Florida Senate - 2016 CS for CS for CS for SB 912
By the Committees on Rules; Fiscal Policy; and Criminal Justice;
and Senators Flores, Soto, and Montford
595-04091-16 2016912c3
1 A bill to be entitled
2 An act relating to fraudulent activities associated
3 with payment systems; amending s. 316.80, F.S.;
4 revising the felony classification for unlawful
5 conveyance of fuel; amending s. 525.07, F.S.;
6 specifying requirements for managers of petroleum fuel
7 measuring devices with respect to accurate
8 measurement; requiring retail petroleum fuel measuring
9 devices fitted with scanning devices to have certain
10 security measures; providing requirements for such
11 measures; requiring the owner or operator of a device
12 to have certain security measures in place within a
13 specified timeframe upon notice from the Department of
14 Agriculture and Consumer Services; authorizing the
15 department, under certain circumstances, to prohibit
16 use of or to remove from service such devices that are
17 noncompliant; defining terms; providing applicability;
18 amending s. 817.58, F.S.; revising the definition of
19 “traffic”; amending s. 817.611, F.S.; defining the
20 term “related document”; revising the prohibition
21 against trafficking in or possession of counterfeit
22 credit cards; revising penalties; amending s.
23 921.0022, F.S.; revising the ranking of unlawful
24 conveyance or fraudulent acquisition of fuel on the
25 offense severity ranking chart; ranking trafficking in
26 or possession of counterfeit credit cards; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (2) of section 316.80, Florida
32 Statutes, is amended to read:
33 316.80 Unlawful conveyance of fuel; obtaining fuel
34 fraudulently.—
35 (2) A Any person who violates subsection (1) commits a
36 felony of the second third degree, punishable as provided in s.
37 775.082, s. 775.083, or s. 775.084, if he or she has attempted
38 to or has fraudulently obtained motor or diesel fuel by:
39 (a) Presenting a credit card or a credit card account
40 number in violation of ss. 817.57-817.685;
41 (b) Using unauthorized access to any computer network in
42 violation of s. 815.06; or
43 (c) Using a fraudulently scanned or lost or stolen payment
44 access device, whether credit card or contactless device.
45 Section 2. Subsections (3) and (4) of section 525.07,
46 Florida Statutes, are amended, and subsection (10) is added to
47 that section, to read:
48 525.07 Powers and duties of department; inspections;
49 unlawful acts.—
50 (3) Each person who owns or manages All persons who own or
51 operate a petroleum fuel measuring device shall be responsible
52 for ensuring accurate measure by the device within the
53 tolerances defined by the rule. An appropriate security seal
54 shall be placed on all measuring devices found to be giving
55 accurate measure within the tolerances defined by the department
56 in such a way that the metering adjustment cannot be changed
57 without breaking the seal.
58 (4) A Any measuring device that is found to be operating
59 outside the tolerances defined by the department shall be deemed
60 inaccurate and the department, at its discretion, shall either:
61 (a) Give, in writing, the operator or owner or manager of
62 the measuring device a reasonable time to repair the measuring
63 device; or
64 (b) Condemn or prohibit the further use of the measuring
65 device by using an appropriate security seal to obstruct the
66 mechanism so that it cannot be operated without breaking the
67 seal. The measuring device shall not be operated in this state
68 again without the written consent of the department.
69 (10)(a) Each person who owns or manages a retail petroleum
70 fuel measuring device shall have affixed to or installed onto
71 the measuring device a security measure to restrict the
72 unauthorized access of customer payment card information. The
73 security measure must include one or more of the following:
74 1. The placement of pressure-sensitive security tape over
75 the panel opening that leads to the scanning device for the
76 retail petroleum fuel measuring device in a manner that will
77 restrict the unauthorized opening of the panel.
78 2. A device or system that will render the retail petroleum
79 fuel measuring device or the scanning device in the measuring
80 device inoperable if there is an unauthorized opening of the
81 panel.
82 3. A device or system that encrypts the customer payment
83 card information in the scanning device.
84 4. Another security measure approved by the department.
85 (b) The owner or manager of a retail petroleum fuel
86 measuring device without a security measure or with an altered
87 or damaged security measure, upon written notice from the
88 department of such noncompliance, shall have 5 calendar days to
89 comply with this subsection. After the fifth day of
90 noncompliance, the department may prohibit further use of the
91 retail petroleum fuel measuring device until a security measure
92 is installed, replaced, or repaired. A repeat violation found on
93 the same retail petroleum fuel measuring device will be cause
94 for the department to immediately take the measuring device out
95 of service.
96 (c) For purposes of this subsection, the terms “scanning
97 device” and “payment card” have the same meanings as defined in
98 s. 817.625.
99 (d) This subsection applies only to retail petroleum fuel
100 measuring devices that have a scanning device.
101 Section 3. Subsection (10) of section 817.58, Florida
102 Statutes, is amended to read
103 817.58 Definitions.—As used in ss. 817.57-817.685:
104 (10) “Traffic” means to sell, transfer, distribute,
105 dispense, or otherwise dispose of a property or to buy, receive,
106 possess, obtain control of, or use property with the intent to
107 sell, transfer, distribute, dispense, or otherwise dispose of
108 such property.
109 Section 4. Section 817.611, Florida Statutes, is amended to
110 read:
111 817.611 Traffic in or possess counterfeit credit cards.—
112 (1) As used in this section, the term “related document”
113 means an invoice, a voucher, a sales draft, or other
114 representation or manifestation of a counterfeit credit card or
115 a credit card number of a cardholder if not authorized by the
116 cardholder.
117 (2) A Any person who traffics in, or attempts to traffic
118 in, or possesses 10 or more counterfeit credit cards or related
119 documents, invoices, vouchers, sales drafts, or other
120 representations or manifestations of counterfeit credit cards,
121 or credit card account numbers of another in any 6-month period
122 is guilty of:
123 (a) A felony of the second degree, punishable as provided
124 in s. 775.082, s. 775.083, or s. 775.084, if the person traffics
125 in, attempts to traffic in, or possesses 5 to 14 counterfeit
126 credit cards or related documents.
127 (b) A felony of the second degree, punishable as provided
128 in s. 775.082, s. 775.083, or s. 775.084, if the person traffics
129 in, attempts to traffic in, or possesses 15 to 49 counterfeit
130 credit cards or related documents.
131 (c) A felony of the first degree, punishable as provided in
132 s. 775.082, s. 775.083, or s. 775.084, if the person traffics
133 in, attempts to traffic in, or possesses 50 or more counterfeit
134 credit cards or related documents.
135 Section 5. Paragraphs (e), (g), and (h) of subsection (3)
136 of section 921.0022, Florida Statutes, are amended to read:
137 921.0022 Criminal Punishment Code; offense severity ranking
138 chart.—
139 (3) OFFENSE SEVERITY RANKING CHART
140 (e) LEVEL 5
141
142 FloridaStatute FelonyDegree Description
143 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
144 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
145 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
146 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
147 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
148 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
149 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
150 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
151 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
152 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
153 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
154 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
155 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
156 790.01(2) 3rd Carrying a concealed firearm.
157 790.162 2nd Threat to throw or discharge destructive device.
158 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
159 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
160 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
161 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
162 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
163 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
164 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
165 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
166 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
167 812.019(1) 2nd Stolen property; dealing in or trafficking in.
168 812.131(2)(b) 3rd Robbery by sudden snatching.
169 812.16(2) 3rd Owning, operating, or conducting a chop shop.
170 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
171 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
172 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
173 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
174 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
175 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
176 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
177 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
178 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
179 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
180 843.01 3rd Resist officer with violence to person; resist arrest with violence.
181 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
182 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
183 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
184 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
185 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
186 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
187 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
188 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
189 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
190 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
191 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
192 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
193
194 (g) LEVEL 7
195
196 FloridaStatute FelonyDegree Description
197 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
198 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
199 316.1935(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.
200 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
201 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
202 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
203 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
204 456.065(2) 3rd Practicing a health care profession without a license.
205 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
206 458.327(1) 3rd Practicing medicine without a license.
207 459.013(1) 3rd Practicing osteopathic medicine without a license.
208 460.411(1) 3rd Practicing chiropractic medicine without a license.
209 461.012(1) 3rd Practicing podiatric medicine without a license.
210 462.17 3rd Practicing naturopathy without a license.
211 463.015(1) 3rd Practicing optometry without a license.
212 464.016(1) 3rd Practicing nursing without a license.
213 465.015(2) 3rd Practicing pharmacy without a license.
214 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
215 467.201 3rd Practicing midwifery without a license.
216 468.366 3rd Delivering respiratory care services without a license.
217 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
218 483.901(9) 3rd Practicing medical physics without a license.
219 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
220 484.053 3rd Dispensing hearing aids without a license.
221 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
222 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
223 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
224 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
225 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
226 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
227 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
228 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
229 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
230 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
231 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
232 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
233 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
234 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
235 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
236 784.048(7) 3rd Aggravated stalking; violation of court order.
237 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
238 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
239 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
240 784.081(1) 1st Aggravated battery on specified official or employee.
241 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
242 784.083(1) 1st Aggravated battery on code inspector.
243 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
244 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
245 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
246 790.16(1) 1st Discharge of a machine gun under specified circumstances.
247 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
248 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
249 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
250 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
251 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
252 794.08(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.
253 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
254 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
255 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
256 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
257 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
258 806.01(2) 2nd Maliciously damage structure by fire or explosive.
259 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
260 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
261 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
262 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
263 812.014(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.
264 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
265 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
266 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
267 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
268 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
269 812.131(2)(a) 2nd Robbery by sudden snatching.
270 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
271 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
272 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
273 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
274 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
275 817.2341 (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.
276 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
277 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
278 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
279 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
280 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
281 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
282 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
283 838.015 2nd Bribery.
284 838.016 2nd Unlawful compensation or reward for official behavior.
285 838.021(3)(a) 2nd Unlawful harm to a public servant.
286 838.22 2nd Bid tampering.
287 843.0855(2) 3rd Impersonation of a public officer or employee.
288 843.0855(3) 3rd Unlawful simulation of legal process.
289 843.0855(4) 3rd Intimidation of a public officer or employee.
290 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
291 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
292 872.06 2nd Abuse of a dead human body.
293 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
294 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
295 893.13(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.
296 893.13(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.
297 893.13(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).
298 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
299 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
300 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
301 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
302 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
303 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
304 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
305 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
306 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
307 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
308 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
309 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
310 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
311 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
312 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
313 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
314 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
315 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
316 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
317 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
318 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
319 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
320 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
321 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
322 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
323 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
324 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
325 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
326 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
327
328 (h) LEVEL 8
329
330 FloridaStatute FelonyDegree Description
331 316.193 (3)(c)3.a. 2nd DUI manslaughter.
332 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
333 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
334 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
335 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
336 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
337 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
338 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
339 777.03(2)(a) 1st Accessory after the fact, capital felony.
340 782.04(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.
341 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
342 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
343 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
344 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
345 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
346 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
347 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
348 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
349 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
350 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
351 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
352 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
353 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
354 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
355 800.04(4)(b) 2nd Lewd or lascivious battery.
356 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
357 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
358 810.02(2)(a) 1st,PBL Burglary with assault or battery.
359 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
360 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
361 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
362 812.13(2)(b) 1st Robbery with a weapon.
363 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
364 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
365 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
366 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
367 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
368 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
369 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
370 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
371 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
372 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
373 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
374 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
375 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
376 860.16 1st Aircraft piracy.
377 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
378 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
379 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
380 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
381 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
382 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
383 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
384 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
385 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
386 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
387 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
388 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
389 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
390 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
391 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
392 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
393 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
394 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
395 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
396 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
397 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
398 Section 6. This act shall take effect October 1, 2016.