HB 1289

1	A bill to be entitled
2	An act relating to money laundering; amending s. 560.103,
3	F.S.; defining the term "proceeds" for purposes of
4	provisions relating to money services businesses; amending
5	s. 560.125, F.S.; revising provisions relating to criminal
6	penalties for violations relating to money services
7	businesses; providing for aggregating transactions for the
8	purposes of determining the grade of offenses; amending s.
9	655.50, F.S.; defining the term "proceeds" for purposes of
10	provisions relating to money laundering; revising
11	provisions relating to criminal penalties for violations
12	relating to money laundering; providing for aggregating
13	transactions for the purposes of determining the grade of
14	offenses; creating s. 895.011, F.S.; providing legislative
15	intent concerning construction of provisions relating to
16	offenses concerning racketeering and illegal debts;
17	amending s. 895.02, F.S.; defining the term "prosecuting
18	authority" for purposes of Florida RICO Act; creating s.
19	895.041, F.S.; providing for criminal forfeitures for
20	violations of the Florida RICO Act; specifying property
21	and interests subject to forfeiture; authorizing a fine in
22	lieu of forfeiture; providing that title to property
23	subject to forfeiture vests in the state upon the
24	commission of the act giving rise to forfeiture; providing
25	that subsequent transfer of the property may be subject to
26	a special verdict of forfeiture; providing an exception;
27	providing for certain actions to preserve property for
28	forfeiture; providing for judgments of forfeiture;
29	providing for seizure of forfeited property; authorizing a
30	prosecuting authority to take specified actions in a
31	forfeiture proceeding; authorizing rulemaking by the
32	Attorney General; prohibiting certain actions by parties
33	claiming an interest in property subject to forfeiture;
34	providing exceptions; providing for discovery depositions;
35	providing for notice of orders of forfeiture; providing
36	for determination of claims of interest in forfeited
37	property; providing for forfeiture of other property of
38	the defendant up to the value of any property that is
39	protected or unavailable; amending s. 896.101, F.S.;
40	defining the term "proceeds" for purposes of Florida Money
41	Laundering Act; revising provisions relating to criminal
42	penalties for violations of the act; providing for
43	aggregating transactions for the purposes of determining
44	the grade of offenses; revising provisions relating to
45	subpoenas issued under specified provisions to prohibit,
46	if the subpoena contains a nondisclosure provision,
47	notification concerning the subpoena other than to an
48	attorney consulted by the person or entity whose testimony
49	is sought; providing for fines for violations of such
50	disclosure provisions; amending s. 923.03, F.S.; providing
51	that a judgment of forfeiture may not be entered in a
52	criminal proceeding unless the indictment or the
53	information provides notice that the defendant has an
54	interest in property that is subject to forfeiture;
55	amending s. 921.0022, F.S.; conforming cross-references;
56	providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Subsections (28) through (30) of section
61	560.103, Florida Statutes, are renumbered as subsections (29)
62	through (31), respectively, and a new subsection (28) is added
63	to that section to read:
64	560.103  Definitions.-As used in this chapter, the term:
65	(28)  "Proceeds" means any property derived from or
66	obtained or retained, directly or indirectly, through some form
67	of unlawful activity, including the gross receipts of such
68	activity.
69	Section 2.  Subsection (5) of section 560.125, Florida
70	Statutes, is amended to read:
71	560.125  Unlicensed activity; penalties.-
72	(5)(a)  A person who violates this section, if the
73	violation involves:
74	1.(a)  Currency or payment instruments valued at more than
75	exceeding $300 but less than $20,000 in any 12-month period,
76	commits a felony of the third degree, punishable as provided in
77	s. 775.082, s. 775.083, or s. 775.084.
78	2.(b)  Currency or payment instruments valued at totaling
79	or exceeding $20,000 or more but less than $100,000 in any 12-
80	month period, commits a felony of the second degree, punishable
81	as provided in s. 775.082, s. 775.083, or s. 775.084.
82	3.(c)  Currency or payment instruments valued at totaling
83	or exceeding $100,000 or more in any 12-month period, commits a
84	felony of the first degree, punishable as provided in s.
85	775.082, s. 775.083, or s. 775.084.
86	(b)  Amounts of value of separate transactions committed
87	pursuant to one scheme or course of conduct, whether the
88	transactions involve the same person or several persons, may be
89	aggregated in determining the grade of the offense.
90	Section 3.  Paragraphs (f) and (g) of subsection (3) of
91	section 655.50, Florida Statutes, are redesignated as paragraphs
92	(g) and (h), respectively, a new paragraph (f) is added to that
93	subsection, and paragraph (b) of subsection (10) of that section
94	is amended, to read:
95	655.50  Florida Control of Money Laundering in Financial
96	Institutions Act; reports of transactions involving currency or
97	monetary instruments; when required; purpose; definitions;
98	penalties.-
99	(3)  As used in this section, the term:
100	(f)  "Proceeds" means any property derived from or obtained
101	or retained, directly or indirectly, through some form of
102	unlawful activity, including the gross receipts of such
103	activity.
104	(10)
105	(b)1.  A person who willfully violates or knowingly causes
106	another to violate any provision of this section, when the
107	violation involves:
108	a.1.  Financial transactions valued at totaling or
109	exceeding $300 or more but less than $20,000 in any 12-month
110	period, commits is guilty of a felony of the third degree,
111	punishable as provided in s. 775.082 or s. 775.083; or
112	b.2.  Financial transactions valued at totaling or
113	exceeding $20,000 or more but less than $100,000 commits in any
114	12-month period is guilty of a felony of the second degree,
115	punishable as provided in s. 775.082 or s. 775.083; or
116	c.3.  Financial transactions valued at totaling or
117	exceeding $100,000 or more commits in any 12-month period is
118	guilty of a felony of the first degree, punishable as provided
119	in s. 775.082 or s. 775.083.
120	2.  Amounts of value of separate transactions committed
121	pursuant to one scheme or course of conduct, whether the
122	transactions involve the same person or several persons, may be
123	aggregated in determining the grade of the offense.
124	Section 4.  Section 895.011, Florida Statutes, is created
125	to read:
126	895.011  Construction.-The provisions of this chapter shall
127	be liberally construed to achieve their remedial purposes of
128	curtailing racketeering activities and controlled substance
129	crimes and lessening the economic power of criminal
130	organizations engaged in patterns of racketeering activities in
131	this state.
132	Section 5.  Subsection (13) is added to section 895.02,
133	Florida Statutes, to read:
134	895.02  Definitions.-As used in ss. 895.01-895.08, the
135	term:
136	(13)  "Prosecuting authority" means the Attorney General,
137	any state attorney, or the statewide prosecutor.
138	Section 6.  Section 895.041, Florida Statutes, is created
139	to read:
140	895.041  Criminal forfeiture.-
141	(1)(a)  Upon conviction of a violation of s. 895.03, in
142	addition to any other sanction, the defendant shall forfeit to
143	the state, irrespective of any other provision of law, the
144	following:
145	1.  Any interest the person has acquired or maintained in
146	violation of s. 895.03.
147	2.  Any interest in, security of, claim against, or
148	property or contractual right of any kind affording a source of
149	influence over any enterprise that the person has established,
150	operated, controlled, or conducted, or participated in the
151	conduct of, in violation of s. 895.03.
152	3.  Any property constituting, or derived from, any
153	proceeds that the person obtained, directly or indirectly, from
154	racketeering activity or unlawful debt collection in violation
155	of s. 895.03.
156	(b)  In imposing sentence on a person convicted of a
157	violation of s. 895.03, the court shall order, in addition to
158	any other sentence imposed, that the person forfeit all property
159	described in this subsection. In lieu of a forfeiture otherwise
160	authorized by this section, a defendant convicted of such a
161	violation who derives profits or other proceeds from the offense
162	may, in addition to any other fine authorized by law, be fined
163	not more than three times the gross profits or other proceeds.
164	(2)  Property subject to criminal forfeiture under this
165	section includes:
166	(a)  Real property, including things growing on, affixed
167	to, and found in land.
168	(b)  Tangible and intangible personal property, including
169	rights, privileges, interests, claims, and securities.
170	(3)  All right, title, and interest in property described
171	in subsection (1) vests in the state upon the commission of the
172	act giving rise to forfeiture under this section. Any such
173	property that is subsequently transferred to a person other than
174	the defendant may be the subject of a special verdict of
175	forfeiture and thereafter shall be ordered forfeited to the
176	state, unless the transferee establishes in a hearing pursuant
177	to subsection (l) that he or she is a bona fide purchaser for
178	value of such property who at the time of purchase was
179	reasonably without cause to believe that the property was
180	subject to forfeiture under this section.
181	(4)(a)  Upon application of the state, the court may enter
182	a restraining order or injunction, require the execution of a
183	satisfactory performance bond, or take any other action to
184	preserve the availability of property described in subsection
185	(1) for forfeiture under this section:
186	1.  Upon the filing of an indictment or information
187	charging a violation of s. 895.03(3) and alleging that the
188	property with respect to which the order is sought would, in the
189	event of conviction, be subject to forfeiture under this
190	section; or
191	2.  Prior to the filing of such an indictment or
192	information, if, after notice to persons appearing to have an
193	interest in the property and opportunity for a hearing, the
194	court determines that:
195	a.  There is a substantial probability that the state will
196	prevail on the issue of forfeiture and that failure to enter the
197	order will result in the property being destroyed, removed from
198	the jurisdiction of the court, or otherwise made unavailable for
199	forfeiture; and
200	b.  The need to preserve the availability of the property
201	through the entry of the requested order outweighs the hardship
202	on any party against whom the order is to be entered.
203
204	An order entered pursuant to this subparagraph may be effective
205	for no more than 90 days unless extended by the court for good
206	cause shown or unless an indictment or information described in
207	subparagraph 1. has been filed.
208	(b)  A temporary restraining order under this subsection
209	may be entered upon application of the state without notice or
210	opportunity for a hearing when an information or indictment has
211	not yet been filed with respect to the property, if the state
212	demonstrates that there is probable cause to believe that the
213	property with respect to which the order is sought would, in the
214	event of conviction, be subject to forfeiture under this section
215	and that provision of notice will jeopardize the availability of
216	the property for forfeiture. Such a temporary order shall expire
217	not more than 10 days after the date on which it is entered,
218	unless extended for good cause shown or the party against whom
219	it is entered consents to an extension for a longer period. A
220	hearing requested concerning an order entered under this
221	paragraph shall be held at the earliest possible time and prior
222	to the expiration of the temporary order.
223	(c)  At a hearing held pursuant to this subsection, the
224	court may receive and consider evidence and information that
225	would be inadmissible under the Florida Rules of Evidence.
226	(5)  Upon finding that the state is entitled to forfeiture
227	of property under this section, the court shall enter a judgment
228	of forfeiture of the property to the state and shall also
229	authorize the prosecuting authority to seize all property
230	ordered forfeited upon such terms and conditions as the court
231	deems proper. Following the entry of an order declaring the
232	property forfeited, the court may, upon application of the
233	state, enter such appropriate restraining orders or injunctions,
234	require the execution of satisfactory performance bonds, appoint
235	receivers, conservators, appraisers, accountants, or trustees,
236	or take any other action to protect the interest of the state in
237	the property ordered forfeited. Any income accruing to, or
238	derived from, an enterprise or an interest in an enterprise
239	which has been ordered forfeited under this section may be used
240	to offset ordinary and necessary expenses to the enterprise
241	which are required by law or are necessary to protect the
242	interests of the state or of third parties.
243	(6)  Following the seizure of property ordered forfeited
244	under this section, the prosecuting authority shall direct the
245	disposition of the property by sale or any other commercially
246	feasible means, making due provision for the rights of any
247	innocent persons. Any property right or interest not exercisable
248	by, or transferable for value to, the state shall expire and
249	shall not revert to the defendant, nor shall the defendant or
250	any person acting in concert with or on behalf of the defendant
251	be eligible to purchase forfeited property at any sale held by
252	the state. Upon application of a person, other than the
253	defendant or a person acting in concert with or on behalf of the
254	defendant, the court may restrain or stay the sale or
255	disposition of the property pending the conclusion of any appeal
256	of the criminal case giving rise to the forfeiture, if the
257	applicant demonstrates that proceeding with the sale or
258	disposition of the property will result in irreparable injury,
259	harm, or loss to him or her. The proceeds of any sale or other
260	disposition of property forfeited under this section and any
261	moneys forfeited shall be used to pay all proper expenses for
262	the forfeiture and the sale, including expenses of seizure,
263	maintenance, and custody of the property pending its
264	disposition, advertising, and court costs. The prosecuting
265	authority shall deposit in the General Revenue Fund any amounts
266	of such proceeds or moneys remaining after the payment of such
267	expenses.
268	(7)  With respect to property ordered forfeited under this
269	section, the prosecuting authority is authorized to do the
270	following:
271	(a)  Grant petitions for mitigation or remission of
272	forfeiture, restore forfeited property to victims of a violation
273	of this chapter, or take any other action to protect the rights
274	of innocent persons which is in the interest of justice and
275	which is not inconsistent with the provisions of this chapter.
276	(b)  Compromise claims arising under this section.
277	(c)  Award compensation to persons providing information
278	resulting in a forfeiture under this section.
279	(d)  Direct the disposition by the state of all property
280	ordered forfeited under this section by public sale or any other
281	commercially feasible means, making due provision for the rights
282	of innocent persons.
283	(e)  Take appropriate measures necessary to safeguard and
284	maintain property ordered forfeited under this section pending
285	its disposition.
286	(8)  The Attorney General may adopt rules with respect to
287	the following:
288	(a)  Making reasonable efforts to provide notice to persons
289	who may have an interest in property ordered forfeited under
290	this section.
291	(b)  Granting petitions for remission or mitigation of
292	forfeiture.
293	(c)  The restitution of property to victims of an offense
294	petitioning for remission or mitigation of forfeiture under this
295	section.
296	(d)  The disposition by the state of forfeited property by
297	public sale or other commercially feasible means.
298	(e)  The maintenance and safekeeping of any property
299	forfeited under this section pending its disposition.
300	(f)  The compromise of claims arising under this section.
301
302	Pending the adoption of such rules, all provisions of law
303	relating to the disposition of property, or the proceeds from
304	the sale of such property, or the remission or mitigation of
305	forfeitures for violation of the laws, and the compromise of
306	claims and the award of compensation to persons providing
307	information in respect of such forfeitures shall apply to
308	forfeitures incurred, or alleged to have been incurred, under
309	the provisions of this section, as applicable and not
310	inconsistent with the provisions of this section.
311	(9)  Except as provided in subsection (12), a party
312	claiming an interest in property subject to forfeiture under
313	this section may not:
314	(a)  Intervene in a trial or appeal of a criminal case
315	involving the forfeiture of such property under this section; or
316	(b)  Commence an action at law or equity against the state
317	concerning the validity of his alleged interest in the property
318	subsequent to the filing of an indictment or information
319	alleging that the property is subject to forfeiture under this
320	section.
321	(10)  The circuit courts shall have jurisdiction to enter
322	orders as provided in this section without regard to the
323	location of any property that may be subject to forfeiture under
324	this section or that has been ordered forfeited under this
325	section.
326	(11)  In order to facilitate the identification or location
327	of property declared forfeited and to facilitate the disposition
328	of petitions for remission or mitigation of forfeiture, after
329	the entry of an order declaring property forfeited to the state,
330	the court may, upon the state's application, order that the
331	testimony of any witness relating to the property forfeited be
332	taken by deposition and that any designated book, paper,
333	document, record, recording, or other material not privileged be
334	produced at the same time and place, in the same manner as
335	provided for the taking of depositions under Rule 3.220, Florida
336	Rules of Criminal Procedure.
337	(12)(a)  Following the entry of an order of forfeiture
338	under this section, the state shall publish notice of the order
339	and of its intent to dispose of the property in such manner as
340	the prosecuting authority may direct. The state may also, to the
341	extent practicable, provide direct written notice to any person
342	known to have alleged an interest in the property that is the
343	subject of the order of forfeiture as a substitute for published
344	notice as to those persons so notified.
345	(b)  Any person, other than the defendant, asserting a
346	legal interest in property which has been ordered forfeited to
347	the state to this section may, within 30 days after the final
348	publication of notice or his or her receipt of notice under
349	subsection (1), whichever is earlier, petition the court for a
350	hearing to adjudicate the validity of his or her alleged
351	interest in the property. The hearing shall be held before the
352	court alone, without a jury.
353	(c)  The petition shall be signed by the petitioner under
354	penalty of perjury and shall set forth the nature and extent of
355	the petitioner's right, title, or interest in the property, the
356	time and circumstances of the petitioner's acquisition of the
357	right, title, or interest in the property, any additional facts
358	supporting the petitioner's claim, and the relief sought.
359	(d)  The hearing on the petition shall, to the extent
360	practicable and consistent with the interests of justice, be
361	held within 30 days after the filing of the petition. The court
362	may consolidate the hearing on the petition with a hearing on
363	any other petition filed by a person other than the defendant
364	under this subsection.
365	(e)  At the hearing, the petitioner may testify and present
366	evidence and witnesses on his or her own behalf and cross-
367	examine witnesses who appear at the hearing. The state may
368	present evidence and witnesses in rebuttal and in defense of its
369	claim to the property and cross-examine witnesses who appear at
370	the hearing. In addition to testimony and evidence presented at
371	the hearing, the court shall consider the relevant portions of
372	the record of the criminal case which resulted in the order of
373	forfeiture.
374	(f)  If, after the hearing, the court determines that the
375	petitioner has established by a preponderance of the evidence
376	that:
377	1.  The petitioner has a legal right, title, or interest in
378	the property and such right, title, or interest renders the
379	order of forfeiture invalid in whole or in part because the
380	right, title, or interest was vested in the petitioner rather
381	than the defendant or was superior to any right, title, or
382	interest of the defendant at the time of the commission of the
383	acts which gave rise to the forfeiture of the property under
384	this section; or
385	2.  The petitioner is a bona fide purchaser for value of
386	the right, title, or interest in the property and was at the
387	time of purchase reasonably without cause to believe that the
388	property was subject to forfeiture under this section,
389
390	the court shall amend the order of forfeiture in accordance with
391	its determination.
392	(g)  Following the court's disposition of all petitions
393	filed under this subsection, or if no such petitions are filed
394	following the expiration of the period provided in subsection
395	(2) for the filing of such petitions, the state shall have clear
396	title to property that is the subject of the order of forfeiture
397	and may warrant good title to any subsequent purchaser or
398	transferee.
399	(13)  If any of the property described in subsection (1) is
400	protected by s. 6, Art. VII of the Florida Constitution or, as a
401	result of any act or omission of the defendant, is otherwise
402	unreachable because it:
403	(a)  Cannot be located upon the exercise of due diligence;
404	(b)  Has been transferred or sold to, or deposited with, a
405	third party;
406	(c)  Has been placed beyond the jurisdiction of the court;
407	(d)  Has been substantially diminished in value; or
408	(e)  Has been commingled with other property which cannot
409	be divided without difficulty,
410
411	the court shall order the forfeiture of any other property of
412	the defendant up to the value of any such protected or
413	unavailable property.
414	Section 7.  Paragraphs (g), (h), and (i) of subsection (2)
415	of section 896.101, Florida Statutes, are redesignated as
416	paragraphs (h), (i), and (j), respectively, a new paragraph (g)
417	is added to that subsection, and paragraph (a) of subsection (2)
418	and subsections (5) and (10) of that section are amended, to
419	read:
420	896.101  Florida Money Laundering Act; definitions;
421	penalties; injunctions; seizure warrants; immunity.-
422	(2)  As used in this section, the term:
423	(a)  "Knowing that the property involved in a financial
424	transaction represents the proceeds of some form of unlawful
425	activity" means that the person knew the property involved in
426	the transaction represented proceeds from some form, though not
427	necessarily which form, of activity that constitutes a felony
428	under state or federal law, regardless of whether or not such
429	activity is specified in paragraph (h) (g).
430	(g)  "Proceeds" means any property derived from or obtained
431	or retained, directly or indirectly, through some form of
432	unlawful activity, including the gross receipts of such
433	activity.
434	(5)(a)  A person who violates this section, if the
435	violation involves:
436	1.(a)  Financial transactions valued at exceeding $300 but
437	less than $20,000 in any 12-month period, commits a felony of
438	the third degree, punishable as provided in s. 775.082, s.
439	775.083, or s. 775.084.
440	2.(b)  Financial transactions valued at totaling or
441	exceeding $20,000 or more but less than $100,000 in any 12-month
442	period, commits a felony of the second degree, punishable as
443	provided in s. 775.082, s. 775.083, or s. 775.084.
444	3.(c)  Financial transactions valued at totaling or
445	exceeding $100,000 or more in any 12-month period, commits a
446	felony of the first degree, punishable as
447	775.082, s. 775.083, or s. 775.084.
448	(b)  Amounts of value of separate transactions committed
449	pursuant to one scheme or course of conduct, whether the
450	transactions involve the same person or several persons, may be
451	aggregated in determining the grade of the offense.
452	(10)(a)  Any financial institution, licensed money services
453	business, or other person served with and complying with the
454	terms of a warrant, temporary injunction, or other court order,
455	including any subpoena issued under s. 16.56 or s. 27.04,
456	obtained in furtherance of an investigation of any crime in this
457	section, including any crime listed as specified unlawful
458	activity under this section or any felony violation of chapter
459	560, has immunity from criminal liability and is not liable to
460	any person for any lawful action taken in complying with the
461	warrant, temporary injunction, or other court order, including
462	any subpoena issued under s. 16.56 or s. 27.04. If any subpoena
463	issued under s. 16.56 or s. 27.04 contains a nondisclosure
464	provision, any financial institution, licensed money services
465	business, employee or officer of a financial institution or
466	licensed money services business, or any other person may not
467	notify, directly or indirectly, any customer of that financial
468	institution or money services business whose records are being
469	sought by the subpoena, or any other person, other than an
470	attorney consulted by the person or entity whose testimony is
471	sought in the matter named in the subpoena, about the existence
472	or the contents of that subpoena, or of the investigation, or
473	about information that has been furnished to the state attorney
474	or statewide prosecutor who issued the subpoena or any other law
475	enforcement officer named in the subpoena in response to the
476	subpoena.
477	(b)  Any person who, having received or been served with
478	such a warrant, temporary injunction, or other court order,
479	including any subpoena issued under s. 16.56 or s. 27.04,
480	containing a nondisclosure provision as described in paragraph
481	(a) who thereafter notifies any person of information in
482	violation of paragraph (a) shall be fined $5,000 for each such
483	unauthorized notification.
484	Section 8.  Subsection (3) is added to section 923.03,
485	Florida Statutes, to read:
486	923.03  Indictment and information.-
487	(3)  A judgment of forfeiture may not be entered in a
488	criminal proceeding unless the indictment or the information
489	provides notice that the defendant has an interest in property
490	that is subject to forfeiture in accordance with the applicable
491	statute.
492	Section 9.  Paragraphs (g), (h), and (i) of subsection (3)
493	of section 921.0022, Florida Statutes, are amended to read:
494	921.0022  Criminal Punishment Code; offense severity
495	ranking chart.-
496	(3)  OFFENSE SEVERITY RANKING CHART
497	(g)  LEVEL 7
498
	FloridaStatute FelonyDegree Description
499
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
500
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
501
	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.
502
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
503
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
504
	409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
505
	409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
506
	456.065(2) 3rd Practicing a health care profession without a license.
507
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
508
	458.327(1) 3rd Practicing medicine without a license.
509
	459.013(1) 3rd Practicing osteopathic medicine without a license.
510
	460.411(1) 3rd Practicing chiropractic medicine without a license.
511
	461.012(1) 3rd Practicing podiatric medicine without a license.
512
	462.17 3rd Practicing naturopathy without a license.
513
	463.015(1) 3rd Practicing optometry without a license.
514
	464.016(1) 3rd Practicing nursing without a license.
515
	465.015(2) 3rd Practicing pharmacy without a license.
516
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
517
	467.201 3rd Practicing midwifery without a license.
518
	468.366 3rd Delivering respiratory care services without a license.
519
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
520
	483.901(9) 3rd Practicing medical physics without a license.
521
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
522
	484.053 3rd Dispensing hearing aids without a license.
523
	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.
524
	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.
525
	560.125(5)(a)1. 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
526
	655.50(10)(b)1.a. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
527
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
528
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
529
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
530
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
531
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
532
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
533
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
534
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
535
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
536
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
537
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
538
	784.048(7) 3rd Aggravated stalking; violation of court order.
539
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
540
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
541
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
542
	784.081(1) 1st Aggravated battery on specified official or employee.
543
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
544
	784.083(1) 1st Aggravated battery on code inspector.
545
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
546
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
547
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
548
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
549
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
550
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
551
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
552
	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.
553
	796.03 2nd Procuring any person under 16 years for prostitution.
554
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
555
	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.
556
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
557
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
558
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
559
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
560
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
561
	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.
562
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
563
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
564
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
565
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
566
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
567
	812.131(2)(a) 2nd Robbery by sudden snatching.
568
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
569
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
570
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
571
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
572
	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.
573
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
574
	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.
575
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
576
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
577
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
578
	838.015 2nd Bribery.
579
	838.016 2nd Unlawful compensation or reward for official behavior.
580
	838.021(3)(a) 2nd Unlawful harm to a public servant.
581
	838.22 2nd Bid tampering.
582
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
583
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
584
	872.06 2nd Abuse of a dead human body.
585
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
586
	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.
587
	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.
588
	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).
589
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
590
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
591
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
592
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
593
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
594
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
595
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
596
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
597
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
598
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
599
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
600
	896.101(5)(a)1. 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
601
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
602
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
603
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
604
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
605
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
606
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
607
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
608
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
609
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
610
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
611
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
612
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
613
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
614
615	(h)  LEVEL 8
616
	FloridaStatute FelonyDegree Description
617
	316.193(3)(c)3.a. 2nd DUI manslaughter.
618
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
619
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
620
	499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
621
	499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
622
	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.
623
	560.125(5)(a)2.(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
624
	655.50(10)(b)1.a.2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
625
	777.03(2)(a) 1st Accessory after the fact, capital felony.
626
	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.
627
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
628
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
629
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
630
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
631
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
632
	794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
633
	800.04(4) 2nd Lewd or lascivious battery.
634
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
635
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
636
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
637
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
638
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
639
	812.13(2)(b) 1st Robbery with a weapon.
640
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
641
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
642
	825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
643
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
644
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
645
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
646
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
647
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
648
	860.16 1st Aircraft piracy.
649
	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).
650
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
651
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
652
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
653
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
654
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
655
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
656
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
657
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
658
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
659
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
660
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
661
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
662
	893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
663
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
664
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
665
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
666
	896.101(5)(a)2.(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
667
	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.
668
669	(i)  LEVEL 9
670
	FloridaStatute FelonyDegree Description
671
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
672
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
673
	409.920(2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
674
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
675
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
676
	560.125(5)(a)3.(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
677
	655.50(10)(b)1.c.3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
678
	775.0844 1st Aggravated white collar crime.
679
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
680
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
681
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
682
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
683
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
684
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
685
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
686
	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.
687
	790.161 1st Attempted capital destructive device offense.
688
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
689
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
690
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
691
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
692
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
693
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
694
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
695
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
696
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
697
	812.135(2)(b) 1st Home-invasion robbery with weapon.
698
	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.
699
	827.03(2) 1st Aggravated child abuse.
700
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
701
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
702
	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.
703
	893.135 1st Attempted capital trafficking offense.
704
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
705
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
706
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
707
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
708
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
709
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
710
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
711
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
712
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
713
	896.101(5)(a)3.(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
714
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
715
716	Section 10.  This act shall take effect July 1, 2010.

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