ENROLLED
       2016 Legislature      CS for CS for CS for SB 912, 1st Engrossed
       
       
       
       
       
       
                                                              2016912er
    1  
    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         requiring the department to enforce certain
   19         provisions; providing rulemaking authority; amending
   20         s. 817.58, F.S.; revising the definition of “traffic”;
   21         amending s. 817.611, F.S.; defining the term “related
   22         document”; revising the prohibition against
   23         trafficking in or possession of counterfeit credit
   24         cards; revising penalties; amending s. 921.0022, F.S.;
   25         revising the ranking of unlawful conveyance or
   26         fraudulent acquisition of fuel on the offense severity
   27         ranking chart; ranking trafficking in or possession of
   28         counterfeit credit cards; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (2) of section 316.80, Florida
   33  Statutes, is amended to read:
   34         316.80 Unlawful conveyance of fuel; obtaining fuel
   35  fraudulently.—
   36         (2) A Any person who violates subsection (1) commits a
   37  felony of the second third degree, punishable as provided in s.
   38  775.082, s. 775.083, or s. 775.084, if he or she has attempted
   39  to or has fraudulently obtained motor or diesel fuel by:
   40         (a) Presenting a credit card or a credit card account
   41  number in violation of ss. 817.57-817.685;
   42         (b) Using unauthorized access to any computer network in
   43  violation of s. 815.06; or
   44         (c) Using a fraudulently scanned or lost or stolen payment
   45  access device, whether credit card or contactless device.
   46         Section 2. Subsections (3) and (4) of section 525.07,
   47  Florida Statutes, are amended, and subsection (10) is added to
   48  that section, to read:
   49         525.07 Powers and duties of department; inspections;
   50  unlawful acts.—
   51         (3) Each person who owns or manages All persons who own or
   52  operate a petroleum fuel measuring device shall be responsible
   53  for ensuring accurate measure by the device within the
   54  tolerances defined by the rule. An appropriate security seal
   55  shall be placed on all measuring devices found to be giving
   56  accurate measure within the tolerances defined by the department
   57  in such a way that the metering adjustment cannot be changed
   58  without breaking the seal.
   59         (4) A Any measuring device that is found to be operating
   60  outside the tolerances defined by the department shall be deemed
   61  inaccurate and the department, at its discretion, shall either:
   62         (a) Give, in writing, the operator or owner or manager of
   63  the measuring device a reasonable time to repair the measuring
   64  device; or
   65         (b) Condemn or prohibit the further use of the measuring
   66  device by using an appropriate security seal to obstruct the
   67  mechanism so that it cannot be operated without breaking the
   68  seal. The measuring device shall not be operated in this state
   69  again without the written consent of the department.
   70         (10)(a)Each person who owns or manages a retail petroleum
   71  fuel measuring device shall have affixed to or installed onto
   72  the measuring device a security measure to restrict the
   73  unauthorized access of customer payment card information. The
   74  security measure must include one or more of the following:
   75         1.The placement of pressure-sensitive security tape over
   76  the panel opening that leads to the scanning device for the
   77  retail petroleum fuel measuring device in a manner that will
   78  restrict the unauthorized opening of the panel.
   79         2.A device or system that will render the retail petroleum
   80  fuel measuring device or the scanning device in the measuring
   81  device inoperable if there is an unauthorized opening of the
   82  panel.
   83         3.A device or system that encrypts the customer payment
   84  card information in the scanning device.
   85         4.Another security measure approved by the department.
   86         (b)The owner or manager of a retail petroleum fuel
   87  measuring device without a security measure or with an altered
   88  or damaged security measure, upon written notice from the
   89  department of such noncompliance, shall have 5 calendar days to
   90  comply with this subsection. After the fifth day of
   91  noncompliance, the department may prohibit further use of the
   92  retail petroleum fuel measuring device until a security measure
   93  is installed, replaced, or repaired. A repeat violation found on
   94  the same retail petroleum fuel measuring device will be cause
   95  for the department to immediately take the measuring device out
   96  of service.
   97         (c)For purposes of this subsection, the terms “scanning
   98  device” and “payment card” have the same meanings as defined in
   99  s. 817.625.
  100         (d)This subsection applies only to retail petroleum fuel
  101  measuring devices that have a scanning device.
  102         (e) The department shall enforce, and may adopt rules to
  103  administer, this subsection.
  104         Section 3. Subsection (10) of section 817.58, Florida
  105  Statutes, is amended to read:
  106         817.58 Definitions.—As used in ss. 817.57-817.685:
  107         (10) “Traffic” means to sell, transfer, distribute,
  108  dispense, or otherwise dispose of a property or to buy, receive,
  109  possess, obtain control of, or use property with the intent to
  110  sell, transfer, distribute, dispense, or otherwise dispose of
  111  such property.
  112         Section 4. Section 817.611, Florida Statutes, is amended to
  113  read:
  114         817.611 Traffic in or possess counterfeit credit cards.—
  115         (1)As used in this section, the term “related document”
  116  means an invoice, a voucher, a sales draft, or other
  117  representation or manifestation of a counterfeit credit card or
  118  a credit card number of a cardholder if not authorized by the
  119  cardholder.
  120         (2)A Any person who traffics in, or attempts to traffic
  121  in, or possesses 10 or more counterfeit credit cards or related
  122  documents, invoices, vouchers, sales drafts, or other
  123  representations or manifestations of counterfeit credit cards,
  124  or credit card account numbers of another in any 6-month period
  125  is guilty of:
  126         (a) A felony of the second degree, punishable as provided
  127  in s. 775.082, s. 775.083, or s. 775.084, if the person traffics
  128  in, attempts to traffic in, or possesses 5 to 14 counterfeit
  129  credit cards or related documents.
  130         (b)A felony of the second degree, punishable as provided
  131  in s. 775.082, s. 775.083, or s. 775.084, if the person traffics
  132  in, attempts to traffic in, or possesses 15 to 49 counterfeit
  133  credit cards or related documents.
  134         (c)A felony of the first degree, punishable as provided in
  135  s. 775.082, s. 775.083, or s. 775.084, if the person traffics
  136  in, attempts to traffic in, or possesses 50 or more counterfeit
  137  credit cards or related documents.
  138         Section 5. Paragraphs (e), (g), and (h) of subsection (3)
  139  of section 921.0022, Florida Statutes, are amended to read:
  140         921.0022 Criminal Punishment Code; offense severity ranking
  141  chart.—
  142         (3) OFFENSE SEVERITY RANKING CHART
  143         (e) LEVEL 5
  144  
  145  FloridaStatute              FelonyDegree        Description        
  146  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  147  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  148  316.80(2)                        2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  149  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  150  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  151  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  152  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  153  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
  154  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
  155  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  156  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  157  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  158  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
  159  790.01(2)                        3rd     Carrying a concealed firearm.
  160  790.162                          2nd     Threat to throw or discharge destructive device.
  161  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
  162  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
  163  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  164  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
  165  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  166  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  167  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  168  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  169  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  170  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
  171  812.131(2)(b)                    3rd     Robbery by sudden snatching.
  172  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
  173  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
  174  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  175  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.
  176  817.611(2)(a)                    2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  177  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.
  178  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  179  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  180  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  181  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  182  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.
  183  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
  184  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  185  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
  186  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  187  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  188  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  189  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).
  190  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.
  191  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.
  192  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.
  193  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.
  194  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).
  195  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  196  
  197         (g) LEVEL 7
  198  
  199  FloridaStatute           FelonyDegree         Description         
  200  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
  201  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  202  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.
  203  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  204  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  205  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  206  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  207  456.065(2)                    3rd     Practicing a health care profession without a license.
  208  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  209  458.327(1)                    3rd     Practicing medicine without a license.
  210  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  211  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  212  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  213  462.17                        3rd     Practicing naturopathy without a license.
  214  463.015(1)                    3rd     Practicing optometry without a license.
  215  464.016(1)                    3rd     Practicing nursing without a license.
  216  465.015(2)                    3rd     Practicing pharmacy without a license.
  217  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  218  467.201                       3rd     Practicing midwifery without a license.
  219  468.366                       3rd     Delivering respiratory care services without a license.
  220  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  221  483.901(9)                    3rd     Practicing medical physics without a license.
  222  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  223  484.053                       3rd     Dispensing hearing aids without a license.
  224  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.
  225  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.
  226  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  227  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  228  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  229  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  230  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  231  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  232  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  233  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  234  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  235  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  236  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  237  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  238  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  239  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  240  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  241  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  242  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  243  784.081(1)                    1st     Aggravated battery on specified official or employee.
  244  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  245  784.083(1)                    1st     Aggravated battery on code inspector.
  246  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
  247  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.
  248  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  249  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  250  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  251  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  252  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  253  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  254  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  255  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.
  256  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
  257  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  258  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  259  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.
  260  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.
  261  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  262  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  263  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  264  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  265  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  266  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.
  267  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  268  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  269  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  270  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  271  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  272  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  273  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  274  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  275  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  276  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  277  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  278  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.
  279  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  280  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  281  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  282  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.
  283  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  284  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  285  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  286  838.015                       2nd     Bribery.                    
  287  838.016                       2nd     Unlawful compensation or reward for official behavior.
  288  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  289  838.22                        2nd     Bid tampering.              
  290  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  291  843.0855(3)                   3rd     Unlawful simulation of legal process.
  292  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  293  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  294  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  295  872.06                        2nd     Abuse of a dead human body. 
  296  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  297  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  298  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.
  299  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.
  300  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).
  301  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  302  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  303  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  304  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  305  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  306  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  307  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  308  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  309  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  310  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  311  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  312  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  313  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  314  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  315  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  316  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  317  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  318  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  319  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  320  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  321  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  322  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  323  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  324  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  325  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  326  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  327  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  328  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  329  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  330  
  331         (h) LEVEL 8
  332  
  333  FloridaStatute            FelonyDegree         Description         
  334  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  335  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  336  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  337  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
  338  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  339  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.
  340  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.
  341  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  342  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  343  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.
  344  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  345  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  346  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  347  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
  348  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
  349  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
  350  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
  351  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.
  352  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  353  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.
  354  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.
  355  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.
  356  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.
  357  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  358  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  359  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  360  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  361  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  362  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  363  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  364  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  365  812.13(2)(b)                   1st     Robbery with a weapon.      
  366  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  367  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  368  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  369  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  370  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.
  371  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  372  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
  373  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  374  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  375  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  376  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  377  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  378  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  379  860.16                         1st     Aircraft piracy.            
  380  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).
  381  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  382  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  383  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  384  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  385  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  386  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
  387  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  388  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  389  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  390  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  391  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  392  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  393  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  394  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  395  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  396  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  397  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  398  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  399  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  400  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.
  401         Section 6. This act shall take effect October 1, 2016.