Florida Senate - 2016 SB 784
By Senator Flores
37-00336B-16 2016784__
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 480.043, F.S.; providing that a licensed massage
4 establishment may not receive a new or renewal license
5 if specified persons connected with it are convicted
6 of renting space to be used for lewdness, assignation,
7 or prostitution; amending s. 787.06, F.S.; deleting
8 the definition of the term “coercion”; eliminating
9 coercion as an element of certain human trafficking
10 offenses; prohibiting the human trafficking of any
11 child under the age of 18 for involvement in sexual
12 activity; providing criminal penalties; amending s.
13 796.06, F.S.; providing enhanced criminal penalties
14 for offense of renting space to be used for lewdness,
15 assignation, or prostitution if the offense is
16 committed in conjunction with a health care profession
17 or in a massage establishment; amending s. 796.07,
18 F.S.; providing that minors may not be charged with
19 specified prostitution offenses; specifying that
20 certain education programs may be offered by faith
21 based providers; amending ss. 775.21 and 943.0435,
22 F.S.; requiring a person convicted of specified
23 racketeering offenses to register as a sexual predator
24 or sexual offender under certain circumstances;
25 amending ss. 944.606 and 944.607, F.S.; revising the
26 definition of the term “sexual offender” for purposes
27 of offender notification to include a person convicted
28 of specified racketeering offenses where the court has
29 made specified findings; amending ss. 39.01305 and
30 921.0022, F.S.; conforming provisions to changes made
31 by the act; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Paragraphs (l) through (s) of subsection (8) of
36 section 480.043, Florida Statutes, are redesignated as
37 paragraphs (m) through (t), respectively, and a new paragraph
38 (l) is added to that subsection, to read:
39 480.043 Massage establishments; requisites; licensure;
40 inspection.—
41 (8) The department shall deny an application for a new or
42 renewal license if a person with an ownership interest in the
43 establishment or, for a corporation that has more than $250,000
44 of business assets in this state, the owner, officer, or
45 individual directly involved in the management of the
46 establishment has been convicted or found guilty of, or entered
47 a plea of guilty or nolo contendere to, regardless of
48 adjudication, a felony offense under any of the following
49 provisions of state law or a similar provision in another
50 jurisdiction:
51 (l) Section 796.06(2)(b), relating to renting space to be
52 used for lewdness, assignation, or prostitution.
53 Section 2. Paragraph (a) of subsection (1), paragraph (a)
54 of subsection (2), and subsection (3) of section 787.06, Florida
55 Statutes, are amended to read:
56 787.06 Human trafficking.—
57 (1)(a) The Legislature finds that human trafficking is a
58 form of modern-day slavery. Victims of human trafficking are
59 young children, teenagers, and adults. Thousands of victims are
60 trafficked annually across international borders worldwide. Many
61 of these victims are trafficked into this state. Victims of
62 human trafficking also include citizens of the United States and
63 those persons trafficked domestically within the borders of the
64 United States. The Legislature finds that victims of human
65 trafficking are subjected to force or, fraud, or coercion for
66 the purpose of sexual exploitation or forced labor.
67 (2) As used in this section, the term:
68 (a) “Coercion” means:
69 1. Using or threatening to use physical force against any
70 person;
71 2. Restraining, isolating, or confining or threatening to
72 restrain, isolate, or confine any person without lawful
73 authority and against her or his will;
74 3. Using lending or other credit methods to establish a
75 debt by any person when labor or services are pledged as a
76 security for the debt, if the value of the labor or services as
77 reasonably assessed is not applied toward the liquidation of the
78 debt, the length and nature of the labor or services are not
79 respectively limited and defined;
80 4. Destroying, concealing, removing, confiscating,
81 withholding, or possessing any actual or purported passport,
82 visa, or other immigration document, or any other actual or
83 purported government identification document, of any person;
84 5. Causing or threatening to cause financial harm to any
85 person;
86 6. Enticing or luring any person by fraud or deceit; or
87 7. Providing a controlled substance as outlined in Schedule
88 I or Schedule II of s. 893.03 to any person for the purpose of
89 exploitation of that person.
90 (3) Any person who knowingly, or in reckless disregard of
91 the facts, engages in human trafficking, or attempts to engage
92 in human trafficking, or benefits financially by receiving
93 anything of value from participation in a venture that has
94 subjected a person to human trafficking:
95 (a)1. For labor or services of any person child under the
96 age of 18 commits a felony of the first degree, punishable as
97 provided in s. 775.082, s. 775.083, or s. 775.084.
98 2. Using coercion for labor or services of an adult commits
99 a felony of the first degree, punishable as provided in s.
100 775.082, s. 775.083, or s. 775.084.
101 (b) Using coercion For commercial sexual activity of an
102 adult commits a felony of the first degree, punishable as
103 provided in s. 775.082, s. 775.083, or s. 775.084.
104 (c)1. For labor or services of any person child under the
105 age of 18 who is an unauthorized alien commits a felony of the
106 first degree, punishable as provided in s. 775.082, s. 775.083,
107 or s. 775.084.
108 2. Using coercion for labor or services of an adult who is
109 an unauthorized alien commits a felony of the first degree,
110 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
111 (d) Using coercion For commercial sexual activity of an
112 adult who is an unauthorized alien commits a felony of the first
113 degree, punishable as provided in s. 775.082, s. 775.083, or s.
114 775.084.
115 (e)1. For labor or services who does so by the transfer or
116 transport of any person child under the age of 18 from outside
117 this state to within the state commits a felony of the first
118 degree, punishable as provided in s. 775.082, s. 775.083, or s.
119 775.084.
120 2. Using coercion for labor or services who does so by the
121 transfer or transport of an adult from outside this state to
122 within the state commits a felony of the first degree,
123 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
124 (f)1. For commercial sexual activity who does so by the
125 transfer or transport of any person child under the age of 18
126 from outside this state to within the state commits a felony of
127 the first degree, punishable by imprisonment for a term of years
128 not exceeding life, or as provided in s. 775.082, s. 775.083, or
129 s. 775.084.
130 2. Using coercion For commercial sexual activity who does
131 so by the transfer or transport of an adult from outside this
132 state to within the state commits a felony of the first degree,
133 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
134 (g) For commercial or noncommercial sexual activity in
135 which any child under the age of 18, or in which any person who
136 is mentally defective or mentally incapacitated as those terms
137 are defined in s. 794.011(1), is involved commits a life felony,
138 punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s.
139 775.084.
140
141 For each instance of human trafficking of any individual under
142 this subsection, a separate crime is committed and a separate
143 punishment is authorized.
144 Section 3. Section 796.06, Florida Statutes, is amended to
145 read:
146 796.06 Renting space to be used for lewdness, assignation,
147 or prostitution.—
148 (1) It is unlawful to let or rent any place, structure, or
149 part thereof, trailer or other conveyance, with the knowledge
150 that it will be used for the purpose of lewdness, assignation,
151 or prostitution.
152 (2)(a) Except as provided in paragraph (b), a person who
153 violates this section commits:
154 1.(a) A misdemeanor of the second degree for a first
155 violation, punishable as provided in s. 775.082 or s. 775.083.
156 2.(b) A misdemeanor of the first degree for a second or
157 subsequent violation, punishable as provided in s. 775.082 or s.
158 775.083.
159 (b) A person who violates this section in connection with
160 the practice of a health care profession regulated under chapter
161 456, while practicing as a health care practitioner as defined
162 in s. 456.001, or in a massage establishment required to be
163 licensed under s. 480.043 commits a felony of the third degree,
164 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
165 Section 4. Paragraph (e) of subsection (2) and paragraph
166 (b) of subsection (5) of section 796.07, Florida Statutes, are
167 amended to read:
168 796.07 Prohibiting prostitution and related acts.—
169 (2) It is unlawful:
170 (e) For a person 18 years of age or older to offer to
171 commit, or to commit, or to engage in, prostitution, lewdness,
172 or assignation.
173 (5)
174 (b) In addition to any other penalty imposed, the court
175 shall order a person convicted of a violation of paragraph
176 (2)(f) to:
177 1. Perform 100 hours of community service; and
178 2. Pay for and attend an educational program about the
179 negative effects of prostitution and human trafficking, such as
180 a sexual violence prevention education program, including such
181 programs offered by faith-based providers, if such programs
182 exist program exists in the judicial circuit in which the
183 offender is sentenced.
184 Section 5. Paragraph (a) of subsection (4) of section
185 775.21, Florida Statutes, is amended to read:
186 775.21 The Florida Sexual Predators Act.—
187 (4) SEXUAL PREDATOR CRITERIA.—
188 (a) For a current offense committed on or after October 1,
189 1993, upon conviction, an offender shall be designated as a
190 “sexual predator” under subsection (5), and subject to
191 registration under subsection (6) and community and public
192 notification under subsection (7) if:
193 1. The felony is:
194 a. A capital, life, or first degree felony violation, or
195 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
196 is a minor and the defendant is not the victim’s parent or
197 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
198 violation of a similar law of another jurisdiction; or
199 b. Any felony violation, or any attempt thereof, of s.
200 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
201 787.025(2)(c), where the victim is a minor and the defendant is
202 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
203 or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
204 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
205 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135,
206 excluding s. 847.0135(6); s. 847.0145; s. 895.03, where the
207 court has made a written finding that the racketeering activity
208 involved at least one sexual offense listed in this sub
209 subparagraph or at least one offense listed in this sub
210 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
211 985.701(1); or a violation of a similar law of another
212 jurisdiction, and the offender has previously been convicted of
213 or found to have committed, or has pled nolo contendere or
214 guilty to, regardless of adjudication, any violation of s.
215 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
216 787.025(2)(c), where the victim is a minor and the defendant is
217 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
218 or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
219 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
220 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
221 excluding s. 847.0135(6); s. 847.0145; s. 895.03, where the
222 court has made a written finding that the racketeering activity
223 involved at least one sexual offense listed in this sub
224 subparagraph or at least one offense listed in this sub
225 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
226 985.701(1); or a violation of a similar law of another
227 jurisdiction;
228 2. The offender has not received a pardon for any felony or
229 similar law of another jurisdiction that is necessary for the
230 operation of this paragraph; and
231 3. A conviction of a felony or similar law of another
232 jurisdiction necessary to the operation of this paragraph has
233 not been set aside in any postconviction proceeding.
234 Section 6. Paragraph (a) of subsection (1) of section
235 943.0435, Florida Statutes, is amended to read:
236 943.0435 Sexual offenders required to register with the
237 department; penalty.—
238 (1) As used in this section, the term:
239 (a)1. “Sexual offender” means a person who meets the
240 criteria in sub-subparagraph a., sub-subparagraph b., sub
241 subparagraph c., or sub-subparagraph d., as follows:
242 a.(I) Has been convicted of committing, or attempting,
243 soliciting, or conspiring to commit, any of the criminal
244 offenses proscribed in the following statutes in this state or
245 similar offenses in another jurisdiction: s. 393.135(2); s.
246 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
247 the victim is a minor and the defendant is not the victim’s
248 parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
249 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
250 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
251 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
252 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
253 where the court has made a written finding that the racketeering
254 activity involved at least one sexual offense listed in this
255 sub-sub-subparagraph or at least one offense listed in this sub
256 sub-subparagraph with sexual intent or motive; s. 916.1075(2);
257 or s. 985.701(1); or any similar offense committed in this state
258 which has been redesignated from a former statute number to one
259 of those listed in this sub-sub-subparagraph; and
260 (II) Has been released on or after October 1, 1997, from
261 the sanction imposed for any conviction of an offense described
262 in sub-sub-subparagraph (I). For purposes of sub-sub
263 subparagraph (I), a sanction imposed in this state or in any
264 other jurisdiction includes, but is not limited to, a fine,
265 probation, community control, parole, conditional release,
266 control release, or incarceration in a state prison, federal
267 prison, private correctional facility, or local detention
268 facility;
269 b. Establishes or maintains a residence in this state and
270 who has not been designated as a sexual predator by a court of
271 this state but who has been designated as a sexual predator, as
272 a sexually violent predator, or by another sexual offender
273 designation in another state or jurisdiction and was, as a
274 result of such designation, subjected to registration or
275 community or public notification, or both, or would be if the
276 person were a resident of that state or jurisdiction, without
277 regard to whether the person otherwise meets the criteria for
278 registration as a sexual offender;
279 c. Establishes or maintains a residence in this state who
280 is in the custody or control of, or under the supervision of,
281 any other state or jurisdiction as a result of a conviction for
282 committing, or attempting, soliciting, or conspiring to commit,
283 any of the criminal offenses proscribed in the following
284 statutes or similar offense in another jurisdiction: s.
285 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
286 787.025(2)(c), where the victim is a minor and the defendant is
287 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
288 or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
289 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
290 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
291 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
292 847.0145; s. 895.03, where the court has made a written finding
293 that the racketeering activity involved at least one sexual
294 offense listed in this sub-subparagraph or at least one offense
295 listed in this sub-subparagraph with sexual intent or motive; s.
296 916.1075(2); or s. 985.701(1); or any similar offense committed
297 in this state which has been redesignated from a former statute
298 number to one of those listed in this sub-subparagraph; or
299 d. On or after July 1, 2007, has been adjudicated
300 delinquent for committing, or attempting, soliciting, or
301 conspiring to commit, any of the criminal offenses proscribed in
302 the following statutes in this state or similar offenses in
303 another jurisdiction when the juvenile was 14 years of age or
304 older at the time of the offense:
305 (I) Section 794.011, excluding s. 794.011(10);
306 (II) Section 800.04(4)(a)2. where the victim is under 12
307 years of age or where the court finds sexual activity by the use
308 of force or coercion;
309 (III) Section 800.04(5)(c)1. where the court finds
310 molestation involving unclothed genitals; or
311 (IV) Section 800.04(5)(d) where the court finds the use of
312 force or coercion and unclothed genitals.
313 2. For all qualifying offenses listed in sub-subparagraph
314 (1)(a)1.d., the court shall make a written finding of the age of
315 the offender at the time of the offense.
316
317 For each violation of a qualifying offense listed in this
318 subsection, except for a violation of s. 794.011, the court
319 shall make a written finding of the age of the victim at the
320 time of the offense. For a violation of s. 800.04(4), the court
321 shall also make a written finding indicating whether the offense
322 involved sexual activity and indicating whether the offense
323 involved force or coercion. For a violation of s. 800.04(5), the
324 court shall also make a written finding that the offense did or
325 did not involve unclothed genitals or genital area and that the
326 offense did or did not involve the use of force or coercion.
327 Section 7. Paragraph (b) of subsection (1) of section
328 944.606, Florida Statutes, is amended to read:
329 944.606 Sexual offenders; notification upon release.—
330 (1) As used in this section:
331 (b) “Sexual offender” means a person who has been convicted
332 of committing, or attempting, soliciting, or conspiring to
333 commit, any of the criminal offenses proscribed in the following
334 statutes in this state or similar offenses in another
335 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
336 787.02, or s. 787.025(2)(c), where the victim is a minor and the
337 defendant is not the victim’s parent or guardian; s.
338 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
339 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
340 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
341 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
342 847.0137; s. 847.0138; s. 847.0145; s. 895.03, where the court
343 has made a written finding that the racketeering activity
344 involved at least one sexual offense listed in this paragraph or
345 at least one offense listed in this paragraph with sexual intent
346 or motive; s. 916.1075(2); or s. 985.701(1); or any similar
347 offense committed in this state which has been redesignated from
348 a former statute number to one of those listed in this
349 subsection, when the department has received verified
350 information regarding such conviction; an offender’s
351 computerized criminal history record is not, in and of itself,
352 verified information.
353 Section 8. Paragraph (a) of subsection (1) of section
354 944.607, Florida Statutes, is amended to read:
355 944.607 Notification to Department of Law Enforcement of
356 information on sexual offenders.—
357 (1) As used in this section, the term:
358 (a) “Sexual offender” means a person who is in the custody
359 or control of, or under the supervision of, the department or is
360 in the custody of a private correctional facility:
361 1. On or after October 1, 1997, as a result of a conviction
362 for committing, or attempting, soliciting, or conspiring to
363 commit, any of the criminal offenses proscribed in the following
364 statutes in this state or similar offenses in another
365 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
366 787.02, or s. 787.025(2)(c), where the victim is a minor and the
367 defendant is not the victim’s parent or guardian; s.
368 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
369 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
370 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
371 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
372 847.0137; s. 847.0138; s. 847.0145; s. 895.03, where the court
373 has made a written finding that the racketeering activity
374 involved at least one sexual offense listed in this subparagraph
375 or at least one offense listed in this subparagraph with sexual
376 intent or motive; s. 916.1075(2); or s. 985.701(1); or any
377 similar offense committed in this state which has been
378 redesignated from a former statute number to one of those listed
379 in this paragraph; or
380 2. Who establishes or maintains a residence in this state
381 and who has not been designated as a sexual predator by a court
382 of this state but who has been designated as a sexual predator,
383 as a sexually violent predator, or by another sexual offender
384 designation in another state or jurisdiction and was, as a
385 result of such designation, subjected to registration or
386 community or public notification, or both, or would be if the
387 person were a resident of that state or jurisdiction, without
388 regard as to whether the person otherwise meets the criteria for
389 registration as a sexual offender.
390 Section 9. Paragraph (e) of subsection (3) of section
391 39.01305, Florida Statutes, is amended to read:
392 39.01305 Appointment of an attorney for a dependent child
393 with certain special needs.—
394 (3) An attorney shall be appointed for a dependent child
395 who:
396 (e) Is a victim of human trafficking as defined in s.
397 787.06 787.06(2)(d).
398 Section 10. Paragraphs (g), (h), (i), and (j) of subsection
399 (3) of section 921.0022, Florida Statutes, are amended to read:
400 921.0022 Criminal Punishment Code; offense severity ranking
401 chart.—
402 (3) OFFENSE SEVERITY RANKING CHART
403 (g) LEVEL 7
404
405
406 FloridaStatute FelonyDegree Description
407 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
408 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
409 316.1935(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.
410 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
411 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
412 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
413 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
414 456.065(2) 3rd Practicing a health care profession without a license.
415 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
416 458.327(1) 3rd Practicing medicine without a license.
417 459.013(1) 3rd Practicing osteopathic medicine without a license.
418 460.411(1) 3rd Practicing chiropractic medicine without a license.
419 461.012(1) 3rd Practicing podiatric medicine without a license.
420 462.17 3rd Practicing naturopathy without a license.
421 463.015(1) 3rd Practicing optometry without a license.
422 464.016(1) 3rd Practicing nursing without a license.
423 465.015(2) 3rd Practicing pharmacy without a license.
424 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
425 467.201 3rd Practicing midwifery without a license.
426 468.366 3rd Delivering respiratory care services without a license.
427 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
428 483.901(9) 3rd Practicing medical physics without a license.
429 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
430 484.053 3rd Dispensing hearing aids without a license.
431 494.0018(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.
432 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
433 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
434 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
435 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
436 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
437 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
438 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
439 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
440 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
441 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
442 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
443 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
444 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
445 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
446 784.048(7) 3rd Aggravated stalking; violation of court order.
447 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
448 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
449 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
450 784.081(1) 1st Aggravated battery on specified official or employee.
451 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
452 784.083(1) 1st Aggravated battery on code inspector.
453 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
454 787.06(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.
455 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
456 790.16(1) 1st Discharge of a machine gun under specified circumstances.
457 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
458 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
459 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
460 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
461 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
462 794.08(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.
463 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
464 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
465 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
466 800.04(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.
467 800.04(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.
468 806.01(2) 2nd Maliciously damage structure by fire or explosive.
469 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
470 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
471 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
472 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
473 812.014(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.
474 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
475 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
476 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
477 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
478 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
479 812.131(2)(a) 2nd Robbery by sudden snatching.
480 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
481 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
482 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
483 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
484 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
485 817.2341 (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.
486 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
487 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
488 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
489 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
490 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
491 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
492 838.015 2nd Bribery.
493 838.016 2nd Unlawful compensation or reward for official behavior.
494 838.021(3)(a) 2nd Unlawful harm to a public servant.
495 838.22 2nd Bid tampering.
496 843.0855(2) 3rd Impersonation of a public officer or employee.
497 843.0855(3) 3rd Unlawful simulation of legal process.
498 843.0855(4) 3rd Intimidation of a public officer or employee.
499 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
500 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
501 872.06 2nd Abuse of a dead human body.
502 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
503 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
504 893.13(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.
505 893.13(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.
506 893.13(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).
507 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
508 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
509 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
510 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
511 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
512 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
513 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
514 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
515 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
516 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
517 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
518 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
519 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
520 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
521 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
522 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
523 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
524 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
525 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
526 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
527 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
528 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
529 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
530 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
531 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
532 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
533 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
534 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
535 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
536 (h) LEVEL 8
537
538
539 FloridaStatute FelonyDegree Description
540 316.193 (3)(c)3.a. 2nd DUI manslaughter.
541 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
542 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
543 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
544 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
545 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
546 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
547 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
548 777.03(2)(a) 1st Accessory after the fact, capital felony.
549 782.04(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.
550 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
551 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
552 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
553 787.06(3)(a)787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
554 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
555 787.06(3)(c) 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
556 787.06(3)(e) 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a person child from outside Florida to within the state.
557 787.06(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.
558 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
559 794.011(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.
560 794.011(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.
561 794.011(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.
562 794.011(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.
563 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
564 800.04(4)(b) 2nd Lewd or lascivious battery.
565 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
566 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
567 810.02(2)(a) 1st,PBL Burglary with assault or battery.
568 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
569 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
570 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
571 812.13(2)(b) 1st Robbery with a weapon.
572 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
573 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
574 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
575 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
576 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
577 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
578 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
579 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
580 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
581 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
582 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
583 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
584 860.16 1st Aircraft piracy.
585 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
586 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
587 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
588 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
589 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
590 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
591 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
592 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
593 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
594 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
595 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
596 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
597 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
598 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
599 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
600 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
601 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
602 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
603 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
604 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
605 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
606 (i) LEVEL 9
607
608
609 FloridaStatute FelonyDegree Description
610 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
611 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
612 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
613 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
614 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
615 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
616 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
617 775.0844 1st Aggravated white collar crime.
618 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
619 782.04(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.
620 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
621 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
622 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
623 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
624 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
625 787.02(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.
626 787.06(3)(c)787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
627 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
628 787.06(3)(f) 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any person child from outside Florida to within the state.
629 790.161 1st Attempted capital destructive device offense.
630 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
631 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
632 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
633 794.011(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.
634 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
635 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
636 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
637 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
638 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
639 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
640 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
641 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
642 812.135(2)(b) 1st Home-invasion robbery with weapon.
643 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
644 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
645 817.535(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.
646 817.568(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.
647 827.03(2)(a) 1st Aggravated child abuse.
648 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
649 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
650 859.01 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.
651 893.135 1st Attempted capital trafficking offense.
652 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
653 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
654 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
655 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
656 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
657 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
658 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
659 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
660 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
661 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
662 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
663 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
664 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
665 (j) LEVEL 10
666
667
668 FloridaStatute FelonyDegree Description
669 499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
670 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
671 782.07(3) 1st Aggravated manslaughter of a child.
672 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
673 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
674 787.06(3)(g) Life Human trafficking for commercial or noncommercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
675 787.06(4)(a) Life Selling or buying of minors into human trafficking.
676 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
677 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
678 876.32 1st Treason against the state.
679 Section 11. This act shall take effect October 1, 2016.