amended to read:
308 456.0635 Health care fraud; disqualification for license,
309 certificate, or registration.—
310 (2) Each board within the jurisdiction of the department,
311 or the department if there is no board, shall refuse to admit a
312 candidate to any examination and refuse to issue a license,
313 certificate, or registration to any applicant if the candidate
314 or applicant or any principal, officer, agent, managing
315 employee, or affiliated person of the applicant:
316 (a) Has been convicted of, or entered a plea of guilty or
317 nolo contendere to, regardless of adjudication, a felony under
318 chapter 409, chapter 817, or chapter 893, or a similar felony
319 offense committed in another state or jurisdiction, unless the
320 candidate or applicant has successfully completed a drug court
321 program for that felony and provides proof that the plea has
322 been withdrawn or the charges have been dismissed. Any such
323 conviction or plea shall exclude the applicant or candidate from
324 licensure, examination, certification, or registration unless
325 the sentence and any subsequent period of probation for such
326 conviction or plea ended:
327 1. For felonies of the first or second degree, more than 15
328 years before the date of application.
329 2. For felonies of the third degree, more than 10 years
330 before the date of application, except for felonies of the third
331 degree under s. 893.13(5)(a) 893.13(6)(a).
332 3. For felonies of the third degree under s. 893.13(5)(a)
333 893.13(6)(a), more than 5 years before the date of application;
334
335 This subsection does not apply to candidates or applicants for
336 initial licensure or certification who were enrolled in an
337 educational or training program on or before July 1, 2009, which
338 was recognized by a board or, if there is no board, recognized
339 by the department, and who applied for licensure after July 1,
340 2012.
341 (3) The department shall refuse to renew a license,
342 certificate, or registration of any applicant if the applicant
343 or any principal, officer, agent, managing employee, or
344 affiliated person of the applicant:
345 (a) Has been convicted of, or entered a plea of guilty or
346 nolo contendere to, regardless of adjudication, a felony under
347 chapter 409, chapter 817, or chapter 893, or a similar felony
348 offense committed in another state or jurisdiction, unless the
349 applicant is currently enrolled in a drug court program that
350 allows the withdrawal of the plea for that felony upon
351 successful completion of that program. Any such conviction or
352 plea excludes the applicant from licensure renewal unless the
353 sentence and any subsequent period of probation for such
354 conviction or plea ended:
355 1. For felonies of the first or second degree, more than 15
356 years before the date of application.
357 2. For felonies of the third degree, more than 10 years
358 before the date of application, except for felonies of the third
359 degree under s. 893.13(5)(a) 893.13(6)(a).
360 3. For felonies of the third degree under s. 893.13(5)(a)
361 893.13(6)(a), more than 5 years before the date of application.
362 Section 3. Paragraph (a) of subsection (2) of section
363 772.12, Florida Statutes, is amended to read:
364 772.12 Drug Dealer Liability Act.—
365 (2) A person, including any governmental entity, has a
366 cause of action for threefold the actual damages sustained and
367 is entitled to minimum damages in the amount of $1,000 and
368 reasonable attorney’s fees and court costs in the trial and
369 appellate courts, if the person proves by the greater weight of
370 the evidence that:
371 (a) The person was injured because of the defendant’s
372 actions that resulted in the defendant’s conviction for:
373 1. A violation of s. 893.13, except for a violation of s.
374 893.13(2)(a) or (b), (4) (3), (5), or (6) (6)(a), (b), or (c),
375 (7); or
376 2. A violation of s. 893.135; and
377 Section 4. Paragraph (c) of subsection (1) of section
378 856.015, Florida Statutes, is amended to read:
379 856.015 Open house parties.—
380 (1) Definitions.—As used in this section:
381 (c) “Drug” means a controlled substance, as that term is
382 defined in ss. 893.02(3) 893.02(4) and 893.03.
383 Section 5. Subsection (3) of section 893.02, Florida
384 Statutes, is amended to read:
385 893.02 Definitions.—The following words and phrases as used
386 in this chapter shall have the following meanings, unless the
387 context otherwise requires:
388 (3) “Cannabis” means all parts of any plant of the genus
389 Cannabis, whether growing or not; the seeds thereof; the resin
390 extracted from any part of the plant; and every compound,
391 manufacture, salt, derivative, mixture, or preparation of the
392 plant or its seeds or resin. The term does not include “low-THC
393 cannabis,” as defined in s. 381.986, if manufactured, possessed,
394 sold, purchased, delivered, distributed, or dispensed, in
395 conformance with s. 381.986.
396 Section 6. Paragraph (a) of subsection (1), paragraph (b)
397 of subsection (2), and paragraph (f) of subsection (7) of
398 section 893.055, Florida Statutes, are amended to read:
399 893.055 Prescription drug monitoring program.—
400 (1) As used in this section, the term:
401 (a) “Patient advisory report” or “advisory report” means
402 information provided by the department in writing, or as
403 determined by the department, to a prescriber, dispenser,
404 pharmacy, or patient concerning the dispensing of controlled
405 substances. All advisory reports are for informational purposes
406 only and impose no obligations of any nature or any legal duty
407 on a prescriber, dispenser, pharmacy, or patient. The patient
408 advisory report shall be provided in accordance with s.
409 893.13(6)(a)8 893.13(7)(a)8. The advisory reports issued by the
410 department are not subject to discovery or introduction into
411 evidence in any civil or administrative action against a
412 prescriber, dispenser, pharmacy, or patient arising out of
413 matters that are the subject of the report; and a person who
414 participates in preparing, reviewing, issuing, or any other
415 activity related to an advisory report may not be permitted or
416 required to testify in any such civil action as to any findings,
417 recommendations, evaluations, opinions, or other actions taken
418 in connection with preparing, reviewing, or issuing such a
419 report.
420 (2)
421 (b) The department, when the direct support organization
422 receives at least $20,000 in nonstate moneys or the state
423 receives at least $20,000 in federal grants for the prescription
424 drug monitoring program, shall adopt rules as necessary
425 concerning the reporting, accessing the database, evaluation,
426 management, development, implementation, operation, security,
427 and storage of information within the system, including rules
428 for when patient advisory reports are provided to pharmacies and
429 prescribers. The patient advisory report shall be provided in
430 accordance with s. 893.13(6)(a)8. 893.13(7)(a)8. The department
431 shall work with the professional health care licensure boards,
432 such as the Board of Medicine, the Board of Osteopathic
433 Medicine, and the Board of Pharmacy; other appropriate
434 organizations, such as the Florida Pharmacy Association, the
435 Florida Medical Association, the Florida Retail Federation, and
436 the Florida Osteopathic Medical Association, including those
437 relating to pain management; and the Attorney General, the
438 Department of Law Enforcement, and the Agency for Health Care
439 Administration to develop rules appropriate for the prescription
440 drug monitoring program.
441 (7)
442 (f) The program manager, upon determining a pattern
443 consistent with the rules established under paragraph (2)(d) and
444 having cause to believe a violation of s. 893.13(6)(a)8.,
445 (7)(a), or (7)(b) 893.13(7)(a)8., (8)(a), or (8)(b) has
446 occurred, may provide relevant information to the applicable law
447 enforcement agency.
448 Section 7. Subsection (4) of section 893.0551, Florida
449 Statutes, is amended to read:
450 893.0551 Public records exemption for the prescription drug
451 monitoring program.—
452 (4) If the department determines consistent with its rules
453 that a pattern of controlled substance abuse exists, the
454 department may disclose such confidential and exempt information
455 to the applicable law enforcement agency in accordance with s.
456 893.055. The law enforcement agency may disclose to a criminal
457 justice agency, as defined in s. 119.011, only confidential and
458 exempt information received from the department that is relevant
459 to an identified active investigation that is specific to a
460 violation of s. 893.13(6)(a)8. 893.13(7)(a)8., s. 893.13(7)(a)
461 893.13(8)(a), or s. 893.13(8)(a) 893.13(8)(b).
462 Section 8. Subsections (3) and (6), paragraph (a) of
463 subsection (8), and subsection (9) of section 893.13, Florida
464 Statutes, are amended to read:
465 893.13 Prohibited acts; penalties.—
466 (3) A person who delivers, without consideration, 20 grams
467 or less of cannabis, as defined in this chapter, commits a
468 misdemeanor of the first degree, punishable as provided in s.
469 775.082 or s. 775.083. As used in this paragraph, the term
470 “cannabis” does not include the resin extracted from the plants
471 of the genus Cannabis or any compound manufacture, salt,
472 derivative, mixture, or preparation of such resin.
473 (5)(6)(a) A person may not be in actual or constructive
474 possession of a controlled substance unless such controlled
475 substance was lawfully obtained from a practitioner or pursuant
476 to a valid prescription or order of a practitioner while acting
477 in the course of his or her professional practice or to be in
478 actual or constructive possession of a controlled substance
479 except as otherwise authorized by this chapter. A person who
480 violates this provision commits a felony of the third degree,
481 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
482 (b) If the offense is the possession of 20 grams or less of
483 cannabis, as defined in this chapter, or 3 grams or less of a
484 controlled substance described in s. 893.03(1)(c)46.-50., 114.
485 142., 151.-159., or 166.-173., the person commits a misdemeanor
486 of the first degree, punishable as provided in s. 775.082 or s.
487 775.083. As used in this subsection, the term “cannabis” does
488 not include the resin extracted from the plants of the genus
489 Cannabis, or any compound manufacture, salt, derivative,
490 mixture, or preparation of such resin, and a controlled
491 substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
492 159., or 166.-173. does not include the substance in a powdered
493 form.
494 (b)(c) Except as provided in this chapter, a person may not
495 possess more than 10 grams of any substance named or described
496 in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
497 mixture containing any such substance. A person who violates
498 this paragraph commits a felony of the first degree, punishable
499 as provided in s. 775.082, s. 775.083, or s. 775.084.
500 (d) Notwithstanding any provision to the contrary of the
501 laws of this state relating to arrest, a law enforcement officer
502 may arrest without warrant any person who the officer has
503 probable cause to believe is violating the provisions of this
504 chapter relating to possession of cannabis.
505 (7)(8)(a) Notwithstanding subsection (8) (9), a prescribing
506 practitioner may not:
507 1. Knowingly assist a patient, other person, or the owner
508 of an animal in obtaining a controlled substance through
509 deceptive, untrue, or fraudulent representations in or related
510 to the practice of the prescribing practitioner’s professional
511 practice;
512 2. Employ a trick or scheme in the practice of the
513 prescribing practitioner’s professional practice to assist a
514 patient, other person, or the owner of an animal in obtaining a
515 controlled substance;
516 3. Knowingly write a prescription for a controlled
517 substance for a fictitious person; or
518 4. Write a prescription for a controlled substance for a
519 patient, other person, or an animal if the sole purpose of
520 writing such prescription is to provide a monetary benefit to,
521 or obtain a monetary benefit for, the prescribing practitioner.
522 (8)(9) The provisions of subsections (1)-(7) (1)-(8) are
523 not applicable to the delivery to, or actual or constructive
524 possession for medical or scientific use or purpose only of
525 controlled substances by, persons included in any of the
526 following classes, or the agents or employees of such persons,
527 for use in the usual course of their business or profession or
528 in the performance of their official duties:
529 (a) Pharmacists.
530 (b) Practitioners.
531 (c) Persons who procure controlled substances in good faith
532 and in the course of professional practice only, by or under the
533 supervision of pharmacists or practitioners employed by them, or
534 for the purpose of lawful research, teaching, or testing, and
535 not for resale.
536 (d) Hospitals that procure controlled substances for lawful
537 administration by practitioners, but only for use by or in the
538 particular hospital.
539 (e) Officers or employees of state, federal, or local
540 governments acting in their official capacity only, or informers
541 acting under their jurisdiction.
542 (f) Common carriers.
543 (g) Manufacturers, wholesalers, and distributors.
544 (h) Law enforcement officers for bona fide law enforcement
545 purposes in the course of an active criminal investigation.
546 Section 9. Paragraph (a) of subsection (1) of section
547 893.135, Florida Statutes, is amended to read:
548 893.135 Trafficking; mandatory sentences; suspension or
549 reduction of sentences; conspiracy to engage in trafficking.—
550 (1) Except as authorized in this chapter or in chapter 499
551 and notwithstanding the provisions of s. 893.13:
552 (a) Any person who knowingly sells, purchases,
553 manufactures, delivers, or brings into this state, or who is
554 knowingly in actual or constructive possession of, in excess of
555 25 pounds of cannabis, or 300 or more cannabis plants, commits a
556 felony of the first degree, which felony shall be known as
557 “trafficking in cannabis,” punishable as provided in s. 775.082,
558 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
559 1. Is in excess of 25 pounds, but less than 2,000 pounds,
560 or is 300 or more cannabis plants, but not more than 2,000
561 cannabis plants, such person shall be sentenced to a mandatory
562 minimum term of imprisonment of 3 years, and the defendant shall
563 be ordered to pay a fine of $25,000.
564 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
565 is 2,000 or more cannabis plants, but not more than 10,000
566 cannabis plants, such person shall be sentenced to a mandatory
567 minimum term of imprisonment of 7 years, and the defendant shall
568 be ordered to pay a fine of $50,000.
569 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
570 plants, such person shall be sentenced to a mandatory minimum
571 term of imprisonment of 15 calendar years and pay a fine of
572 $200,000.
573
574 For the purpose of this paragraph, a plant, including, but not
575 limited to, a seedling or cutting, is a “cannabis plant” if it
576 has some readily observable evidence of root formation, such as
577 root hairs. To determine if a piece or part of a cannabis plant
578 severed from the cannabis plant is itself a cannabis plant, the
579 severed piece or part must have some readily observable evidence
580 of root formation, such as root hairs. Callous tissue is not
581 readily observable evidence of root formation. The viability and
582 sex of a plant and the fact that the plant may or may not be a
583 dead harvested plant are not relevant in determining if the
584 plant is a “cannabis plant” or in the charging of an offense
585 under this paragraph. Upon conviction, the court shall impose
586 the longest term of imprisonment provided for in this paragraph.
587 Section 10. Subsection (4) of section 893.1351, Florida
588 Statutes, is amended to read:
589 893.1351 Ownership, lease, rental, or possession for
590 trafficking in or manufacturing a controlled substance.—
591 (4) For the purposes of this section, proof of the
592 possession of 25 or more cannabis plants constitutes prima facie
593 evidence that the cannabis is intended for sale or distribution.
594 Section 11. Subsections (7) and (12) of section 893.145,
595 Florida Statutes, are amended to read:
596 893.145 “Drug paraphernalia” defined.—The term “drug
597 paraphernalia” means all equipment, products, and materials of
598 any kind which are used, intended for use, or designed for use
599 in planting, propagating, cultivating, growing, harvesting,
600 manufacturing, compounding, converting, producing, processing,
601 preparing, testing, analyzing, packaging, repackaging, storing,
602 containing, concealing, transporting, injecting, ingesting,
603 inhaling, or otherwise introducing into the human body a
604 controlled substance in violation of this chapter or s. 877.111.
605 Drug paraphernalia is deemed to be contraband which shall be
606 subject to civil forfeiture. The term includes, but is not
607 limited to:
608 (7) Separation gins and sifters used, intended for use, or
609 designed for use in removing twigs and seeds from, or in
610 otherwise cleaning or refining, cannabis.
611 (11)(12) Objects used, intended for use, or designed for
612 use in ingesting, inhaling, or otherwise introducing cannabis,
613 cocaine, hashish, hashish oil, or nitrous oxide into the human
614 body, such as:
615 (a) Metal, wooden, acrylic, glass, stone, plastic, or
616 ceramic pipes, with or without screens, permanent screens,
617 hashish heads, or punctured metal bowls.
618 (b) Water pipes.
619 (c) Carburetion tubes and devices.
620 (d) Smoking and carburetion masks.
621 (e) Roach clips: meaning objects used to hold burning
622 material, such as a cannabis cigarette, that has become too
623 small or too short to be held in the hand.
624 (f) Miniature cocaine spoons, and cocaine vials.
625 (g) Chamber pipes.
626 (h) Carburetor pipes.
627 (i) Electric pipes.
628 (j) Air-driven pipes.
629 (k) Chillums.
630 (l) Bongs.
631 (m) Ice pipes or chillers.
632 (n) A cartridge or canister, which means a small metal
633 device used to contain nitrous oxide.
634 (o) A charger, sometimes referred to as a “cracker,” which
635 means a small metal or plastic device that contains an interior
636 pin that may be used to expel nitrous oxide from a cartridge or
637 container.
638 (p) A charging bottle, which means a device that may be
639 used to expel nitrous oxide from a cartridge or canister.
640 (q) A whip-it, which means a device that may be used to
641 expel nitrous oxide.
642 (r) A tank.
643 (s) A balloon.
644 (t) A hose or tube.
645 (u) A 2-liter-type soda bottle.
646 (v) Duct tape.
647 Section 12. Paragraph (a) of subsection (6) of section
648 893.147, Florida Statutes, is amended to read:
649 893.147 Use, possession, manufacture, delivery,
650 transportation, advertisement, or retail sale of drug
651 paraphernalia.—
652 (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
653 (a) It is unlawful for a person to knowingly and willfully
654 sell or offer for sale at retail any drug paraphernalia
655 described in s. 893.145(11)(a)-(c) or (g)-(m) 893.145(12)(a)-(c)
656 or (g)-(m), other than a pipe that is primarily made of briar,
657 meerschaum, clay, or corn cob.
658 Section 13. Section 893.15, Florida Statutes, is amended to
659 read:
660 893.15 Rehabilitation.—Any person who violates s.
661 893.13(5)(a) or (b) 893.13(6)(a) or (b) relating to possession
662 may, in the discretion of the trial judge, be required to
663 participate in a substance abuse services program approved or
664 regulated by the Department of Children and Families pursuant to
665 the provisions of chapter 397, provided the director of such
666 program approves the placement of the defendant in such program.
667 Such required participation shall be imposed in addition to any
668 penalty or probation otherwise prescribed by law. However, the
669 total time of such penalty, probation, and program participation
670 shall not exceed the maximum length of sentence possible for the
671 offense.
672 Section 14. Paragraphs (a), (b), (c), (e), (g), (h), and
673 (i) of subsection (3) of section 921.0022, Florida Statutes, are
674 amended to read:
675 921.0022 Criminal Punishment Code; offense severity ranking
676 chart.—
677 (3) OFFENSE SEVERITY RANKING CHART
678 (a) LEVEL 1
679
680
681 FloridaStatute FelonyDegree Description
682 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
683 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
684 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
685 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
686 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
687 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
688 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
689 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
690 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
691 322.212(5)(a) 3rd False application for driver license or identification card.
692 414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
693 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
694 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
695 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
696 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
697 562.27(1) 3rd Possess still or still apparatus.
698 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
699 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
700 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
701 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
702 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
703 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
704 826.01 3rd Bigamy.
705 828.122(3) 3rd Fighting or baiting animals.
706 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
707 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
708 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
709 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
710 838.15(2) 3rd Commercial bribe receiving.
711 838.16 3rd Commercial bribery.
712 843.18 3rd Fleeing by boat to elude a law enforcement officer.
713 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
714 849.01 3rd Keeping gambling house.
715 849.09(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.
716 849.23 3rd Gambling-related machines; “common offender” as to property rights.
717 849.25(2) 3rd Engaging in bookmaking.
718 860.08 3rd Interfere with a railroad signal.
719 860.13(1)(a) 3rd Operate aircraft while under the influence.
720 893.13(2)(a)2. 3rd Purchase of cannabis.
721 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
722 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
723 (b) LEVEL 2
724
725
726 FloridaStatute FelonyDegree Description
727 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
728 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
729 403.413(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.
730 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
731 590.28(1) 3rd Intentional burning of lands.
732 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
733 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
734 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
735 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
736 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
737 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
738 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
739 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
740 817.234(1)(a)2. 3rd False statement in support of insurance claim.
741 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
742 817.52(3) 3rd Failure to redeliver hired vehicle.
743 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
744 817.60(5) 3rd Dealing in credit cards of another.
745 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
746 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
747 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
748 831.01 3rd Forgery.
749 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
750 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
751 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
752 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
753 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
754 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
755 843.08 3rd False personation.
756 893.13(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.
757 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
758 (c) LEVEL 3
759
760
761 FloridaStatute FelonyDegree Description
762 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
763 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
764 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
765 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
766 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
767 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
768 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
769 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
770 327.35(2)(b) 3rd Felony BUI.
771 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
772 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
773 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
774 379.2431 (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.
775 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
776 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
777 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
778 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
779 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
780 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
781 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
782 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
783 697.08 3rd Equity skimming.
784 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
785 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
786 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
787 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
788 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
789 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
790 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
791 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
792 817.233 3rd Burning to defraud insurer.
793 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
794 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
795 817.236 3rd Filing a false motor vehicle insurance application.
796 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
797 817.413(2) 3rd Sale of used goods as new.
798 817.505(4) 3rd Patient brokering.
799 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
800 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
801 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
802 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
803 843.19 3rd Injure, disable, or kill police dog or horse.
804 860.15(3) 3rd Overcharging for repairs and parts.
805 870.01(2) 3rd Riot; inciting or encouraging.
806 893.13(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).
807 893.13(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.
808 893.13(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.
809 893.13(5)(a) 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
810 893.13(6)(a)8. 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
811 893.13(6)(a)9. 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
812 893.13(6)(a)10. 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
813 893.13(6)(a)11. 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
814 893.13(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.
815 893.13(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.
816 893.13(7)(a)3.893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
817 893.13(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.
818 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
819 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
820 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
821 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
822 (e) LEVEL 5
823
824
825 FloridaStatute FelonyDegree Description
826 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
827 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
828 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
829 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
830 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
831 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
832 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
833 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
834 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
835 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
836 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
837 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
838 790.01(2) 3rd Carrying a concealed firearm.
839 790.162 2nd Threat to throw or discharge destructive device.
840 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
841 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
842 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
843 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
844 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
845 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
846 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
847 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
848 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
849 812.019(1) 2nd Stolen property; dealing in or trafficking in.
850 812.131(2)(b) 3rd Robbery by sudden snatching.
851 812.16(2) 3rd Owning, operating, or conducting a chop shop.
852 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
853 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
854 817.2341(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.
855 817.568(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 persons.
856 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
857 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
858 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
859 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
860 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
861 843.01 3rd Resist officer with violence to person; resist arrest with violence.
862 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
863 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
864 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
865 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
866 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
867 893.13(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).
868 893.13(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.
869 893.13(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.
870 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
871 893.13(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.
872 893.13(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).
873 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
874 (g) LEVEL 7
875
876
877 FloridaStatute FelonyDegree Description
878 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
879 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
880 316.1935(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.
881 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
882 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
883 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
884 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
885 456.065(2) 3rd Practicing a health care profession without a license.
886 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
887 458.327(1) 3rd Practicing medicine without a license.
888 459.013(1) 3rd Practicing osteopathic medicine without a license.
889 460.411(1) 3rd Practicing chiropractic medicine without a license.
890 461.012(1) 3rd Practicing podiatric medicine without a license.
891 462.17 3rd Practicing naturopathy without a license.
892 463.015(1) 3rd Practicing optometry without a license.
893 464.016(1) 3rd Practicing nursing without a license.
894 465.015(2) 3rd Practicing pharmacy without a license.
895 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
896 467.201 3rd Practicing midwifery without a license.
897 468.366 3rd Delivering respiratory care services without a license.
898 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
899 483.901(9) 3rd Practicing medical physics without a license.
900 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
901 484.053 3rd Dispensing hearing aids without a license.
902 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
903 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
904 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
905 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
906 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
907 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
908 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
909 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
910 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
911 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
912 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
913 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
914 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
915 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
916 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
917 784.048(7) 3rd Aggravated stalking; violation of court order.
918 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
919 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
920 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
921 784.081(1) 1st Aggravated battery on specified official or employee.
922 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
923 784.083(1) 1st Aggravated battery on code inspector.
924 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
925 787.06(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.
926 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
927 790.16(1) 1st Discharge of a machine gun under specified circumstances.
928 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
929 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
930 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
931 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
932 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
933 794.08(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.
934 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
935 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
936 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
937 800.04(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.
938 800.04(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.
939 806.01(2) 2nd Maliciously damage structure by fire or explosive.
940 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
941 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
942 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
943 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
944 812.014(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.
945 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
946 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
947 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
948 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
949 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
950 812.131(2)(a) 2nd Robbery by sudden snatching.
951 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
952 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
953 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
954 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
955 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
956 817.2341 (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.
957 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
958 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
959 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
960 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
961 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
962 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
963 838.015 2nd Bribery.
964 838.016 2nd Unlawful compensation or reward for official behavior.
965 838.021(3)(a) 2nd Unlawful harm to a public servant.
966 838.22 2nd Bid tampering.
967 843.0855(2) 3rd Impersonation of a public officer or employee.
968 843.0855(3) 3rd Unlawful simulation of legal process.
969 843.0855(4) 3rd Intimidation of a public officer or employee.
970 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
971 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
972 872.06 2nd Abuse of a dead human body.
973 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
974 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
975 893.13(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.
976 893.13(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.
977 893.13(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).
978 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
979 893.135(1)(a)1.a. 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
980 893.135(1)(b)1.a. 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
981 893.135(1)(b)2.a. 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
982 893.135(1)(b)2.b. 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
983 893.135(1)(b)3.a. 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
984 893.135(1)(b)3.b. 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
985 893.135(1)(c)1. 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
986 893.135(1)(d)1. 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
987 893.135(1)(e)1. 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
988 893.135(1)(f)1.a. 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
989 893.135(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.
990 893.135(1)(i)1.a. 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
991 893.135(1)(j)2.a. 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
992 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
993 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
994 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
995 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
996 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
997 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
998 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
999 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1000 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1001 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1002 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1003 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1004 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1005 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1006 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1007 (h) LEVEL 8
1008
1009
1010 FloridaStatute FelonyDegree Description
1011 316.193 (3)(c)3.a. 2nd DUI manslaughter.
1012 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
1013 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
1014 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
1015 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
1016 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.
1017 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.
1018 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
1019 777.03(2)(a) 1st Accessory after the fact, capital felony.
1020 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.
1021 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
1022 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
1023 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
1024 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
1025 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
1026 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
1027 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.
1028 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.
1029 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
1030 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.
1031 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.
1032 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.
1033 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.
1034 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
1035 800.04(4)(b) 2nd Lewd or lascivious battery.
1036 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
1037 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
1038 810.02(2)(a) 1st,PBL Burglary with assault or battery.
1039 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
1040 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
1041 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
1042 812.13(2)(b) 1st Robbery with a weapon.
1043 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1044 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
1045 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
1046 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
1047 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.
1048 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1049 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
1050 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1051 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
1052 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1053 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1054 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1055 860.16 1st Aircraft piracy.
1056 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).
1057 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1058 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).
1059 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1060 893.135(1)(a)1.b. 893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1061 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.
1062 893.135(1)(b)2.c. 893.135(1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
1063 893.135(1)(b)3.c. 893.135(1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
1064 893.135(1)(c)1.b. 893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
1065 893.135(1)(d)1.b. 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1066 893.135(1)(e)1.b. 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
1067 893.135(1)(f)1.b. 893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1068 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.
1069 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1070 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1071 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1072 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1073 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1074 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1075 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1076 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.
1077 (i) LEVEL 9
1078
1079
1080 FloridaStatute FelonyDegree Description
1081 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1082 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1083 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1084 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1085 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1086 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1087 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1088 775.0844 1st Aggravated white collar crime.
1089 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1090 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.
1091 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1092 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1093 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1094 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1095 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1096 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.
1097 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
1098 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
1099 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.
1100 790.161 1st Attempted capital destructive device offense.
1101 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1102 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1103 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1104 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.
1105 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
1106 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
1107 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
1108 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.
1109 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1110 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1111 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1112 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1113 812.135(2)(b) 1st Home-invasion robbery with weapon.
1114 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1115 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1116 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.
1117 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.
1118 827.03(2)(a) 1st Aggravated child abuse.
1119 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1120 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1121 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.
1122 893.135 1st Attempted capital trafficking offense.
1123 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1124 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1125 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1126 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
1127 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
1128 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1129 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1130 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1131 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1132 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1133 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1134 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1135 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1136 Section 15. Paragraph (a) of subsection (1) of section
1137 944.47, Florida Statutes, is amended to read:
1138 944.47 Introduction, removal, or possession of certain
1139 articles unlawful; penalty.—
1140 (1)(a) Except through regular channels as authorized by the
1141 officer in charge of the correctional institution, it is
1142 unlawful to introduce into or upon the grounds of any state
1143 correctional institution, or to take or attempt to take or send
1144 or attempt to send therefrom, any of the following articles
1145 which are hereby declared to be contraband for the purposes of
1146 this section, to wit:
1147 1. Any written or recorded communication or any currency or
1148 coin given or transmitted, or intended to be given or
1149 transmitted, to any inmate of any state correctional
1150 institution.
1151 2. Any article of food or clothing given or transmitted, or
1152 intended to be given or transmitted, to any inmate of any state
1153 correctional institution.
1154 3. Any intoxicating beverage or beverage which causes or
1155 may cause an intoxicating effect.
1156 4. Any controlled substance as defined in s. 893.02(3)
1157 893.02(4) or any prescription or nonprescription drug having a
1158 hypnotic, stimulating, or depressing effect.
1159 5. Any firearm or weapon of any kind or any explosive
1160 substance.
1161 6. Any cellular telephone or other portable communication
1162 device intentionally and unlawfully introduced inside the secure
1163 perimeter of any state correctional institution without prior
1164 authorization or consent from the officer in charge of such
1165 correctional institution. As used in this subparagraph, the term
1166 “portable communication device” means any device carried, worn,
1167 or stored which is designed or intended to receive or transmit
1168 verbal or written messages, access or store data, or connect
1169 electronically to the Internet or any other electronic device
1170 and which allows communications in any form. Such devices
1171 include, but are not limited to, portable two-way pagers, hand
1172 held radios, cellular telephones, Blackberry-type devices,
1173 personal digital assistants or PDA’s, laptop computers, or any
1174 components of these devices which are intended to be used to
1175 assemble such devices. The term also includes any new technology
1176 that is developed for similar purposes. Excluded from this
1177 definition is any device having communication capabilities which
1178 has been approved or issued by the department for investigative
1179 or institutional security purposes or for conducting other state
1180 business.
1181 Section 16. Subsection (1) of section 948.20, Florida
1182 Statutes, is amended to read:
1183 948.20 Drug offender probation.—
1184 (1) If it appears to the court upon a hearing that the
1185 defendant is a chronic substance abuser whose criminal conduct
1186 is a violation of s. 893.13(2)(a) or (5)(a) (6)(a), or other
1187 nonviolent felony if such nonviolent felony is committed on or
1188 after July 1, 2009, and notwithstanding s. 921.0024 the
1189 defendant’s Criminal Punishment Code scoresheet total sentence
1190 points are 60 points or fewer, the court may either adjudge the
1191 defendant guilty or stay and withhold the adjudication of guilt.
1192 In either case, the court may also stay and withhold the
1193 imposition of sentence and place the defendant on drug offender
1194 probation or into a postadjudicatory treatment-based drug court
1195 program if the defendant otherwise qualifies. As used in this
1196 section, the term “nonviolent felony” means a third degree
1197 felony violation under chapter 810 or any other felony offense
1198 that is not a forcible felony as defined in s. 776.08.
1199 Section 17. Subsection (1) of section 951.22, Florida
1200 Statutes, is amended to read:
1201 951.22 County detention facilities; contraband articles.—
1202 (1) It is unlawful, except through regular channels as duly
1203 authorized by the sheriff or officer in charge, to introduce
1204 into or possess upon the grounds of any county detention
1205 facility as defined in s. 951.23 or to give to or receive from
1206 any inmate of any such facility wherever said inmate is located
1207 at the time or to take or to attempt to take or send therefrom
1208 any of the following articles which are hereby declared to be
1209 contraband for the purposes of this act, to wit: Any written or
1210 recorded communication; any currency or coin; any article of
1211 food or clothing; any tobacco products as defined in s.
1212 210.25(11); any cigarette as defined in s. 210.01(1); any cigar;
1213 any intoxicating beverage or beverage which causes or may cause
1214 an intoxicating effect; any narcotic, hypnotic, or excitative
1215 drug or drug of any kind or nature, including nasal inhalators,
1216 sleeping pills, barbiturates, and controlled substances as
1217 defined in s. 893.02(3) 893.02(4); any firearm or any
1218 instrumentality customarily used or which is intended to be used
1219 as a dangerous weapon; and any instrumentality of any nature
1220 that may be or is intended to be used as an aid in effecting or
1221 attempting to effect an escape from a county facility.
1222 Section 18. Paragraph (a) of subsection (1) of section
1223 985.711, Florida Statutes, is amended to read:
1224 985.711 Introduction, removal, or possession of certain
1225 articles unlawful; penalty.—
1226 (1)(a) Except as authorized through program policy or
1227 operating procedure or as authorized by the facility
1228 superintendent, program director, or manager, a person may not
1229 introduce into or upon the grounds of a juvenile detention
1230 facility or commitment program, or take or send, or attempt to
1231 take or send, from a juvenile detention facility or commitment
1232 program, any of the following articles, which are declared to be
1233 contraband under this section:
1234 1. Any unauthorized article of food or clothing.
1235 2. Any intoxicating beverage or any beverage that causes or
1236 may cause an intoxicating effect.
1237 3. Any controlled substance, as defined in s. 893.02(3)
1238 893.02(4), or any prescription or nonprescription drug that has
1239 a hypnotic, stimulating, or depressing effect.
1240 4. Any firearm or weapon of any kind or any explosive
1241 substance.
1242 Section 19. Paragraph (i) of subsection (1) of section
1243 1003.57, Florida Statutes, is amended to read:
1244 1003.57 Exceptional students instruction.—
1245 (1)
1246 (i) For purposes of paragraph (h), the term:
1247 1. “Controlled substance” means a drug or other substance
1248 identified under Schedule I, Schedule II, Schedule III, Schedule
1249 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
1250 812(c) and s. 893.02(3) 893.02(4).
1251 2. “Weapon” means a device, instrument, material, or
1252 substance, animate or inanimate, which is used for, or is
1253 readily capable of, causing death or serious bodily injury;
1254 however, this definition does not include a pocketknife having a
1255 blade that is less than 2 1/2 inches in length.
1256 Section 20. This act shall take effect July 1, 2016.