Florida Senate - 2016 CS for CS for SB 912
By the Committees on Fiscal Policy; and Criminal Justice; and
Senators Flores and Soto
594-03751-16 2016912c2
1 A bill to be entitled
2 An act relating to fraudulent activities associated
3 with payment systems; amending s. 316.80, F.S.;
4 revising the felony classification for unlawful
5 conveyance of fuel; amending s. 525.07, F.S.;
6 specifying requirements for managers of petroleum fuel
7 measuring devices with respect to accurate
8 measurement; requiring retail petroleum fuel measuring
9 devices fitted with scanning devices to have certain
10 security measures; providing requirements for such
11 measures; requiring the owner or operator of a device
12 to have certain security measures in place within a
13 specified timeframe upon notice from the Department of
14 Agriculture and Consumer Services; authorizing the
15 department, under certain circumstances, to prohibit
16 use of or to remove from service such devices that are
17 noncompliant; defining terms; providing applicability;
18 amending s. 817.611, F.S.; defining the term “related
19 document”; revising the prohibition against
20 trafficking in or possession of counterfeit credit
21 cards; revising penalties; amending s. 921.0022, F.S.;
22 revising the ranking of unlawful conveyance or
23 fraudulent acquisition of fuel on the offense severity
24 ranking chart; ranking trafficking in or possession of
25 counterfeit credit cards; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (2) of section 316.80, Florida
30 Statutes, is amended to read:
31 316.80 Unlawful conveyance of fuel; obtaining fuel
32 fraudulently.—
33 (2) A Any person who violates subsection (1) commits a
34 felony of the second third degree, punishable as provided in s.
35 775.082, s. 775.083, or s. 775.084, if he or she has attempted
36 to or has fraudulently obtained motor or diesel fuel by:
37 (a) Presenting a credit card or a credit card account
38 number in violation of ss. 817.57-817.685;
39 (b) Using unauthorized access to any computer network in
40 violation of s. 815.06; or
41 (c) Using a fraudulently scanned or lost or stolen payment
42 access device, whether credit card or contactless device.
43 Section 2. Subsections (3) and (4) of section 525.07,
44 Florida Statutes, are amended, and subsection (10) is added to
45 that section, to read:
46 525.07 Powers and duties of department; inspections;
47 unlawful acts.—
48 (3) Each person who owns or manages All persons who own or
49 operate a petroleum fuel measuring device shall be responsible
50 for ensuring accurate measure by the device within the
51 tolerances defined by the rule. An appropriate security seal
52 shall be placed on all measuring devices found to be giving
53 accurate measure within the tolerances defined by the department
54 in such a way that the metering adjustment cannot be changed
55 without breaking the seal.
56 (4) A Any measuring device that is found to be operating
57 outside the tolerances defined by the department shall be deemed
58 inaccurate and the department, at its discretion, shall either:
59 (a) Give, in writing, the operator or owner or manager of
60 the measuring device a reasonable time to repair the measuring
61 device; or
62 (b) Condemn or prohibit the further use of the measuring
63 device by using an appropriate security seal to obstruct the
64 mechanism so that it cannot be operated without breaking the
65 seal. The measuring device shall not be operated in this state
66 again without the written consent of the department.
67 (10)(a) Each person who owns or manages a retail petroleum
68 fuel measuring device shall have affixed to or installed onto
69 the measuring device a security measure to restrict the
70 unauthorized access of customer payment card information. The
71 security measure must include one or more of the following:
72 1. The placement of pressure-sensitive security tape over
73 the panel opening that leads to the scanning device for the
74 retail petroleum fuel measuring device in a manner that will
75 restrict the unauthorized opening of the panel.
76 2. A device or system that will render the retail petroleum
77 fuel measuring device or the scanning device in the measuring
78 device inoperable if there is an unauthorized opening of the
79 panel.
80 3. A device or system that encrypts the customer payment
81 card information in the scanning device.
82 4. Another security measure approved by the department.
83 (b) The owner or manager of a retail petroleum fuel
84 measuring device without a security measure or with an altered
85 or damaged security measure, upon written notice from the
86 department of such noncompliance, shall have 5 calendar days to
87 comply with this subsection. After the fifth day of
88 noncompliance, the department may prohibit further use of the
89 retail petroleum fuel measuring device until a security measure
90 is installed, replaced, or repaired. A repeat violation found on
91 the same retail petroleum fuel measuring device will be cause
92 for the department to immediately take the measuring device out
93 of service.
94 (c) For purposes of this subsection, the terms “scanning
95 device” and “payment card” have the same meanings as defined in
96 s. 817.625.
97 (d) This subsection applies only to retail petroleum fuel
98 measuring devices that have a scanning device.
99 Section 3. Section 817.611, Florida Statutes, is amended to
100 read:
101 817.611 Traffic in or possess counterfeit credit cards.—
102 (1) As used in this section, the term “related document”
103 means an invoice, a voucher, a sales draft, or other
104 representation or manifestation of a counterfeit credit card or
105 a credit card number of a cardholder if not authorized by the
106 cardholder.
107 (2) A Any person who traffics in, or attempts to traffic
108 in, or possesses 10 or more counterfeit credit cards or related
109 documents, invoices, vouchers, sales drafts, or other
110 representations or manifestations of counterfeit credit cards,
111 or credit card account numbers of another in any 6-month period
112 is guilty of:
113 (a) A felony of the second degree, punishable as provided
114 in s. 775.082, s. 775.083, or s. 775.084, if the person traffics
115 in, attempts to traffic in, or possesses 5 to 14 counterfeit
116 credit cards or related documents.
117 (b) A felony of the first degree, punishable as provided in
118 s. 775.082, s. 775.083, or s. 775.084, if the person traffics
119 in, attempts to traffic in, or possesses 15 to 49 counterfeit
120 credit cards or related documents.
121 (c) A felony of the first degree, punishable as provided in
122 s. 775.082, s. 775.083, or s. 775.084, if the person traffics
123 in, attempts to traffic in, or possesses 50 or more counterfeit
124 credit cards or related documents.
125 Section 4. Paragraphs (e), (g), and (i) of subsection (3)
126 of section 921.0022, Florida Statutes, are amended to read:
127 921.0022 Criminal Punishment Code; offense severity ranking
128 chart.—
129 (3) OFFENSE SEVERITY RANKING CHART
130 (e) LEVEL 5
131
132 FloridaStatute FelonyDegree Description
133 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
134 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
135 316.80(2) 2nd Unlawful conveyance; obtaining fuel fraudulently.
136 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
137 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
138 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
139 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
140 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
141 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
142 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
143 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
144 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
145 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
146 790.01(2) 3rd Carrying a concealed firearm.
147 790.162 2nd Threat to throw or discharge destructive device.
148 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
149 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
150 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
151 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
152 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
153 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
154 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
155 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
156 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
157 812.019(1) 2nd Stolen property; dealing in or trafficking in.
158 812.131(2)(b) 3rd Robbery by sudden snatching.
159 812.16(2) 3rd Owning, operating, or conducting a chop shop.
160 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
161 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
162 817.2341(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.
163 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
164 817.568(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.
165 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
166 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
167 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
168 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
169 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
170 843.01 3rd Resist officer with violence to person; resist arrest with violence.
171 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
172 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
173 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
174 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
175 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
176 893.13(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).
177 893.13(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.
178 893.13(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.
179 893.13(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.
180 893.13(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.
181 893.13(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).
182 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
183
184 (g) LEVEL 7
185
186 FloridaStatute FelonyDegree Description
187 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
188 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
189 316.1935(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.
190 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
191 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
192 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
193 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
194 456.065(2) 3rd Practicing a health care profession without a license.
195 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
196 458.327(1) 3rd Practicing medicine without a license.
197 459.013(1) 3rd Practicing osteopathic medicine without a license.
198 460.411(1) 3rd Practicing chiropractic medicine without a license.
199 461.012(1) 3rd Practicing podiatric medicine without a license.
200 462.17 3rd Practicing naturopathy without a license.
201 463.015(1) 3rd Practicing optometry without a license.
202 464.016(1) 3rd Practicing nursing without a license.
203 465.015(2) 3rd Practicing pharmacy without a license.
204 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
205 467.201 3rd Practicing midwifery without a license.
206 468.366 3rd Delivering respiratory care services without a license.
207 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
208 483.901(9) 3rd Practicing medical physics without a license.
209 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
210 484.053 3rd Dispensing hearing aids without a license.
211 494.0018(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.
212 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
213 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
214 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
215 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
216 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
217 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
218 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
219 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
220 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
221 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
222 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
223 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
224 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
225 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
226 784.048(7) 3rd Aggravated stalking; violation of court order.
227 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
228 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
229 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
230 784.081(1) 1st Aggravated battery on specified official or employee.
231 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
232 784.083(1) 1st Aggravated battery on code inspector.
233 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
234 787.06(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.
235 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
236 790.16(1) 1st Discharge of a machine gun under specified circumstances.
237 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
238 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
239 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
240 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
241 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
242 794.08(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.
243 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
244 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
245 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
246 800.04(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.
247 800.04(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.
248 806.01(2) 2nd Maliciously damage structure by fire or explosive.
249 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
250 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
251 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
252 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
253 812.014(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.
254 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
255 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
256 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
257 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
258 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
259 812.131(2)(a) 2nd Robbery by sudden snatching.
260 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
261 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
262 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
263 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
264 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
265 817.2341 (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.
266 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
267 817.611(2)(b) 1st Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
268 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
269 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
270 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
271 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
272 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
273 838.015 2nd Bribery.
274 838.016 2nd Unlawful compensation or reward for official behavior.
275 838.021(3)(a) 2nd Unlawful harm to a public servant.
276 838.22 2nd Bid tampering.
277 843.0855(2) 3rd Impersonation of a public officer or employee.
278 843.0855(3) 3rd Unlawful simulation of legal process.
279 843.0855(4) 3rd Intimidation of a public officer or employee.
280 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
281 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
282 872.06 2nd Abuse of a dead human body.
283 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
284 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
285 893.13(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.
286 893.13(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.
287 893.13(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).
288 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
289 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
290 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
291 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
292 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
293 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
294 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
295 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
296 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
297 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
298 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
299 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
300 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
301 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
302 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
303 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
304 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
305 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
306 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
307 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
308 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
309 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
310 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
311 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
312 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
313 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
314 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
315 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
316 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
317
318 (i) LEVEL 9
319
320 FloridaStatute FelonyDegree Description
321 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
322 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
323 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
324 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
325 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
326 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
327 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
328 775.0844 1st Aggravated white collar crime.
329 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
330 782.04(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.
331 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
332 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
333 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
334 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
335 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
336 787.02(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.
337 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
338 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
339 787.06(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.
340 790.161 1st Attempted capital destructive device offense.
341 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
342 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
343 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
344 794.011(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.
345 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
346 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
347 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
348 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
349 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
350 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
351 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
352 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
353 812.135(2)(b) 1st Home-invasion robbery with weapon.
354 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
355 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
356 817.535(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.
357 817.568(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.
358 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
359 827.03(2)(a) 1st Aggravated child abuse.
360 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
361 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
362 859.01 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.
363 893.135 1st Attempted capital trafficking offense.
364 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
365 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
366 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
367 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
368 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
369 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
370 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
371 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
372 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
373 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
374 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
375 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
376 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
377
378 Section 5. This act shall take effect October 1, 2016.