Florida Senate - 2016                                    SB 1470
       
       
        
       By Senator Latvala
       
       20-00795-16                                           20161470__
    1                        A bill to be entitled                      
    2         An act relating to crustaceans; amending s. 379.365,
    3         F.S.; specifying that for violations related to stone
    4         crab traps which involve fewer than 100 traps, each
    5         untagged trap may be charged as a separate count;
    6         specifying maximum penalties for such violations;
    7         revising the criminal and administrative penalties for
    8         violations related to stone crab traps; amending s.
    9         379.3671, F.S.; specifying that for violations related
   10         to spiny lobster traps involving fewer than 100 traps,
   11         each untagged trap or unlawful trap tag may be charged
   12         as a separate count; specifying maximum penalties for
   13         such violations; revising the criminal and
   14         administrative penalties for violations related to
   15         spiny lobster traps; amending s. 379.407, F.S.;
   16         prohibiting certain persons from being in the
   17         possession of undersized spiny lobsters; specifying
   18         that for violations related to undersized spiny
   19         lobsters in which fewer than 100 lobsters are
   20         involved, each undersized lobster may be charged as a
   21         separate count; specifying maximum penalties for such
   22         violations; specifying the criminal and administrative
   23         penalties for violations related to undersized spiny
   24         lobsters; amending s. 921.0022, F.S.; revising the
   25         offense severity ranking chart to include certain
   26         violations related to stone crabs and spiny lobsters;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (a) of subsection (2) of section
   32  379.365, Florida Statutes, is amended to read:
   33         379.365 Stone crab; regulation.—
   34         (2) PENALTIES.—For purposes of this subsection, conviction
   35  is any disposition other than acquittal or dismissal, regardless
   36  of whether the violation was adjudicated under any state or
   37  federal law.
   38         (a) It is unlawful to violate commission rules regulating
   39  stone crab trap certificates and trap tags. No person may use an
   40  expired tag or a stone crab trap tag not issued by the
   41  commission or possess or use a stone crab trap in or on state
   42  waters or adjacent federal waters without having a trap tag
   43  required by the commission firmly attached thereto. For
   44  violations involving fewer than 100 stone crab traps, each
   45  untagged trap may be charged as a separate misdemeanor count
   46  under sub-subparagraphs 1.a.-1.d. However, the total misdemeanor
   47  penalty for any one scheme or course of conduct may not exceed 4
   48  years’ imprisonment and a civil fine of $4,000 under such
   49  subparagraphs.
   50         1. In addition to any other penalties provided in s.
   51  379.407, for any commercial harvester who violates this
   52  paragraph, the following administrative penalties apply:.
   53         a. For A first violation is a misdemeanor of the second
   54  degree, punishable as provided in s. 775.082 or s. 775.083. In
   55  addition, the commission shall impose ,the commission shall
   56  assess an administrative penalty of up to $1,000 on the
   57  violator.
   58         b. For A second violation is a misdemeanor of the first
   59  degree, punishable as provided in s. 775.082 or s. 775.083. In
   60  addition, the commission shall impose that occurs within 24
   61  months of any previous such violation, the commission shall
   62  assess an administrative penalty of up to $2,000 on the violator
   63  and shall suspend all of the violator’s license privileges under
   64  this chapter and the stone crab endorsement under which the
   65  violation was committed may be suspended for a period of up to
   66  12 calendar months.
   67         c. For A third or subsequent violation is a misdemeanor of
   68  the first degree, punishable as provided in s. 775.082 or s.
   69  775.083. In addition, the commission shall impose that occurs
   70  within 36 months of any previous two such violations, the
   71  commission shall assess an administrative penalty of up to
   72  $5,000 on the violator and shall suspend all of the violator’s
   73  license privileges under this chapter and the stone crab
   74  endorsement under which the violation was committed may be
   75  suspended for a period of up to 24 calendar months.
   76         d. A fourth violation that occurs within 48 months of any
   77  three previous such violations, shall be punished by shall
   78  result in permanent revocation of all of the violator’s license
   79  privileges under this chapter saltwater fishing privileges,
   80  including having the commission proceed against the endorsement
   81  holder’s saltwater products license in accordance with s.
   82  379.407.
   83         e.Any violation involving 100 or more untagged stone crab
   84  traps is a felony of the third degree, punishable as provided in
   85  s. 775.082, s. 775.083, or s. 775.084 and a mandatory civil fine
   86  of at least $500. In addition, the commission shall impose an
   87  administrative penalty of up to $2,000 against the violator and
   88  may suspend the violator’s license privileges under this chapter
   89  for a period of up to 12 months. The administrative penalty and
   90  suspension may be assessed in addition to the penalties
   91  specified in sub-subparagraphs a.-d.
   92         2. Any other person who violates the provisions of this
   93  paragraph commits a Level Two violation under s. 379.401.
   94  
   95  Within 30 days after notification, a Any commercial harvester
   96  assessed an administrative penalty under this paragraph shall,
   97  within 30 calendar days after notification, pay the
   98  administrative penalty to the commission, or request an
   99  administrative hearing under ss. 120.569 and 120.57. The
  100  proceeds of all administrative penalties collected under this
  101  paragraph shall be deposited in the Marine Resources
  102  Conservation Trust Fund.
  103         Section 2. Paragraph (c) of subsection (2) of section
  104  379.3671, Florida Statutes, is amended to read:
  105         379.3671 Spiny lobster trap certificate program.—
  106         (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
  107  PENALTIES.—The Fish and Wildlife Conservation Commission shall
  108  establish a trap certificate program for the spiny lobster
  109  fishery of this state and shall be responsible for its
  110  administration and enforcement as follows:
  111         (c) Prohibitions; penalties.—
  112         1. It is unlawful for a person to possess or use a spiny
  113  lobster trap in or on state waters or adjacent federal waters
  114  without having affixed thereto the trap tag required by this
  115  section. It is unlawful for a person to possess or use any other
  116  gear or device designed to attract and enclose or otherwise aid
  117  in the taking of spiny lobster by trapping that is not a trap as
  118  defined by commission rule. For violations involving fewer than
  119  100 spiny lobster traps, each untagged trap may be charged as a
  120  separate misdemeanor count. However the total misdemeanor
  121  penalty for any one scheme or course of conduct may not exceed 4
  122  years’ imprisonment and a civil fine of $4,000.
  123         2. It is unlawful for a person to possess or use spiny
  124  lobster trap tags without having the necessary number of
  125  certificates on record as required by this section. For
  126  violations involving fewer than 100 spiny lobster trap tags,
  127  each unlawful trap tag may be charged as a separate misdemeanor
  128  count. However, the total misdemeanor penalty for any one scheme
  129  or course of conduct may not exceed 4 years’ imprisonment and a
  130  civil fine of $4,000.
  131         3. It is unlawful for any person to willfully molest, take
  132  possession of, or remove the contents of another harvester’s
  133  spiny lobster trap without the express written consent of the
  134  trap owner available for immediate inspection. Unauthorized
  135  possession of another’s trap gear or removal of trap contents
  136  constitutes theft.
  137         a. A commercial harvester who violates this subparagraph
  138  shall be punished under ss. 379.367 and 379.407. Any commercial
  139  harvester receiving a judicial disposition other than dismissal
  140  or acquittal on a charge of theft of or from a trap pursuant to
  141  this subparagraph or s. 379.402 shall, in addition to the
  142  penalties specified in ss. 379.367 and 379.407 and the
  143  provisions of this section, permanently lose all his or her
  144  saltwater fishing privileges, including his or her saltwater
  145  products license, spiny lobster endorsement, and all trap
  146  certificates allotted to him or her through this program. In
  147  such cases, trap certificates and endorsements are
  148  nontransferable.
  149         b. Any commercial harvester receiving a judicial
  150  disposition other than dismissal or acquittal on a charge of
  151  willful molestation of a trap, in addition to the penalties
  152  specified in ss. 379.367 and 379.407, shall lose all saltwater
  153  fishing privileges for a period of 24 calendar months.
  154         c. In addition, any commercial harvester charged with
  155  violating this subparagraph and receiving a judicial disposition
  156  other than dismissal or acquittal for violating this
  157  subparagraph or s. 379.402 shall also be assessed an
  158  administrative penalty of up to $5,000.
  159  
  160  Immediately upon receiving a citation for a violation involving
  161  theft of or from a trap, or molestation of a trap, and until
  162  adjudicated for such a violation or, upon receipt of a judicial
  163  disposition other than dismissal or acquittal of such a
  164  violation, the commercial harvester committing the violation is
  165  prohibited from transferring any spiny lobster trap certificates
  166  and endorsements.
  167         4. In addition to any other penalties provided in s.
  168  379.407, a commercial harvester who violates the provisions of
  169  this section or commission rules relating to spiny lobster traps
  170  shall be punished as follows:
  171         a. A If the first violation is a misdemeanor of the second
  172  degree, punishable as provided in s. 775.082 or s. 775.083. In
  173  addition, the commission shall impose an is for violation of
  174  subparagraph 1. or subparagraph 2., the commission shall assess
  175  an additional administrative penalty of up to $1,000 on the
  176  violator. For all other first violations, the commission shall
  177  assess an additional administrative penalty of up to $500.
  178         b. For A second violation is a misdemeanor of the first
  179  degree, punishable as provided in s. 775.082 or s. 775.083. In
  180  addition, the commission shall impose an of subparagraph 1. or
  181  subparagraph 2. which occurs within 24 months of any previous
  182  such violation, the commission shall assess an additional
  183  administrative penalty of up to $2,000 on the violator and shall
  184  suspend the violator’s license privileges under this chapter for
  185  a period of up to 12 months and the spiny lobster endorsement
  186  issued under s. 379.367(2) or (6) may be suspended for the
  187  remainder of the current license year.
  188         c. For A third or subsequent violation is a misdemeanor of
  189  the first degree, punishable as provided in s. 775.082 or s.
  190  775.083. In addition, the commission shall impose an of
  191  subparagraph 1., subparagraph 2., or subparagraph 3. which
  192  occurs within 36 months of any previous two such violations, the
  193  commission shall assess an additional administrative penalty of
  194  up to $5,000 on the violator and shall suspend the violator’s
  195  license privileges under this chapter and may suspend the spiny
  196  lobster endorsement issued under s. 379.367(2) or (6) for a
  197  period of up to 24 months or may revoke the spiny lobster
  198  endorsement issued under s. 379.367(2) or (6) and, if revoking
  199  the spiny lobster endorsement, may also proceed against the
  200  licenseholder’s saltwater products license in accordance with
  201  the provisions of s. 379.407(2)(h).
  202         d.A violation that involves 100 or more untagged spiny
  203  lobster traps or unlawful trap tags is a felony of the third
  204  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  205  775.084 and by a mandatory civil fine of at least $500. In
  206  addition, the commission shall impose an administrative penalty
  207  of up to $2,000 on the violator and may suspend the violator’s
  208  license privileges under this chapter for an additional period
  209  of up to 12 months.
  210         e.d.Within 30 days after notification, a Any person
  211  assessed an additional administrative penalty pursuant to this
  212  section shall within 30 calendar days after notification:
  213         (I) Pay the administrative penalty to the commission; or
  214         (II) Request an administrative hearing pursuant to the
  215  provisions of ss. 120.569 and 120.57.
  216         f.e. The commission shall suspend the spiny lobster
  217  endorsement issued under s. 379.367(2) or (6) of for any person
  218  failing to comply with the provisions of sub-subparagraph e. d.
  219         5.a. It is unlawful for any person to make, alter, forge,
  220  counterfeit, or reproduce a spiny lobster trap tag or
  221  certificate.
  222         b. It is unlawful for any person to knowingly have in his
  223  or her possession a forged, counterfeit, or imitation spiny
  224  lobster trap tag or certificate.
  225         c. It is unlawful for any person to barter, trade, sell,
  226  supply, agree to supply, aid in supplying, or give away a spiny
  227  lobster trap tag or certificate or to conspire to barter, trade,
  228  sell, supply, aid in supplying, or give away a spiny lobster
  229  trap tag or certificate unless such action is duly authorized by
  230  the commission as provided in this chapter or in the rules of
  231  the commission.
  232         6.a. Any commercial harvester who violates the provisions
  233  of subparagraph 5., or any commercial harvester who engages in
  234  the commercial harvest, trapping, or possession of spiny lobster
  235  without a spiny lobster endorsement as required by s. 379.367(2)
  236  or (6) or during any period while such spiny lobster endorsement
  237  is under suspension or revocation, commits a felony of the third
  238  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  239  775.084.
  240         b. In addition to any penalty imposed pursuant to sub
  241  subparagraph a., the commission shall levy a fine of up to twice
  242  the amount of the appropriate surcharge to be paid on the fair
  243  market value of the transferred certificates, as provided in
  244  subparagraph (a)1., on any commercial harvester who violates the
  245  provisions of sub-subparagraph 5.c.
  246         c. In addition to any penalty imposed pursuant to sub
  247  subparagraph a., any commercial harvester receiving any judicial
  248  disposition other than acquittal or dismissal for a violation of
  249  subparagraph 5. shall be assessed an administrative penalty of
  250  up to $5,000, and the spiny lobster endorsement under which the
  251  violation was committed may be suspended for up to 24 calendar
  252  months. Immediately upon issuance of a citation involving a
  253  violation of subparagraph 5. and until adjudication of such a
  254  violation, and after receipt of any judicial disposition other
  255  than acquittal or dismissal for such a violation, the commercial
  256  harvester holding the spiny lobster endorsement listed on the
  257  citation is prohibited from transferring any spiny lobster trap
  258  certificates.
  259         d. Any other person who violates the provisions of
  260  subparagraph 5. commits a Level Four violation under s. 379.401.
  261         7. Prior to the 2010-2011 license year, any certificates
  262  for which the annual certificate fee is not paid for a period of
  263  3 years shall be considered abandoned and shall revert to the
  264  commission. Beginning with the 2010-2011 license year, any
  265  certificate for which the annual certificate fee is not paid for
  266  a period of 2 consecutive years shall be considered abandoned
  267  and shall revert to the commission. During any period of trap
  268  reduction, any certificates reverting to the commission shall
  269  become permanently unavailable and be considered in that amount
  270  to be reduced during the next license-year period. Otherwise,
  271  any certificates that revert to the commission are to be
  272  reallotted in such manner as provided by the commission.
  273         8. The proceeds of all administrative penalties collected
  274  pursuant to subparagraph 4. and all fines collected pursuant to
  275  sub-subparagraph 6.b. shall be deposited into the Marine
  276  Resources Conservation Trust Fund.
  277         9. All traps shall be removed from the water during any
  278  period of suspension or revocation.
  279         10. Except as otherwise provided, any person who violates
  280  this paragraph commits a Level Two violation under s. 379.401.
  281         Section 3. Subsection (5) of section 379.407, Florida
  282  Statutes, is amended to read:
  283         379.407 Administration; rules, publications, records;
  284  penalties; injunctions.—
  285         (5) PENALTIES FOR POSSESSION OF SPINY LOBSTER; CLOSED
  286  SEASON AND WRUNG TAILS.—
  287         (a) It is a major violation under this section for any
  288  person, firm, or corporation to be in possession of spiny
  289  lobster during the closed season or, while on the water, to be
  290  in possession of spiny lobster tails that have been wrung or
  291  separated from the body, unless such possession is allowed by
  292  commission rule. Any person, firm, or corporation that violates
  293  this paragraph subsection is subject to penalties as follows:
  294         1.(a) A first violation is a misdemeanor of the second
  295  degree, punishable as provided in s. 775.082 or s. 775.083. If
  296  the violation involves 25 or more lobster, the violation is a
  297  misdemeanor of the first degree, punishable as provided in s.
  298  775.082 or s. 775.083.
  299         2.(b) A second violation is a misdemeanor of the first
  300  degree, punishable as provided in s. 775.082 or s. 775.083, and
  301  such person is subject to a suspension of his or her all license
  302  privileges under this chapter for a period not to exceed 90
  303  days.
  304         3.(c) A third violation is a misdemeanor of the first
  305  degree, punishable as provided in s. 775.082 or s. 775.083, with
  306  a mandatory minimum term of imprisonment of 6 months, and such
  307  person may be assessed a civil penalty of up to $2,500 and is
  308  subject to a suspension of all license privileges under this
  309  chapter for a period not to exceed 6 months.
  310         4.(d) A third violation within 1 year after a second
  311  violation is a felony of the third degree, punishable as
  312  provided in s. 775.082 or s. 775.083, with a mandatory minimum
  313  term of imprisonment of 1 year, and such person shall be
  314  assessed a civil penalty of $5,000 and all license privileges
  315  under this chapter shall be permanently revoked.
  316         5.(e) A fourth or subsequent violation is a felony of the
  317  third degree, punishable as provided in s. 775.082 or s.
  318  775.083, with a mandatory minimum term of imprisonment of 1
  319  year, and such person shall be assessed a civil penalty of
  320  $5,000 and all license privileges under this chapter shall be
  321  permanently revoked.
  322         (b)It is a major violation under this section for a
  323  recreational or commercial harvester to be in possession of an
  324  undersized spiny lobster, unless authorized to do so by
  325  commission rule. For violations of this paragraph involving
  326  fewer than 100 lobsters, each undersized spiny lobster may be
  327  charged as a separate misdemeanor count under subparagraphs 1.
  328  and 2. However, the total misdemeanor penalty for any one scheme
  329  or course of conduct may not exceed 4 years’ imprisonment and a
  330  civil fine of $4,000 under such subparagraphs. Any person that
  331  violates this paragraph is subject to the following penalties:
  332         1.A first violation is a misdemeanor of the second degree,
  333  punishable as provided in s. 775.082 or s. 775.083.
  334         2.A second violation is a misdemeanor of the first degree,
  335  punishable as provided in s. 775.082 or s. 775.083.
  336         3.If a violation involves more than 100 spiny lobsters,
  337  the violation is a felony of the third degree, punishable as
  338  provided in s. 775.082, s. 775.083, or s. 775.084 and a
  339  mandatory civil fine of at least $500. In addition, the
  340  commission shall assess the violator with an administrative
  341  penalty of up to $2,000 and may suspend the violator’s license
  342  privileges under this chapter for a period of up to 12 months.
  343         Section 4. Paragraph (e) of subsection (3) of section
  344  921.0022, Florida Statutes, is amended to read:
  345         921.0022 Criminal Punishment Code; offense severity ranking
  346  chart.—
  347         (3) OFFENSE SEVERITY RANKING CHART
  348         (e) LEVEL 5
  349  
  350  FloridaStatute              FelonyDegree        Description        
  351  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  352  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  353  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  354  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  355  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  356  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  357  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  358  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  359  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  360  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  361  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  362  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  363  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  364  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  365  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  366  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  367  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  368  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  369  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  370  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  371  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  372  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  373  379.365(2)(a)1.e.               3rd     Possession or use of more than 100 untagged stone crab traps.
  374  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  375  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  376  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  377  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  378  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  379  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  380  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  381  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  382  379.365(2)(b)                    3rd     Possession or removal of the contents of another harvester’s stone crab trap.
  383  379.365(2)(c)1.                 3rd     Violation of rules relating to molestation of stone crab traps, lines, or buoys; or rules relating to stone crab trap tags.
  384  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  385  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  386  379.3671(2)(c)4.d.              3rd     Possession or use of more than 100 untagged spiny lobster traps or unlawful trap tags.
  387  379.407(5)(b)3.                 3rd     Possession of more than 100 undersized spiny lobsters.
  388  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
  389  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
  390  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  391  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  392  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  393  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
  394  790.01(2)                        3rd     Carrying a concealed firearm.
  395  790.162                          2nd     Threat to throw or discharge destructive device.
  396  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
  397  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
  398  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  399  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
  400  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  401  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  402  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  403  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  404  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  405  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
  406  812.131(2)(b)                    3rd     Robbery by sudden snatching.
  407  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
  408  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
  409  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  410  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.
  411  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.
  412  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  413  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  414  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  415  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  416  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.
  417  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
  418  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  419  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
  420  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  421  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  422  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  423  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).
  424  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.
  425  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.
  426  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.
  427  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.
  428  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).
  429  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  430  
  431         Section 5. This act shall take effect October 1, 2016.