Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for HB 7125
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LEGISLATIVE ACTION
Senate . House
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Senator Stewart moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 2952 - 3207
4 and insert:
5 Section 46. Paragraph (b) of subsection (11) of section
6 381.0041, Florida Statutes, is amended to read:
7 381.0041 Donation and transfer of human tissue; testing
8 requirements.—
9 (11)
10 (b) Any person who has human immunodeficiency virus
11 infection, who knows he or she is infected with human
12 immunodeficiency virus, and who has been informed that he or she
13 may communicate this disease by donating blood, plasma, organs,
14 skin, or other human tissue who donates blood, plasma, organs,
15 skin, or other human tissue for use in another person, other
16 than a person who knows he or she is infected with human
17 immunodeficiency virus, is guilty of a felony of the third
18 degree, punishable as provided in s. 775.082, s. 775.083, or s.
19 775.084.
20 Section 47. Present subsection (3) of section 384.23,
21 Florida Statutes, is redesignated as subsection (4), and a new
22 subsection (3) and subsection (5) are added to that section, to
23 read:
24 384.23 Definitions.—
25 (3) “Sexual conduct” means conduct between persons,
26 regardless of gender, which is capable of transmitting a
27 sexually transmissible disease, including, but not limited to,
28 contact between a:
29 (a) Penis and a vulva or an anus; or
30 (b) Mouth and a penis, a vulva, or an anus.
31 (5) “Substantial risk of transmission” means a reasonable
32 probability of disease transmission as proven by competent
33 medical or epidemiological evidence.
34 Section 48. Section 384.24, Florida Statutes, is amended to
35 read:
36 384.24 Unlawful acts.—
37 (1) It is unlawful for any person who has chancroid,
38 gonorrhea, granuloma inguinale, lymphogranuloma venereum,
39 genital herpes simplex, chlamydia, nongonococcal urethritis
40 (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
41 syphilis, or human immunodeficiency virus infection, when such
42 person knows he or she is infected with one or more of these
43 diseases and when such person has been informed that he or she
44 may communicate this disease to another person through sexual
45 conduct intercourse, to act with the intent to transmit the
46 disease, to engage in have sexual conduct that poses a
47 substantial risk of transmission to another person when the
48 intercourse with any other person is unaware that the person is
49 a carrier of the disease, and to transmit the disease to the,
50 unless such other person has been informed of the presence of
51 the sexually transmissible disease and has consented to the
52 sexual intercourse.
53 (2) A person does not act with the intent set forth in
54 subsection (1) if he or she in good faith complies with a
55 treatment regimen prescribed by his or her health care provider
56 or with the behavioral recommendations of his or her health care
57 provider or public health officials to limit the risk of
58 transmission, or if he or she offers to comply with such
59 behavioral recommendations, but such offer is rejected by the
60 other person with whom he or she is engaging in sexual conduct.
61 For purposes of this section, the term “behavioral
62 recommendations” includes, but is not limited to, the use of a
63 prophylactic device to limit the risk of transmission of the
64 disease. Evidence of the person’s failure to comply with such a
65 treatment regimen or such behavioral recommendations is not, in
66 and of itself, sufficient to establish that he or she acted with
67 the intent set forth in subsection (1) It is unlawful for any
68 person who has human immunodeficiency virus infection, when such
69 person knows he or she is infected with this disease and when
70 such person has been informed that he or she may communicate
71 this disease to another person through sexual intercourse, to
72 have sexual intercourse with any other person, unless such other
73 person has been informed of the presence of the sexually
74 transmissible disease and has consented to the sexual
75 intercourse.
76 Section 49. Section 384.34, Florida Statutes, is amended to
77 read:
78 384.34 Penalties.—
79 (1) Any person who violates s. 384.24 the provisions of s.
80 384.24(1) commits a misdemeanor of the first degree, punishable
81 as provided in s. 775.082 or s. 775.083.
82 (2) Any person who violates the provisions of s. 384.26 or
83 s. 384.29 commits a misdemeanor of the first degree, punishable
84 as provided in s. 775.082 or s. 775.083.
85 (3) Any person who maliciously disseminates any false
86 information or report concerning the existence of any sexually
87 transmissible disease commits a misdemeanor felony of the first
88 third degree, punishable as provided in s. 775.082 or s. 775.083
89 ss. 775.082, 775.083, and 775.084.
90 (4) Any person who violates the provisions of the
91 department’s rules pertaining to sexually transmissible diseases
92 may be punished by a fine not to exceed $500 for each violation.
93 Any penalties enforced under this subsection shall be in
94 addition to other penalties provided by this chapter. The
95 department may enforce this section and adopt rules necessary to
96 administer this section.
97 (5) Any person who violates s. 384.24(2) commits a felony
98 of the third degree, punishable as provided in s. 775.082, s.
99 775.083, or s. 775.084. Any person who commits multiple
100 violations of s. 384.24(2) commits a felony of the first degree,
101 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
102 (6) Any person who obtains information that identifies an
103 individual who has a sexually transmissible disease, who knew or
104 should have known the nature of the information and maliciously,
105 or for monetary gain, disseminates this information or otherwise
106 makes this information known to any other person, except by
107 providing it either to a physician or nurse employed by the
108 Department of Health or to a law enforcement agency, commits a
109 felony of the third degree, punishable as provided in s.
110 775.082, s. 775.083, or s. 775.084.
111 Section 50. Subsections (1) and (3) of section 775.0877,
112 Florida Statutes, are amended to read:
113 775.0877 Criminal transmission of HIV; procedures;
114 penalties.—
115 (1) In any case in which a person has been convicted of or
116 has pled nolo contendere or guilty to, regardless of whether
117 adjudication is withheld, any of the following offenses, or the
118 attempt thereof, which offense or attempted offense involves the
119 transmission of body fluids from one person to another:
120 (a) Section 794.011, relating to sexual battery;
121 (b) Section 826.04, relating to incest;
122 (c) Section 800.04, relating to lewd or lascivious offenses
123 committed upon or in the presence of persons less than 16 years
124 of age;
125 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
126 relating to assault;
127 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
128 relating to aggravated assault;
129 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
130 relating to battery;
131 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
132 relating to aggravated battery;
133 (h) Section 827.03(2)(c), relating to child abuse;
134 (i) Section 827.03(2)(a), relating to aggravated child
135 abuse;
136 (j) Section 825.102(1), relating to abuse of an elderly
137 person or disabled adult;
138 (k) Section 825.102(2), relating to aggravated abuse of an
139 elderly person or disabled adult;
140 (l) Section 827.071, relating to sexual performance by
141 person less than 18 years of age;
142 (m) Sections 796.07 and 796.08, relating to prostitution;
143 or
144 (n) Section 381.0041(11)(b), relating to donation of blood,
145 plasma, organs, skin, or other human tissue; or
146 (o) Sections 787.06(3)(b), (d), (f), and (g), relating to
147 human trafficking,
148
149 the court shall order the offender to undergo HIV testing, to be
150 performed under the direction of the Department of Health in
151 accordance with s. 381.004, unless the offender has undergone
152 HIV testing voluntarily or pursuant to procedures established in
153 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
154 rule providing for HIV testing of criminal offenders or inmates,
155 subsequent to her or his arrest for an offense enumerated in
156 paragraphs (a)-(m) (a)-(n) for which she or he was convicted or
157 to which she or he pled nolo contendere or guilty. The results
158 of an HIV test performed on an offender pursuant to this
159 subsection are not admissible in any criminal proceeding arising
160 out of the alleged offense.
161 (3) An offender who has undergone HIV testing pursuant to
162 subsection (1), and to whom positive test results have been
163 disclosed pursuant to subsection (2), who commits a second or
164 subsequent offense enumerated in paragraphs (1)(a)-(m)(1)(a)
165 (n), commits criminal transmission of HIV, a felony of the third
166 degree, punishable as provided in s. 775.082 or, s. 775.083, or
167 s. 775.084. A person may be convicted and sentenced separately
168 for a violation of this subsection and for the underlying crime
169 enumerated in paragraphs (1)(a)-(m)(1)(a)-(n).
170 Section 51. Paragraphs (a) and (b) of subsection (2) and
171 paragraph (a) of subsection (3) of section 960.003, Florida
172 Statutes, are amended to read:
173 960.003 Hepatitis and HIV testing for persons charged with
174 or alleged by petition for delinquency to have committed certain
175 offenses; disclosure of results to victims.—
176 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
177 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
178 (a) In any case in which a person has been charged by
179 information or indictment with or alleged by petition for
180 delinquency to have committed any offense enumerated in s.
181 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the
182 transmission of body fluids from one person to another, upon
183 request of the victim or the victim’s legal guardian, or of the
184 parent or legal guardian of the victim if the victim is a minor,
185 the court shall order such person to undergo hepatitis and HIV
186 testing within 48 hours after the information, indictment, or
187 petition for delinquency is filed. In the event the victim or,
188 if the victim is a minor, the victim’s parent or legal guardian
189 requests hepatitis and HIV testing after 48 hours have elapsed
190 from the filing of the indictment, information, or petition for
191 delinquency, the testing shall be done within 48 hours after the
192 request.
193 (b) However, when a victim of any sexual offense enumerated
194 in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is under the age
195 of 18 at the time the offense was committed or when a victim of
196 any sexual offense enumerated in s. 775.0877(1)(a)-(m) s.
197 775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly
198 person as defined in s. 825.1025 regardless of whether the
199 offense involves the transmission of bodily fluids from one
200 person to another, then upon the request of the victim or the
201 victim’s legal guardian, or of the parent or legal guardian, the
202 court shall order such person to undergo hepatitis and HIV
203 testing within 48 hours after the information, indictment, or
204 petition for delinquency is filed. In the event the victim or,
205 if the victim is a minor, the victim’s parent or legal guardian
206 requests hepatitis and HIV testing after 48 hours have elapsed
207 from the filing of the indictment, information, or petition for
208 delinquency, the testing shall be done within 48 hours after the
209 request. The testing shall be performed under the direction of
210 the Department of Health in accordance with s. 381.004. The
211 results of a hepatitis and HIV test performed on a defendant or
212 juvenile offender pursuant to this subsection shall not be
213 admissible in any criminal or juvenile proceeding arising out of
214 the alleged offense.
215 (3) DISCLOSURE OF RESULTS.—
216 (a) The results of the test shall be disclosed no later
217 than 2 weeks after the court receives such results, under the
218 direction of the Department of Health, to the person charged
219 with or alleged by petition for delinquency to have committed or
220 to the person convicted of or adjudicated delinquent for any
221 offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)
222 (n), which involves the transmission of body fluids from one
223 person to another, and, upon request, to the victim or the
224 victim’s legal guardian, or the parent or legal guardian of the
225 victim if the victim is a minor, and to public health agencies
226 pursuant to s. 775.0877. If the alleged offender is a juvenile,
227 the test results shall also be disclosed to the parent or
228 guardian. When the victim is a victim as described in paragraph
229 (2)(b), the test results must also be disclosed no later than 2
230 weeks after the court receives such results, to the person
231 charged with or alleged by petition for delinquency to have
232 committed or to the person convicted of or adjudicated
233 delinquent for any offense enumerated in s. 775.0877(1)(a)-(m)
234 s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
235 offense involves the transmission of bodily fluids from one
236 person to another, and, upon request, to the victim or the
237 victim’s legal guardian, or the parent or legal guardian of the
238 victim, and to public health agencies pursuant to s. 775.0877.
239 Otherwise, hepatitis and HIV test results obtained pursuant to
240 this section are confidential and exempt from the provisions of
241 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
242 shall not be disclosed to any other person except as expressly
243 authorized by law or court order.
244 Section 52. Subsection (3) of section 921.0022, Florida
245 Statutes, is amended to read:
246 921.0022 Criminal Punishment Code; offense severity ranking
247 chart.—
248 (3) OFFENSE SEVERITY RANKING CHART
249 (a) LEVEL 1
250
251 FloridaStatute FelonyDegree Description
252 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
253 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
254 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $1,000 $300 but less than $20,000.
255 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
256 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
257 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
258 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
259 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
260 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
261 322.212(5)(a) 3rd False application for driver license or identification card.
262 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
263 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
264 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $1,000 $300.
265 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
266 562.27(1) 3rd Possess still or still apparatus.
267 713.69 3rd Tenant removes property upon which lien has accrued, value more than $1,000 $50.
268 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
269 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
270 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
271 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
272 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
273 826.01 3rd Bigamy.
274 828.122(3) 3rd Fighting or baiting animals.
275 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
276 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
277 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
278 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
279 838.15(2) 3rd Commercial bribe receiving.
280 838.16 3rd Commercial bribery.
281 843.18 3rd Fleeing by boat to elude a law enforcement officer.
282 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
283 849.01 3rd Keeping gambling house.
284 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
285 849.23 3rd Gambling-related machines; “common offender” as to property rights.
286 849.25(2) 3rd Engaging in bookmaking.
287 860.08 3rd Interfere with a railroad signal.
288 860.13(1)(a) 3rd Operate aircraft while under the influence.
289 893.13(2)(a)2. 3rd Purchase of cannabis.
290 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
291 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
292
293 (b) LEVEL 2
294
295 FloridaStatute FelonyDegree Description
296 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
297 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
298 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
299 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
300 590.28(1) 3rd Intentional burning of lands.
301 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
302 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
303 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
304 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
305 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
306 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
307 812.014(2)(d) 3rd Grand theft, 3rd degree; $1,000 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
308 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
309 817.234(1)(a)2. 3rd False statement in support of insurance claim.
310 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
311 817.52(3) 3rd Failure to redeliver hired vehicle.
312 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
313 817.60(5) 3rd Dealing in credit cards of another.
314 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
315 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
316 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
317 831.01 3rd Forgery.
318 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
319 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
320 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
321 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
322 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
323 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
324 843.08 3rd False personation.
325 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
326 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
327
328 (c) LEVEL 3
329
330 FloridaStatute FelonyDegree Description
331 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
332 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
333 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
334 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
335 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
336 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
337 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
338 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
339 327.35(2)(b) 3rd Felony BUI.
340 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
341 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
342 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
343 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
344 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
345 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
346 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
347 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
348 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
349 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
350 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
351 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
352 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
353 697.08 3rd Equity skimming.
354 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
355 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
356 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
357 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
358 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
359 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
360 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
361 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
362 817.233 3rd Burning to defraud insurer.
363 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
364 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
365 817.236 3rd Filing a false motor vehicle insurance application.
366 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
367 817.413(2) 3rd Sale of used goods as new.
368 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
369 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
370 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
371 843.19 3rd Injure, disable, or kill police dog or horse.
372 860.15(3) 3rd Overcharging for repairs and parts.
373 870.01(2) 3rd Riot; inciting or encouraging.
374 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
375 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
376 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
377 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
378 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
379 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
380 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
381 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
382 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
383 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
384 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
385 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
386 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
387 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
388 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
389 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
390 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
391
392 (d) LEVEL 4
393
394 FloridaStatute FelonyDegree Description
395 316.1935(3)(a) 2nd 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.
396 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
397 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
398 517.07(1) 3rd Failure to register securities.
399 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
400 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
401 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
402 784.075 3rd Battery on detention or commitment facility staff.
403 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
404 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
405 784.081(3) 3rd Battery on specified official or employee.
406 784.082(3) 3rd Battery by detained person on visitor or other detainee.
407 784.083(3) 3rd Battery on code inspector.
408 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
409 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
410 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
411 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
412 787.07 3rd Human smuggling.
413 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
414 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
415 790.115(2)(c) 3rd Possessing firearm on school property.
416 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
417 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
418 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
419 810.06 3rd Burglary; possession of tools.
420 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
421 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
422 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items, a will, firearm, motor vehicle, livestock, etc.
423 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
424 817.505(4)(a) 3rd Patient brokering.
425 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
426 817.568(2)(a) 3rd Fraudulent use of personal identification information.
427 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
428 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
429 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
430 837.02(1) 3rd Perjury in official proceedings.
431 837.021(1) 3rd Make contradictory statements in official proceedings.
432 838.022 3rd Official misconduct.
433 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
434 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
435 843.021 3rd Possession of a concealed handcuff key by a person in custody.
436 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
437 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
438 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
439 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
440 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
441 914.14(2) 3rd Witnesses accepting bribes.
442 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
443 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
444 918.12 3rd Tampering with jurors.
445 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
446 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
447 951.22(1)(h),(j), & (k) 3rd Intoxicating drug, instrumentality, or cellular telephone or other device to aid escape introduced into county detention facility.
448
449 (e) LEVEL 5
450
451 FloridaStatute FelonyDegree Description
452 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
453 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
454 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
455 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
456 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
457 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
458 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
459 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
460 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
461 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
462 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
463 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
464 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
465 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
466 790.01(2) 3rd Carrying a concealed firearm.
467 790.162 2nd Threat to throw or discharge destructive device.
468 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
469 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
470 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
471 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
472 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
473 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
474 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
475 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
476 812.015(8) 3rd Retail theft; property stolen is valued at $1,050 $300 or more and one or more specified acts.
477 812.019(1) 2nd Stolen property; dealing in or trafficking in.
478 812.131(2)(b) 3rd Robbery by sudden snatching.
479 812.16(2) 3rd Owning, operating, or conducting a chop shop.
480 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
481 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
482 817.2341(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.
483 817.568(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.
484 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
485 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
486 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
487 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
488 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
489 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
490 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
491 843.01 3rd Resist officer with violence to person; resist arrest with violence.
492 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
493 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
494 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
495 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
496 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
497 893.13(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)5. drugs).
498 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
499 893.13(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)5. drugs) within 1,000 feet of university.
500 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
501 893.13(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)5. drugs) within 1,000 feet of public housing facility.
502 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
503 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
504
505
506 ================= T I T L E A M E N D M E N T ================
507 And the title is amended as follows:
508 Delete line 228
509 and insert:
510 reported to the department; amending s. 381.0041,
511 F.S.; providing an exception to allow the donation of
512 human tissue by a person who has human
513 immunodeficiency virus infection under certain
514 circumstances; reclassifying a criminal offense
515 relating to such donations; amending s. 384.23, F.S.;
516 providing definitions; amending s. 384.24, F.S.;
517 expanding the scope of unlawful acts by a person
518 infected with a sexually transmissible disease;
519 expanding the list of sexually transmissible diseases
520 to include human immunodeficiency virus infection;
521 providing that certain actions are not sufficient
522 evidence to establish intent on the part of the person
523 who transmits the disease; providing a definition;
524 amending s. 384.34, F.S.; reclassifying specified
525 criminal offenses; removing a fine for specified rule
526 violations; amending s. 775.0877, F.S.; conforming
527 provisions to changes made by the act; amending s.
528 960.003, F.S.; conforming cross-references; amending
529 s. 921.0022,