HB 1091

1	A bill to be entitled
2	An act relating to the use of hoax firearms; creating s.
3	812.129, F.S.; defining the term "hoax firearm" for
4	specified purposes; amending ss. 812.13, 812.133, and
5	812.135, F.S.; revising provisions relating to robbery,
6	carjacking, and home-invasion robbery to provide increased
7	penalties when a hoax firearm is carried in the course of
8	committing the offense; amending s. 921.0022, F.S.;
9	conforming provisions of the offense severity ranking
10	chart of the Criminal Punishment Code to changes made by
11	the act; amending s. 948.062, F.S.; conforming a
12	provision; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 812.129, Florida Statutes, is created
17	to read:
18	812.129  Definition; ss. 812.13-812.135.--As used is ss.
19	812.13-812.135, the term "hoax firearm" means any device or
20	object that by its design, construction, content, or
21	characteristics appears to be a firearm as defined in s.
22	790.001, but is, in fact, a facsimile or imitation of such
23	firearm.
24	Section 2.  Paragraphs (a) and (c) of subsection (2) of
25	section 812.13, Florida Statutes, are amended to read:
26	812.13  Robbery.--
27	(2)(a)  If in the course of committing the robbery the
28	offender carried a firearm or other deadly weapon or a hoax
29	firearm, then the robbery is a felony of the first degree,
30	punishable by imprisonment for a term of years not exceeding
31	life imprisonment or as provided in s. 775.082, s. 775.083, or
32	s. 775.084.
33	(c)  If in the course of committing the robbery the
34	offender carried no firearm, deadly weapon, or other weapon, or
35	hoax firearm, then the robbery is a felony of the second degree,
36	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
37	Section 3.  Subsection (2) of section 812.133, Florida
38	Statutes, is amended to read:
39	812.133  Carjacking.--
40	(2)(a)  If in the course of committing the carjacking the
41	offender carried a firearm or other deadly weapon or a hoax
42	firearm, then the carjacking is a felony of the first degree,
43	punishable by imprisonment for a term of years not exceeding
44	life imprisonment or as provided in s. 775.082, s. 775.083, or
45	s. 775.084.
46	(b)  If in the course of committing the carjacking the
47	offender carried no firearm, deadly weapon, or other weapon, or
48	hoax firearm, then the carjacking is a felony of the first
49	degree, punishable as provided in s. 775.082, s. 775.083, or s.
50	775.084.
51	Section 4.  Paragraphs (a) and (c) of subsection (2) of
52	section 812.135, Florida Statutes, are amended to read:
53	812.135  Home-invasion robbery.--
54	(2)(a)  If in the course of committing the home-invasion
55	robbery the person carries a firearm or other deadly weapon or a
56	hoax firearm, the person commits a felony of the first degree,
57	punishable by imprisonment for a term of years not exceeding
58	life imprisonment as provided in s. 775.082, s. 775.083, or s.
59	775.084.
60	(c)  If in the course of committing the home-invasion
61	robbery the person carries no firearm, deadly weapon, or other
62	weapon, or hoax firearm, the person commits a felony of the
63	first degree, punishable as provided in s. 775.082, s. 775.083,
64	or s. 775.084.
65	Section 5.  Paragraphs (f), (g), (h), (i), and (j) of
66	subsection (3) of section 921.0022, Florida Statutes, are
67	amended to read:
68	921.0022  Criminal Punishment Code; offense severity
69	ranking chart.--
70	(3)  OFFENSE SEVERITY RANKING CHART
71	(f)  LEVEL 6
72
	FloridaStatute FelonyDegree Description
73
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
74
	499.0051(3) 2nd Knowing forgery of pedigree papers.
75
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
76
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
77
	775.0875(1) 3rd Taking firearm from law enforcement officer.
78
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
79
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
80
	784.041 3rd Felony battery; domestic battery by strangulation.
81
	784.048(3) 3rd Aggravated stalking; credible threat.
82
	784.048(5) 3rd Aggravated stalking of person under 16.
83
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
84
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
85
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
86
	784.081(2) 2nd Aggravated assault on specified official or employee.
87
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
88
	784.083(2) 2nd Aggravated assault on code inspector.
89
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
90
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
91
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
92
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
93
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
94
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
95
	794.05(1) 2nd Unlawful sexual activity with specified minor.
96
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
97
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
98
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
99
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
100
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
101
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
102
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
103
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
104
	812.13(2)(c) 2nd Robbery, no firearm, deadly weapon, or other weapon, or hoax firearm (strong-arm robbery).
105
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
106
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
107
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
108
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
109
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
110
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
111
	827.03(1) 3rd Abuse of a child.
112
	827.03(3)(c) 3rd Neglect of a child.
113
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
114
	836.05 2nd Threats; extortion.
115
	836.10 2nd Written threats to kill or do bodily injury.
116
	843.12 3rd Aids or assists person to escape.
117
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
118
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
119
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
120
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
121
	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.
122
	944.40 2nd Escapes.
123
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
124
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
125
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
126
127	(g)  LEVEL 7
128
	FloridaStatute FelonyDegree Description
129
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
130
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
131
	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.
132
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
133
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
134
	409.920(2) 3rd Medicaid provider fraud.
135
	456.065(2) 3rd Practicing a health care profession without a license.
136
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
137
	458.327(1) 3rd Practicing medicine without a license.
138
	459.013(1) 3rd Practicing osteopathic medicine without a license.
139
	460.411(1) 3rd Practicing chiropractic medicine without a license.
140
	461.012(1) 3rd Practicing podiatric medicine without a license.
141
	462.17 3rd Practicing naturopathy without a license.
142
	463.015(1) 3rd Practicing optometry without a license.
143
	464.016(1) 3rd Practicing nursing without a license.
144
	465.015(2) 3rd Practicing pharmacy without a license.
145
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
146
	467.201 3rd Practicing midwifery without a license.
147
	468.366 3rd Delivering respiratory care services without a license.
148
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
149
	483.901(9) 3rd Practicing medical physics without a license.
150
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
151
	484.053 3rd Dispensing hearing aids without a license.
152
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
153
	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.
154
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
155
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
156
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
157
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
158
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
159
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
160
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
161
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
162
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
163
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
164
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
165
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
166
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
167
	784.048(7) 3rd Aggravated stalking; violation of court order.
168
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
169
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
170
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
171
	784.081(1) 1st Aggravated battery on specified official or employee.
172
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
173
	784.083(1) 1st Aggravated battery on code inspector.
174
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
175
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
176
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
177
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
178
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
179
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
180
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
181
	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.
182
	796.03 2nd Procuring any person under 16 years for prostitution.
183
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
184
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
185
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
186
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
187
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
188
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
189
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
190
	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.
191
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
192
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
193
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
194
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
195
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
196
	812.131(2)(a) 2nd Robbery by sudden snatching.
197
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon, or hoax firearm.
198
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
199
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
200
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
201
	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.
202
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
203
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
204
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
205
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
206
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
207
	838.015 2nd Bribery.
208
	838.016 2nd Unlawful compensation or reward for official behavior.
209
	838.021(3)(a) 2nd Unlawful harm to a public servant.
210
	838.22 2nd Bid tampering.
211
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
212
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
213
	872.06 2nd Abuse of a dead human body.
214
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
215
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
216
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
217
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
218
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
219
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
220
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
221
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
222
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
223
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
224
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
225
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
226
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
227
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
228
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
229
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
230
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
231
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
232
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
233
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
234
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
235
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
236
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
237
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
238
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
239
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
240
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
241
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
242
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
243
244	(h)  LEVEL 8
245
	FloridaStatute FelonyDegree Description
246
	316.193(3)(c)3.a. 2nd DUI manslaughter.
247
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
248
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
249
	499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
250
	499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
251
	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.
252
	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.
253
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
254
	777.03(2)(a) 1st Accessory after the fact, capital felony.
255
	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, aircraft piracy, or unlawfully discharging bomb.
256
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
257
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
258
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
259
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
260
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
261
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
262
	800.04(4) 2nd Lewd or lascivious battery.
263
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
264
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
265
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
266
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
267
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
268
	812.13(2)(b) 1st Robbery with a weapon.
269
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon, or hoax firearm.
270
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
271
	825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
272
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
273
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
274
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
275
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
276
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
277
	860.16 1st Aircraft piracy.
278
	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).
279
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
280
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
281
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
282
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
283
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
284
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
285
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
286
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
287
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
288
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
289
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
290
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
291
	893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
292
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
293
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
294
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
295
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
296
	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.
297
298	(i)  LEVEL 9
299
	FloridaStatute FelonyDegree Description
300
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
301
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
302
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
303
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
304
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
305
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
306
	775.0844 1st Aggravated white collar crime.
307
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
308
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
309
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
310
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
311
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
312
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
313
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
314
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
315
	790.161 1st Attempted capital destructive device offense.
316
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
317
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
318
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
319
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
320
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
321
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
322
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
323
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon or hoax firearm.
324
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon or hoax firearm.
325
	812.135(2)(b) 1st Home-invasion robbery with weapon.
326
	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.
327
	827.03(2) 1st Aggravated child abuse.
328
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
329
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
330
	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.
331
	893.135 1st Attempted capital trafficking offense.
332
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
333
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
334
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
335
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
336
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
337
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
338
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
339
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
340
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
341
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
342
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
343
344	(j)  LEVEL 10
345
	FloridaStatute FelonyDegree Description
346
	499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
347
	782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
348
	787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
349
	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.
350
	782.07(3) 1st Aggravated manslaughter of a child.
351
	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.
352
	812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon or hoax firearm.
353
	876.32 1st Treason against the state.
354
355	Section 6.  Paragraph (g) of subsection (1) of section
356	948.062, Florida Statutes, is amended to read:
357	948.062  Reviewing and reporting serious offenses committed
358	by offenders placed on probation or community control.--
359	(1)  The department shall review the circumstances related
360	to an offender placed on probation or community control who has
361	been arrested while on supervision for the following offenses:
362	(g)  Any robbery with a firearm or other deadly weapon or a
363	hoax firearm, home invasion robbery, or carjacking, or home-
364	invasion robbery as provided in s. 812.13(2)(a), s. 812.133, or
365	s. 812.135, or s. 812.133;
366	Section 7.  This act shall take effect October 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.