HB 687

1	A bill to be entitled
2	An act relating to theft offenses; amending s.
3	812.0145, F.S.; revising the values used in the
4	classification of thefts from persons age 65 or older;
5	providing penalties; amending s. 817.034, F.S.;
6	providing a more severe ranking under the Criminal
7	Punishment Code for specified communications fraud
8	violations involving victims age 65 or older; amending
9	s. 775.0844, F.S.; providing minimum mandatory
10	sentences for specified white collar crime offenses;
11	providing additional minimum mandatory sentences for
12	certain offenses based on the number of victims;
13	amending s. 921.0022, F.S.; conforming provisions of
14	the Offense Severity Ranking Chart of the Criminal
15	Punishment Code to changes made by the act; providing
16	an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (2) of section 812.0145, Florida
21	Statutes, is amended to read:
22	812.0145  Theft from persons 65 years of age or older;
23	reclassification of offenses.-
24	(2)  Whenever a person is charged with committing theft
25	from a person 65 years of age or older, when he or she knows or
26	has reason to believe that the victim was 65 years of age or
27	older, the offense for which the person is charged shall be
28	reclassified as follows:
29	(a)  If the funds, assets, or property involved in the
30	theft from a person 65 years of age or older is valued at
31	$20,000 $50,000 or more, the offender commits a felony of the
32	first degree, punishable as provided in s. 775.082, s. 775.083,
33	or s. 775.084.
34	(b)  If the funds, assets, or property involved in the
35	theft from a person 65 years of age or older is valued at $5,000
36	$10,000 or more, but less than $20,000 $50,000, the offender
37	commits a felony of the second degree, punishable as provided in
38	s. 775.082, s. 775.083, or s. 775.084.
39	(c)  If the funds, assets, or property involved in the
40	theft from a person 65 years of age or older is valued at $300
41	or more, but less than $5,000 $10,000, the offender commits a
42	felony of the third degree, punishable as provided in s.
43	775.082, s. 775.083, or s. 775.084.
44	Section 2.  Paragraph (a) of subsection (4) of section
45	817.034, Florida Statutes, is amended to read:
46	817.034  Florida Communications Fraud Act.-
47	(4)  OFFENSES.-
48	(a)  Any person who engages in a scheme to defraud and
49	obtains property thereby commits is guilty of organized fraud,
50	punishable as follows:
51	1.  If the amount of property obtained has an aggregate
52	value of $50,000 or more, the violator commits is guilty of a
53	felony of the first degree, punishable as provided in s.
54	775.082, s. 775.083, or s. 775.084.
55	2.  If the amount of property obtained has an aggregate
56	value of $20,000 or more, but less than $50,000, the violator
57	commits is guilty of a felony of the second degree, punishable
58	as provided in s. 775.082, s. 775.083, or s. 775.084.
59	3.  If the amount of property obtained has an aggregate
60	value of less than $20,000, the violator commits is guilty of a
61	felony of the third degree, punishable as provided in s.
62	775.082, s. 775.083, or s. 775.084.
63
64	For purposes of sentencing under chapter 921, a felony offense
65	under this paragraph committed against a victim who is 65 years
66	of age or older is ranked two levels above the ranking under the
67	Criminal Punishment Code of a grand theft violation of s.
68	812.014 involving the same value.
69	Section 3.  Section 775.0844, Florida Statutes, is amended
70	to read:
71	775.0844  White Collar Crime Victim Protection Act.-
72	(1)  This section may be cited as the "White Collar Crime
73	Victim Protection Act."
74	(2)  Due to the frequency with which victims, particularly
75	elderly victims, are deceived and cheated by criminals who
76	commit nonviolent frauds and swindles, frequently through the
77	use of the Internet and other electronic technology and
78	frequently causing the loss of substantial amounts of property,
79	it is the intent of the Legislature to enhance the sanctions
80	imposed for nonviolent frauds and swindles, protect the public's
81	property, and assist in prosecuting white collar criminals.
82	(3)  As used in this section, "white collar crime" means:
83	(a)  The commission of, or a conspiracy to commit, any
84	felony offense specified in:
85	1.  Chapter 560, relating to the Money Transmitters' Code.
86	2.  Chapter 812, relating to theft, robbery, and related
87	crimes.
88	3.  Chapter 815, relating to computer-related crimes.
89	4.  Chapter 817, relating to fraudulent practices.
90	5.  Chapter 825, relating to abuse, neglect, and
91	exploitation of elderly persons and disabled adults.
92	6.  Chapter 831, relating to forgery and counterfeiting.
93	7.  Chapter 832, relating to the issuance of worthless
94	checks and drafts.
95	8.  Chapter 838, relating to bribery and misuse of public
96	office.
97	9.  Chapter 839, relating to offenses by public officers
98	and employees.
99	10.  Chapter 895, relating to offenses concerning
100	racketeering and illegal debts.
101	11.  Chapter 896, relating to offenses related to financial
102	transactions.
103	(b)  A felony offense that is committed with intent to
104	defraud or that involves a conspiracy to defraud.
105	(c)  A felony offense that is committed with intent to
106	temporarily or permanently deprive a person of his or her
107	property or that involves a conspiracy to temporarily or
108	permanently deprive a person of his or her property.
109	(d)  A felony offense that involves or results in the
110	commission of fraud or deceit upon a person or that involves a
111	conspiracy to commit fraud or deceit upon a person.
112	(4)  As used in this section, "aggravated white collar
113	crime" means engaging in at least two white collar crimes that
114	have the same or similar intents, results, accomplices, victims,
115	or methods of commission, or that are otherwise interrelated by
116	distinguishing characteristics and are not isolated incidents,
117	provided that at least one of such crimes occurred after the
118	effective date of this act.
119	(5)  Any person who commits an aggravated white collar
120	crime as defined in this section and in so doing either:
121	(a)  Victimizes 10 or more elderly persons, as defined in
122	s. 825.101(5);
123	(b)  Victimizes 20 or more persons, as defined in s. 1.01;
124	or
125	(c)  Victimizes the State of Florida, any state agency, any
126	of the state's political subdivisions, or any agency of the
127	state's political subdivisions,
128
129	and thereby obtains or attempts to obtain $50,000 or more,
130	commits a felony of the first degree, punishable as provided in
131	s. 775.082, s. 775.083, or s. 775.084. Except as otherwise
132	provided in this subsection, a person convicted of a violation
133	of paragraph (a) shall be sentenced to a mandatory minimum term
134	of imprisonment of 3 years. A person convicted of a violation of
135	paragraph (a) or paragraph (b) shall be sentenced to a mandatory
136	minimum term of imprisonment of 5 years if there were 20 or more
137	victims but fewer than 30 victims and a mandatory minimum term
138	of imprisonment of 10 years if there were 30 or more victims.
139	(6)  Notwithstanding any other provision of chapter 921 or
140	any other law, an aggravated white collar crime shall be ranked
141	within the offense severity ranking chart at offense severity
142	level 9.
143	(7)  In addition to a sentence otherwise authorized by law,
144	a person convicted of an aggravated white collar crime may pay a
145	fine of $500,000 or double the value of the pecuniary gain or
146	loss, whichever is greater.
147	(8)  A person convicted of an aggravated white collar crime
148	under this section is liable for all court costs and shall pay
149	restitution to each victim of the crime, regardless of whether
150	the victim is named in the information or indictment. As used in
151	this subsection, "victim" means a person directly and
152	proximately harmed as a result of the commission of the offense
153	for which restitution may be ordered, including any person
154	directly harmed by the defendant's criminal conduct in the
155	course of the commission of the aggravated white collar crime.
156	The court shall hold a hearing to determine the identity of
157	qualifying victims and shall order the defendant to pay
158	restitution based on his or her ability to pay, in accordance
159	with this section and s. 775.089.
160	(a)  The court shall make the payment of restitution a
161	condition of any probation granted to the defendant by the
162	court. Notwithstanding any other law, the court may order
163	continued probation for a defendant convicted under this section
164	for up to 10 years or until full restitution is made to the
165	victim, whichever occurs earlier.
166	(b)  The court retains jurisdiction to enforce its order to
167	pay fines or restitution. The court may initiate proceedings
168	against a defendant for a violation of probation or for contempt
169	of court if the defendant willfully fails to comply with a
170	lawful order of the court.
171	Section 4.  Paragraphs (c), (e), (f), and (g) of subsection
172	(3) of section 921.0022, Florida Statutes, are amended to read:
173	921.0022  Criminal Punishment Code; offense severity
174	ranking chart.-
175	(3)  OFFENSE SEVERITY RANKING CHART
176	(c)  LEVEL 3
177
	FloridaStatute FelonyDegree Description
178
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
179
	316.066  (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
180
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
181
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
182
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
183
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
184
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
185
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
186
	327.35(2)(b) 3rd Felony BUI.
187
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
188
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
189
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
190
	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.
191
	379.2431  (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
192
	400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
193
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
194
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
195
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
196
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
197
	626.902(1)(a) &  (b) 3rd Representing an unauthorized insurer.
198
	697.08 3rd Equity skimming.
199
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
200
	796.05(1) 3rd Live on earnings of a prostitute.
201
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
202
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
203
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
204
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
205
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $5,000 $10,000.
206
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
207
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications fraud; Act), property valued at less than $20,000.
208
	817.233 3rd Burning to defraud insurer.
209
	817.234  (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
210
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
211
	817.236 3rd Filing a false motor vehicle insurance application.
212
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
213
	817.413(2) 3rd Sale of used goods as new.
214
	817.505(4) 3rd Patient brokering.
215
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
216
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
217
	831.29 2nd Possession of instruments for counterfeiting driver drivers' licenses or identification cards.
218
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
219
	843.19 3rd Injure, disable, or kill police dog or horse.
220
	860.15(3) 3rd Overcharging for repairs and parts.
221
	870.01(2) 3rd Riot; inciting or encouraging.
222
	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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
223
	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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
224
	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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
225
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
226
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
227
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
228
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
229
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
230
	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.
231
	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.
232
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
233
	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.
234
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
235
	944.47  (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
236
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
237
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
238
239	(e)  LEVEL 5
240
	FloridaStatute FelonyDegree Description
241
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
242
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
243
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
244
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
245
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
246
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
247
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
248
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
249
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
250
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
251
	790.01(2) 3rd Carrying a concealed firearm.
252
	790.162 2nd Threat to throw or discharge destructive device.
253
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
254
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
255
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
256
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
257
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
258
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
259
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
260
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
261
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
262
	812.131(2)(b) 3rd Robbery by sudden snatching.
263
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
264
	817.034(4)(a)2. 2nd Communications fraud; property valued at , value $20,000 or more but less than to $50,000.
265
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
266
	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.
267
	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 individuals.
268
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
269
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
270
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
271
	827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
272
	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.
273
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
274
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
275
	847.0137  (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
276
	847.0138  (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
277
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
278
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
279
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
280
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
281
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
282
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
283
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
284
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
285
286	(f)  LEVEL 6
287
	FloridaStatute FelonyDegree Description
288
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
289
	499.0051(3) 2nd Knowing forgery of pedigree papers.
290
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
291
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
292
	775.0875(1) 3rd Taking firearm from law enforcement officer.
293
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
294
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
295
	784.041 3rd Felony battery; domestic battery by strangulation.
296
	784.048(3) 3rd Aggravated stalking; credible threat.
297
	784.048(5) 3rd Aggravated stalking of person under 16.
298
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
299
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
300
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
301
	784.081(2) 2nd Aggravated assault on specified official or employee.
302
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
303
	784.083(2) 2nd Aggravated assault on code inspector.
304
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
305
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
306
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
307
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
308
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
309
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
310
	794.05(1) 2nd Unlawful sexual activity with specified minor.
311
	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.
312
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
313
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
314
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
315
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
316
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
317
	812.0145(2)(b) 2nd Theft from person age 65 or older; property valued at $5,000 or more but less than $20,000.
318
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
319
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
320
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
321
	817.034(4)(a)1. 1st Communications fraud; property valued at , value greater than $50,000 or more.
322
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
323
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
324
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
325
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
326
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
327
	827.03(1) 3rd Abuse of a child.
328
	827.03(3)(c) 3rd Neglect of a child.
329
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
330
	836.05 2nd Threats; extortion.
331
	836.10 2nd Written threats to kill or do bodily injury.
332
	843.12 3rd Aids or assists person to escape.
333
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
334
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
335
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
336
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
337
	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.
338
	944.40 2nd Escapes.
339
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
340
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
341
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
342
343	(g)  LEVEL 7
344
	FloridaStatute FelonyDegree Description
345
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
346
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
347
	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.
348
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
349
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
350
	409.920  (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
351
	409.920  (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
352
	456.065(2) 3rd Practicing a health care profession without a license.
353
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
354
	458.327(1) 3rd Practicing medicine without a license.
355
	459.013(1) 3rd Practicing osteopathic medicine without a license.
356
	460.411(1) 3rd Practicing chiropractic medicine without a license.
357
	461.012(1) 3rd Practicing podiatric medicine without a license.
358
	462.17 3rd Practicing naturopathy without a license.
359
	463.015(1) 3rd Practicing optometry without a license.
360
	464.016(1) 3rd Practicing nursing without a license.
361
	465.015(2) 3rd Practicing pharmacy without a license.
362
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
363
	467.201 3rd Practicing midwifery without a license.
364
	468.366 3rd Delivering respiratory care services without a license.
365
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
366
	483.901(9) 3rd Practicing medical physics without a license.
367
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
368
	484.053 3rd Dispensing hearing aids without a license.
369
	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.
370
	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.
371
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
372
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
373
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver's license or identification card; other registration violations.
374
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
375
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
376
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
377
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
378
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
379
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
380
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
381
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
382
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
383
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
384
	784.048(7) 3rd Aggravated stalking; violation of court order.
385
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
386
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
387
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
388
	784.081(1) 1st Aggravated battery on specified official or employee.
389
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
390
	784.083(1) 1st Aggravated battery on code inspector.
391
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
392
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
393
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
394
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
395
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
396
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
397
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
398
	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.
399
	796.03 2nd Procuring any person under 16 years for prostitution.
400
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
401
	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.
402
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
403
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
404
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
405
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
406
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
407
	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.
408
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
409
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
410
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
411
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $20,000 $50,000 or more.
412
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
413
	812.131(2)(a) 2nd Robbery by sudden snatching.
414
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
415
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
416
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
417
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
418
	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.
419
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
420
	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.
421
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
422
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
423
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
424
	838.015 2nd Bribery.
425
	838.016 2nd Unlawful compensation or reward for official behavior.
426
	838.021(3)(a) 2nd Unlawful harm to a public servant.
427
	838.22 2nd Bid tampering.
428
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
429
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
430
	872.06 2nd Abuse of a dead human body.
431
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
432
	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.
433
	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.
434
	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).
435
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
436
	893.135  (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
437
	893.135  (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
438
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
439
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
440
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
441
	893.135  (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
442
	893.135  (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
443
	893.135  (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
444
	893.135  (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
445
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
446
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
447
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
448
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
449
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
450
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
451
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
452
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
453
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
454
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
455
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
456
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
457
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
458
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
459
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
460
461	Section 5.  This act shall take effect July 1, 2012.

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