Florida Senate - 2014                              CS for SB 360
       
       
        
       By the Committee on Appropriations; and Senators Bradley and
       Evers
       
       
       
       
       576-01907-14                                           2014360c1
    1                        A bill to be entitled                      
    2         An act relating to sentencing for controlled substance
    3         violations; amending s. 893.135, F.S.; providing that
    4         a person who knowingly sells, purchases, manufactures,
    5         delivers, or brings into this state specified
    6         quantities of hydrocodone or a mixture containing
    7         hydrocodone or who is knowingly in actual or
    8         constructive possession of specified quantities of
    9         hydrocodone or a mixture containing hydrocodone
   10         commits the offense of trafficking in hydrocodone;
   11         providing criminal penalties; providing that a person
   12         who knowingly sells, purchases, manufactures,
   13         delivers, or brings into this state specified
   14         quantities of oxycodone or a mixture containing
   15         oxycodone or who is knowingly in actual or
   16         constructive possession of specified quantities of
   17         oxycodone or a mixture containing oxycodone commits
   18         the offense of trafficking in oxycodone; providing
   19         criminal penalties; amending s. 921.0022, F.S.;
   20         ranking the offenses of trafficking in hydrocodone and
   21         trafficking in oxycodone for purposes of the criminal
   22         punishment code; reenacting s. 775.087(2)(a) and
   23         (3)(a), F.S., relating to mandatory minimum sentences
   24         for the possession or use of a weapon during the
   25         commission of certain offenses, to incorporate the
   26         amendments made to s. 893.135, F.S., in a reference
   27         thereto; reenacting s. 782.04(1)(a), (3), and (4),
   28         F.S., relating to the classification of a murder
   29         committed during the commission of certain offenses,
   30         to incorporate the amendments made to s. 893.135,
   31         F.S., in a reference thereto; providing an effective
   32         date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (c) of subsection (1) of section
   37  893.135, Florida Statutes, is amended to read:
   38         893.135 Trafficking; mandatory sentences; suspension or
   39  reduction of sentences; conspiracy to engage in trafficking.—
   40         (1) Except as authorized in this chapter or in chapter 499
   41  and notwithstanding the provisions of s. 893.13:
   42         (c)1. A Any person who knowingly sells, purchases,
   43  manufactures, delivers, or brings into this state, or who is
   44  knowingly in actual or constructive possession of, 4 grams or
   45  more of any morphine, opium, oxycodone, hydrocodone,
   46  hydromorphone, or any salt, derivative, isomer, or salt of an
   47  isomer thereof, including heroin, as described in s.
   48  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
   49  of any mixture containing any such substance, but less than 30
   50  kilograms of such substance or mixture, commits a felony of the
   51  first degree, which felony shall be known as “trafficking in
   52  illegal drugs,” punishable as provided in s. 775.082, s.
   53  775.083, or s. 775.084. If the quantity involved:
   54         a. Is 4 grams or more, but less than 14 grams, such person
   55  shall be sentenced to a mandatory minimum term of imprisonment
   56  of 3 years, and the defendant shall be ordered to pay a fine of
   57  $50,000.
   58         b. Is 14 grams or more, but less than 28 grams, such person
   59  shall be sentenced to a mandatory minimum term of imprisonment
   60  of 15 years, and the defendant shall be ordered to pay a fine of
   61  $100,000.
   62         c. Is 28 grams or more, but less than 30 kilograms, such
   63  person shall be sentenced to a mandatory minimum term of
   64  imprisonment of 25 calendar years and shall be ordered to pay a
   65  fine of $500,000.
   66         2. A person who knowingly sells, purchases, manufactures,
   67  delivers, or brings into this state, or who is knowingly in
   68  actual or constructive possession of, 14 grams or more of
   69  hydrocodone, or 14 grams or more of any mixture containing any
   70  such substance, commits a felony of the first degree, which
   71  felony shall be known as “trafficking in hydrocodone,”
   72  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   73  If the quantity involved:
   74         a. Is 14 grams or more, but less than 28 grams, such person
   75  shall be sentenced to a mandatory minimum term of imprisonment
   76  of 3 years and shall be ordered to pay a fine of $50,000.
   77         b. Is 28 grams or more, but less than 50 grams, such person
   78  shall be sentenced to a mandatory minimum term of imprisonment
   79  of 7 years and shall be ordered to pay a fine of $100,000.
   80         c. Is 50 grams or more, but less than 200 grams, such
   81  person shall be sentenced to a mandatory minimum term of
   82  imprisonment of 15 years and shall be ordered to pay a fine of
   83  $500,000.
   84         d. Is 200 grams or more, but less than 30 kilograms, such
   85  person shall be sentenced to a mandatory minimum term of
   86  imprisonment of 25 years and shall be ordered to pay a fine of
   87  $750,000.
   88         3. A person who knowingly sells, purchases, manufactures,
   89  delivers, or brings into this state, or who is knowingly in
   90  actual or constructive possession of, 7 grams or more of
   91  oxycodone, or 7 grams or more of any mixture containing any such
   92  substance, commits a felony of the first degree, which felony
   93  shall be known as “trafficking in oxycodone,” punishable as
   94  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   95  quantity involved:
   96         a. Is 7 grams or more, but less than 14 grams, such person
   97  shall be sentenced to a mandatory minimum term of imprisonment
   98  of 3 years and shall be ordered to pay a fine of $50,000.
   99         b. Is 14 grams or more, but less than 25 grams, such person
  100  shall be sentenced to a mandatory minimum term of imprisonment
  101  of 7 years and shall be ordered to pay a fine of $100,000.
  102         c. Is 25 grams or more, but less than 100 grams, such
  103  person shall be sentenced to a mandatory minimum term of
  104  imprisonment of 15 years and shall be ordered to pay a fine of
  105  $500,000.
  106         d. Is 100 grams or more, but less than 30 kilograms, such
  107  person shall be sentenced to a mandatory minimum term of
  108  imprisonment of 25 years and shall be ordered to pay a fine of
  109  $750,000.
  110         4.2.A Any person who knowingly sells, purchases,
  111  manufactures, delivers, or brings into this state, or who is
  112  knowingly in actual or constructive possession of, 30 kilograms
  113  or more of any morphine, opium, oxycodone, hydrocodone,
  114  hydromorphone, or any salt, derivative, isomer, or salt of an
  115  isomer thereof, including heroin, as described in s.
  116  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
  117  more of any mixture containing any such substance, commits the
  118  first degree felony of trafficking in illegal drugs. A person
  119  who has been convicted of the first degree felony of trafficking
  120  in illegal drugs under this subparagraph shall be punished by
  121  life imprisonment and is ineligible for any form of
  122  discretionary early release except pardon or executive clemency
  123  or conditional medical release under s. 947.149. However, if the
  124  court determines that, in addition to committing any act
  125  specified in this paragraph:
  126         a. The person intentionally killed an individual or
  127  counseled, commanded, induced, procured, or caused the
  128  intentional killing of an individual and such killing was the
  129  result; or
  130         b. The person’s conduct in committing that act led to a
  131  natural, though not inevitable, lethal result,
  132  
  133  such person commits the capital felony of trafficking in illegal
  134  drugs, punishable as provided in ss. 775.082 and 921.142. A Any
  135  person sentenced for a capital felony under this paragraph shall
  136  also be sentenced to pay the maximum fine provided under
  137  subparagraph 1.
  138         5.3.A Any person who knowingly brings into this state 60
  139  kilograms or more of any morphine, opium, oxycodone,
  140  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  141  salt of an isomer thereof, including heroin, as described in s.
  142  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  143  more of any mixture containing any such substance, and who knows
  144  that the probable result of such importation would be the death
  145  of a any person, commits capital importation of illegal drugs, a
  146  capital felony punishable as provided in ss. 775.082 and
  147  921.142. A Any person sentenced for a capital felony under this
  148  paragraph shall also be sentenced to pay the maximum fine
  149  provided under subparagraph 1.
  150         Section 2. Paragraphs (g) through (i) of subsection (3) of
  151  section 921.0022, Florida Statutes, are amended to read:
  152         921.0022 Criminal Punishment Code; offense severity ranking
  153  chart.—
  154         (3) OFFENSE SEVERITY RANKING CHART
  155         (g) LEVEL 7
  156  
  157  FloridaStatute             FelonyDegree        Description        
  158  316.027(1)(b)                  1st     Accident involving death, failure to stop; leaving scene.
  159  316.193(3)(c)2.                3rd     DUI resulting in serious bodily injury.
  160  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.
  161  327.35(3)(c)2.                 3rd     Vessel BUI resulting in serious bodily injury.
  162  402.319(2)                     2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  163  409.920 (2)(b)1.a.             3rd     Medicaid provider fraud; $10,000 or less.
  164  409.920 (2)(b)1.b.             2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  165  456.065(2)                     3rd     Practicing a health care profession without a license.
  166  456.065(2)                     2nd     Practicing a health care profession without a license which results in serious bodily injury.
  167  458.327(1)                     3rd     Practicing medicine without a license.
  168  459.013(1)                     3rd     Practicing osteopathic medicine without a license.
  169  460.411(1)                     3rd     Practicing chiropractic medicine without a license.
  170  461.012(1)                     3rd     Practicing podiatric medicine without a license.
  171  462.17                         3rd     Practicing naturopathy without a license.
  172  463.015(1)                     3rd     Practicing optometry without a license.
  173  464.016(1)                     3rd     Practicing nursing without a license.
  174  465.015(2)                     3rd     Practicing pharmacy without a license.
  175  466.026(1)                     3rd     Practicing dentistry or dental hygiene without a license.
  176  467.201                        3rd     Practicing midwifery without a license.
  177  468.366                        3rd     Delivering respiratory care services without a license.
  178  483.828(1)                     3rd     Practicing as clinical laboratory personnel without a license.
  179  483.901(9)                     3rd     Practicing medical physics without a license.
  180  484.013(1)(c)                  3rd     Preparing or dispensing optical devices without a prescription.
  181  484.053                        3rd     Dispensing hearing aids without a license.
  182  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.
  183  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.
  184  560.125(5)(a)                  3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  185  655.50(10)(b)1.                3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  186  775.21(10)(a)                  3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
  187  775.21(10)(b)                  3rd     Sexual predator working where children regularly congregate.
  188  775.21(10)(g)                  3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  189  782.051(3)                     2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  190  782.07(1)                      2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  191  782.071                        2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  192  782.072                        2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  193  784.045(1)(a)1.                2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  194  784.045(1)(a)2.                2nd     Aggravated battery; using deadly weapon.
  195  784.045(1)(b)                  2nd     Aggravated battery; perpetrator aware victim pregnant.
  196  784.048(4)                     3rd     Aggravated stalking; violation of injunction or court order.
  197  784.048(7)                     3rd     Aggravated stalking; violation of court order.
  198  784.07(2)(d)                   1st     Aggravated battery on law enforcement officer.
  199  784.074(1)(a)                  1st     Aggravated battery on sexually violent predators facility staff.
  200  784.08(2)(a)                   1st     Aggravated battery on a person 65 years of age or older.
  201  784.081(1)                     1st     Aggravated battery on specified official or employee.
  202  784.082(1)                     1st     Aggravated battery by detained person on visitor or other detainee.
  203  784.083(1)                     1st     Aggravated battery on code inspector.
  204  787.06(3)(a)                   1st     Human trafficking using coercion for labor and services.
  205  787.06(3)(e)                   1st     Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
  206  790.07(4)                      1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  207  790.16(1)                      1st     Discharge of a machine gun under specified circumstances.
  208  790.165(2)                     2nd     Manufacture, sell, possess, or deliver hoax bomb.
  209  790.165(3)                     2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  210  790.166(3)                     2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  211  790.166(4)                     2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  212  790.23                       1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  213  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.
  214  796.03                         2nd     Procuring any person under 16 years for prostitution.
  215  800.04(5)(c)1.                 2nd     Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  216  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.
  217  806.01(2)                      2nd     Maliciously damage structure by fire or explosive.
  218  810.02(3)(a)                   2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  219  810.02(3)(b)                   2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  220  810.02(3)(d)                   2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  221  810.02(3)(e)                   2nd     Burglary of authorized emergency vehicle.
  222  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.
  223  812.014(2)(b)2.                2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  224  812.014(2)(b)3.                2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  225  812.014(2)(b)4.                2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  226  812.0145(2)(a)                 1st     Theft from person 65 years of age or older; $50,000 or more.
  227  812.019(2)                     1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  228  812.131(2)(a)                  2nd     Robbery by sudden snatching.
  229  812.133(2)(b)                  1st     Carjacking; no firearm, deadly weapon, or other weapon.
  230  817.034(4)(a)1.                1st     Communications fraud, value greater than $50,000.
  231  817.234(8)(a)                  2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  232  817.234(9)                     2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  233  817.234(11)(c)                 1st     Insurance fraud; property value $100,000 or more.
  234  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.
  235  817.535(2)(a)                  3rd     Filing false lien or other unauthorized document.
  236  825.102(3)(b)                  2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  237  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.
  238  827.03(2)(b)                   2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  239  827.04(3)                      3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  240  837.05(2)                      3rd     Giving false information about alleged capital felony to a law enforcement officer.
  241  838.015                        2nd     Bribery.                   
  242  838.016                        2nd     Unlawful compensation or reward for official behavior.
  243  838.021(3)(a)                  2nd     Unlawful harm to a public servant.
  244  838.22                         2nd     Bid tampering.             
  245  843.0855(2)                    3rd     Impersonation of a public officer or employee.
  246  843.0855(3)                    3rd     Unlawful simulation of legal process.
  247  843.0855(4)                    3rd     Intimidation of a public officer or employee.
  248  847.0135(3)                    3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  249  847.0135(4)                    2nd     Traveling to meet a minor to commit an unlawful sex act.
  250  872.06                         2nd     Abuse of a dead human body.
  251  874.05(2)(b)                   1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  252  874.10                       1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  253  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.
  254  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.
  255  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).
  256  893.135(1)(a)1.                1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  257  893.135 (1)(b)1.a.             1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  258  893.135 (1)(c)1.a.             1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  259  893.135(1)(c)2.a.              1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  260  893.135(1)(c)2.b.              1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  261  893.135(1)(c)3.a.              1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  262  893.135(1)(c)3.b.              1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  263  893.135(1)(d)1.                1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  264  893.135(1)(e)1.                1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  265  893.135(1)(f)1.                1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  266  893.135 (1)(g)1.a.             1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  267  893.135 (1)(h)1.a.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  268  893.135 (1)(j)1.a.             1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  269  893.135 (1)(k)2.a.             1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  270  893.1351(2)                    2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  271  896.101(5)(a)                  3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  272  896.104(4)(a)1.                3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  273  943.0435(4)(c)                 2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  274  943.0435(8)                    2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  275  943.0435(9)(a)                 3rd     Sexual offender; failure to comply with reporting requirements.
  276  943.0435(13)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  277  943.0435(14)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  278  944.607(9)                     3rd     Sexual offender; failure to comply with reporting requirements.
  279  944.607(10)(a)                 3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  280  944.607(12)                    3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  281  944.607(13)                    3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  282  985.4815(10)                   3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  283  985.4815(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  284  985.4815(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  285  
  286         (h) LEVEL 8
  287  
  288  FloridaStatute              FelonyDegree        Description        
  289  316.193 (3)(c)3.a.               2nd     DUI manslaughter.         
  290  316.1935(4)(b)                   1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  291  327.35(3)(c)3.                   2nd     Vessel BUI manslaughter.  
  292  499.0051(7)                      1st     Knowing trafficking in contraband prescription drugs.
  293  499.0051(8)                      1st     Knowing forgery of prescription labels or prescription drug labels.
  294  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.
  295  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.
  296  655.50(10)(b)2.                  2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  297  777.03(2)(a)                     1st     Accessory after the fact, capital felony.
  298  782.04(4)                        2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  299  782.051(2)                       1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  300  782.071(1)(b)                    1st     Committing vehicular homicide and failing to render aid or give information.
  301  782.072(2)                       1st     Committing vessel homicide and failing to render aid or give information.
  302  787.06(3)(b)                     1st     Human trafficking using coercion for commercial sexual activity.
  303  787.06(3)(c)                     1st     Human trafficking using coercion for labor and services of an unauthorized alien.
  304  787.06(3)(f)                     1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
  305  790.161(3)                       1st     Discharging a destructive device which results in bodily harm or property damage.
  306  794.011(5)                       2nd     Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  307  794.08(3)                        2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  308  800.04(4)                        2nd     Lewd or lascivious battery.
  309  806.01(1)                        1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  310  810.02(2)(a)                   1st,PBL   Burglary with assault or battery.
  311  810.02(2)(b)                   1st,PBL   Burglary; armed with explosives or dangerous weapon.
  312  810.02(2)(c)                     1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  313  812.014(2)(a)2.                  1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  314  812.13(2)(b)                     1st     Robbery with a weapon.    
  315  812.135(2)(c)                    1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  316  817.535(2)(b)                    2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  317  817.535(3)(a)                    2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  318  817.535(4)(a)1.                  2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  319  817.535(5)(a)                    2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  320  817.568(6)                       2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  321  825.102(2)                       1st     Aggravated abuse of an elderly person or disabled adult.
  322  825.1025(2)                      2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  323  825.103(2)(a)                    1st     Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  324  837.02(2)                        2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  325  837.021(2)                       2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  326  860.121(2)(c)                    1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  327  860.16                           1st     Aircraft piracy.          
  328  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).
  329  893.13(2)(b)                     1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  330  893.13(6)(c)                     1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  331  893.135(1)(a)2.                  1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  332  893.135 (1)(b)1.b.               1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  333  893.135 (1)(c)1.b.               1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  334  893.135(1)(c)2.c.                1st     Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
  335  893.135(1)(c)3.c.                1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  336  893.135 (1)(d)1.b.               1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  337  893.135 (1)(e)1.b.               1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  338  893.135 (1)(f)1.b.               1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  339  893.135 (1)(g)1.b.               1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  340  893.135 (1)(h)1.b.               1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  341  893.135 (1)(j)1.b.               1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  342  893.135 (1)(k)2.b.               1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  343  893.1351(3)                      1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  344  895.03(1)                        1st     Use or invest proceeds derived from pattern of racketeering activity.
  345  895.03(2)                        1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  346  895.03(3)                        1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  347  896.101(5)(b)                    2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  348  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.
  349  
  350         (i) LEVEL 9
  351  
  352  FloridaStatute              FelonyDegree        Description        
  353  316.193 (3)(c)3.b.               1st     DUI manslaughter; failing to render aid or give information.
  354  327.35(3)(c)3.b.                 1st     BUI manslaughter; failing to render aid or give information.
  355  409.920 (2)(b)1.c.               1st     Medicaid provider fraud; $50,000 or more.
  356  499.0051(9)                      1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  357  560.123(8)(b)3.                  1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  358  560.125(5)(c)                    1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  359  655.50(10)(b)3.                  1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  360  775.0844                         1st     Aggravated white collar crime.
  361  782.04(1)                        1st     Attempt, conspire, or solicit to commit premeditated murder.
  362  782.04(3)                      1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  363  782.051(1)                       1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  364  782.07(2)                        1st     Aggravated manslaughter of an elderly person or disabled adult.
  365  787.01(1)(a)1.                 1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  366  787.01(1)(a)2.                 1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  367  787.01(1)(a)4.                 1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  368  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.
  369  787.06(3)(d)                     1st     Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  370  787.06(3)(g)                   1st,PBL   Human trafficking for commercial sexual activity of a child under the age of 18.
  371  787.06(4)                        1st     Selling or buying of minors into human trafficking.
  372  790.161                          1st     Attempted capital destructive device offense.
  373  790.166(2)                     1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  374  794.011(2)                       1st     Attempted sexual battery; victim less than 12 years of age.
  375  794.011(2)                      Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  376  794.011(4)                       1st     Sexual battery; victim 12 years or older, certain circumstances.
  377  794.011(8)(b)                    1st     Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  378  794.08(2)                        1st     Female genital mutilation; victim younger than 18 years of age.
  379  796.035                          1st     Selling or buying of minors into prostitution.
  380  800.04(5)(b)                    Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  381  812.13(2)(a)                   1st,PBL   Robbery with firearm or other deadly weapon.
  382  812.133(2)(a)                  1st,PBL   Carjacking; firearm or other deadly weapon.
  383  812.135(2)(b)                    1st     Home-invasion robbery with weapon.
  384  817.535(3)(b)                    1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  385  817.535(4)(a)2.                  1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  386  817.535(5)(b)                    1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  387  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.
  388  827.03(2)(a)                     1st     Aggravated child abuse.   
  389  847.0145(1)                      1st     Selling, or otherwise transferring custody or control, of a minor.
  390  847.0145(2)                      1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  391  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.
  392  893.135                          1st     Attempted capital trafficking offense.
  393  893.135(1)(a)3.                  1st     Trafficking in cannabis, more than 10,000 lbs.
  394  893.135 (1)(b)1.c.               1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  395  893.135 (1)(c)1.c.               1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  396  893.135(1)(c)2.d.                1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
  397  893.135(1)(c)3.d.                1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  398  893.135 (1)(d)1.c.               1st     Trafficking in phencyclidine, more than 400 grams.
  399  893.135 (1)(e)1.c.               1st     Trafficking in methaqualone, more than 25 kilograms.
  400  893.135 (1)(f)1.c.               1st     Trafficking in amphetamine, more than 200 grams.
  401  893.135 (1)(h)1.c.               1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  402  893.135 (1)(j)1.c.               1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  403  893.135 (1)(k)2.c.               1st     Trafficking in Phenethylamines, 400 grams or more.
  404  896.101(5)(c)                    1st     Money laundering, financial instruments totaling or exceeding $100,000.
  405  896.104(4)(a)3.                  1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  406  
  407         Section 3. For the purpose of incorporating the amendment
  408  made by this act to section 893.135, Florida Statutes, in a
  409  reference thereto, paragraph (a) of subsection (2) and paragraph
  410  (a) of subsection (3) of section 775.087, Florida Statutes, are
  411  reenacted to read:
  412         775.087 Possession or use of weapon; aggravated battery;
  413  felony reclassification; minimum sentence.—
  414         (2)(a)1. Any person who is convicted of a felony or an
  415  attempt to commit a felony, regardless of whether the use of a
  416  weapon is an element of the felony, and the conviction was for:
  417         a. Murder;
  418         b. Sexual battery;
  419         c. Robbery;
  420         d. Burglary;
  421         e. Arson;
  422         f. Aggravated assault;
  423         g. Aggravated battery;
  424         h. Kidnapping;
  425         i. Escape;
  426         j. Aircraft piracy;
  427         k. Aggravated child abuse;
  428         l. Aggravated abuse of an elderly person or disabled adult;
  429         m. Unlawful throwing, placing, or discharging of a
  430  destructive device or bomb;
  431         n. Carjacking;
  432         o. Home-invasion robbery;
  433         p. Aggravated stalking;
  434         q. Trafficking in cannabis, trafficking in cocaine, capital
  435  importation of cocaine, trafficking in illegal drugs, capital
  436  importation of illegal drugs, trafficking in phencyclidine,
  437  capital importation of phencyclidine, trafficking in
  438  methaqualone, capital importation of methaqualone, trafficking
  439  in amphetamine, capital importation of amphetamine, trafficking
  440  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  441  (GHB), trafficking in 1,4-Butanediol, trafficking in
  442  Phenethylamines, or other violation of s. 893.135(1); or
  443         r. Possession of a firearm by a felon
  444  
  445  and during the commission of the offense, such person actually
  446  possessed a “firearm” or “destructive device” as those terms are
  447  defined in s. 790.001, shall be sentenced to a minimum term of
  448  imprisonment of 10 years, except that a person who is convicted
  449  for aggravated assault, possession of a firearm by a felon, or
  450  burglary of a conveyance shall be sentenced to a minimum term of
  451  imprisonment of 3 years if such person possessed a “firearm” or
  452  “destructive device” during the commission of the offense.
  453  However, if an offender who is convicted of the offense of
  454  possession of a firearm by a felon has a previous conviction of
  455  committing or attempting to commit a felony listed in s.
  456  775.084(1)(b)1. and actually possessed a firearm or destructive
  457  device during the commission of the prior felony, the offender
  458  shall be sentenced to a minimum term of imprisonment of 10
  459  years.
  460         2. Any person who is convicted of a felony or an attempt to
  461  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  462  regardless of whether the use of a weapon is an element of the
  463  felony, and during the course of the commission of the felony
  464  such person discharged a “firearm” or “destructive device” as
  465  defined in s. 790.001 shall be sentenced to a minimum term of
  466  imprisonment of 20 years.
  467         3. Any person who is convicted of a felony or an attempt to
  468  commit a felony listed in sub-subparagraphs (a)1.a.-q.,
  469  regardless of whether the use of a weapon is an element of the
  470  felony, and during the course of the commission of the felony
  471  such person discharged a “firearm” or “destructive device” as
  472  defined in s. 790.001 and, as the result of the discharge, death
  473  or great bodily harm was inflicted upon any person, the
  474  convicted person shall be sentenced to a minimum term of
  475  imprisonment of not less than 25 years and not more than a term
  476  of imprisonment of life in prison.
  477         (3)(a)1. Any person who is convicted of a felony or an
  478  attempt to commit a felony, regardless of whether the use of a
  479  firearm is an element of the felony, and the conviction was for:
  480         a. Murder;
  481         b. Sexual battery;
  482         c. Robbery;
  483         d. Burglary;
  484         e. Arson;
  485         f. Aggravated assault;
  486         g. Aggravated battery;
  487         h. Kidnapping;
  488         i. Escape;
  489         j. Sale, manufacture, delivery, or intent to sell,
  490  manufacture, or deliver any controlled substance;
  491         k. Aircraft piracy;
  492         l. Aggravated child abuse;
  493         m. Aggravated abuse of an elderly person or disabled adult;
  494         n. Unlawful throwing, placing, or discharging of a
  495  destructive device or bomb;
  496         o. Carjacking;
  497         p. Home-invasion robbery;
  498         q. Aggravated stalking; or
  499         r. Trafficking in cannabis, trafficking in cocaine, capital
  500  importation of cocaine, trafficking in illegal drugs, capital
  501  importation of illegal drugs, trafficking in phencyclidine,
  502  capital importation of phencyclidine, trafficking in
  503  methaqualone, capital importation of methaqualone, trafficking
  504  in amphetamine, capital importation of amphetamine, trafficking
  505  in flunitrazepam, trafficking in gamma-hydroxybutyric acid
  506  (GHB), trafficking in 1,4-Butanediol, trafficking in
  507  Phenethylamines, or other violation of s. 893.135(1);
  508  
  509  and during the commission of the offense, such person possessed
  510  a semiautomatic firearm and its high-capacity detachable box
  511  magazine or a machine gun as defined in s. 790.001, shall be
  512  sentenced to a minimum term of imprisonment of 15 years.
  513         2. Any person who is convicted of a felony or an attempt to
  514  commit a felony listed in subparagraph (a)1., regardless of
  515  whether the use of a weapon is an element of the felony, and
  516  during the course of the commission of the felony such person
  517  discharged a semiautomatic firearm and its high-capacity box
  518  magazine or a “machine gun” as defined in s. 790.001 shall be
  519  sentenced to a minimum term of imprisonment of 20 years.
  520         3. Any person who is convicted of a felony or an attempt to
  521  commit a felony listed in subparagraph (a)1., regardless of
  522  whether the use of a weapon is an element of the felony, and
  523  during the course of the commission of the felony such person
  524  discharged a semiautomatic firearm and its high-capacity box
  525  magazine or a “machine gun” as defined in s. 790.001 and, as the
  526  result of the discharge, death or great bodily harm was
  527  inflicted upon any person, the convicted person shall be
  528  sentenced to a minimum term of imprisonment of not less than 25
  529  years and not more than a term of imprisonment of life in
  530  prison.
  531         Section 4. For the purpose of incorporating the amendment
  532  made by this act to section 893.135, Florida Statutes, in a
  533  reference thereto, paragraph (a) of subsection (1) and
  534  subsections (3) and (4) of section 782.04, Florida Statutes, are
  535  reenacted to read:
  536         782.04 Murder.—
  537         (1)(a) The unlawful killing of a human being:
  538         1. When perpetrated from a premeditated design to effect
  539  the death of the person killed or any human being;
  540         2. When committed by a person engaged in the perpetration
  541  of, or in the attempt to perpetrate, any:
  542         a. Trafficking offense prohibited by s. 893.135(1),
  543         b. Arson,
  544         c. Sexual battery,
  545         d. Robbery,
  546         e. Burglary,
  547         f. Kidnapping,
  548         g. Escape,
  549         h. Aggravated child abuse,
  550         i. Aggravated abuse of an elderly person or disabled adult,
  551         j. Aircraft piracy,
  552         k. Unlawful throwing, placing, or discharging of a
  553  destructive device or bomb,
  554         l. Carjacking,
  555         m. Home-invasion robbery,
  556         n. Aggravated stalking,
  557         o. Murder of another human being,
  558         p. Resisting an officer with violence to his or her person,
  559         q. Aggravated fleeing or eluding with serious bodily injury
  560  or death,
  561         r. Felony that is an act of terrorism or is in furtherance
  562  of an act of terrorism; or
  563         3. Which resulted from the unlawful distribution of any
  564  substance controlled under s. 893.03(1), cocaine as described in
  565  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  566  compound, derivative, or preparation of opium, or methadone by a
  567  person 18 years of age or older, when such drug is proven to be
  568  the proximate cause of the death of the user,
  569  
  570  is murder in the first degree and constitutes a capital felony,
  571  punishable as provided in s. 775.082.
  572         (3) When a human being is killed during the perpetration
  573  of, or during the attempt to perpetrate, any:
  574         (a) Trafficking offense prohibited by s. 893.135(1),
  575         (b) Arson,
  576         (c) Sexual battery,
  577         (d) Robbery,
  578         (e) Burglary,
  579         (f) Kidnapping,
  580         (g) Escape,
  581         (h) Aggravated child abuse,
  582         (i) Aggravated abuse of an elderly person or disabled
  583  adult,
  584         (j) Aircraft piracy,
  585         (k) Unlawful throwing, placing, or discharging of a
  586  destructive device or bomb,
  587         (l) Carjacking,
  588         (m) Home-invasion robbery,
  589         (n) Aggravated stalking,
  590         (o) Murder of another human being,
  591         (p) Aggravated fleeing or eluding with serious bodily
  592  injury or death,
  593         (q) Resisting an officer with violence to his or her
  594  person, or
  595         (r) Felony that is an act of terrorism or is in furtherance
  596  of an act of terrorism,
  597  
  598  by a person other than the person engaged in the perpetration of
  599  or in the attempt to perpetrate such felony, the person
  600  perpetrating or attempting to perpetrate such felony commits
  601  murder in the second degree, which constitutes a felony of the
  602  first degree, punishable by imprisonment for a term of years not
  603  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  604  775.084.
  605         (4) The unlawful killing of a human being, when perpetrated
  606  without any design to effect death, by a person engaged in the
  607  perpetration of, or in the attempt to perpetrate, any felony
  608  other than any:
  609         (a) Trafficking offense prohibited by s. 893.135(1),
  610         (b) Arson,
  611         (c) Sexual battery,
  612         (d) Robbery,
  613         (e) Burglary,
  614         (f) Kidnapping,
  615         (g) Escape,
  616         (h) Aggravated child abuse,
  617         (i) Aggravated abuse of an elderly person or disabled
  618  adult,
  619         (j) Aircraft piracy,
  620         (k) Unlawful throwing, placing, or discharging of a
  621  destructive device or bomb,
  622         (l) Unlawful distribution of any substance controlled under
  623  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  624  opium or any synthetic or natural salt, compound, derivative, or
  625  preparation of opium by a person 18 years of age or older, when
  626  such drug is proven to be the proximate cause of the death of
  627  the user,
  628         (m) Carjacking,
  629         (n) Home-invasion robbery,
  630         (o) Aggravated stalking,
  631         (p) Murder of another human being,
  632         (q) Aggravated fleeing or eluding with serious bodily
  633  injury or death,
  634         (r) Resisting an officer with violence to his or her
  635  person, or
  636         (s) Felony that is an act of terrorism or is in furtherance
  637  of an act of terrorism,
  638  
  639  is murder in the third degree and constitutes a felony of the
  640  second degree, punishable as provided in s. 775.082, s. 775.083,
  641  or s. 775.084.
  642         Section 5. This act shall take effect July 1, 2014.