Florida Senate - 2014                              CS for SB 588
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Richter
       
       
       
       
       586-01859-14                                           2014588c1
    1                        A bill to be entitled                      
    2         An act relating to offenses against vulnerable
    3         persons; amending s. 90.803, F.S.; revising when an
    4         out-of-court statement by an elderly person or
    5         disabled adult is admissible in certain proceedings;
    6         amending s. 817.568, F.S.; expanding applicability of
    7         prohibition on the fraudulent use of personal
    8         identification information of specified victims
    9         without consent to include persons 60 years of age or
   10         older; amending s. 825.101, F.S.; revising and
   11         deleting definitions; amending s. 825.103, F.S.;
   12         deleting a requirement that property of an elderly
   13         person or disabled adult be obtained by deception or
   14         intimidation in order to constitute exploitation of
   15         such a person; specifying additional circumstances
   16         that constitute a breach of a fiduciary duty and
   17         specifying when an unauthorized appropriation occurs;
   18         creating a presumption that certain inter vivos
   19         transfers are a result of exploitation; providing
   20         exceptions; providing for jury instructions concerning
   21         the presumption; revising the valuation of funds,
   22         assets, or property involved for various degrees of
   23         offenses of exploitation of an elderly person or
   24         disabled adult; providing for return of property
   25         seized from a defendant to the victim before trial in
   26         certain circumstances; amending ss. 775.0844 and
   27         921.0022, F.S.; conforming provisions to changes made
   28         by the act; reenacting s. 772.11(1), F.S., relating to
   29         a civil remedy for theft or exploitation, to
   30         incorporate the amendments made by the act to s.
   31         825.103, F.S., in a reference thereto; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (a) of subsection (24) of section
   37  90.803, Florida Statutes, is amended to read:
   38         90.803 Hearsay exceptions; availability of declarant
   39  immaterial.—The provision of s. 90.802 to the contrary
   40  notwithstanding, the following are not inadmissible as evidence,
   41  even though the declarant is available as a witness:
   42         (24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR
   43  DISABLED ADULT.—
   44         (a) Unless the source of information or the method or
   45  circumstances by which the statement is reported indicates a
   46  lack of trustworthiness, an out-of-court statement made by an
   47  elderly person or disabled adult, as defined in s. 825.101,
   48  describing any act of abuse or neglect, any act of exploitation,
   49  the offense of battery or aggravated battery or assault or
   50  aggravated assault or sexual battery, or any other violent act
   51  on the declarant elderly person or disabled adult, not otherwise
   52  admissible, is admissible in evidence in any civil or criminal
   53  proceeding if:
   54         1. The court finds in a hearing conducted outside the
   55  presence of the jury that the time, content, and circumstances
   56  of the statement provide sufficient safeguards of reliability.
   57  In making its determination, the court may consider the mental
   58  and physical age and maturity of the elderly person or disabled
   59  adult, the nature and duration of the abuse or offense, the
   60  relationship of the victim to the offender, the reliability of
   61  the assertion, the reliability of the elderly person or disabled
   62  adult, and any other factor deemed appropriate; and
   63         2. The elderly person or disabled adult either:
   64         a. Testifies; or
   65         b. is unavailable as a witness, provided that there is
   66  corroborative evidence of the abuse or offense. Unavailability
   67  shall include a finding by the court that the elderly person’s
   68  or disabled adult’s participation in the trial or proceeding
   69  would result in a substantial likelihood of severe emotional,
   70  mental, or physical harm, in addition to findings pursuant to s.
   71  90.804(1).
   72         Section 2. Subsections (6) and (7) of section 817.568,
   73  Florida Statutes, are amended to read:
   74         817.568 Criminal use of personal identification
   75  information.—
   76         (6) Any person who willfully and without authorization
   77  fraudulently uses personal identification information concerning
   78  an individual who is younger less than 18 years of age or 60
   79  years of age or older without first obtaining the consent of
   80  that individual or of his or her legal guardian commits a felony
   81  of the second degree, punishable as provided in s. 775.082, s.
   82  775.083, or s. 775.084.
   83         (7) Any person who is in the relationship of parent or
   84  legal guardian, or who otherwise exercises custodial authority
   85  over an individual who is younger less than 18 years of age or
   86  60 years of age or older, who willfully and fraudulently uses
   87  personal identification information of that individual commits a
   88  felony of the second degree, punishable as provided in s.
   89  775.082, s. 775.083, or s. 775.084.
   90         Section 3. Subsections (2), (3), and (8) of section
   91  825.101, Florida Statutes, are amended to read:
   92         825.101 Definitions.—As used in this chapter:
   93         (2) “Caregiver” means a person who has been entrusted with
   94  or has assumed responsibility for the care or the property of an
   95  elderly person or disabled adult. “Caregiver” includes, but is
   96  not limited to, relatives, court-appointed or voluntary
   97  guardians, adult household members, neighbors, health care
   98  providers, and employees and volunteers of facilities as defined
   99  in subsection (6) (7).
  100         (3) “Deception” means:
  101         (a) Misrepresenting or concealing a material fact relating
  102  to:
  103         1. Services rendered, disposition of property, or use of
  104  property, when such services or property are intended to benefit
  105  an elderly person or disabled adult;
  106         2. Terms of a contract or agreement entered into with an
  107  elderly person or disabled adult; or
  108         3. An existing or preexisting condition of any property
  109  involved in a contract or agreement entered into with an elderly
  110  person or disabled adult; or
  111         (b) Using any misrepresentation, false pretense, or false
  112  promise in order to induce, encourage, or solicit an elderly
  113  person or disabled adult to enter into a contract or agreement.
  114         (8) “Intimidation” means the communication by word or act
  115  to an elderly person or disabled adult that the elderly person
  116  or disabled adult will be deprived of food, nutrition, clothing,
  117  shelter, supervision, medicine, medical services, money, or
  118  financial support or will suffer physical violence.
  119         Section 4. Section 825.103, Florida Statutes, is amended to
  120  read:
  121         825.103 Exploitation of an elderly person or disabled
  122  adult; penalties.—
  123         (1) “Exploitation of an elderly person or disabled adult”
  124  means:
  125         (a) Knowingly, by deception or intimidation, obtaining or
  126  using, or endeavoring to obtain or use, an elderly person’s or
  127  disabled adult’s funds, assets, or property with the intent to
  128  temporarily or permanently deprive the elderly person or
  129  disabled adult of the use, benefit, or possession of the funds,
  130  assets, or property, or to benefit someone other than the
  131  elderly person or disabled adult, by a person who:
  132         1. Stands in a position of trust and confidence with the
  133  elderly person or disabled adult; or
  134         2. Has a business relationship with the elderly person or
  135  disabled adult;
  136         (b) Obtaining or using, endeavoring to obtain or use, or
  137  conspiring with another to obtain or use an elderly person’s or
  138  disabled adult’s funds, assets, or property with the intent to
  139  temporarily or permanently deprive the elderly person or
  140  disabled adult of the use, benefit, or possession of the funds,
  141  assets, or property, or to benefit someone other than the
  142  elderly person or disabled adult, by a person who knows or
  143  reasonably should know that the elderly person or disabled adult
  144  lacks the capacity to consent; or
  145         (c) Breach of a fiduciary duty to an elderly person or
  146  disabled adult by the person’s guardian or agent under a power
  147  of attorney which results in an unauthorized appropriation,
  148  sale, or transfer of property. An unauthorized appropriation
  149  under this paragraph occurs when the elderly person or disabled
  150  adult does not receive the reasonably equivalent financial value
  151  in goods or services, or when the fiduciary violates any of
  152  these duties:
  153         1. For agents appointed under chapter 709:
  154         a. Committing fraud in obtaining their appointments;
  155         b. Abusing their powers;
  156         c. Wasting, embezzling, or intentionally mismanaging the
  157  assets of the ward or beneficiary of the trust; or
  158         d. Acting contrary to the principal’s sole benefit or best
  159  interest.
  160         2. For guardians and trustees appointed under chapter 736
  161  or chapter 744:
  162         a. Committing fraud in obtaining their appointments;
  163         b. Abusing their powers; or
  164         c. Wasting, embezzling, or intentionally mismanaging the
  165  assets of the ward or beneficiary of the trust.
  166         (d) Misappropriating, misusing, or transferring without
  167  authorization money belonging to an elderly person or disabled
  168  adult from an account in which the elderly person or disabled
  169  adult placed the funds, owned the funds, and was the sole
  170  contributor or payee of the funds before the misappropriation,
  171  misuse, or unauthorized transfer. This paragraph only applies to
  172  the following types of accounts:
  173         1. Personal accounts;
  174         2. Joint accounts created with the intent that only the
  175  elderly person or disabled adult enjoys all rights, interests,
  176  and claims to moneys deposited into such account; or
  177         3. Convenience accounts created in accordance with s.
  178  655.80.
  179         (e) Intentionally or negligently failing to effectively use
  180  an elderly person’s or disabled adult’s income and assets for
  181  the necessities required for that person’s support and
  182  maintenance, by a caregiver or a person who stands in a position
  183  of trust and confidence with the elderly person or disabled
  184  adult.
  185         (2) Any inter vivos transfer of money or property valued in
  186  excess of $10,000 at the time of the transfer, whether in a
  187  single transaction or multiple transactions, by a person age 65
  188  or older to a nonrelative whom the transferor knew for fewer
  189  than 2 years before the first transfer and for which the
  190  transferor did not receive the reasonably equivalent financial
  191  value in goods or services creates a permissive presumption that
  192  the transfer was the result of exploitation.
  193         (a) This subsection applies regardless of whether the
  194  transfer or transfers are denoted by the parties as a gift or
  195  loan, except that it does not apply to a valid loan evidenced in
  196  writing that includes definite repayment dates. However, if
  197  repayment of any such loan is in default, in whole or in part,
  198  for more than 65 days, the presumption of this subsection
  199  applies.
  200         (b) This subsection does not apply to:
  201         1. Persons who are in the business of making loans.
  202         2. Bona fide charitable donations to nonprofit
  203  organizations that qualify for tax exempt status under the
  204  Internal Revenue Code.
  205         (c) In a criminal case to which this subsection applies, if
  206  the trial is by jury, jurors shall be instructed that they may,
  207  but are not required to, draw an inference of exploitation upon
  208  proof beyond a reasonable doubt of the facts listed in this
  209  subsection. The presumption of this subsection imposes no burden
  210  of proof on the defendant.
  211         (3)(2)(a) If the funds, assets, or property involved in the
  212  exploitation of the elderly person or disabled adult is valued
  213  at $50,000 $100,000 or more, the offender commits a felony of
  214  the first degree, punishable as provided in s. 775.082, s.
  215  775.083, or s. 775.084.
  216         (b) If the funds, assets, or property involved in the
  217  exploitation of the elderly person or disabled adult is valued
  218  at $10,000 $20,000 or more, but less than $50,000 $100,000, the
  219  offender commits a felony of the second degree, punishable as
  220  provided in s. 775.082, s. 775.083, or s. 775.084.
  221         (c) If the funds, assets, or property involved in the
  222  exploitation of an elderly person or disabled adult is valued at
  223  less than $10,000 $20,000, the offender commits a felony of the
  224  third degree, punishable as provided in s. 775.082, s. 775.083,
  225  or s. 775.084.
  226         (4) If a person is charged with financial exploitation of
  227  an elderly person or disabled adult that involves the taking of
  228  or loss of property valued at more than $5,000 and property
  229  belonging to a victim is seized from the defendant pursuant to a
  230  search warrant, the court shall hold an evidentiary hearing and
  231  determine, by a preponderance of the evidence, whether the
  232  defendant unlawfully obtained the victim’s property. If the
  233  court finds that the property was unlawfully obtained, the court
  234  may order it returned to the victim for restitution purposes
  235  before trial on the charge. This determination is inadmissible
  236  in evidence at trial on the charge and does not give rise to any
  237  inference that the defendant has committed an offense under this
  238  section.
  239         Section 5. Paragraph (a) of subsection (5) of section
  240  775.0844, Florida Statutes, is amended to read:
  241         775.0844 White Collar Crime Victim Protection Act.—
  242         (5) Any person who commits an aggravated white collar crime
  243  as defined in this section and in so doing either:
  244         (a) Victimizes 10 or more elderly persons, as defined in s.
  245  825.101(5);
  246  
  247  and thereby obtains or attempts to obtain $50,000 or more,
  248  commits a felony of the first degree, punishable as provided in
  249  s. 775.082, s. 775.083, or s. 775.084.
  250         Section 6. Paragraphs (f), (g), and (h) of subsection (3)
  251  of section 921.0022, Florida Statutes, are amended to read:
  252         921.0022 Criminal Punishment Code; offense severity ranking
  253  chart.—
  254         (3) OFFENSE SEVERITY RANKING CHART
  255         (f) LEVEL 6
  256  
  257  FloridaStatute    FelonyDegree           Description            
  258  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  259  499.0051(3)          2nd   Knowing forgery of pedigree papers.
  260  499.0051(4)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  261  499.0051(5)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  262  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  263  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  264  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  265  784.041              3rd   Felony battery; domestic battery by strangulation.
  266  784.048(3)           3rd   Aggravated stalking; credible threat.
  267  784.048(5)           3rd   Aggravated stalking of person under 16.
  268  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  269  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  270  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  271  784.081(2)           2nd   Aggravated assault on specified official or employee.
  272  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  273  784.083(2)           2nd   Aggravated assault on code inspector.
  274  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  275  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  276  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  277  790.164(1)           2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  278  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  279  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  280  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  281  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.
  282  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  283  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  284  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  285  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  286  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  287  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  288  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  289  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  290  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  291  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  292  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  293  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  294  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  295  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.
  296  827.03(2)(c)         3rd   Abuse of a child.                 
  297  827.03(2)(d)         3rd   Neglect of a child.               
  298  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  299  836.05               2nd   Threats; extortion.               
  300  836.10               2nd   Written threats to kill or do bodily injury.
  301  843.12               3rd   Aids or assists person to escape. 
  302  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  303  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  304  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  305  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  306  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.
  307  944.40               2nd   Escapes.                          
  308  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  309  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  310  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  311         (g) LEVEL 7
  312  
  313  
  314  FloridaStatute    FelonyDegree           Description            
  315  316.027(1)(b)        1st   Accident involving death, failure to stop; leaving scene.
  316  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  317  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.
  318  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  319  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  320  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  321  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  322  456.065(2)           3rd   Practicing a health care profession without a license.
  323  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  324  458.327(1)           3rd   Practicing medicine without a license.
  325  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  326  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  327  461.012(1)           3rd   Practicing podiatric medicine without a license.
  328  462.17               3rd   Practicing naturopathy without a license.
  329  463.015(1)           3rd   Practicing optometry without a license.
  330  464.016(1)           3rd   Practicing nursing without a license.
  331  465.015(2)           3rd   Practicing pharmacy without a license.
  332  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  333  467.201              3rd   Practicing midwifery without a license.
  334  468.366              3rd   Delivering respiratory care services without a license.
  335  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  336  483.901(9)           3rd   Practicing medical physics without a license.
  337  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  338  484.053              3rd   Dispensing hearing aids without a license.
  339  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.
  340  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.
  341  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  342  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  343  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  344  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  345  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  346  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  347  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  348  782.071              2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  349  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  350  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  351  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  352  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  353  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  354  784.048(7)           3rd   Aggravated stalking; violation of court order.
  355  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  356  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  357  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  358  784.081(1)           1st   Aggravated battery on specified official or employee.
  359  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  360  784.083(1)           1st   Aggravated battery on code inspector.
  361  787.06(3)(a)         1st   Human trafficking using coercion for labor and services.
  362  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.
  363  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  364  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  365  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  366  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  367  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  368  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  369  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  370  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.
  371  796.03               2nd   Procuring any person under 16 years for prostitution.
  372  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  373  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.
  374  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  375  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  376  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  377  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  378  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  379  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.
  380  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  381  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  382  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  383  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  384  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  385  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  386  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  387  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  388  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  389  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  390  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  391  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.
  392  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  393  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  394  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.
  395  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  396  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  397  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  398  838.015              2nd   Bribery.                          
  399  838.016              2nd   Unlawful compensation or reward for official behavior.
  400  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  401  838.22               2nd   Bid tampering.                    
  402  843.0855(2)          3rd   Impersonation of a public officer or employee.
  403  843.0855(3)          3rd   Unlawful simulation of legal process.
  404  843.0855(4)          3rd   Intimidation of a public officer or employee.
  405  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  406  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  407  872.06               2nd   Abuse of a dead human body.       
  408  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  409  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  410  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.
  411  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.
  412  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).
  413  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  414  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  415  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  416  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  417  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  418  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  419  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  420  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  421  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  422  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  423  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  424  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  425  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  426  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  427  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  428  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  429  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  430  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  431  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  432  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  433  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  434  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  435  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  436  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  437  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  438         (h) LEVEL 8
  439  
  440  
  441  FloridaStatute    FelonyDegree           Description            
  442  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  443  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  444  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  445  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  446  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  447  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.
  448  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.
  449  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  450  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  451  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.
  452  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  453  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  454  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  455  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity.
  456  787.06(3)(c)         1st   Human trafficking using coercion for labor and services of an unauthorized alien.
  457  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.
  458  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  459  794.011(5)           2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  460  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  461  800.04(4)            2nd   Lewd or lascivious battery.       
  462  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  463  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  464  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  465  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  466  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  467  812.13(2)(b)         1st   Robbery with a weapon.            
  468  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  469  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  470  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  471  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  472  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.
  473  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  474  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  475  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  476  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.
  477  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  478  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  479  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  480  860.16               1st   Aircraft piracy.                  
  481  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).
  482  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  483  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  484  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  485  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  486  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  487  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  488  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  489  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  490  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  491  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  492  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  493  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  494  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  495  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  496  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  497  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  498  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  499  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.
  500         Section 7. For the purpose of incorporating the amendment
  501  made by this act to section 825.103, Florida Statutes, in a
  502  reference thereto, subsection (1) of section 772.11, Florida
  503  Statutes, is reenacted to read:
  504         772.11 Civil remedy for theft or exploitation.—
  505         (1) Any person who proves by clear and convincing evidence
  506  that he or she has been injured in any fashion by reason of any
  507  violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of
  508  action for threefold the actual damages sustained and, in any
  509  such action, is entitled to minimum damages in the amount of
  510  $200, and reasonable attorney’s fees and court costs in the
  511  trial and appellate courts. Before filing an action for damages
  512  under this section, the person claiming injury must make a
  513  written demand for $200 or the treble damage amount of the
  514  person liable for damages under this section. If the person to
  515  whom a written demand is made complies with such demand within
  516  30 days after receipt of the demand, that person shall be given
  517  a written release from further civil liability for the specific
  518  act of theft or exploitation by the person making the written
  519  demand. Any person who has a cause of action under this section
  520  may recover the damages allowed under this section from the
  521  parents or legal guardian of any unemancipated minor who lives
  522  with his or her parents or legal guardian and who is liable for
  523  damages under this section. Punitive damages may not be awarded
  524  under this section. The defendant is entitled to recover
  525  reasonable attorney’s fees and court costs in the trial and
  526  appellate courts upon a finding that the claimant raised a claim
  527  that was without substantial fact or legal support. In awarding
  528  attorney’s fees and costs under this section, the court may not
  529  consider the ability of the opposing party to pay such fees and
  530  costs. This section does not limit any right to recover
  531  attorney’s fees or costs provided under any other law.
  532         Section 8. This act shall take effect October 1, 2014.