Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS/HB 1, 1st Eng.
Ì442172ÅÎ442172
LEGISLATIVE ACTION
Senate . House
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Senator Farmer moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 316 - 1040
4 and insert:
5 a riot commits a misdemeanor of the first degree, punishable as
6 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 is ranked one level above the ranking
17 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 commits a felony of the third degree, punishable as provided in
38 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 is ranked one level above the ranking
58 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 shall be
112 sentenced to a minimum term of imprisonment of 6 months.
113 (c) In the case of aggravated assault, from a felony of the
114 third degree to a felony of the second degree. Notwithstanding
115 any other provision of law, any person convicted of aggravated
116 assault upon a law enforcement officer shall be sentenced to a
117 minimum term of imprisonment of 3 years.
118 (d) In the case of aggravated battery, from a felony of the
119 second degree to a felony of the first degree. Notwithstanding
120 any other provision of law, any person convicted of aggravated
121 battery of a law enforcement officer shall be sentenced to a
122 minimum term of imprisonment of 5 years.
123 (4) For purposes of sentencing under chapter 921, a felony
124 violation of this section committed by a person acting in
125 furtherance of a riot is ranked one level above the ranking
126 under s. 921.0022 for the offense committed.
127 Section 10. Subsections (3) through (9) of section 806.13,
128 Florida Statutes, are renumbered as subsections (4) through
129 (10), respectively, a new subsection (3) is added to that
130 section, and present subsection (8) of that section is amended,
131 to read:
132 806.13 Criminal mischief; penalties; penalty for minor.—
133 (3) Any person who, without the consent of the owner
134 thereof, willfully and maliciously defaces, injures, or
135 otherwise damages by any means a memorial or historic property,
136 as defined in s. 806.135(1), and the value of the damage to the
137 memorial or historic property is greater than $200, commits a
138 felony of the third degree, punishable as provided in s.
139 775.082, s. 775.083, or s. 775.084. A court shall order any
140 person convicted of violating this subsection to pay
141 restitution, which shall include the full cost of repair or
142 replacement of such memorial or historic property.
143 (9)(8) A minor whose driver license or driving privilege is
144 revoked, suspended, or withheld under subsection (8)(7) may
145 elect to reduce the period of revocation, suspension, or
146 withholding by performing community service at the rate of 1 day
147 for each hour of community service performed. In addition, if
148 the court determines that due to a family hardship, the minor’s
149 driver license or driving privilege is necessary for employment
150 or medical purposes of the minor or a member of the minor’s
151 family, the court shall order the minor to perform community
152 service and reduce the period of revocation, suspension, or
153 withholding at the rate of 1 day for each hour of community
154 service performed. As used in this subsection, the term
155 “community service” means cleaning graffiti from public
156 property.
157 Section 11. Section 806.135, Florida Statutes, is created
158 to read:
159 806.135 Destroying or demolishing a memorial or historic
160 property.—
161 (1) As used in this section, the term:
162 (a) “Historic property” means any building, structure,
163 site, or object that has been officially designated as a
164 historic building, historic structure, historic site, or
165 historic object through a federal, state, or local designation
166 program.
167 (b) “Memorial” means a plaque, statue, marker, flag,
168 banner, cenotaph, religious symbol, painting, seal, tombstone,
169 structure name, or display that is constructed and located with
170 the intent of being permanently displayed or perpetually
171 maintained; is dedicated to a historical person, an entity, an
172 event, or a series of events; and honors or recounts the
173 military service of any past or present United States Armed
174 Forces military personnel, or the past or present public service
175 of a resident of the geographical area comprising the state or
176 the United States. The term includes, but is not limited to, the
177 following memorials established under chapter 265:
178 1. Florida Women’s Hall of Fame.
179 2. Florida Medal of Honor Wall.
180 3. Florida Veterans’ Hall of Fame.
181 4. POW-MIA Chair of Honor Memorial.
182 5. Florida Veterans’ Walk of Honor and Florida Veterans’
183 Memorial Garden.
184 6. Florida Law Enforcement Officers’ Hall of Fame.
185 7. Florida Holocaust Memorial.
186 8. Florida Slavery Memorial.
187 9. Any other memorial located within the Capitol Complex,
188 including, but not limited to, Waller Park.
189 (2) It is unlawful for any person to willfully and
190 maliciously destroy or demolish any memorial or historic
191 property, or willfully and maliciously pull down a memorial or
192 historic property, unless authorized by the owner of the
193 memorial or historic property. A person who violates this
194 section commits a felony of the second degree, punishable as
195 provided in s. 775.082, s. 775.083, or s. 775.084.
196 (3) A court shall order any person convicted of violating
197 this section to pay restitution, which shall include the full
198 cost of repair or replacement of such memorial or historic
199 property.
200 Section 12. Subsections (3) and (4) of section 810.02,
201 Florida Statutes, are amended to read:
202 810.02 Burglary.—
203 (3) Burglary is a felony of the second degree, punishable
204 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
205 course of committing the offense, the offender does not make an
206 assault or battery and is not and does not become armed with a
207 dangerous weapon or explosive, and the offender enters or
208 remains in a:
209 (a) Dwelling, and there is another person in the dwelling
210 at the time the offender enters or remains;
211 (b) Dwelling, and there is not another person in the
212 dwelling at the time the offender enters or remains;
213 (c) Structure, and there is another person in the structure
214 at the time the offender enters or remains;
215 (d) Conveyance, and there is another person in the
216 conveyance at the time the offender enters or remains;
217 (e) Authorized emergency vehicle, as defined in s. 316.003;
218 or
219 (f) Structure or conveyance when the offense intended to be
220 committed therein is theft of a controlled substance as defined
221 in s. 893.02. Notwithstanding any other law, separate judgments
222 and sentences for burglary with the intent to commit theft of a
223 controlled substance under this paragraph and for any applicable
224 possession of controlled substance offense under s. 893.13 or
225 trafficking in controlled substance offense under s. 893.135 may
226 be imposed when all such offenses involve the same amount or
227 amounts of a controlled substance.
228
229 However, if the burglary is committed during a riot and the
230 perpetration of the burglary is facilitated by conditions
231 arising from the riot; or within a county that is subject to a
232 state of emergency declared by the Governor under chapter 252
233 after the declaration of emergency is made and the perpetration
234 of the burglary is facilitated by conditions arising from the
235 emergency, the burglary is a felony of the first degree,
236 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
237 As used in this subsection, the term “conditions arising from
238 the riot” means civil unrest, power outages, curfews, or a
239 reduction in the presence of or response time for first
240 responders or homeland security personnel and the term
241 “conditions arising from the emergency” means civil unrest,
242 power outages, curfews, voluntary or mandatory evacuations, or a
243 reduction in the presence of or response time for first
244 responders or homeland security personnel. A person arrested for
245 committing a burglary during a riot or within a county that is
246 subject to such a state of emergency may not be released until
247 the person appears before a committing magistrate at a first
248 appearance hearing. For purposes of sentencing under chapter
249 921, a felony offense that is reclassified under this subsection
250 is ranked one level above the ranking under s. 921.0022 or s.
251 921.0023 of the offense committed.
252 (4) Burglary is a felony of the third degree, punishable as
253 provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
254 course of committing the offense, the offender does not make an
255 assault or battery and is not and does not become armed with a
256 dangerous weapon or explosive, and the offender enters or
257 remains in a:
258 (a) Structure, and there is not another person in the
259 structure at the time the offender enters or remains; or
260 (b) Conveyance, and there is not another person in the
261 conveyance at the time the offender enters or remains.
262
263 However, if the burglary is committed during a riot and the
264 perpetration of the burglary is facilitated by conditions
265 arising from the riot; or within a county that is subject to a
266 state of emergency declared by the Governor under chapter 252
267 after the declaration of emergency is made and the perpetration
268 of the burglary is facilitated by conditions arising from the
269 emergency, the burglary is a felony of the second degree,
270 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
271 As used in this subsection, the terms “conditions arising from
272 the riot” and term “conditions arising from the emergency” have
273 the same meanings as provided in subsection (3) means civil
274 unrest, power outages, curfews, voluntary or mandatory
275 evacuations, or a reduction in the presence of or response time
276 for first responders or homeland security personnel. A person
277 arrested for committing a burglary during a riot or within a
278 county that is subject to such a state of emergency may not be
279 released until the person appears before a committing magistrate
280 at a first appearance hearing. For purposes of sentencing under
281 chapter 921, a felony offense that is reclassified under this
282 subsection is ranked one level above the ranking under s.
283 921.0022 or s. 921.0023 of the offense committed.
284 Section 13. Paragraphs (b) and (c) of subsection (2) of
285 section 812.014, Florida Statutes, are amended to read:
286 812.014 Theft.—
287 (2)
288 (b)1. If the property stolen is valued at $20,000 or more,
289 but less than $100,000;
290 2. The property stolen is cargo valued at less than $50,000
291 that has entered the stream of interstate or intrastate commerce
292 from the shipper’s loading platform to the consignee’s receiving
293 dock;
294 3. The property stolen is emergency medical equipment,
295 valued at $300 or more, that is taken from a facility licensed
296 under chapter 395 or from an aircraft or vehicle permitted under
297 chapter 401; or
298 4. The property stolen is law enforcement equipment, valued
299 at $300 or more, that is taken from an authorized emergency
300 vehicle, as defined in s. 316.003,
301
302 the offender commits grand theft in the second degree,
303 punishable as a felony of the second degree, as provided in s.
304 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
305 means mechanical or electronic apparatus used to provide
306 emergency services and care as defined in s. 395.002(9) or to
307 treat medical emergencies. Law enforcement equipment means any
308 property, device, or apparatus used by any law enforcement
309 officer as defined in s. 943.10 in the officer’s official
310 business. However, if the property is stolen during a riot and
311 the perpetration of the theft is facilitated by conditions
312 arising from the riot; or within a county that is subject to a
313 state of emergency declared by the Governor under chapter 252,
314 the theft is committed after the declaration of emergency is
315 made, and the perpetration of the theft is facilitated by
316 conditions arising from the emergency, the theft is a felony of
317 the first degree, punishable as provided in s. 775.082, s.
318 775.083, or s. 775.084. As used in this paragraph, the term
319 “conditions arising from the riot” means civil unrest, power
320 outages, curfews, or a reduction in the presence of or response
321 time for first responders or homeland security personnel and the
322 term “conditions arising from the emergency” means civil unrest,
323 power outages, curfews, voluntary or mandatory evacuations, or a
324 reduction in the presence of or response time for first
325 responders or homeland security personnel. A person arrested for
326 committing a theft during a riot or within a county that is
327 subject to a state of emergency may not be released until the
328 person appears before a committing magistrate at a first
329 appearance hearing. For purposes of sentencing under chapter
330 921, a felony offense that is reclassified under this paragraph
331 is ranked one level above the ranking under s. 921.0022 or s.
332 921.0023 of the offense committed.
333 (c) It is grand theft of the third degree and a felony of
334 the third degree, punishable as provided in s. 775.082, s.
335 775.083, or s. 775.084, if the property stolen is:
336 1. Valued at $750 or more, but less than $5,000.
337 2. Valued at $5,000 or more, but less than $10,000.
338 3. Valued at $10,000 or more, but less than $20,000.
339 4. A will, codicil, or other testamentary instrument.
340 5. A firearm.
341 6. A motor vehicle, except as provided in paragraph (a).
342 7. Any commercially farmed animal, including any animal of
343 the equine, avian, bovine, or swine class or other grazing
344 animal; a bee colony of a registered beekeeper; and aquaculture
345 species raised at a certified aquaculture facility. If the
346 property stolen is a commercially farmed animal, including an
347 animal of the equine, avian, bovine, or swine class or other
348 grazing animal; a bee colony of a registered beekeeper; or an
349 aquaculture species raised at a certified aquaculture facility,
350 a $10,000 fine shall be imposed.
351 8. Any fire extinguisher that, at the time of the taking,
352 was installed in any building for the purpose of fire prevention
353 and control. This subparagraph does not apply to a fire
354 extinguisher taken from the inventory at a point-of-sale
355 business.
356 9. Any amount of citrus fruit consisting of 2,000 or more
357 individual pieces of fruit.
358 10. Taken from a designated construction site identified by
359 the posting of a sign as provided for in s. 810.09(2)(d).
360 11. Any stop sign.
361 12. Anhydrous ammonia.
362 13. Any amount of a controlled substance as defined in s.
363 893.02. Notwithstanding any other law, separate judgments and
364 sentences for theft of a controlled substance under this
365 subparagraph and for any applicable possession of controlled
366 substance offense under s. 893.13 or trafficking in controlled
367 substance offense under s. 893.135 may be imposed when all such
368 offenses involve the same amount or amounts of a controlled
369 substance.
370
371 However, if the property is stolen during a riot and the
372 perpetration of the theft is facilitated by conditions arising
373 from the riot; or within a county that is subject to a state of
374 emergency declared by the Governor under chapter 252, the
375 property is stolen after the declaration of emergency is made,
376 and the perpetration of the theft is facilitated by conditions
377 arising from the emergency, the offender commits a felony of the
378 second degree, punishable as provided in s. 775.082, s. 775.083,
379 or s. 775.084, if the property is valued at $5,000 or more, but
380 less than $10,000, as provided under subparagraph 2., or if the
381 property is valued at $10,000 or more, but less than $20,000, as
382 provided under subparagraph 3. As used in this paragraph, the
383 terms “conditions arising from a riot” and term “conditions
384 arising from the emergency” have the same meanings as provided
385 in paragraph (b). A person arrested for committing a theft
386 during a riot or within a county that is subject to a state of
387 emergency may not be released until the person appears before a
388 committing magistrate at a first appearance hearing means civil
389 unrest, power outages, curfews, voluntary or mandatory
390 evacuations, or a reduction in the presence of or the response
391 time for first responders or homeland security personnel. For
392 purposes of sentencing under chapter 921, a felony offense that
393 is reclassified under this paragraph is ranked one level above
394 the ranking under s. 921.0022 or s. 921.0023 of the offense
395 committed.
396 Section 14. Section 836.115, Florida Statutes, is created
397 to read:
398 836.115 Cyberintimidation by publication.—
399 (1) As used in this section, the term:
400 (a) “Electronically publish” means to disseminate, post, or
401 otherwise disclose information to an Internet site or forum.
402 (b) “Harass” has the same meaning as provided in s.
403 817.568(1)(c).
404 (c) “Personal identification information” has the same
405 meaning as provided in s. 817.568(1)(f).
406 (2) It is unlawful for a person to electronically publish
407 another person’s personal identification information with the
408 intent to, or with the intent that a third party will use the
409 information to:
410 (a) Incite violence or commit a crime against the person;
411 or
412 (b) Threaten or harass the person, placing such person in
413 reasonable fear of bodily harm.
414
415 A person who violates this subsection commits a misdemeanor of a
416 first degree, punishable as provided in s. 775.082 or s.
417 775.083.
418 Section 15. Section 870.02, Florida Statutes, is amended to
419 read:
420 870.02 Unlawful assemblies.—
421 (1) If three or more persons meet together to commit a
422 breach of the peace, or to do any other unlawful act, each of
423 them commits shall be guilty of a misdemeanor of the second
424 degree, punishable as provided in s. 775.082 or s. 775.083.
425 (2) A person arrested for a violation of this section shall
426 be held in custody until brought before the court for admittance
427 to bail in accordance with chapter 903.
428 Section 16. Section 870.03, Florida Statutes, is repealed.
429 Section 17. Section 870.07, Florida Statutes, is created to
430 read:
431 870.07 Affirmative defense in civil action; party convicted
432 of riot.—
433 (1) In a civil action for damages for personal injury,
434 wrongful death, or property damage, it is an affirmative defense
435 that such action arose from an injury or damage sustained by a
436 participant acting in furtherance of a riot. The affirmative
437 defense authorized by this section shall be established by
438 evidence that the participant has been convicted of rioting, or
439 by proof of the commission of such crime by a preponderance of
440 the evidence.
441 (2) In a civil action in which a defendant raises an
442 affirmative defense under this section, the court must, on
443 motion by the defendant, stay the action during the pendency of
444 a criminal action that forms the basis for the defense, unless
445 the court finds that a conviction in the criminal action would
446 not form a valid defense under this section.
447 Section 18. Subsections (3) through (6) of section 872.02,
448 Florida Statutes, are renumbered as subsections (4) through (7),
449 respectively, a new subsection (3) is added to that section,
450 subsections (1) and (2) of that section are republished, and
451 present subsection (6) of that section is amended, to read:
452 872.02 Injuring or removing tomb or monument; disturbing
453 contents of grave or tomb; penalties.—
454 (1) A person commits a felony of the third degree,
455 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
456 if he or she:
457 (a) Willfully and knowingly destroys, mutilates, defaces,
458 injures, or removes any tomb, monument, gravestone, burial
459 mound, earthen or shell monument containing human skeletal
460 remains or associated burial artifacts, or other structure or
461 thing placed or designed for a memorial of the dead, or any
462 fence, railing, curb, or other thing intended for the protection
463 or ornamentation of any tomb, monument, gravestone, burial
464 mound, earthen or shell monument containing human skeletal
465 remains or associated burial artifacts, or other structure
466 before mentioned, or for any enclosure for the burial of the
467 dead; or
468 (b) Willfully destroys, mutilates, removes, cuts, breaks,
469 or injures any tree, shrub, or plant placed or being within any
470 such enclosure, except for a person performing routine
471 maintenance and upkeep.
472 (2) A person who willfully and knowingly excavates,
473 exposes, moves, removes, or otherwise disturbs the contents of a
474 grave or tomb commits a felony of the second degree, punishable
475 as provided in s. 775.082, s. 775.083, or s. 775.084.
476 (3) For purposes of sentencing under chapter 921, a
477 violation of this section, committed by a person in furtherance
478 of a riot is ranked one level above the ranking under s.
479 921.0022 or s. 921.0023 for the offense committed.
480 (7)(6) If a legally authorized person refuses to sign a
481 written authorization, as provided in paragraph (6)(a)(5)(a), or
482 if a legally authorized person objects, as provided in paragraph
483 (6)(b) (5)(b), a public hearing shall be held before the county
484 commission of the county where the cemetery is located, or the
485 city council, if the cemetery is located in a municipality, and
486 the county commission or the city council shall have the
487 authority to grant a request for relocation of the contents of
488 such graves or tombs.
489 Section 19. Paragraphs (b), (c), and (d) of subsection (3)
490 of section 921.0022, Florida Statutes, are amended to read:
491 921.0022 Criminal Punishment Code; offense severity ranking
492 chart.—
493 (3) OFFENSE SEVERITY RANKING CHART
494 (b) LEVEL 2
495
496 FloridaStatute FelonyDegree Description
497 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
498 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
499 403.413(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.
500 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
501 590.28(1) 3rd Intentional burning of lands.
502 784.03(3) 3rd Battery during a riot.
503 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
504 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
505 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
506 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
507 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
508 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
509 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
510 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
511 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
512 817.234(1)(a)2. 3rd False statement in support of insurance claim.
513 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
514 817.52(3) 3rd Failure to redeliver hired vehicle.
515 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
516 817.60(5) 3rd Dealing in credit cards of another.
517 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
518 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
519 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
520 831.01 3rd Forgery.
521 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
522 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
523 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
524 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
525 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
526 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
527 843.08 3rd False personation.
528 893.13(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.
529 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
530
531
532 (c) LEVEL 3
533
534 FloridaStatute FelonyDegree Description
535 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
536 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
537 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
538 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
539 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
540 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
541 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
542 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
543 327.35(2)(b) 3rd Felony BUI.
544 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
545 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
546 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
547 379.2431 (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.
548 379.2431 (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.
549 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
550 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
551 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
552 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
553 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
554 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
555 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
556 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
557 697.08 3rd Equity skimming.
558 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
559 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
560 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
561 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
562 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
563 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
564 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
565 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
566 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
567 817.233 3rd Burning to defraud insurer.
568 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
569 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
570 817.236 3rd Filing a false motor vehicle insurance application.
571 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
572 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
573 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
574 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
575 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
576 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
577 860.15(3) 3rd Overcharging for repairs and parts.
578 870.01(2) 3rd Riot; inciting or encouraging.
579 893.13(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).
580 893.13(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.
581 893.13(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.
582 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
583 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
584 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
585 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
586 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
587 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
588 893.13(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.
589 893.13(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.
590 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
591 893.13(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.
592 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
593 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
594 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
595 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
596
597
598 (d) LEVEL 4
599
600 FloridaStatute FelonyDegree Description
601 316.1935(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.
602 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
603 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
604 517.07(1) 3rd Failure to register securities.
605 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
606 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
607 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
608 784.075 3rd Battery on detention or commitment facility staff.
609 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
610 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
611 784.081(3) 3rd Battery on specified official or employee.
612 784.082(3) 3rd Battery by detained person on visitor or other detainee.
613 784.083(3) 3rd Battery on code inspector.
614 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
615 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
616 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
617 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
618 787.07 3rd Human smuggling.
619 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
620 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
621 790.115(2)(c) 3rd Possessing firearm on school property.
622 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
623 806.135 2nd Destroying or demolishing a memorial or historic property.
624 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
625 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
626 810.06 3rd Burglary; possession of tools.
627 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
628 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
629 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
630 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
631 817.505(4)(a) 3rd Patient brokering.
632 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
633 817.568(2)(a) 3rd Fraudulent use of personal identification information.
634 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
635 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
636 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
637 837.02(1) 3rd Perjury in official proceedings.
638 837.021(1) 3rd Make contradictory statements in official proceedings.
639 838.022 3rd Official misconduct.
640 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
641 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
642 843.021 3rd Possession of a concealed handcuff key by a person in custody.
643 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
644 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
645 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
646 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
647 893.13(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).
648 914.14(2) 3rd Witnesses accepting bribes.
649 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
650 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
651 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
652 918.12 3rd Tampering with jurors.
653 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
654 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
655 951.22(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.
656
657
658 ================= T I T L E A M E N D M E N T ================
659 And the title is amended as follows:
660 Delete lines 74 - 84.