Florida Senate - 2020                                     SB 560
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00766-20                                            2020560__
    1                        A bill to be entitled                      
    2         An act relating to sentencing; amending s. 921.002,
    3         F.S.; renaming the Criminal Punishment Code as the
    4         Public Safety Code; revising the primary purpose of
    5         sentencing under the Public Safety Code from punishing
    6         an offender to public safety; conforming provisions to
    7         changes made by the act; amending ss. 775.082,
    8         775.087, 782.051, 817.568, 893.13, 893.20, 910.035,
    9         921.0022, 921.0023, 921.0024, 921.0025, 921.0026,
   10         921.0027, 924.06, 924.07, 944.17, 948.01, 948.015,
   11         948.06, 948.20, 948.51, 958.04, and 985.465, F.S.;
   12         conforming provisions to changes made by the act;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 921.002, Florida Statutes, is amended to
   18  read:
   19         921.002 The Public Safety Criminal Punishment Code.—The
   20  Public Safety Code applies Criminal Punishment Code shall apply
   21  to all felony offenses, except capital felonies, committed on or
   22  after October 1, 1998.
   23         (1) The provision of criminal penalties and of limitations
   24  upon the application of such penalties is a matter of
   25  predominantly substantive law and, as such, is a matter properly
   26  addressed by the Legislature. The Legislature, in the exercise
   27  of its authority and responsibility to establish sentencing
   28  criteria, to provide for the imposition of criminal penalties,
   29  and to make the best use of state prisons so that violent
   30  criminal offenders are appropriately incarcerated, has
   31  determined that it is in the best interest of the state to
   32  develop, implement, and revise a sentencing policy. The Public
   33  Safety Criminal Punishment Code embodies the principles that:
   34         (a) Sentencing is neutral with respect to race, gender, and
   35  social and economic status.
   36         (b) The primary purpose of sentencing is public safety to
   37  punish the offender. Rehabilitation is a desired goal of the
   38  criminal justice system but is subordinate to the goal of public
   39  safety punishment.
   40         (c) The penalty imposed is commensurate with the severity
   41  of the primary offense and the circumstances surrounding the
   42  primary offense.
   43         (d) The severity of the sentence increases with the length
   44  and nature of the offender’s prior record.
   45         (e) The sentence imposed by the sentencing judge reflects
   46  the length of actual time to be served, shortened only by the
   47  application of incentive and meritorious gain-time as provided
   48  by law, and may not be shortened if the defendant would
   49  consequently serve less than 85 percent of his or her term of
   50  imprisonment as provided in s. 944.275(4). The provisions of
   51  chapter 947, relating to parole, shall not apply to persons
   52  sentenced under the Public Safety Criminal Punishment Code.
   53         (f) Departures below the lowest permissible sentence
   54  established by the code must be articulated in writing by the
   55  trial court judge and made only when circumstances or factors
   56  reasonably justify the mitigation of the sentence. The level of
   57  proof necessary to establish facts that support a departure from
   58  the lowest permissible sentence is a preponderance of the
   59  evidence.
   60         (g) The trial court judge may impose a sentence up to and
   61  including the statutory maximum for any offense, including an
   62  offense that is before the court due to a violation of probation
   63  or community control.
   64         (h) A sentence may be appealed on the basis that it departs
   65  from the Public Safety Criminal Punishment Code only if the
   66  sentence is below the lowest permissible sentence or as
   67  enumerated in s. 924.06(1).
   68         (i) Use of incarcerative sanctions is prioritized toward
   69  offenders convicted of serious offenses and certain offenders
   70  who have long prior records, in order to maximize the finite
   71  capacities of state and local correctional facilities.
   72         (2) When a defendant is before the court for sentencing for
   73  more than one felony and the felonies were committed under more
   74  than one version or revision of the former sentencing guidelines
   75  or the code, each felony shall be sentenced under the guidelines
   76  or the code in effect at the time the particular felony was
   77  committed. This subsection does not apply to sentencing for any
   78  capital felony.
   79         (3) A court may impose a departure below the lowest
   80  permissible sentence based upon circumstances or factors that
   81  reasonably justify the mitigation of the sentence in accordance
   82  with s. 921.0026. The level of proof necessary to establish
   83  facts supporting the mitigation of a sentence is a preponderance
   84  of the evidence. When multiple reasons exist to support the
   85  mitigation, the mitigation shall be upheld when at least one
   86  circumstance or factor justifies the mitigation regardless of
   87  the presence of other circumstances or factors found not to
   88  justify mitigation. Any sentence imposed below the lowest
   89  permissible sentence must be explained in writing by the trial
   90  court judge.
   91         (4)(a) The Department of Corrections shall report on trends
   92  in sentencing practices and sentencing score thresholds and
   93  provide an analysis on the sentencing factors considered by the
   94  courts and shall submit this information to the Legislature by
   95  October 1 of each year.
   96         (b) The Criminal Justice Estimating Conference, with the
   97  assistance of the Department of Corrections, shall estimate the
   98  impact of any proposed change to the Public Safety Criminal
   99  Punishment Code on future rates of incarceration and on the
  100  prison population. The Criminal Justice Estimating Conference
  101  shall base its projections on historical data concerning
  102  sentencing practices which have been accumulated by the
  103  Department of Corrections and other relevant data from other
  104  state agencies and records of the Department of Corrections
  105  which disclose the average time served for offenses covered by
  106  any proposed changes to the Public Safety Criminal Punishment
  107  Code.
  108         (c) In order to produce projects that are either required
  109  by law or requested by the Legislature to assist the Legislature
  110  in making modifications to the Public Safety Criminal Punishment
  111  Code, the Department of Corrections is authorized to collect and
  112  evaluate Public Safety Criminal Punishment Code scoresheets from
  113  each of the judicial circuits after sentencing. Beginning in
  114  1999, by October 1 of each year, the Department of Corrections
  115  shall provide an annual report to the Legislature that shows the
  116  rate of compliance of each judicial circuit in providing
  117  scoresheets to the department.
  118         Section 2. Paragraphs (d) and (e) of subsection (8) of
  119  section 775.082, Florida Statutes, are amended to read:
  120         775.082 Penalties; applicability of sentencing structures;
  121  mandatory minimum sentences for certain reoffenders previously
  122  released from prison.—
  123         (8)
  124         (d) The Public Safety Criminal Punishment Code applies to
  125  all felonies, except capital felonies, committed on or after
  126  October 1, 1998. Any revision to the Public Safety Criminal
  127  Punishment Code applies to sentencing for all felonies, except
  128  capital felonies, committed on or after the effective date of
  129  the revision.
  130         (e) Felonies, except capital felonies, with continuing
  131  dates of enterprise shall be sentenced under the sentencing
  132  guidelines or the Public Safety Criminal Punishment Code in
  133  effect on the beginning date of the criminal activity.
  134         Section 3. Paragraph (c) of subsection (2) and paragraph
  135  (c) of subsection (3) of section 775.087, Florida Statutes, are
  136  amended to read:
  137         775.087 Possession or use of weapon; aggravated battery;
  138  felony reclassification; minimum sentence.—
  139         (2)
  140         (c) If the minimum mandatory terms of imprisonment imposed
  141  pursuant to this section exceed the maximum sentences authorized
  142  by s. 775.082, s. 775.084, or the Public Safety Criminal
  143  Punishment Code under chapter 921, then the mandatory minimum
  144  sentence must be imposed. If the mandatory minimum terms of
  145  imprisonment pursuant to this section are less than the
  146  sentences that could be imposed as authorized by s. 775.082, s.
  147  775.084, or the Public Safety Criminal Punishment Code under
  148  chapter 921, then the sentence imposed by the court must include
  149  the mandatory minimum term of imprisonment as required in this
  150  section.
  151         (3)
  152         (c) If the minimum mandatory terms of imprisonment imposed
  153  pursuant to this section exceed the maximum sentences authorized
  154  by s. 775.082, s. 775.084, or the Public Safety Criminal
  155  Punishment Code under chapter 921, then the mandatory minimum
  156  sentence must be imposed. If the mandatory minimum terms of
  157  imprisonment pursuant to this section are less than the
  158  sentences that could be imposed as authorized by s. 775.082, s.
  159  775.084, or the Public Safety Criminal Punishment Code under
  160  chapter 921, then the sentence imposed by the court must include
  161  the mandatory minimum term of imprisonment as required in this
  162  section.
  163         Section 4. Section 782.051, Florida Statutes, is amended to
  164  read:
  165         782.051 Attempted felony murder.—
  166         (1) Any person who perpetrates or attempts to perpetrate
  167  any felony enumerated in s. 782.04(3) and who commits, aids, or
  168  abets an intentional act that is not an essential element of the
  169  felony and that could, but does not, cause the death of another
  170  commits a felony of the first degree, punishable by imprisonment
  171  for a term of years not exceeding life, or as provided in s.
  172  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  173  in level 9 of the Public Safety Criminal Punishment Code. Victim
  174  injury points shall be scored under this subsection.
  175         (2) Any person who perpetrates or attempts to perpetrate
  176  any felony other than a felony enumerated in s. 782.04(3) and
  177  who commits, aids, or abets an intentional act that is not an
  178  essential element of the felony and that could, but does not,
  179  cause the death of another commits a felony of the first degree,
  180  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  181  which is an offense ranked in level 8 of the Public Safety
  182  Criminal Punishment Code. Victim injury points shall be scored
  183  under this subsection.
  184         (3) When a person is injured during the perpetration of or
  185  the attempt to perpetrate any felony enumerated in s. 782.04(3)
  186  by a person other than the person engaged in the perpetration of
  187  or the attempt to perpetrate such felony, the person
  188  perpetrating or attempting to perpetrate such felony commits a
  189  felony of the second degree, punishable as provided in s.
  190  775.082, s. 775.083, or s. 775.084, which is an offense ranked
  191  in level 7 of the Public Safety Criminal Punishment Code. Victim
  192  injury points shall be scored under this subsection.
  193         Section 5. Subsection (3) of section 817.568, Florida
  194  Statutes, is amended to read:
  195         817.568 Criminal use of personal identification
  196  information.—
  197         (3) Neither paragraph (2)(b) nor paragraph (2)(c) prevents
  198  a court from imposing a greater sentence of incarceration as
  199  authorized by law. If the minimum mandatory terms of
  200  imprisonment imposed under paragraph (2)(b) or paragraph (2)(c)
  201  exceed the maximum sentences authorized under s. 775.082, s.
  202  775.084, or the Public Safety Criminal Punishment Code under
  203  chapter 921, the mandatory minimum sentence must be imposed. If
  204  the mandatory minimum terms of imprisonment under paragraph
  205  (2)(b) or paragraph (2)(c) are less than the sentence that could
  206  be imposed under s. 775.082, s. 775.084, or the Public Safety
  207  Criminal Punishment Code under chapter 921, the sentence imposed
  208  by the court must include the mandatory minimum term of
  209  imprisonment as required by paragraph (2)(b) or paragraph
  210  (2)(c).
  211         Section 6. Paragraph (d) of subsection (8) of section
  212  893.13, Florida Statutes, is amended to read:
  213         893.13 Prohibited acts; penalties.—
  214         (8)
  215         (d) Notwithstanding paragraph (c), if a prescribing
  216  practitioner has violated paragraph (a) and received $1,000 or
  217  more in payment for writing one or more prescriptions or, in the
  218  case of a prescription written for a controlled substance
  219  described in s. 893.135, has written one or more prescriptions
  220  for a quantity of a controlled substance which, individually or
  221  in the aggregate, meets the threshold for the offense of
  222  trafficking in a controlled substance under s. 893.135, the
  223  violation is reclassified as a felony of the second degree and
  224  ranked in level 4 of the Public Safety Criminal Punishment Code.
  225         Section 7. Subsection (2) of section 893.20, Florida
  226  Statutes, is amended to read:
  227         893.20 Continuing criminal enterprise.—
  228         (2) A person who commits the offense of engaging in a
  229  continuing criminal enterprise commits is guilty of a life
  230  felony, punishable pursuant to the Public Safety Criminal
  231  Punishment Code and by a fine of $500,000.
  232         Section 8. Paragraph (f) of subsection (5) of section
  233  910.035, Florida Statutes, is amended to read:
  234         910.035 Transfer from county for plea, sentence, or
  235  participation in a problem-solving court.—
  236         (5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.—
  237         (f) Upon successful completion of the problem-solving court
  238  program, the jurisdiction to which the case has been transferred
  239  shall dispose of the case. If the defendant does not complete
  240  the problem-solving court program successfully, the jurisdiction
  241  to which the case has been transferred shall dispose of the case
  242  within the guidelines of the Public Safety Criminal Punishment
  243  Code.
  244         Section 9. Section 921.0022, Florida Statutes, is amended
  245  to read:
  246         921.0022 Public Safety Criminal Punishment Code; offense
  247  severity ranking chart.—
  248         (1) The offense severity ranking chart must be used with
  249  the Public Safety Criminal Punishment Code worksheet to compute
  250  a sentence score for each felony offender whose offense was
  251  committed on or after October 1, 1998.
  252         (2) The offense severity ranking chart has 10 offense
  253  levels, ranked from least severe, which are level 1 offenses, to
  254  most severe, which are level 10 offenses, and each felony
  255  offense is assigned to a level according to the severity of the
  256  offense. For purposes of determining which felony offenses are
  257  specifically listed in the offense severity ranking chart and
  258  which severity level has been assigned to each of these
  259  offenses, the numerical statutory references in the left column
  260  of the chart and the felony degree designations in the middle
  261  column of the chart are controlling; the language in the right
  262  column of the chart is provided solely for descriptive purposes.
  263  Reclassification of the degree of the felony through the
  264  application of s. 775.0845, s. 775.085, s. 775.0861, s.
  265  775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
  266  any other law that provides an enhanced penalty for a felony
  267  offense, to any offense listed in the offense severity ranking
  268  chart in this section shall not cause the offense to become
  269  unlisted and is not subject to the provisions of s. 921.0023.
  270         (3) OFFENSE SEVERITY RANKING CHART
  271         (a) LEVEL 1
  272  
  273  FloridaStatute          FelonyDegree          Description          
  274  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  275  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  276  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
  277  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  278  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  279  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  280  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  281  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  282  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  283  322.212(5)(a)               3rd     False application for driver license or identification card.
  284  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  285  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  286  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
  287  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  288  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
  289  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  290  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  291  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  292  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  293  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  294  826.01                      3rd     Bigamy.                        
  295  828.122(3)                  3rd     Fighting or baiting animals.   
  296  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  297  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  298  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  299  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  300  838.15(2)                   3rd     Commercial bribe receiving.    
  301  838.16                      3rd     Commercial bribery.            
  302  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  303  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  304  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  305  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  306  849.25(2)                   3rd     Engaging in bookmaking.        
  307  860.08                      3rd     Interfere with a railroad signal.
  308  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  309  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  310  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  311  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  312         (b) LEVEL 2
  313  
  314  FloridaStatute             FelonyDegree        Description        
  315  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  316  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  317  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  318  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  319  590.28(1)                      3rd     Intentional burning of lands.
  320  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  321  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  322  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  323  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  324  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  325  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 or more but less than $5,000.
  326  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
  327  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  328  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  329  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  330  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  331  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  332  817.60(5)                      3rd     Dealing in credit cards of another.
  333  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  334  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  335  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  336  831.01                         3rd     Forgery.                   
  337  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  338  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  339  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  340  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  341  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  342  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  343  843.08                         3rd     False personation.         
  344  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
  345  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  346         (c) LEVEL 3
  347  
  348  FloridaStatute           FelonyDegree         Description          
  349  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  350  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  351  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  352  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  353  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  354  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  355  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  356  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  357  327.35(2)(b)                 3rd     Felony BUI.                   
  358  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  359  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  360  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  361  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  362  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  363  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  364  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  365  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  366  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  367  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  368  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  369  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  370  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  371  697.08                       3rd     Equity skimming.              
  372  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  373  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  374  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  375  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  376  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  377  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  378  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
  379  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  380  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  381  817.233                      3rd     Burning to defraud insurer.   
  382  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  383  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  384  817.236                      3rd     Filing a false motor vehicle insurance application.
  385  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  386  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
  387  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  388  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  389  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  390  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
  391  860.15(3)                    3rd     Overcharging for repairs and parts.
  392  870.01(2)                    3rd     Riot; inciting or encouraging.
  393  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  394  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  395  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  396  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  397  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  398  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  399  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  400  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  401  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  402  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  403  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  404  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  405  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  406  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  407  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  408  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  409  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  410         (d) LEVEL 4
  411  
  412  FloridaStatute             FelonyDegree        Description        
  413  316.1935(3)(a)                 2nd     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.
  414  499.0051(1)                    3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  415  499.0051(5)                    2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  416  517.07(1)                      3rd     Failure to register securities.
  417  517.12(1)                      3rd     Failure of dealer, associated person, or issuer of securities to register.
  418  784.07(2)(b)                   3rd     Battery of law enforcement officer, firefighter, etc.
  419  784.074(1)(c)                  3rd     Battery of sexually violent predators facility staff.
  420  784.075                        3rd     Battery on detention or commitment facility staff.
  421  784.078                        3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  422  784.08(2)(c)                   3rd     Battery on a person 65 years of age or older.
  423  784.081(3)                     3rd     Battery on specified official or employee.
  424  784.082(3)                     3rd     Battery by detained person on visitor or other detainee.
  425  784.083(3)                     3rd     Battery on code inspector. 
  426  784.085                        3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  427  787.03(1)                      3rd     Interference with custody; wrongly takes minor from appointed guardian.
  428  787.04(2)                      3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  429  787.04(3)                      3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  430  787.07                         3rd     Human smuggling.           
  431  790.115(1)                     3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  432  790.115(2)(b)                  3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  433  790.115(2)(c)                  3rd     Possessing firearm on school property.
  434  800.04(7)(c)                   3rd     Lewd or lascivious exhibition; offender less than 18 years.
  435  810.02(4)(a)                   3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  436  810.02(4)(b)                   3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  437  810.06                         3rd     Burglary; possession of tools.
  438  810.08(2)(c)                   3rd     Trespass on property, armed with firearm or dangerous weapon.
  439  812.014(2)(c)3.                3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  440  812.014 (2)(c)4.-10.           3rd     Grand theft, 3rd degree; specified items.
  441  812.0195(2)                    3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  442  817.505(4)(a)                  3rd     Patient brokering.         
  443  817.563(1)                     3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  444  817.568(2)(a)                  3rd     Fraudulent use of personal identification information.
  445  817.625(2)(a)                  3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  446  817.625(2)(c)                  3rd     Possess, sell, or deliver skimming device.
  447  828.125(1)                     2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  448  837.02(1)                      3rd     Perjury in official proceedings.
  449  837.021(1)                     3rd     Make contradictory statements in official proceedings.
  450  838.022                        3rd     Official misconduct.       
  451  839.13(2)(a)                   3rd     Falsifying records of an individual in the care and custody of a state agency.
  452  839.13(2)(c)                   3rd     Falsifying records of the Department of Children and Families.
  453  843.021                        3rd     Possession of a concealed handcuff key by a person in custody.
  454  843.025                        3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  455  843.15(1)(a)                   3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  456  847.0135(5)(c)                 3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  457  874.05(1)(a)                   3rd     Encouraging or recruiting another to join a criminal gang.
  458  893.13(2)(a)1.                 2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
  459  914.14(2)                      3rd     Witnesses accepting bribes.
  460  914.22(1)                      3rd     Force, threaten, etc., witness, victim, or informant.
  461  914.23(2)                      3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  462  918.12                         3rd     Tampering with jurors.     
  463  934.215                        3rd     Use of two-way communications device to facilitate commission of a crime.
  464  944.47(1)(a)6.                 3rd     Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  465  951.22(1)(h), (j) & (k)        3rd     Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
  466         (e) LEVEL 5
  467  
  468  FloridaStatute             FelonyDegree        Description        
  469  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  470  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  471  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  472  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  473  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  474  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  475  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  476  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  477  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  478  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  479  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  480  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  481  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  482  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  483  790.01(2)                      3rd     Carrying a concealed firearm.
  484  790.162                        2nd     Threat to throw or discharge destructive device.
  485  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  486  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  487  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  488  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  489  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  490  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  491  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  492  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  493  812.015(8)(a) & (c)-(e)        3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  494  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  495  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  496  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  497  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  498  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  499  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.
  500  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.
  501  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  502  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  503  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  504  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  505  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  506  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  507  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.
  508  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  509  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  510  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  511  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  512  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  513  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  514  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)5. drugs).
  515  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
  516  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)5. drugs) within 1,000 feet of university.
  517  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  518  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)5. drugs) within 1,000 feet of public housing facility.
  519  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  520  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  521         (f) LEVEL 6
  522  
  523  FloridaStatute              FelonyDegree        Description        
  524  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  525  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  526  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  527  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  528  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  529  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  530  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  531  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  532  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  533  784.041                          3rd     Felony battery; domestic battery by strangulation.
  534  784.048(3)                       3rd     Aggravated stalking; credible threat.
  535  784.048(5)                       3rd     Aggravated stalking of person under 16.
  536  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  537  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  538  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  539  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  540  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  541  784.083(2)                       2nd     Aggravated assault on code inspector.
  542  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  543  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  544  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  545  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  546  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  547  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  548  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  549  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  550  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  551  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  552  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  553  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  554  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  555  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  556  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  557  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  558  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  559  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  560  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  561  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  562  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  563  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  564  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  565  827.03(2)(c)                     3rd     Abuse of a child.         
  566  827.03(2)(d)                     3rd     Neglect of a child.       
  567  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  568  836.05                           2nd     Threats; extortion.       
  569  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  570  843.12                           3rd     Aids or assists person to escape.
  571  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  572  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  573  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  574  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  575  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  576  944.40                           2nd     Escapes.                  
  577  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  578  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  579  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
  580         (g) LEVEL 7
  581  
  582  FloridaStatute           FelonyDegree         Description         
  583  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
  584  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  585  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.
  586  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  587  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  588  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  589  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  590  456.065(2)                    3rd     Practicing a health care profession without a license.
  591  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  592  458.327(1)                    3rd     Practicing medicine without a license.
  593  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  594  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  595  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  596  462.17                        3rd     Practicing naturopathy without a license.
  597  463.015(1)                    3rd     Practicing optometry without a license.
  598  464.016(1)                    3rd     Practicing nursing without a license.
  599  465.015(2)                    3rd     Practicing pharmacy without a license.
  600  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  601  467.201                       3rd     Practicing midwifery without a license.
  602  468.366                       3rd     Delivering respiratory care services without a license.
  603  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  604  483.901(7)                    3rd     Practicing medical physics without a license.
  605  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  606  484.053                       3rd     Dispensing hearing aids without a license.
  607  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.
  608  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.
  609  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  610  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  611  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  612  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  613  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  614  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  615  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  616  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  617  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  618  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  619  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  620  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  621  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  622  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  623  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  624  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  625  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  626  784.081(1)                    1st     Aggravated battery on specified official or employee.
  627  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  628  784.083(1)                    1st     Aggravated battery on code inspector.
  629  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
  630  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.
  631  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  632  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  633  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  634  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  635  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  636  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  637  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  638  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.
  639  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
  640  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  641  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  642  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.
  643  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.
  644  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  645  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  646  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  647  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  648  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  649  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.
  650  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  651  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  652  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  653  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  654  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  655  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  656  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  657  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  658  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  659  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  660  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  661  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.
  662  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  663  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  664  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  665  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.
  666  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  667  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  668  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  669  838.015                       2nd     Bribery.                    
  670  838.016                       2nd     Unlawful compensation or reward for official behavior.
  671  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  672  838.22                        2nd     Bid tampering.              
  673  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  674  843.0855(3)                   3rd     Unlawful simulation of legal process.
  675  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  676  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  677  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  678  872.06                        2nd     Abuse of a dead human body. 
  679  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  680  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  681  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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  682  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)5., within 1,000 feet of property used for religious services or a specified business site.
  683  893.13(4)(a)                  1st     Use or hire of minor; deliver to minor other controlled substance.
  684  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  685  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  686  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  687  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  688  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
  689  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  690  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  691  893.135 (1)(c)4.b.(I)         1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
  692  893.135 (1)(d)1.a.            1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
  693  893.135(1)(e)1.               1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
  694  893.135(1)(f)1.               1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
  695  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  696  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  697  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  698  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  699  893.135 (1)(m)2.a.            1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
  700  893.135 (1)(m)2.b.            1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
  701  893.135 (1)(n)2.a.            1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
  702  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  703  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  704  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  705  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  706  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  707  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  708  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  709  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  710  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  711  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  712  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  713  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  714  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  715  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  716  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  717         (h) LEVEL 8
  718  
  719  FloridaStatute            FelonyDegree         Description         
  720  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  721  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  722  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  723  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
  724  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  725  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.
  726  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.
  727  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  728  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  729  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.
  730  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  731  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  732  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  733  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
  734  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
  735  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
  736  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.
  737  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.
  738  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  739  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.
  740  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.
  741  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.
  742  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.
  743  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  744  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  745  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  746  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  747  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  748  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  749  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  750  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  751  812.13(2)(b)                   1st     Robbery with a weapon.      
  752  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  753  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
  754  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  755  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  756  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  757  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.
  758  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  759  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
  760  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  761  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  762  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  763  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  764  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  765  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  766  860.16                         1st     Aircraft piracy.            
  767  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).
  768  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  769  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  770  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  771  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  772  893.135(1)(c)1.b.              1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  773  893.135 (1)(c)2.c.             1st     Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
  774  893.135 (1)(c)3.c.             1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  775  893.135 (1)(c)4.b.(II)         1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
  776  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
  777  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
  778  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
  779  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  780  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  781  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  782  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  783  893.135 (1)(m)2.c.             1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
  784  893.135 (1)(n)2.b.             1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
  785  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  786  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  787  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  788  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  789  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  790  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.
  791         (i) LEVEL 9
  792  
  793  FloridaStatute            FelonyDegree         Description         
  794  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
  795  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
  796  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
  797  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  798  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  799  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  800  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  801  775.0844                       1st     Aggravated white collar crime.
  802  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
  803  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.
  804  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  805  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
  806  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  807  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  808  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  809  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.
  810  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
  811  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  812  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.
  813  790.161                        1st     Attempted capital destructive device offense.
  814  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  815  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
  816  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  817  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.
  818  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  819  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  820  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  821  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.
  822  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
  823  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  824  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
  825  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
  826  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
  827  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  828  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  829  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.
  830  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.
  831  827.03(2)(a)                   1st     Aggravated child abuse.     
  832  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
  833  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  834  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.
  835  893.135                        1st     Attempted capital trafficking offense.
  836  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
  837  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  838  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  839  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
  840  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  841  893.135 (1)(c)4.b.(III)        1st     Trafficking in fentanyl, 28 grams or more.
  842  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, 400 grams or more.
  843  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, 25 kilograms or more.
  844  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, 200 grams or more.
  845  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  846  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  847  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
  848  893.135 (1)(m)2.d.             1st     Trafficking in synthetic cannabinoids, 30 kilograms or more.
  849  893.135 (1)(n)2.c.             1st     Trafficking in n-benzyl phenethylamines, 200 grams or more.
  850  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
  851  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  852         (j) LEVEL 10
  853  
  854  FloridaStatute             FelonyDegree         Description        
  855  499.0051(9)                    1st      Knowing sale or purchase of contraband prescription drugs resulting in death.
  856  782.04(2)                    1st,PBL    Unlawful killing of human; act is homicide, unpremeditated.
  857  782.07(3)                      1st      Aggravated manslaughter of a child.
  858  787.01(1)(a)3.               1st,PBL    Kidnapping; inflict bodily harm upon or terrorize victim.
  859  787.01(3)(a)                   Life     Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  860  787.06(3)(g)                   Life     Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
  861  787.06(4)(a)                   Life     Selling or buying of minors into human trafficking.
  862  794.011(3)                     Life     Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
  863  812.135(2)(a)                1st,PBL    Home-invasion robbery with firearm or other deadly weapon.
  864  876.32                         1st      Treason against the state. 
  865         Section 10. Section 921.0023, Florida Statutes, is amended
  866  to read:
  867         921.0023 Public Safety Criminal Punishment Code; ranking
  868  unlisted felony offenses.—A felony offense committed on or after
  869  October 1, 1998, that is not listed in s. 921.0022 is ranked
  870  with respect to offense severity level by the Legislature,
  871  commensurate with the harm or potential harm that is caused by
  872  the offense to the community. Until the Legislature specifically
  873  assigns an offense to a severity level in the offense severity
  874  ranking chart, the severity level is within the following
  875  parameters:
  876         (1) A felony of the third degree within offense level 1.
  877         (2) A felony of the second degree within offense level 4.
  878         (3) A felony of the first degree within offense level 7.
  879         (4) A felony of the first degree punishable by life within
  880  offense level 9.
  881         (5) A life felony within offense level 10.
  882         Section 11. Section 921.0024, Florida Statutes, is amended
  883  to read:
  884         921.0024 Public Safety Criminal Punishment Code; worksheet
  885  computations; scoresheets.—
  886         (1)(a) The Public Safety Criminal Punishment Code worksheet
  887  is used to compute the subtotal and total sentence points as
  888  follows:
  889  
  890           FLORIDA PUBLIC SAFETY CRIMINAL PUNISHMENT CODE          
  891                              WORKSHEET                            
  892  
  893                            OFFENSE SCORE                          
  894  
  895                            Primary Offense                          
  896  Level               Sentence Points                            Total
  897  10                        116            =                  ........
  898  9                         92             =                  ........
  899  8                         74             =                  ........
  900  7                         56             =                  ........
  901  6                         36             =                  ........
  902  5                         28             =                  ........
  903  4                         22             =                  ........
  904  3                         16             =                  ........
  905  2                         10             =                  ........
  906  1                          4             =                  ........
  907  
  908                                                             Total   
  909  
  910                          Additional Offenses                        
  911  Level        Sentence Points           Counts                Total
  912  10                  58          x       ....       =          ....
  913  9                   46          x       ....       =          ....
  914  8                   37          x       ....       =          ....
  915  7                   28          x       ....       =          ....
  916  6                   18          x       ....       =          ....
  917  5                  5.4          x       ....       =          ....
  918  4                  3.6          x       ....       =          ....
  919  3                  2.4          x       ....       =          ....
  920  2                  1.2          x       ....       =          ....
  921  1                  0.7          x       ....       =          ....
  922  M                  0.2          x       ....       =          ....
  923  
  924                                                             Total   
  925  
  926                             Victim Injury                           
  927  Level               Sentence Points       Number             Total
  928  2nd degreemurder-death      240       x      ....     =         ....
  929  Death                     120       x      ....     =         ....
  930  Severe                    40        x      ....     =         ....
  931  Moderate                  18        x      ....     =         ....
  932  Slight                     4        x      ....     =         ....
  933  Sexual penetration        80        x      ....     =         ....
  934  Sexual contact            40        x      ....     =         ....
  935  
  936                                                             Total   
  937  Primary Offense + Additional Offenses + Victim Injury =
  938                         TOTAL OFFENSE SCORE                       
  939  
  940                         PRIOR RECORD SCORE                        
  941  
  942                             Prior Record                            
  943  Level        Sentence Points           Number                Total
  944  10                  29          x       ....       =          ....
  945  9                   23          x       ....       =          ....
  946  8                   19          x       ....       =          ....
  947  7                   14          x       ....       =          ....
  948  6                   9           x       ....       =          ....
  949  5                  3.6          x       ....       =          ....
  950  4                  2.4          x       ....       =          ....
  951  3                  1.6          x       ....       =          ....
  952  2                  0.8          x       ....       =          ....
  953  1                  0.5          x       ....       =          ....
  954  M                  0.2          x       ....       =          ....
  955  
  956                                                             Total   
  957    TOTAL OFFENSE SCORE...........................................
  958    TOTAL PRIOR RECORD SCORE......................................
  959  
  960    LEGAL STATUS..................................................
  961    COMMUNITY SANCTION VIOLATION..................................
  962    PRIOR SERIOUS FELONY..........................................
  963    PRIOR CAPITAL FELONY..........................................
  964    FIREARM OR SEMIAUTOMATIC WEAPON...............................
  965                                                  SUBTOTAL........
  966  
  967    PRISON RELEASEE REOFFENDER (no)(yes)..........................
  968    VIOLENT CAREER CRIMINAL (no)(yes).............................
  969    HABITUAL VIOLENT OFFENDER (no)(yes)...........................
  970    HABITUAL OFFENDER (no)(yes)...................................
  971    DRUG TRAFFICKER (no)(yes) (x multiplier)......................
  972    LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
  973    MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
  974    CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
  975    DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
  976  (x multiplier)..................................................
  977    ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
  978  ................................................................
  979                                     TOTAL SENTENCE POINTS........
  980  
  981         (b) WORKSHEET KEY:
  982  
  983  Legal status points are assessed when any form of legal status
  984  existed at the time the offender committed an offense before the
  985  court for sentencing. Four (4) sentence points are assessed for
  986  an offender’s legal status.
  987  
  988  Community sanction violation points are assessed when a
  989  community sanction violation is before the court for sentencing.
  990  Six (6) sentence points are assessed for each community sanction
  991  violation and each successive community sanction violation,
  992  unless any of the following apply:
  993         1. If the community sanction violation includes a new
  994  felony conviction before the sentencing court, twelve (12)
  995  community sanction violation points are assessed for the
  996  violation, and for each successive community sanction violation
  997  involving a new felony conviction.
  998         2. If the community sanction violation is committed by a
  999  violent felony offender of special concern as defined in s.
 1000  948.06:
 1001         a. Twelve (12) community sanction violation points are
 1002  assessed for the violation and for each successive violation of
 1003  felony probation or community control where:
 1004         I. The violation does not include a new felony conviction;
 1005  and
 1006         II. The community sanction violation is not based solely on
 1007  the probationer or offender’s failure to pay costs or fines or
 1008  make restitution payments.
 1009         b. Twenty-four (24) community sanction violation points are
 1010  assessed for the violation and for each successive violation of
 1011  felony probation or community control where the violation
 1012  includes a new felony conviction.
 1013  
 1014  Multiple counts of community sanction violations before the
 1015  sentencing court shall not be a basis for multiplying the
 1016  assessment of community sanction violation points.
 1017  
 1018  Prior serious felony points: If the offender has a primary
 1019  offense or any additional offense ranked in level 8, level 9, or
 1020  level 10, and one or more prior serious felonies, a single
 1021  assessment of thirty (30) points shall be added. For purposes of
 1022  this section, a prior serious felony is an offense in the
 1023  offender’s prior record that is ranked in level 8, level 9, or
 1024  level 10 under s. 921.0022 or s. 921.0023 and for which the
 1025  offender is serving a sentence of confinement, supervision, or
 1026  other sanction or for which the offender’s date of release from
 1027  confinement, supervision, or other sanction, whichever is later,
 1028  is within 3 years before the date the primary offense or any
 1029  additional offense was committed.
 1030  
 1031  Prior capital felony points: If the offender has one or more
 1032  prior capital felonies in the offender’s criminal record, points
 1033  shall be added to the subtotal sentence points of the offender
 1034  equal to twice the number of points the offender receives for
 1035  the primary offense and any additional offense. A prior capital
 1036  felony in the offender’s criminal record is a previous capital
 1037  felony offense for which the offender has entered a plea of nolo
 1038  contendere or guilty or has been found guilty; or a felony in
 1039  another jurisdiction which is a capital felony in that
 1040  jurisdiction, or would be a capital felony if the offense were
 1041  committed in this state.
 1042  
 1043  Possession of a firearm, semiautomatic firearm, or machine gun:
 1044  If the offender is convicted of committing or attempting to
 1045  commit any felony other than those enumerated in s. 775.087(2)
 1046  while having in his or her possession: a firearm as defined in
 1047  s. 790.001(6), an additional eighteen (18) sentence points are
 1048  assessed; or if the offender is convicted of committing or
 1049  attempting to commit any felony other than those enumerated in
 1050  s. 775.087(3) while having in his or her possession a
 1051  semiautomatic firearm as defined in s. 775.087(3) or a machine
 1052  gun as defined in s. 790.001(9), an additional twenty-five (25)
 1053  sentence points are assessed.
 1054  
 1055  Sentencing multipliers:
 1056  
 1057  Drug trafficking: If the primary offense is drug trafficking
 1058  under s. 893.135, the subtotal sentence points are multiplied,
 1059  at the discretion of the court, for a level 7 or level 8
 1060  offense, by 1.5. The state attorney may move the sentencing
 1061  court to reduce or suspend the sentence of a person convicted of
 1062  a level 7 or level 8 offense, if the offender provides
 1063  substantial assistance as described in s. 893.135(4).
 1064  
 1065  Law enforcement protection: If the primary offense is a
 1066  violation of the Law Enforcement Protection Act under s.
 1067  775.0823(2), (3), or (4), the subtotal sentence points are
 1068  multiplied by 2.5. If the primary offense is a violation of s.
 1069  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 1070  are multiplied by 2.0. If the primary offense is a violation of
 1071  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 1072  Protection Act under s. 775.0823(10) or (11), the subtotal
 1073  sentence points are multiplied by 1.5.
 1074  
 1075  Grand theft of a motor vehicle: If the primary offense is grand
 1076  theft of the third degree involving a motor vehicle and in the
 1077  offender’s prior record, there are three or more grand thefts of
 1078  the third degree involving a motor vehicle, the subtotal
 1079  sentence points are multiplied by 1.5.
 1080  
 1081  Offense related to a criminal gang: If the offender is convicted
 1082  of the primary offense and committed that offense for the
 1083  purpose of benefiting, promoting, or furthering the interests of
 1084  a criminal gang as defined in s. 874.03, the subtotal sentence
 1085  points are multiplied by 1.5. If applying the multiplier results
 1086  in the lowest permissible sentence exceeding the statutory
 1087  maximum sentence for the primary offense under chapter 775, the
 1088  court may not apply the multiplier and must sentence the
 1089  defendant to the statutory maximum sentence.
 1090  
 1091  Domestic violence in the presence of a child: If the offender is
 1092  convicted of the primary offense and the primary offense is a
 1093  crime of domestic violence, as defined in s. 741.28, which was
 1094  committed in the presence of a child under 16 years of age who
 1095  is a family or household member as defined in s. 741.28(3) with
 1096  the victim or perpetrator, the subtotal sentence points are
 1097  multiplied by 1.5.
 1098  
 1099  Adult-on-minor sex offense: If the offender was 18 years of age
 1100  or older and the victim was younger than 18 years of age at the
 1101  time the offender committed the primary offense, and if the
 1102  primary offense was an offense committed on or after October 1,
 1103  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 1104  violation involved a victim who was a minor and, in the course
 1105  of committing that violation, the defendant committed a sexual
 1106  battery under chapter 794 or a lewd act under s. 800.04 or s.
 1107  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 1108  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 1109  800.04; or s. 847.0135(5), the subtotal sentence points are
 1110  multiplied by 2.0. If applying the multiplier results in the
 1111  lowest permissible sentence exceeding the statutory maximum
 1112  sentence for the primary offense under chapter 775, the court
 1113  may not apply the multiplier and must sentence the defendant to
 1114  the statutory maximum sentence.
 1115         (2) The lowest permissible sentence is the minimum sentence
 1116  that may be imposed by the trial court, absent a valid reason
 1117  for departure. The lowest permissible sentence is any nonstate
 1118  prison sanction in which the total sentence points equals or is
 1119  less than 44 points, unless the court determines within its
 1120  discretion that a prison sentence, which may be up to the
 1121  statutory maximums for the offenses committed, is appropriate.
 1122  When the total sentence points exceeds 44 points, the lowest
 1123  permissible sentence in prison months shall be calculated by
 1124  subtracting 28 points from the total sentence points and
 1125  decreasing the remaining total by 25 percent. The total sentence
 1126  points shall be calculated only as a means of determining the
 1127  lowest permissible sentence. The permissible range for
 1128  sentencing shall be the lowest permissible sentence up to and
 1129  including the statutory maximum, as defined in s. 775.082, for
 1130  the primary offense and any additional offenses before the court
 1131  for sentencing. The sentencing court may impose such sentences
 1132  concurrently or consecutively. However, any sentence to state
 1133  prison must exceed 1 year. If the lowest permissible sentence
 1134  under the code exceeds the statutory maximum sentence as
 1135  provided in s. 775.082, the sentence required by the code must
 1136  be imposed. If the total sentence points are greater than or
 1137  equal to 363, the court may sentence the offender to life
 1138  imprisonment. An offender sentenced to life imprisonment under
 1139  this section is not eligible for any form of discretionary early
 1140  release, except executive clemency or conditional medical
 1141  release under s. 947.149.
 1142         (3) A single digitized scoresheet shall be prepared for
 1143  each defendant to determine the permissible range for the
 1144  sentence that the court may impose, except that if the defendant
 1145  is before the court for sentencing for more than one felony and
 1146  the felonies were committed under more than one version or
 1147  revision of the guidelines or the code, separate digitized
 1148  scoresheets must be prepared. The scoresheet or scoresheets must
 1149  cover all the defendant’s offenses pending before the court for
 1150  sentencing. The state attorney shall prepare the digitized
 1151  scoresheet or scoresheets, which must be presented to the
 1152  defense counsel for review for accuracy in all cases unless the
 1153  judge directs otherwise. The defendant’s scoresheet or
 1154  scoresheets must be approved and signed by the sentencing judge.
 1155         (4) The Department of Corrections, in consultation with the
 1156  Office of the State Courts Administrator, state attorneys, and
 1157  public defenders, must develop and submit the revised digitized
 1158  Public Safety Criminal Punishment Code scoresheet to the Supreme
 1159  Court for approval by June 15 of each year, as necessary. The
 1160  digitized scoresheet shall have individual, structured data
 1161  cells for each data field on the scoresheet. Upon the Supreme
 1162  Court’s approval of the revised digitized scoresheet, the
 1163  Department of Corrections shall produce and provide the revised
 1164  digitized scoresheets by September 30 of each year, as
 1165  necessary. Digitized scoresheets must include individual data
 1166  cells to indicate whether any prison sentence imposed includes a
 1167  mandatory minimum sentence or the sentence imposed was a
 1168  downward departure from the lowest permissible sentence under
 1169  the Public Safety Criminal Punishment Code.
 1170         (5) The Department of Corrections shall make available the
 1171  digitized Public Safety Criminal Punishment Code scoresheets to
 1172  those persons charged with the responsibility for preparing
 1173  scoresheets.
 1174         (6) The clerk of the circuit court shall transmit a
 1175  complete and accurate digitized copy of the Public Safety
 1176  Criminal Punishment Code scoresheet used in each sentencing
 1177  proceeding to the Department of Corrections. Scoresheets must be
 1178  electronically transmitted no less frequently than monthly, by
 1179  the first of each month, and may be sent collectively.
 1180         (7) A digitized sentencing scoresheet must be prepared for
 1181  every defendant who is sentenced for a felony offense. The
 1182  individual offender’s digitized Public Safety Criminal
 1183  Punishment Code scoresheet and any attachments thereto prepared
 1184  pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules
 1185  of Criminal Procedure, or any other rule pertaining to the
 1186  preparation and submission of felony sentencing scoresheets,
 1187  must be included with the uniform judgment and sentence form
 1188  provided to the Department of Corrections.
 1189         Section 12. Section 921.0025, Florida Statutes, is amended
 1190  to read:
 1191         921.0025 Adoption and implementation of revised sentencing
 1192  scoresheets.—Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules
 1193  of Criminal Procedure, as revised by the Supreme Court, and any
 1194  other rule pertaining to the preparation and submission of
 1195  felony sentencing scoresheets, are adopted and implemented in
 1196  accordance with this chapter for application to the Public
 1197  Safety Criminal Punishment Code.
 1198         Section 13. Paragraph (m) of subsection (2) of section
 1199  921.0026, Florida Statutes, is amended to read:
 1200         921.0026 Mitigating circumstances.—This section applies to
 1201  any felony offense, except any capital felony, committed on or
 1202  after October 1, 1998.
 1203         (2) Mitigating circumstances under which a departure from
 1204  the lowest permissible sentence is reasonably justified include,
 1205  but are not limited to:
 1206         (m) The defendant’s offense is a nonviolent felony, the
 1207  defendant’s Public Safety Criminal Punishment Code scoresheet
 1208  total sentence points under s. 921.0024 are 60 points or fewer,
 1209  and the court determines that the defendant is amenable to the
 1210  services of a postadjudicatory treatment-based drug court
 1211  program and is otherwise qualified to participate in the program
 1212  as part of the sentence. For purposes of this paragraph, the
 1213  term “nonviolent felony” has the same meaning as provided in s.
 1214  948.08(6).
 1215         Section 14. Section 921.0027, Florida Statutes, is amended
 1216  to read:
 1217         921.0027 Public Safety Criminal Punishment Code and
 1218  revisions; applicability.—The Florida Public Safety Criminal
 1219  Punishment Code applies to all felonies, except capital
 1220  felonies, committed on or after October 1, 1998. Any revision to
 1221  the Public Safety Criminal Punishment Code applies to sentencing
 1222  for all felonies, except capital felonies, committed on or after
 1223  the effective date of the revision. Felonies, except capital
 1224  felonies, with continuing dates of enterprise shall be sentenced
 1225  under the Public Safety Criminal Punishment Code in effect on
 1226  the beginning date of the criminal activity.
 1227         Section 15. Subsection (1) of section 924.06, Florida
 1228  Statutes, is amended to read:
 1229         924.06 Appeal by defendant.—
 1230         (1) A defendant may appeal from:
 1231         (a) A final judgment of conviction when probation has not
 1232  been granted under chapter 948, except as provided in subsection
 1233  (3);
 1234         (b) An order granting probation under chapter 948;
 1235         (c) An order revoking probation under chapter 948;
 1236         (d) A sentence, on the ground that it is illegal; or
 1237         (e) A sentence imposed under s. 921.0024 of the Public
 1238  Safety Criminal Punishment Code which exceeds the statutory
 1239  maximum penalty provided in s. 775.082 for an offense at
 1240  conviction, or the consecutive statutory maximums for offenses
 1241  at conviction, unless otherwise provided by law.
 1242         Section 16. Paragraph (i) of subsection (1) of section
 1243  924.07, Florida Statutes, is amended to read:
 1244         924.07 Appeal by state.—
 1245         (1) The state may appeal from:
 1246         (i) A sentence imposed below the lowest permissible
 1247  sentence established by the Public Safety Criminal Punishment
 1248  Code under chapter 921.
 1249         Section 17. Paragraph (c) of subsection (3) and paragraph
 1250  (e) of subsection (5) of section 944.17, Florida Statutes, are
 1251  amended to read:
 1252         944.17 Commitments and classification; transfers.—
 1253         (3)
 1254         (c)1. When the highest ranking offense for which the
 1255  prisoner is convicted is a felony, the trial court shall
 1256  sentence the prisoner pursuant to the Public Safety Criminal
 1257  Punishment Code in chapter 921.
 1258         2. When the highest ranking offense for which the prisoner
 1259  is convicted is a misdemeanor, the trial court shall sentence
 1260  the prisoner pursuant to s. 775.082(4).
 1261         (5) The department shall also refuse to accept a person
 1262  into the state correctional system unless the following
 1263  documents are presented in a completed form by the sheriff or
 1264  chief correctional officer, or a designated representative, to
 1265  the officer in charge of the reception process. The department
 1266  may, at its discretion, receive such documents electronically:
 1267         (e) A copy of the Public Safety Criminal Punishment Code
 1268  scoresheet and any attachments thereto prepared pursuant to Rule
 1269  3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
 1270  Procedure, or any other rule pertaining to the preparation of
 1271  felony sentencing scoresheets.
 1272  
 1273  In addition, the sheriff or other officer having such person in
 1274  charge shall also deliver with the foregoing documents any
 1275  available presentence investigation reports as described in s.
 1276  921.231 and any attached documents. After a prisoner is admitted
 1277  into the state correctional system, the department may request
 1278  such additional records relating to the prisoner as it considers
 1279  necessary from the clerk of the court, the Department of
 1280  Children and Families, or any other state or county agency for
 1281  the purpose of determining the prisoner’s proper custody
 1282  classification, gain-time eligibility, or eligibility for early
 1283  release programs. An agency that receives such a request from
 1284  the department must provide the information requested. The
 1285  department may, at its discretion, receive such information
 1286  electronically.
 1287         Section 18. Paragraph (a) of subsection (7) of section
 1288  948.01, Florida Statutes, is amended to read:
 1289         948.01 When court may place defendant on probation or into
 1290  community control.—
 1291         (7)(a) Notwithstanding s. 921.0024 and effective for
 1292  offenses committed on or after July 1, 2009, the sentencing
 1293  court may place the defendant into a postadjudicatory treatment
 1294  based drug court program if the defendant’s Public Safety
 1295  Criminal Punishment Code scoresheet total sentence points under
 1296  s. 921.0024 are 60 points or fewer, the offense is a nonviolent
 1297  felony, the defendant is amenable to substance abuse treatment,
 1298  and the defendant otherwise qualifies under s. 397.334(3). The
 1299  satisfactory completion of the program shall be a condition of
 1300  the defendant’s probation or community control. As used in this
 1301  subsection, the term “nonviolent felony” means a third degree
 1302  felony violation under chapter 810 or any other felony offense
 1303  that is not a forcible felony as defined in s. 776.08.
 1304         Section 19. Section 948.015, Florida Statutes, is amended
 1305  to read:
 1306         948.015 Presentence investigation reports.—The circuit
 1307  court, when the defendant in a criminal case has been found
 1308  guilty or has entered a plea of nolo contendere or guilty and
 1309  has a lowest permissible sentence under the Public Safety
 1310  Criminal Punishment Code of any nonstate prison sanction, may
 1311  refer the case to the department for investigation or
 1312  recommendation. Upon such referral, the department shall make
 1313  the following report in writing at a time specified by the court
 1314  prior to sentencing. The full report shall include:
 1315         (1) A complete description of the situation surrounding the
 1316  criminal activity with which the offender has been charged,
 1317  including a synopsis of the trial transcript, if one has been
 1318  made; nature of the plea agreement, including the number of
 1319  counts waived, the pleas agreed upon, the sentence agreed upon,
 1320  and any additional terms of agreement; and, at the offender’s
 1321  discretion, his or her version and explanation of the criminal
 1322  activity.
 1323         (2) The offender’s sentencing status, including whether the
 1324  offender is a first offender, a habitual or violent offender, a
 1325  youthful offender, or is currently on probation.
 1326         (3) The offender’s prior record of arrests and convictions.
 1327         (4) The offender’s educational background.
 1328         (5) The offender’s employment background, including any
 1329  military record, present employment status, and occupational
 1330  capabilities.
 1331         (6) The offender’s financial status, including total
 1332  monthly income and estimated total debts.
 1333         (7) The social history of the offender, including his or
 1334  her family relationships, marital status, interests, and
 1335  activities.
 1336         (8) The residence history of the offender.
 1337         (9) The offender’s medical history and, as appropriate, a
 1338  psychological or psychiatric evaluation.
 1339         (10) Information about the environments to which the
 1340  offender might return or to which the offender could be sent
 1341  should a sentence of nonincarceration or community supervision
 1342  be imposed by the court, and consideration of the offender’s
 1343  plan concerning employment supervision and treatment.
 1344         (11) Information about any resources available to assist
 1345  the offender, such as:
 1346         (a) Treatment centers.
 1347         (b) Residential facilities.
 1348         (c) Career training programs.
 1349         (d) Special education programs.
 1350         (e) Services that may preclude or supplement commitment to
 1351  the department.
 1352         (12) The views of the person preparing the report as to the
 1353  offender’s motivations and ambitions and an assessment of the
 1354  offender’s explanations for his or her criminal activity.
 1355         (13) An explanation of the offender’s criminal record, if
 1356  any, including his or her version and explanation of any
 1357  previous offenses.
 1358         (14) A statement regarding the extent of any victim’s loss
 1359  or injury.
 1360         (15) A recommendation as to disposition by the court. The
 1361  department shall make a written determination as to the reasons
 1362  for its recommendation, and shall include an evaluation of the
 1363  following factors:
 1364         (a) The appropriateness or inappropriateness of community
 1365  facilities, programs, or services for treatment or supervision
 1366  for the offender.
 1367         (b) The ability or inability of the department to provide
 1368  an adequate level of supervision for the offender in the
 1369  community and a statement of what constitutes an adequate level
 1370  of supervision.
 1371         (c) The existence of other treatment modalities which the
 1372  offender could use but which do not exist at present in the
 1373  community.
 1374         Section 20. Paragraph (j) of subsection (2) of section
 1375  948.06, Florida Statutes, is amended to read:
 1376         948.06 Violation of probation or community control;
 1377  revocation; modification; continuance; failure to pay
 1378  restitution or cost of supervision.—
 1379         (2)
 1380         (j)1. Notwithstanding s. 921.0024 and effective for
 1381  offenses committed on or after July 1, 2009, the court may order
 1382  the defendant to successfully complete a postadjudicatory
 1383  treatment-based drug court program if:
 1384         a. The court finds or the offender admits that the offender
 1385  has violated his or her community control or probation;
 1386         b. The offender’s Public Safety Criminal Punishment Code
 1387  scoresheet total sentence points under s. 921.0024 are 60 points
 1388  or fewer after including points for the violation;
 1389         c. The underlying offense is a nonviolent felony. As used
 1390  in this subsection, the term “nonviolent felony” means a third
 1391  degree felony violation under chapter 810 or any other felony
 1392  offense that is not a forcible felony as defined in s. 776.08;
 1393         d. The court determines that the offender is amenable to
 1394  the services of a postadjudicatory treatment-based drug court
 1395  program;
 1396         e. The court has explained the purpose of the program to
 1397  the offender and the offender has agreed to participate; and
 1398         f. The offender is otherwise qualified to participate in
 1399  the program under the provisions of s. 397.334(3).
 1400         2. After the court orders the modification of community
 1401  control or probation, the original sentencing court shall
 1402  relinquish jurisdiction of the offender’s case to the
 1403  postadjudicatory treatment-based drug court program until the
 1404  offender is no longer active in the program, the case is
 1405  returned to the sentencing court due to the offender’s
 1406  termination from the program for failure to comply with the
 1407  terms thereof, or the offender’s sentence is completed.
 1408         Section 21. Subsection (1) of section 948.20, Florida
 1409  Statutes, is amended to read:
 1410         948.20 Drug offender probation.—
 1411         (1) If it appears to the court upon a hearing that the
 1412  defendant is a chronic substance abuser whose criminal conduct
 1413  is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent
 1414  felony if such nonviolent felony is committed on or after July
 1415  1, 2009, and notwithstanding s. 921.0024, the defendant’s Public
 1416  Safety Criminal Punishment Code scoresheet total sentence points
 1417  are 60 points or fewer, the court may either adjudge the
 1418  defendant guilty or stay and withhold the adjudication of guilt.
 1419  In either case, the court may also stay and withhold the
 1420  imposition of sentence and place the defendant on drug offender
 1421  probation or into a postadjudicatory treatment-based drug court
 1422  program if the defendant otherwise qualifies. As used in this
 1423  section, the term “nonviolent felony” means a third degree
 1424  felony violation under chapter 810 or any other felony offense
 1425  that is not a forcible felony as defined in s. 776.08.
 1426         Section 22. Paragraph (c) of subsection (2) of section
 1427  948.51, Florida Statutes, is amended to read:
 1428         948.51 Community corrections assistance to counties or
 1429  county consortiums.—
 1430         (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
 1431  county, or a consortium of two or more counties, may contract
 1432  with the Department of Corrections for community corrections
 1433  funds as provided in this section. In order to enter into a
 1434  community corrections partnership contract, a county or county
 1435  consortium must have a public safety coordinating council
 1436  established under s. 951.26 and must designate a county officer
 1437  or agency to be responsible for administering community
 1438  corrections funds received from the state. The public safety
 1439  coordinating council shall prepare, develop, and implement a
 1440  comprehensive public safety plan for the county, or the
 1441  geographic area represented by the county consortium, and shall
 1442  submit an annual report to the Department of Corrections
 1443  concerning the status of the program. In preparing the
 1444  comprehensive public safety plan, the public safety coordinating
 1445  council shall cooperate with the juvenile justice circuit
 1446  advisory board established under s. 985.664 in order to include
 1447  programs and services for juveniles in the plan. To be eligible
 1448  for community corrections funds under the contract, the initial
 1449  public safety plan must be approved by the governing board of
 1450  the county, or the governing board of each county within the
 1451  consortium, and the Secretary of Corrections based on the
 1452  requirements of this section. If one or more other counties
 1453  develop a unified public safety plan, the public safety
 1454  coordinating council shall submit a single application to the
 1455  department for funding. Continued contract funding shall be
 1456  pursuant to subsection (5). The plan for a county or county
 1457  consortium must cover at least a 5-year period and must include:
 1458         (c) Specific goals and objectives for reducing the
 1459  projected percentage of commitments to the state prison system
 1460  of persons with low total sentencing scores pursuant to the
 1461  Public Safety Criminal Punishment Code.
 1462         Section 23. Subsection (3) of section 958.04, Florida
 1463  Statutes, is amended to read:
 1464         958.04 Judicial disposition of youthful offenders.—
 1465         (3) The provisions of this section shall not be used to
 1466  impose a greater sentence than the permissible sentence range as
 1467  established by the Public Safety Criminal Punishment Code
 1468  pursuant to chapter 921 unless reasons are explained in writing
 1469  by the trial court judge which reasonably justify departure. A
 1470  sentence imposed outside of the code is subject to appeal
 1471  pursuant to s. 924.06 or s. 924.07.
 1472         Section 24. Subsection (4) of section 985.465, Florida
 1473  Statutes, is amended to read:
 1474         985.465 Juvenile correctional facilities or juvenile
 1475  prison.—A juvenile correctional facility or juvenile prison is a
 1476  physically secure residential commitment program with a
 1477  designated length of stay from 18 months to 36 months, primarily
 1478  serving children 13 years of age to 19 years of age or until the
 1479  jurisdiction of the court expires. Each child committed to this
 1480  level must meet one of the following criteria:
 1481         (4) The child is at least 13 years of age at the time of
 1482  the disposition for the current offense, the child is eligible
 1483  for prosecution as an adult for the current offense, and the
 1484  current offense is ranked at level 7 or higher on the Public
 1485  Safety Criminal Punishment Code offense severity ranking chart
 1486  pursuant to s. 921.0022.
 1487         Section 25. This act shall take effect July 1, 2020.