Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS/HB 1, 1st Eng.
Ì343996^Î343996
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/09/2021 .
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The Committee on Appropriations (Farmer) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 316 - 1040
4 and insert:
5 a riot or an aggravated riot commits a misdemeanor of the first
6 degree, punishable as provided in s. 775.082 or s. 775.083.
7 Section 5. Subsection (2) of section 784.021, Florida
8 Statutes, is amended, and subsection (3) is added to that
9 section, to read:
10 784.021 Aggravated assault.—
11 (2) A person who Whoever commits an aggravated assault
12 commits shall be guilty of a felony of the third degree,
13 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
14 (3) For the purposes of sentencing under chapter 921, a
15 violation of this section committed by a person acting in
16 furtherance of a riot or an aggravated riot is ranked one level
17 above the ranking under s. 921.0022 for the offense committed.
18 Section 6. Section 784.03, Florida Statutes, is amended to
19 read:
20 784.03 Battery; felony battery.—
21 (1)(a) The offense of battery occurs when a person:
22 1. Actually and intentionally touches or strikes another
23 person against the will of the other; or
24 2. Intentionally causes bodily harm to another person.
25 (b) Except as provided in subsection (2) or subsection (3),
26 a person who commits battery commits a misdemeanor of the first
27 degree, punishable as provided in s. 775.082 or s. 775.083.
28 (2) A person who has one prior conviction for battery,
29 aggravated battery, or felony battery and who commits any second
30 or subsequent battery commits a felony of the third degree,
31 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
32 For purposes of this subsection, “conviction” means a
33 determination of guilt that is the result of a plea or a trial,
34 regardless of whether adjudication is withheld or a plea of nolo
35 contendere is entered.
36 (3) A person who commits a battery in furtherance of a riot
37 or an aggravated riot commits a felony of the third degree,
38 punishable as provided in s. 775.082, s. 775.083, or 775.084.
39 Section 7. Section 784.045, Florida Statutes, is amended to
40 read:
41 784.045 Aggravated battery.—
42 (1)(a) A person commits aggravated battery who, in
43 committing battery:
44 1. Intentionally or knowingly causes great bodily harm,
45 permanent disability, or permanent disfigurement; or
46 2. Uses a deadly weapon.
47 (b) A person commits aggravated battery if the person who
48 was the victim of the battery was pregnant at the time of the
49 offense and the offender knew or should have known that the
50 victim was pregnant.
51 (2) A person who violates subsection (1) commits Whoever
52 commits aggravated battery shall be guilty of a felony of the
53 second degree, punishable as provided in s. 775.082, s. 775.083,
54 or s. 775.084.
55 (3) For the purposes of sentencing under chapter 921, a
56 violation of this section committed by a person acting in
57 furtherance of a riot or an aggravated riot is ranked one level
58 above the ranking under s. 921.0022 for the offense committed.
59 Section 8. Section 784.0495, Florida Statutes, is created
60 to read:
61 784.0495 Mob intimidation.—
62 (1) It is unlawful for a person, assembled with two or more
63 other persons and acting with a common intent, to use force or
64 threaten to use imminent force, to compel or induce, or attempt
65 to compel or induce, another person to do or refrain from doing
66 any act or to assume, abandon, or maintain a particular
67 viewpoint against his or her will.
68 (2) A person who violates subsection (1) commits a
69 misdemeanor of the first degree, punishable as provided in s.
70 775.082 or s. 775.083.
71 (3) A person arrested for a violation of this section shall
72 be held in custody until brought before the court for admittance
73 to bail in accordance with chapter 903.
74 Section 9. Subsection (2) of section 784.07, Florida
75 Statutes, is amended and subsection (4) is added to that
76 section, to read:
77 784.07 Assault or battery of law enforcement officers,
78 firefighters, emergency medical care providers, public transit
79 employees or agents, or other specified officers;
80 reclassification of offenses; minimum sentences.—
81 (2) Whenever any person is charged with knowingly
82 committing an assault or battery upon a law enforcement officer,
83 a firefighter, an emergency medical care provider, a railroad
84 special officer, a traffic accident investigation officer as
85 described in s. 316.640, a nonsworn law enforcement agency
86 employee who is certified as an agency inspector, a blood
87 alcohol analyst, or a breath test operator while such employee
88 is in uniform and engaged in processing, testing, evaluating,
89 analyzing, or transporting a person who is detained or under
90 arrest for DUI, a law enforcement explorer, a traffic infraction
91 enforcement officer as described in s. 316.640, a parking
92 enforcement specialist as defined in s. 316.640, a person
93 licensed as a security officer as defined in s. 493.6101 and
94 wearing a uniform that bears at least one patch or emblem that
95 is visible at all times that clearly identifies the employing
96 agency and that clearly identifies the person as a licensed
97 security officer, or a security officer employed by the board of
98 trustees of a community college, while the officer, firefighter,
99 emergency medical care provider, railroad special officer,
100 traffic accident investigation officer, traffic infraction
101 enforcement officer, inspector, analyst, operator, law
102 enforcement explorer, parking enforcement specialist, public
103 transit employee or agent, or security officer is engaged in the
104 lawful performance of his or her duties, the offense for which
105 the person is charged shall be reclassified as follows:
106 (a) In the case of assault, from a misdemeanor of the
107 second degree to a misdemeanor of the first degree.
108 (b) In the case of battery, from a misdemeanor of the first
109 degree to a felony of the third degree. Notwithstanding any
110 other provision of law, a person convicted of battery upon a law
111 enforcement officer committed in furtherance of a riot or an
112 aggravated riot shall be sentenced to a minimum term of
113 imprisonment of 6 months.
114 (c) In the case of aggravated assault, from a felony of the
115 third degree to a felony of the second degree. Notwithstanding
116 any other provision of law, any person convicted of aggravated
117 assault upon a law enforcement officer shall be sentenced to a
118 minimum term of imprisonment of 3 years.
119 (d) In the case of aggravated battery, from a felony of the
120 second degree to a felony of the first degree. Notwithstanding
121 any other provision of law, any person convicted of aggravated
122 battery of a law enforcement officer shall be sentenced to a
123 minimum term of imprisonment of 5 years.
124 (4) For purposes of sentencing under chapter 921, a felony
125 violation of this section committed by a person acting in
126 furtherance of a riot or an aggravated riot is ranked one level
127 above the ranking under s. 921.0022 for the offense committed.
128 Section 10. Subsections (3) through (9) of section 806.13,
129 Florida Statutes, are renumbered as subsections (4) through
130 (10), respectively, a new subsection (3) is added to that
131 section, and present subsection (8) of that section is amended,
132 to read:
133 806.13 Criminal mischief; penalties; penalty for minor.—
134 (3) Any person who, without the consent of the owner
135 thereof, willfully and maliciously defaces, injures, or
136 otherwise damages by any means a memorial or historic property,
137 as defined in s. 806.135(1), and the value of the damage to the
138 memorial or historic property is greater than $200, commits a
139 felony of the third degree, punishable as provided in s.
140 775.082, s. 775.083, or s. 775.084. A court shall order any
141 person convicted of violating this subsection to pay
142 restitution, which shall include the full cost of repair or
143 replacement of such memorial or historic property.
144 (9)(8) A minor whose driver license or driving privilege is
145 revoked, suspended, or withheld under subsection (8)(7) may
146 elect to reduce the period of revocation, suspension, or
147 withholding by performing community service at the rate of 1 day
148 for each hour of community service performed. In addition, if
149 the court determines that due to a family hardship, the minor’s
150 driver license or driving privilege is necessary for employment
151 or medical purposes of the minor or a member of the minor’s
152 family, the court shall order the minor to perform community
153 service and reduce the period of revocation, suspension, or
154 withholding at the rate of 1 day for each hour of community
155 service performed. As used in this subsection, the term
156 “community service” means cleaning graffiti from public
157 property.
158 Section 11. Section 806.135, Florida Statutes, is created
159 to read:
160 806.135 Destroying or demolishing a memorial or historic
161 property.—
162 (1) As used in this section, the term:
163 (a) “Historic property” means any building, structure,
164 site, or object that has been officially designated as a
165 historic building, historic structure, historic site, or
166 historic object through a federal, state, or local designation
167 program.
168 (b) “Memorial” means a plaque, statue, marker, flag,
169 banner, cenotaph, religious symbol, painting, seal, tombstone,
170 structure name, or display that is constructed and located with
171 the intent of being permanently displayed or perpetually
172 maintained; is dedicated to a historical person, an entity, an
173 event, or a series of events; and honors or recounts the
174 military service of any past or present United States Armed
175 Forces military personnel, or the past or present public service
176 of a resident of the geographical area comprising the state or
177 the United States. The term includes, but is not limited to, the
178 following memorials established under chapter 265:
179 1. Florida Women’s Hall of Fame.
180 2. Florida Medal of Honor Wall.
181 3. Florida Veterans’ Hall of Fame.
182 4. POW-MIA Chair of Honor Memorial.
183 5. Florida Veterans’ Walk of Honor and Florida Veterans’
184 Memorial Garden.
185 6. Florida Law Enforcement Officers’ Hall of Fame.
186 7. Florida Holocaust Memorial.
187 8. Florida Slavery Memorial.
188 9. Any other memorial located within the Capitol Complex,
189 including, but not limited to, Waller Park.
190 (2) It is unlawful for any person to willfully and
191 maliciously destroy or demolish any memorial or historic
192 property, or willfully and maliciously pull down a memorial or
193 historic property, unless authorized by the owner of the
194 memorial or historic property. A person who violates this
195 section commits a felony of the second degree, punishable as
196 provided in s. 775.082, s. 775.083, or s. 775.084.
197 (3) A court shall order any person convicted of violating
198 this section to pay restitution, which shall include the full
199 cost of repair or replacement of such memorial or historic
200 property.
201 Section 12. Subsections (3) and (4) of section 810.02,
202 Florida Statutes, are amended to read:
203 810.02 Burglary.—
204 (3) Burglary is a felony of the second degree, punishable
205 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
206 course of committing the offense, the offender does not make an
207 assault or battery and is not and does not become armed with a
208 dangerous weapon or explosive, and the offender enters or
209 remains in a:
210 (a) Dwelling, and there is another person in the dwelling
211 at the time the offender enters or remains;
212 (b) Dwelling, and there is not another person in the
213 dwelling at the time the offender enters or remains;
214 (c) Structure, and there is another person in the structure
215 at the time the offender enters or remains;
216 (d) Conveyance, and there is another person in the
217 conveyance at the time the offender enters or remains;
218 (e) Authorized emergency vehicle, as defined in s. 316.003;
219 or
220 (f) Structure or conveyance when the offense intended to be
221 committed therein is theft of a controlled substance as defined
222 in s. 893.02. Notwithstanding any other law, separate judgments
223 and sentences for burglary with the intent to commit theft of a
224 controlled substance under this paragraph and for any applicable
225 possession of controlled substance offense under s. 893.13 or
226 trafficking in controlled substance offense under s. 893.135 may
227 be imposed when all such offenses involve the same amount or
228 amounts of a controlled substance.
229
230 However, if the burglary is committed during a riot or an
231 aggravated riot and the perpetration of the burglary is
232 facilitated by conditions arising from the riot; or within a
233 county that is subject to a state of emergency declared by the
234 Governor under chapter 252 after the declaration of emergency is
235 made and the perpetration of the burglary is facilitated by
236 conditions arising from the emergency, the burglary is a felony
237 of the first degree, punishable as provided in s. 775.082, s.
238 775.083, or s. 775.084. As used in this subsection, the term
239 “conditions arising from the riot” means civil unrest, power
240 outages, curfews, or a reduction in the presence of or response
241 time for first responders or homeland security personnel and the
242 term “conditions arising from the emergency” means civil unrest,
243 power outages, curfews, voluntary or mandatory evacuations, or a
244 reduction in the presence of or response time for first
245 responders or homeland security personnel. A person arrested for
246 committing a burglary during a riot or an aggravated riot or
247 within a county that is subject to such a state of emergency may
248 not be released until the person appears before a committing
249 magistrate at a first appearance hearing. For purposes of
250 sentencing under chapter 921, a felony offense that is
251 reclassified under this subsection is ranked one level above the
252 ranking under s. 921.0022 or s. 921.0023 of the offense
253 committed.
254 (4) Burglary is a felony of the third degree, punishable as
255 provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
256 course of committing the offense, the offender does not make an
257 assault or battery and is not and does not become armed with a
258 dangerous weapon or explosive, and the offender enters or
259 remains in a:
260 (a) Structure, and there is not another person in the
261 structure at the time the offender enters or remains; or
262 (b) Conveyance, and there is not another person in the
263 conveyance at the time the offender enters or remains.
264
265 However, if the burglary is committed during a riot or an
266 aggravated riot and the perpetration of the burglary is
267 facilitated by conditions arising from the riot; or within a
268 county that is subject to a state of emergency declared by the
269 Governor under chapter 252 after the declaration of emergency is
270 made and the perpetration of the burglary is facilitated by
271 conditions arising from the emergency, the burglary is a felony
272 of the second degree, punishable as provided in s. 775.082, s.
273 775.083, or s. 775.084. As used in this subsection, the terms
274 “conditions arising from the riot” and term “conditions arising
275 from the emergency” have the same meanings as provided in
276 subsection (3) means civil unrest, power outages, curfews,
277 voluntary or mandatory evacuations, or a reduction in the
278 presence of or response time for first responders or homeland
279 security personnel. A person arrested for committing a burglary
280 during a riot or an aggravated riot or within a county that is
281 subject to such a state of emergency may not be released until
282 the person appears before a committing magistrate at a first
283 appearance hearing. For purposes of sentencing under chapter
284 921, a felony offense that is reclassified under this subsection
285 is ranked one level above the ranking under s. 921.0022 or s.
286 921.0023 of the offense committed.
287 Section 13. Paragraphs (b) and (c) of subsection (2) of
288 section 812.014, Florida Statutes, are amended to read:
289 812.014 Theft.—
290 (2)
291 (b)1. If the property stolen is valued at $20,000 or more,
292 but less than $100,000;
293 2. The property stolen is cargo valued at less than $50,000
294 that has entered the stream of interstate or intrastate commerce
295 from the shipper’s loading platform to the consignee’s receiving
296 dock;
297 3. The property stolen is emergency medical equipment,
298 valued at $300 or more, that is taken from a facility licensed
299 under chapter 395 or from an aircraft or vehicle permitted under
300 chapter 401; or
301 4. The property stolen is law enforcement equipment, valued
302 at $300 or more, that is taken from an authorized emergency
303 vehicle, as defined in s. 316.003,
304
305 the offender commits grand theft in the second degree,
306 punishable as a felony of the second degree, as provided in s.
307 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
308 means mechanical or electronic apparatus used to provide
309 emergency services and care as defined in s. 395.002(9) or to
310 treat medical emergencies. Law enforcement equipment means any
311 property, device, or apparatus used by any law enforcement
312 officer as defined in s. 943.10 in the officer’s official
313 business. However, if the property is stolen during a riot or an
314 aggravated riot and the perpetration of the theft is facilitated
315 by conditions arising from the riot; or within a county that is
316 subject to a state of emergency declared by the Governor under
317 chapter 252, the theft is committed after the declaration of
318 emergency is made, and the perpetration of the theft is
319 facilitated by conditions arising from the emergency, the theft
320 is a felony of the first degree, punishable as provided in s.
321 775.082, s. 775.083, or s. 775.084. As used in this paragraph,
322 the term “conditions arising from the riot” means civil unrest,
323 power outages, curfews, or a reduction in the presence of or
324 response time for first responders or homeland security
325 personnel and the term “conditions arising from the emergency”
326 means civil unrest, power outages, curfews, voluntary or
327 mandatory evacuations, or a reduction in the presence of or
328 response time for first responders or homeland security
329 personnel. A person arrested for committing a theft during a
330 riot or an aggravated riot or within a county that is subject to
331 a state of emergency may not be released until the person
332 appears before a committing magistrate at a first appearance
333 hearing. For purposes of sentencing under chapter 921, a felony
334 offense that is reclassified under this paragraph is ranked one
335 level above the ranking under s. 921.0022 or s. 921.0023 of the
336 offense committed.
337 (c) It is grand theft of the third degree and a felony of
338 the third degree, punishable as provided in s. 775.082, s.
339 775.083, or s. 775.084, if the property stolen is:
340 1. Valued at $750 or more, but less than $5,000.
341 2. Valued at $5,000 or more, but less than $10,000.
342 3. Valued at $10,000 or more, but less than $20,000.
343 4. A will, codicil, or other testamentary instrument.
344 5. A firearm.
345 6. A motor vehicle, except as provided in paragraph (a).
346 7. Any commercially farmed animal, including any animal of
347 the equine, avian, bovine, or swine class or other grazing
348 animal; a bee colony of a registered beekeeper; and aquaculture
349 species raised at a certified aquaculture facility. If the
350 property stolen is a commercially farmed animal, including an
351 animal of the equine, avian, bovine, or swine class or other
352 grazing animal; a bee colony of a registered beekeeper; or an
353 aquaculture species raised at a certified aquaculture facility,
354 a $10,000 fine shall be imposed.
355 8. Any fire extinguisher that, at the time of the taking,
356 was installed in any building for the purpose of fire prevention
357 and control. This subparagraph does not apply to a fire
358 extinguisher taken from the inventory at a point-of-sale
359 business.
360 9. Any amount of citrus fruit consisting of 2,000 or more
361 individual pieces of fruit.
362 10. Taken from a designated construction site identified by
363 the posting of a sign as provided for in s. 810.09(2)(d).
364 11. Any stop sign.
365 12. Anhydrous ammonia.
366 13. Any amount of a controlled substance as defined in s.
367 893.02. Notwithstanding any other law, separate judgments and
368 sentences for theft of a controlled substance under this
369 subparagraph and for any applicable possession of controlled
370 substance offense under s. 893.13 or trafficking in controlled
371 substance offense under s. 893.135 may be imposed when all such
372 offenses involve the same amount or amounts of a controlled
373 substance.
374
375 However, if the property is stolen during a riot or an
376 aggravated riot and the perpetration of the theft is facilitated
377 by conditions arising from the riot; or within a county that is
378 subject to a state of emergency declared by the Governor under
379 chapter 252, the property is stolen after the declaration of
380 emergency is made, and the perpetration of the theft is
381 facilitated by conditions arising from the emergency, the
382 offender commits a felony of the second degree, punishable as
383 provided in s. 775.082, s. 775.083, or s. 775.084, if the
384 property is valued at $5,000 or more, but less than $10,000, as
385 provided under subparagraph 2., or if the property is valued at
386 $10,000 or more, but less than $20,000, as provided under
387 subparagraph 3. As used in this paragraph, the terms “conditions
388 arising from a riot” and term “conditions arising from the
389 emergency” have the same meanings as provided in paragraph (b).
390 A person arrested for committing a theft during a riot or an
391 aggravated riot or within a county that is subject to a state of
392 emergency may not be released until the person appears before a
393 committing magistrate at a first appearance hearing means civil
394 unrest, power outages, curfews, voluntary or mandatory
395 evacuations, or a reduction in the presence of or the response
396 time for first responders or homeland security personnel. For
397 purposes of sentencing under chapter 921, a felony offense that
398 is reclassified under this paragraph is ranked one level above
399 the ranking under s. 921.0022 or s. 921.0023 of the offense
400 committed.
401 Section 14. Section 836.115, Florida Statutes, is created
402 to read:
403 836.115 Cyberintimidation by publication.—
404 (1) As used in this section, the term:
405 (a) “Electronically publish” means to disseminate, post, or
406 otherwise disclose information to an Internet site or forum.
407 (b) “Harass” has the same meaning as provided in s.
408 817.568(1)(c).
409 (c) “Personal identification information” has the same
410 meaning as provided in s. 817.568(1)(f).
411 (2) It is unlawful for a person to electronically publish
412 another person’s personal identification information with the
413 intent to, or with the intent that a third party will use the
414 information to:
415 (a) Incite violence or commit a crime against the person;
416 or
417 (b) Threaten or harass the person, placing such person in
418 reasonable fear of bodily harm.
419
420 A person who violates this subsection commits a misdemeanor of a
421 first degree, punishable as provided in s. 775.082 or s.
422 775.083.
423 Section 15. Section 870.02, Florida Statutes, is amended to
424 read:
425 870.02 Unlawful assemblies.—
426 (1) If three or more persons meet together to commit a
427 breach of the peace, or to do any other unlawful act, each of
428 them commits shall be guilty of a misdemeanor of the second
429 degree, punishable as provided in s. 775.082 or s. 775.083.
430 (2) A person arrested for a violation of this section shall
431 be held in custody until brought before the court for admittance
432 to bail in accordance with chapter 903.
433 Section 16. Section 870.03, Florida Statutes, is repealed.
434 Section 17. Section 870.07, Florida Statutes, is created to
435 read:
436 870.07 Affirmative defense in civil action; party convicted
437 of riot.—
438 (1) In a civil action for damages for personal injury,
439 wrongful death, or property damage, it is an affirmative defense
440 that such action arose from an injury or damage sustained by a
441 participant acting in furtherance of a riot. The affirmative
442 defense authorized by this section shall be established by
443 evidence that the participant has been convicted of a riot or an
444 aggravated riot, or by proof of the commission of such crime by
445 a preponderance of the evidence.
446 (2) In a civil action in which a defendant raises an
447 affirmative defense under this section, the court must, on
448 motion by the defendant, stay the action during the pendency of
449 a criminal action that forms the basis for the defense, unless
450 the court finds that a conviction in the criminal action would
451 not form a valid defense under this section.
452 Section 18. Subsections (3) through (6) of section 872.02,
453 Florida Statutes, are renumbered as subsections (4) through (7),
454 respectively, a new subsection (3) is added to that section,
455 subsections (1) and (2) of that section are republished, and
456 present subsection (6) of that section is amended, to read:
457 872.02 Injuring or removing tomb or monument; disturbing
458 contents of grave or tomb; penalties.—
459 (1) A person commits a felony of the third degree,
460 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
461 if he or she:
462 (a) Willfully and knowingly destroys, mutilates, defaces,
463 injures, or removes any tomb, monument, gravestone, burial
464 mound, earthen or shell monument containing human skeletal
465 remains or associated burial artifacts, or other structure or
466 thing placed or designed for a memorial of the dead, or any
467 fence, railing, curb, or other thing intended for the protection
468 or ornamentation of any tomb, monument, gravestone, burial
469 mound, earthen or shell monument containing human skeletal
470 remains or associated burial artifacts, or other structure
471 before mentioned, or for any enclosure for the burial of the
472 dead; or
473 (b) Willfully destroys, mutilates, removes, cuts, breaks,
474 or injures any tree, shrub, or plant placed or being within any
475 such enclosure, except for a person performing routine
476 maintenance and upkeep.
477 (2) A person who willfully and knowingly excavates,
478 exposes, moves, removes, or otherwise disturbs the contents of a
479 grave or tomb commits a felony of the second degree, punishable
480 as provided in s. 775.082, s. 775.083, or s. 775.084.
481 (3) For purposes of sentencing under chapter 921, a
482 violation of this section, committed by a person in furtherance
483 of a riot or an aggravated riot is ranked one level above the
484 ranking under s. 921.0022 or s. 921.0023 for the offense
485 committed.
486 (7)(6) If a legally authorized person refuses to sign a
487 written authorization, as provided in paragraph (6)(a)(5)(a), or
488 if a legally authorized person objects, as provided in paragraph
489 (6)(b) (5)(b), a public hearing shall be held before the county
490 commission of the county where the cemetery is located, or the
491 city council, if the cemetery is located in a municipality, and
492 the county commission or the city council shall have the
493 authority to grant a request for relocation of the contents of
494 such graves or tombs.
495 Section 19. Paragraphs (b), (c), and (d) of subsection (3)
496 of section 921.0022, Florida Statutes, are amended to read:
497 921.0022 Criminal Punishment Code; offense severity ranking
498 chart.—
499 (3) OFFENSE SEVERITY RANKING CHART
500 (b) LEVEL 2
501
502
503 FloridaStatute FelonyDegree Description
504 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
505 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
506 403.413(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.
507 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
508 590.28(1) 3rd Intentional burning of lands.
509 784.03(3) 3rd Battery during a riot or an aggravated riot.
510 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
511 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
512 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
513
514
515
516 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
517 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
518 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
519 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
520 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
521 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
522 817.234(1)(a)2. 3rd False statement in support of insurance claim.
523 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
524 817.52(3) 3rd Failure to redeliver hired vehicle.
525 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
526 817.60(5) 3rd Dealing in credit cards of another.
527 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
528 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
529 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
530 831.01 3rd Forgery.
531 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
532 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
533 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
534 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
535 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
536 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
537 843.08 3rd False personation.
538 893.13(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.
539 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
540
541
542 (c) LEVEL 3
543
544
545 FloridaStatute FelonyDegree Description
546 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
547 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
548 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
549 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
550 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
551 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
552 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
553 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
554 327.35(2)(b) 3rd Felony BUI.
555 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
556 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
557 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
558 379.2431 (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.
559 379.2431 (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.
560 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
561 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
562 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
563 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
564 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
565 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
566 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
567 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
568 697.08 3rd Equity skimming.
569 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
570 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
571 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
572 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
573 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
574 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
575 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
576 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
577 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
578 817.233 3rd Burning to defraud insurer.
579 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
580 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
581 817.236 3rd Filing a false motor vehicle insurance application.
582 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
583 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
584 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
585 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
586 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
587 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
588 860.15(3) 3rd Overcharging for repairs and parts.
589 870.01(2) 3rd Riot; inciting or encouraging.
590 893.13(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).
591 893.13(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.
592 893.13(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.
593 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
594 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
595 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
596 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
597 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
598 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
599 893.13(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.
600 893.13(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.
601 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
602 893.13(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.
603 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
604 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
605 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
606 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
607
608 (d) LEVEL 4
609
610
611 FloridaStatute FelonyDegree Description
612 316.1935(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.
613 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
614 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
615 517.07(1) 3rd Failure to register securities.
616 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
617 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
618 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
619 784.075 3rd Battery on detention or commitment facility staff.
620 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
621 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
622 784.081(3) 3rd Battery on specified official or employee.
623 784.082(3) 3rd Battery by detained person on visitor or other detainee.
624 784.083(3) 3rd Battery on code inspector.
625 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
626 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
627 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
628 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
629 787.07 3rd Human smuggling.
630 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
631 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
632 790.115(2)(c) 3rd Possessing firearm on school property.
633 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
634 806.135 2nd Destroying or demolishing a memorial or historic property.
635
636
637
638 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
639 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
640 810.06 3rd Burglary; possession of tools.
641 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
642 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
643 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
644 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
645 817.505(4)(a) 3rd Patient brokering.
646 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
647 817.568(2)(a) 3rd Fraudulent use of personal identification information.
648 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
649 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
650 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
651 837.02(1) 3rd Perjury in official proceedings.
652 837.021(1) 3rd Make contradictory statements in official proceedings.
653 838.022 3rd Official misconduct.
654 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
655 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
656 843.021 3rd Possession of a concealed handcuff key by a person in custody.
657 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
658 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
659 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
660 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
661 893.13(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).
662 914.14(2) 3rd Witnesses accepting bribes.
663 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
664 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
665 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
666 918.12 3rd Tampering with jurors.
667 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
668 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
669 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
670
671
672 ================= T I T L E A M E N D M E N T ================
673 And the title is amended as follows:
674 Delete lines 74 - 84.