Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS for CS for HB 409
Ì663072ÊÎ663072
LEGISLATIVE ACTION
Senate . House
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Floor: 1/WD/3R .
04/28/2014 06:45 PM .
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Senator Abruzzo moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 73 - 529
4 and insert:
5 Florida Statutes, are amended, subsections (11) through (17) of
6 that section are redesignated as subsections (13) through (19),
7 respectively, and new subsections (11) and (12) are added to
8 that section, to read:
9 817.568 Criminal use of personal identification
10 information.—
11 (6) Any person who willfully and without authorization
12 fraudulently uses personal identification information concerning
13 an individual who is younger less than 18 years of age or 60
14 years of age or older without first obtaining the consent of
15 that individual or of his or her legal guardian commits a felony
16 of the second degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 (7) Any person who is in the relationship of parent or
19 legal guardian, or who otherwise exercises custodial authority
20 over an individual who is younger less than 18 years of age or
21 60 years of age or older, who willfully and fraudulently uses
22 personal identification information of that individual commits a
23 felony of the second degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084.
25 (11) A person who willfully and without authorization
26 fraudulently uses personal identification information concerning
27 an individual who is 60 years of age or older; a disabled adult
28 as defined in s. 825.101; a public servant as defined in s.
29 838.014; a veteran as defined in s. 1.01; a first responder as
30 defined in s. 125.01045; an individual who is employed by the
31 State of Florida; or an individual who is employed by the
32 Federal Government without first obtaining the consent of that
33 individual commits a felony of the second degree, punishable as
34 provided in s. 775.082, s. 775.083, or s. 775.084.
35 (12) In addition to any sanction imposed when a person
36 pleads guilty or nolo contendere to, or is found guilty of,
37 regardless of adjudication, a violation of this section, the
38 court shall impose a surcharge of $1,001. Payment of the
39 surcharge shall be a condition of probation, community control,
40 or any other court-ordered supervision.
41 (a) The sum of $500 of the surcharge shall be deposited
42 into the Department of Law Enforcement Operating Trust Fund for
43 the department to provide grants to local law enforcement
44 agencies to investigate offenses related to the criminal use of
45 personal identification information as provided in s. 943.0412.
46 (b) The sum of $500 of the surcharge shall be deposited
47 into the State Attorneys Revenue Trust Fund for the purpose of
48 funding prosecutions of offenses relating to the criminal use of
49 personal identification information.
50 (c) The clerk of the court shall retain $1 of each $1,001
51 surcharge that he or she collects as a service charge of the
52 clerk’s office.
53 (d) The surcharge may not be waived by the court. In the
54 event that the person has been ordered to pay restitution in
55 accordance with s. 775.089, the surcharge shall be included in a
56 judgment.
57 Section 3. Subsections (2), (3), and (8) of section
58 825.101, Florida Statutes, are amended to read:
59 825.101 Definitions.—As used in this chapter:
60 (2) “Caregiver” means a person who has been entrusted with
61 or has assumed responsibility for the care or the property of an
62 elderly person or disabled adult. “Caregiver” includes, but is
63 not limited to, relatives, court-appointed or voluntary
64 guardians, adult household members, neighbors, health care
65 providers, and employees and volunteers of facilities as defined
66 in subsection (6)(7).
67 (3) “Deception” means:
68 (a) Misrepresenting or concealing a material fact relating
69 to:
70 1. Services rendered, disposition of property, or use of
71 property, when such services or property are intended to benefit
72 an elderly person or disabled adult;
73 2. Terms of a contract or agreement entered into with an
74 elderly person or disabled adult; or
75 3. An existing or preexisting condition of any property
76 involved in a contract or agreement entered into with an elderly
77 person or disabled adult; or
78 (b) Using any misrepresentation, false pretense, or false
79 promise in order to induce, encourage, or solicit an elderly
80 person or disabled adult to enter into a contract or agreement.
81 (8) “Intimidation” means the communication by word or act
82 to an elderly person or disabled adult that the elderly person
83 or disabled adult will be deprived of food, nutrition, clothing,
84 shelter, supervision, medicine, medical services, money, or
85 financial support or will suffer physical violence.
86 Section 4. Section 825.103, Florida Statutes, is amended to
87 read:
88 825.103 Exploitation of an elderly person or disabled
89 adult; penalties.—
90 (1) “Exploitation of an elderly person or disabled adult”
91 means:
92 (a) Knowingly, by deception or intimidation, obtaining or
93 using, or endeavoring to obtain or use, an elderly person’s or
94 disabled adult’s funds, assets, or property with the intent to
95 temporarily or permanently deprive the elderly person or
96 disabled adult of the use, benefit, or possession of the funds,
97 assets, or property, or to benefit someone other than the
98 elderly person or disabled adult, by a person who:
99 1. Stands in a position of trust and confidence with the
100 elderly person or disabled adult; or
101 2. Has a business relationship with the elderly person or
102 disabled adult;
103 (b) Obtaining or using, endeavoring to obtain or use, or
104 conspiring with another to obtain or use an elderly person’s or
105 disabled adult’s funds, assets, or property with the intent to
106 temporarily or permanently deprive the elderly person or
107 disabled adult of the use, benefit, or possession of the funds,
108 assets, or property, or to benefit someone other than the
109 elderly person or disabled adult, by a person who knows or
110 reasonably should know that the elderly person or disabled adult
111 lacks the capacity to consent; or
112 (c) Breach of a fiduciary duty to an elderly person or
113 disabled adult by the person’s guardian, trustee who is an
114 individual, or agent under a power of attorney which results in
115 an unauthorized appropriation, sale, or transfer of property. An
116 unauthorized appropriation under this paragraph occurs when the
117 elderly person or disabled adult does not receive the reasonably
118 equivalent financial value in goods or services, or when the
119 fiduciary violates any of these duties:
120 1. For agents appointed under chapter 709:
121 a. Committing fraud in obtaining their appointments;
122 b. Abusing their powers;
123 c. Wasting, embezzling, or intentionally mismanaging the
124 assets of the principal or beneficiary; or
125 d. Acting contrary to the principal’s sole benefit or best
126 interest; or
127 2. For guardians and trustees who are individuals and who
128 are appointed under chapter 736 or chapter 744:
129 a. Committing fraud in obtaining their appointments;
130 b. Abusing their powers; or
131 c. Wasting, embezzling, or intentionally mismanaging the
132 assets of the ward or beneficiary of the trust;
133 (d) Misappropriating, misusing, or transferring without
134 authorization money belonging to an elderly person or disabled
135 adult from an account in which the elderly person or disabled
136 adult placed the funds, owned the funds, and was the sole
137 contributor or payee of the funds before the misappropriation,
138 misuse, or unauthorized transfer. This paragraph only applies to
139 the following types of accounts:
140 1. Personal accounts;
141 2. Joint accounts created with the intent that only the
142 elderly person or disabled adult enjoys all rights, interests,
143 and claims to moneys deposited into such account; or
144 3. Convenience accounts created in accordance with s.
145 655.80; or
146 (e) Intentionally or negligently failing to effectively use
147 an elderly person’s or disabled adult’s income and assets for
148 the necessities required for that person’s support and
149 maintenance, by a caregiver or a person who stands in a position
150 of trust and confidence with the elderly person or disabled
151 adult.
152 (2) Any inter vivos transfer of money or property valued in
153 excess of $10,000 at the time of the transfer, whether in a
154 single transaction or multiple transactions, by a person age 65
155 or older to a nonrelative whom the transferor knew for fewer
156 than 2 years before the first transfer and for which the
157 transferor did not receive the reasonably equivalent financial
158 value in goods or services creates a permissive presumption that
159 the transfer was the result of exploitation.
160 (a) This subsection applies regardless of whether the
161 transfer or transfers are denoted by the parties as a gift or
162 loan, except that it does not apply to a valid loan evidenced in
163 writing that includes definite repayment dates. However, if
164 repayment of any such loan is in default, in whole or in part,
165 for more than 65 days, the presumption of this subsection
166 applies.
167 (b) This subsection does not apply to:
168 1. Persons who are in the business of making loans.
169 2. Bona fide charitable donations to nonprofit
170 organizations that qualify for tax exempt status under the
171 Internal Revenue Code.
172 (c) In a criminal case to which this subsection applies, if
173 the trial is by jury, jurors shall be instructed that they may,
174 but are not required to, draw an inference of exploitation upon
175 proof beyond a reasonable doubt of the facts listed in this
176 subsection. The presumption of this subsection imposes no burden
177 of proof on the defendant.
178 (3)(2)(a) If the funds, assets, or property involved in the
179 exploitation of the elderly person or disabled adult is valued
180 at $50,000 $100,000 or more, the offender commits a felony of
181 the first degree, punishable as provided in s. 775.082, s.
182 775.083, or s. 775.084.
183 (b) If the funds, assets, or property involved in the
184 exploitation of the elderly person or disabled adult is valued
185 at $10,000 $20,000 or more, but less than $50,000 $100,000, the
186 offender commits a felony of the second degree, punishable as
187 provided in s. 775.082, s. 775.083, or s. 775.084.
188 (c) If the funds, assets, or property involved in the
189 exploitation of an elderly person or disabled adult is valued at
190 less than $10,000 $20,000, the offender commits a felony of the
191 third degree, punishable as provided in s. 775.082, s. 775.083,
192 or s. 775.084.
193 (4) If a person is charged with financial exploitation of
194 an elderly person or disabled adult that involves the taking of
195 or loss of property valued at more than $5,000 and property
196 belonging to a victim is seized from the defendant pursuant to a
197 search warrant, the court shall hold an evidentiary hearing and
198 determine, by a preponderance of the evidence, whether the
199 defendant unlawfully obtained the victim’s property. If the
200 court finds that the property was unlawfully obtained, the court
201 may order it returned to the victim for restitution purposes
202 before trial on the charge. This determination is inadmissible
203 in evidence at trial on the charge and does not give rise to any
204 inference that the defendant has committed an offense under this
205 section.
206 Section 5. Section 943.0412, Florida Statutes, is created
207 to read:
208 943.0412 Identity Theft and Fraud Grant Program.—
209 (1) There is created the Identity Theft and Fraud Grant
210 Program within the department to award grants to support local
211 law enforcement agencies in the investigation and enforcement of
212 personal identification information theft and fraud.
213 (2) Funds collected pursuant to s. 817.568(12)(a) and any
214 funds specifically appropriated for the grant program shall be
215 awarded annually by the department to local law enforcement
216 agencies. The total amount of grants awarded may not exceed
217 funding appropriated for the grant program.
218 (3) The department may establish criteria and set specific
219 time periods for the acceptance of applications and for the
220 selection process for awards.
221 Section 6. Paragraph (a) of subsection (5) of section
222 775.0844, Florida Statutes, is amended to read:
223 775.0844 White Collar Crime Victim Protection Act.—
224 (5) Any person who commits an aggravated white collar crime
225 as defined in this section and in so doing either:
226 (a) Victimizes 10 or more elderly persons, as defined in s.
227 825.101(5);
228
229 and thereby obtains or attempts to obtain $50,000 or more,
230 commits a felony of the first degree, punishable as provided in
231 s. 775.082, s. 775.083, or s. 775.084.
232 Section 7. Paragraphs (f), (g), and (h) of subsection (3)
233 of section 921.0022, Florida Statutes, are amended to read:
234 921.0022 Criminal Punishment Code; offense severity ranking
235 chart.—
236 (3) OFFENSE SEVERITY RANKING CHART
237 (f) LEVEL 6
238
239
240 FloridaStatute FelonyDegree Description
241 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
242 499.0051(3) 2nd Knowing forgery of pedigree papers.
243 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
244 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
245 775.0875(1) 3rd Taking firearm from law enforcement officer.
246 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
247 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
248 784.041 3rd Felony battery; domestic battery by strangulation.
249 784.048(3) 3rd Aggravated stalking; credible threat.
250 784.048(5) 3rd Aggravated stalking of person under 16.
251 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
252 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
253 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
254 784.081(2) 2nd Aggravated assault on specified official or employee.
255 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
256 784.083(2) 2nd Aggravated assault on code inspector.
257 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
258 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
259 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
260 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
261 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
262 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
263 794.05(1) 2nd Unlawful sexual activity with specified minor.
264 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
265 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
266 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
267 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
268 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
269 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
270 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
271 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
272 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
273 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
274 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
275 825.102(1) 3rd Abuse of an elderly person or disabled adult.
276 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
277 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
278 825.103(3)(c) 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000 $20,000.
279 827.03(2)(c) 3rd Abuse of a child.
280 827.03(2)(d) 3rd Neglect of a child.
281 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
282 836.05 2nd Threats; extortion.
283 836.10 2nd Written threats to kill or do bodily injury.
284 843.12 3rd Aids or assists person to escape.
285 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
286 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
287 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
288 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
289 944.35(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.
290 944.40 2nd Escapes.
291 944.46 3rd Harboring, concealing, aiding escaped prisoners.
292 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
293 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
294 (g) LEVEL 7
295
296
297 FloridaStatute FelonyDegree Description
298 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
299 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
300 316.1935(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.
301 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
302 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
303 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
304 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
305 456.065(2) 3rd Practicing a health care profession without a license.
306 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
307 458.327(1) 3rd Practicing medicine without a license.
308 459.013(1) 3rd Practicing osteopathic medicine without a license.
309 460.411(1) 3rd Practicing chiropractic medicine without a license.
310 461.012(1) 3rd Practicing podiatric medicine without a license.
311 462.17 3rd Practicing naturopathy without a license.
312 463.015(1) 3rd Practicing optometry without a license.
313 464.016(1) 3rd Practicing nursing without a license.
314 465.015(2) 3rd Practicing pharmacy without a license.
315 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
316 467.201 3rd Practicing midwifery without a license.
317 468.366 3rd Delivering respiratory care services without a license.
318 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
319 483.901(9) 3rd Practicing medical physics without a license.
320 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
321 484.053 3rd Dispensing hearing aids without a license.
322 494.0018(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.
323 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
324 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
325 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
326 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
327 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
328 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
329 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
330 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
331 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
332 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
333 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
334 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
335 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
336 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
337 784.048(7) 3rd Aggravated stalking; violation of court order.
338 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
339 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
340 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
341 784.081(1) 1st Aggravated battery on specified official or employee.
342 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
343 784.083(1) 1st Aggravated battery on code inspector.
344 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
345 787.06(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.
346 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
347 790.16(1) 1st Discharge of a machine gun under specified circumstances.
348 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
349 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
350 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
351 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
352 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
353 794.08(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.
354 796.03 2nd Procuring any person under 16 years for prostitution.
355 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
356 800.04(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.
357 806.01(2) 2nd Maliciously damage structure by fire or explosive.
358 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
359 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
360 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
361 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
362 812.014(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.
363 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
364 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
365 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
366 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
367 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
368 812.131(2)(a) 2nd Robbery by sudden snatching.
369 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
370 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
371 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
372 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
373 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
374 817.2341 (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.
375 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
376 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
377 825.103(3)(b) 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 $20,000 or more, but less than $50,000 $100,000.
378 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
379 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
380 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
381 838.015 2nd Bribery.
382 838.016 2nd Unlawful compensation or reward for official behavior.
383 838.021(3)(a) 2nd Unlawful harm to a public servant.
384 838.22 2nd Bid tampering.
385 843.0855(2) 3rd Impersonation of a public officer or employee.
386 843.0855(3) 3rd Unlawful simulation of legal process.
387 843.0855(4) 3rd Intimidation of a public officer or employee.
388 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
389 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
390 872.06 2nd Abuse of a dead human body.
391 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
392 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
393 893.13(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.
394 893.13(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.
395 893.13(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).
396 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
397 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
398 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
399 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
400 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
401 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
402 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
403 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
404 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
405 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
406 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
407 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
408 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
409 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
410 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
411 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
412 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
413 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
414 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
415 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
416 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
417 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
418 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
419 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
420 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
421 (h) LEVEL 8
422
423
424 FloridaStatute FelonyDegree Description
425 316.193 (3)(c)3.a. 2nd DUI manslaughter.
426 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
427 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
428 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
429 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
430 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
431 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
432 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
433 777.03(2)(a) 1st Accessory after the fact, capital felony.
434 782.04(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.
435 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
436 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
437 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
438 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
439 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
440 787.06(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.
441 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
442 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
443 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
444 800.04(4) 2nd Lewd or lascivious battery.
445 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
446 810.02(2)(a) 1st,PBL Burglary with assault or battery.
447 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
448 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
449 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
450 812.13(2)(b) 1st Robbery with a weapon.
451 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
452 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
453 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
454 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
455 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
456 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
457 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
458 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
459 825.103(3)(a) 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 $100,000 or more.
460 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
461 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
462 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
463 860.16 1st Aircraft piracy.
464 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
465 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
466 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
467 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
468 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
469 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
470 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
471 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
472 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
473 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
474 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
475 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
476 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
477 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
478 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
479 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
480 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
481 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
482 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
483 Section 8. For the purpose of incorporating the amendment
484 made by this act to section 825.103, Florida Statutes, in a
485 reference thereto, subsection (1) of section 772.11, Florida
486 Statutes, is reenacted to read:
487 772.11 Civil remedy for theft or exploitation.—
488 (1) Any person who proves by clear and convincing evidence
489 that he or she has been injured in any fashion by reason of any
490 violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of
491 action for threefold the actual damages sustained and, in any
492 such action, is entitled to minimum damages in the amount of
493 $200, and reasonable attorney’s fees and court costs in the
494 trial and appellate courts. Before filing an action for damages
495 under this section, the person claiming injury must make a
496 written demand for $200 or the treble damage amount of the
497 person liable for damages under this section. If the person to
498 whom a written demand is made complies with such demand within
499 30 days after receipt of the demand, that person shall be given
500 a written release from further civil liability for the specific
501 act of theft or exploitation by the person making the written
502 demand. Any person who has a cause of action under this section
503 may recover the damages allowed under this section from the
504 parents or legal guardian of any unemancipated minor who lives
505 with his or her parents or legal guardian and who is liable for
506 damages under this section. Punitive damages may not be awarded
507 under this section. The defendant is entitled to recover
508 reasonable attorney’s fees and court costs in the trial and
509 appellate courts upon a finding that the claimant raised a claim
510 that was without substantial fact or legal support. In awarding
511 attorney’s fees and costs under this section, the court may not
512 consider the ability of the opposing party to pay such fees and
513 costs. This section does not limit any right to recover
514 attorney’s fees or costs provided under any other law.
515 Section 9. (1) For the 2014-2015 fiscal year, the sum of
516 $72,000 in recurring funds is appropriated from the General
517 Revenue Fund to the Department of Law Enforcement for local law
518 enforcement grants as provided in s. 943.0412, Florida Statutes,
519 as created by this act.
520 (2) For the 2014-2015 fiscal year, the sum of $42,000 in
521 recurring funds is appropriated from the General Revenue Fund to
522 the Department of Law Enforcement, and one full-time equivalent
523 position with associated salary rate is authorized, to
524 administer the Identity Theft and Fraud Grant Program as
525 provided in s. 943.0412, Florida Statutes, as created by this
526 act.
527 (3) For the 2014-2015 fiscal year, the sum of $186,000 in
528 recurring funds is appropriated from the General Revenue Fund to
529 the State Attorneys Revenue Trust Fund to be distributed equally
530 to the state attorneys of the Eleventh, Fifteenth, and
531 Seventeenth Judicial Circuits for salaries and benefits for one
532 assistant state attorney in each circuit to prosecute personal
533 identification information theft and fraud offenses.
534
535 ================= T I T L E A M E N D M E N T ================
536 And the title is amended as follows:
537 Delete lines 2 - 31
538 and insert:
539 An act relating to offenses against vulnerable
540 persons; amending s. 90.803, F.S.; revising when an
541 out of court statement by an elderly person or
542 disabled adult is admissible in certain proceedings;
543 amending s. 817.568, F.S.; expanding applicability of
544 prohibition on the fraudulent use of personal
545 identification information of specified victims
546 without consent to include persons 60 years of age or
547 older; providing that it is unlawful for any person to
548 willfully and without authorization fraudulently use
549 personal identification information concerning
550 specified individuals without their consent; providing
551 criminal penalties; providing for a surcharge and
552 allocation thereof; amending s. 825.101, F.S.;
553 revising and deleting definitions; amending s.
554 825.103, F.S.; deleting a requirement that property of
555 an elderly person or disabled adult be obtained by
556 deception or intimidation in order to constitute
557 exploitation of such a person; specifying additional
558 circumstances that constitute a breach of a fiduciary
559 duty and specifying when an unauthorized appropriation
560 occurs; creating a presumption that certain inter
561 vivos transfers are a result of exploitation;
562 providing exceptions; providing for jury instructions
563 concerning the presumption; revising the valuation of
564 funds, assets, or property involved for various
565 degrees of offenses of exploitation of an elderly
566 person or disabled adult; providing for return of
567 property seized from a defendant to the victim before
568 trial in certain circumstances; creating s. 943.0412,
569 F.S.; providing legislative findings; creating the
570 Identity Theft and Fraud Grant Program; amending ss.
571 775.0844 and 921.0022, F.S.; conforming provisions to
572 changes made by the act; reenacting s. 772.11(1),
573 F.S., relating to a civil remedy for theft or
574 exploitation, to incorporate the amendments made by
575 the act to s. 825.103, F.S., in a reference thereto;
576 providing appropriations and authorizing a position;
577 providing an