Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS/HB 1, 1st Eng.
Ì627558QÎ627558
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
04/09/2021 .
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The Committee on Appropriations (Farmer) recommended the
following:
1 Senate Substitute for Amendment (343996) (with title
2 amendment)
3
4 Delete lines 316 - 1040
5 and insert:
6 a riot commits a misdemeanor of the first degree, punishable as
7 provided in s. 775.082 or s. 775.083.
8 Section 5. Subsection (2) of section 784.021, Florida
9 Statutes, is amended, and subsection (3) is added to that
10 section, to read:
11 784.021 Aggravated assault.—
12 (2) A person who Whoever commits an aggravated assault
13 commits shall be guilty of a felony of the third degree,
14 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
15 (3) For the purposes of sentencing under chapter 921, a
16 violation of this section committed by a person acting in
17 furtherance of a riot is ranked one level above the ranking
18 under s. 921.0022 for the offense committed.
19 Section 6. Section 784.03, Florida Statutes, is amended to
20 read:
21 784.03 Battery; felony battery.—
22 (1)(a) The offense of battery occurs when a person:
23 1. Actually and intentionally touches or strikes another
24 person against the will of the other; or
25 2. Intentionally causes bodily harm to another person.
26 (b) Except as provided in subsection (2) or subsection (3),
27 a person who commits battery commits a misdemeanor of the first
28 degree, punishable as provided in s. 775.082 or s. 775.083.
29 (2) A person who has one prior conviction for battery,
30 aggravated battery, or felony battery and who commits any second
31 or subsequent battery commits a felony of the third degree,
32 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
33 For purposes of this subsection, “conviction” means a
34 determination of guilt that is the result of a plea or a trial,
35 regardless of whether adjudication is withheld or a plea of nolo
36 contendere is entered.
37 (3) A person who commits a battery in furtherance of a riot
38 commits a felony of the third degree, punishable as provided in
39 s. 775.082, s. 775.083, or 775.084.
40 Section 7. Section 784.045, Florida Statutes, is amended to
41 read:
42 784.045 Aggravated battery.—
43 (1)(a) A person commits aggravated battery who, in
44 committing battery:
45 1. Intentionally or knowingly causes great bodily harm,
46 permanent disability, or permanent disfigurement; or
47 2. Uses a deadly weapon.
48 (b) A person commits aggravated battery if the person who
49 was the victim of the battery was pregnant at the time of the
50 offense and the offender knew or should have known that the
51 victim was pregnant.
52 (2) A person who violates subsection (1) commits Whoever
53 commits aggravated battery shall be guilty of a felony of the
54 second degree, punishable as provided in s. 775.082, s. 775.083,
55 or s. 775.084.
56 (3) For the purposes of sentencing under chapter 921, a
57 violation of this section committed by a person acting in
58 furtherance of a riot is ranked one level above the ranking
59 under s. 921.0022 for the offense committed.
60 Section 8. Section 784.0495, Florida Statutes, is created
61 to read:
62 784.0495 Mob intimidation.—
63 (1) It is unlawful for a person, assembled with two or more
64 other persons and acting with a common intent, to use force or
65 threaten to use imminent force, to compel or induce, or attempt
66 to compel or induce, another person to do or refrain from doing
67 any act or to assume, abandon, or maintain a particular
68 viewpoint against his or her will.
69 (2) A person who violates subsection (1) commits a
70 misdemeanor of the first degree, punishable as provided in s.
71 775.082 or s. 775.083.
72 (3) A person arrested for a violation of this section shall
73 be held in custody until brought before the court for admittance
74 to bail in accordance with chapter 903.
75 Section 9. Subsection (2) of section 784.07, Florida
76 Statutes, is amended, and subsection (4) is added to that
77 section, to read:
78 784.07 Assault or battery of law enforcement officers,
79 firefighters, emergency medical care providers, public transit
80 employees or agents, or other specified officers;
81 reclassification of offenses; minimum sentences.—
82 (2) Whenever any person is charged with knowingly
83 committing an assault or battery upon a law enforcement officer,
84 a firefighter, an emergency medical care provider, a railroad
85 special officer, a traffic accident investigation officer as
86 described in s. 316.640, a nonsworn law enforcement agency
87 employee who is certified as an agency inspector, a blood
88 alcohol analyst, or a breath test operator while such employee
89 is in uniform and engaged in processing, testing, evaluating,
90 analyzing, or transporting a person who is detained or under
91 arrest for DUI, a law enforcement explorer, a traffic infraction
92 enforcement officer as described in s. 316.640, a parking
93 enforcement specialist as defined in s. 316.640, a person
94 licensed as a security officer as defined in s. 493.6101 and
95 wearing a uniform that bears at least one patch or emblem that
96 is visible at all times that clearly identifies the employing
97 agency and that clearly identifies the person as a licensed
98 security officer, or a security officer employed by the board of
99 trustees of a community college, while the officer, firefighter,
100 emergency medical care provider, railroad special officer,
101 traffic accident investigation officer, traffic infraction
102 enforcement officer, inspector, analyst, operator, law
103 enforcement explorer, parking enforcement specialist, public
104 transit employee or agent, or security officer is engaged in the
105 lawful performance of his or her duties, the offense for which
106 the person is charged shall be reclassified as follows:
107 (a) In the case of assault, from a misdemeanor of the
108 second degree to a misdemeanor of the first degree.
109 (b) In the case of battery, from a misdemeanor of the first
110 degree to a felony of the third degree. Notwithstanding any
111 other provision of law, a person convicted of battery upon a law
112 enforcement officer committed in furtherance of a riot shall be
113 sentenced to a minimum term of 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 is ranked one level above the ranking
127 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 and the
231 perpetration of the burglary is facilitated by conditions
232 arising from the riot; or within a county that is subject to a
233 state of emergency declared by the Governor under chapter 252
234 after the declaration of emergency is made and the perpetration
235 of the burglary is facilitated by conditions arising from the
236 emergency, the burglary is a felony of the first degree,
237 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
238 As used in this subsection, the term “conditions arising from
239 the riot” means civil unrest, power outages, curfews, or a
240 reduction in the presence of or response time for first
241 responders or homeland security personnel and the term
242 “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 within a county that is
247 subject to such a state of emergency may not be released until
248 the person appears before a committing magistrate at a first
249 appearance hearing. For purposes of sentencing under chapter
250 921, a felony offense that is reclassified under this subsection
251 is ranked one level above the ranking under s. 921.0022 or s.
252 921.0023 of the offense committed.
253 (4) Burglary is a felony of the third degree, punishable as
254 provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
255 course of committing the offense, the offender does not make an
256 assault or battery and is not and does not become armed with a
257 dangerous weapon or explosive, and the offender enters or
258 remains in a:
259 (a) Structure, and there is not another person in the
260 structure at the time the offender enters or remains; or
261 (b) Conveyance, and there is not another person in the
262 conveyance at the time the offender enters or remains.
263
264 However, if the burglary is committed during a riot and the
265 perpetration of the burglary is facilitated by conditions
266 arising from the riot; or within a county that is subject to a
267 state of emergency declared by the Governor under chapter 252
268 after the declaration of emergency is made and the perpetration
269 of the burglary is facilitated by conditions arising from the
270 emergency, the burglary is a felony of the second degree,
271 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
272 As used in this subsection, the terms “conditions arising from
273 the riot” and term “conditions arising from the emergency” have
274 the same meanings as provided in subsection (3) means civil
275 unrest, power outages, curfews, voluntary or mandatory
276 evacuations, or a reduction in the presence of or response time
277 for first responders or homeland security personnel. A person
278 arrested for committing a burglary during a riot or within a
279 county that is subject to such a state of emergency may not be
280 released until the person appears before a committing magistrate
281 at a first appearance hearing. For purposes of sentencing under
282 chapter 921, a felony offense that is reclassified under this
283 subsection is ranked one level above the ranking under s.
284 921.0022 or s. 921.0023 of the offense committed.
285 Section 13. Paragraphs (b) and (c) of subsection (2) of
286 section 812.014, Florida Statutes, are amended to read:
287 812.014 Theft.—
288 (2)
289 (b)1. If the property stolen is valued at $20,000 or more,
290 but less than $100,000;
291 2. The property stolen is cargo valued at less than $50,000
292 that has entered the stream of interstate or intrastate commerce
293 from the shipper’s loading platform to the consignee’s receiving
294 dock;
295 3. The property stolen is emergency medical equipment,
296 valued at $300 or more, that is taken from a facility licensed
297 under chapter 395 or from an aircraft or vehicle permitted under
298 chapter 401; or
299 4. The property stolen is law enforcement equipment, valued
300 at $300 or more, that is taken from an authorized emergency
301 vehicle, as defined in s. 316.003,
302
303 the offender commits grand theft in the second degree,
304 punishable as a felony of the second degree, as provided in s.
305 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
306 means mechanical or electronic apparatus used to provide
307 emergency services and care as defined in s. 395.002(9) or to
308 treat medical emergencies. Law enforcement equipment means any
309 property, device, or apparatus used by any law enforcement
310 officer as defined in s. 943.10 in the officer’s official
311 business. However, if the property is stolen during a riot and
312 the perpetration of the theft is facilitated by conditions
313 arising from the riot; or within a county that is subject to a
314 state of emergency declared by the Governor under chapter 252,
315 the theft is committed after the declaration of emergency is
316 made, and the perpetration of the theft is facilitated by
317 conditions arising from the emergency, the theft is a felony of
318 the first degree, punishable as provided in s. 775.082, s.
319 775.083, or s. 775.084. As used in this paragraph, the term
320 “conditions arising from the riot” means civil unrest, power
321 outages, curfews, or a reduction in the presence of or response
322 time for first responders or homeland security personnel and the
323 term “conditions arising from the emergency” means civil unrest,
324 power outages, curfews, voluntary or mandatory evacuations, or a
325 reduction in the presence of or response time for first
326 responders or homeland security personnel. A person arrested for
327 committing a theft during a riot or within a county that is
328 subject to a state of emergency may not be released until the
329 person appears before a committing magistrate at a first
330 appearance hearing. For purposes of sentencing under chapter
331 921, a felony offense that is reclassified under this paragraph
332 is ranked one level above the ranking under s. 921.0022 or s.
333 921.0023 of the offense committed.
334 (c) It is grand theft of the third degree and a felony of
335 the third degree, punishable as provided in s. 775.082, s.
336 775.083, or s. 775.084, if the property stolen is:
337 1. Valued at $750 or more, but less than $5,000.
338 2. Valued at $5,000 or more, but less than $10,000.
339 3. Valued at $10,000 or more, but less than $20,000.
340 4. A will, codicil, or other testamentary instrument.
341 5. A firearm.
342 6. A motor vehicle, except as provided in paragraph (a).
343 7. Any commercially farmed animal, including any animal of
344 the equine, avian, bovine, or swine class or other grazing
345 animal; a bee colony of a registered beekeeper; and aquaculture
346 species raised at a certified aquaculture facility. If the
347 property stolen is a commercially farmed animal, including an
348 animal of the equine, avian, bovine, or swine class or other
349 grazing animal; a bee colony of a registered beekeeper; or an
350 aquaculture species raised at a certified aquaculture facility,
351 a $10,000 fine shall be imposed.
352 8. Any fire extinguisher that, at the time of the taking,
353 was installed in any building for the purpose of fire prevention
354 and control. This subparagraph does not apply to a fire
355 extinguisher taken from the inventory at a point-of-sale
356 business.
357 9. Any amount of citrus fruit consisting of 2,000 or more
358 individual pieces of fruit.
359 10. Taken from a designated construction site identified by
360 the posting of a sign as provided for in s. 810.09(2)(d).
361 11. Any stop sign.
362 12. Anhydrous ammonia.
363 13. Any amount of a controlled substance as defined in s.
364 893.02. Notwithstanding any other law, separate judgments and
365 sentences for theft of a controlled substance under this
366 subparagraph and for any applicable possession of controlled
367 substance offense under s. 893.13 or trafficking in controlled
368 substance offense under s. 893.135 may be imposed when all such
369 offenses involve the same amount or amounts of a controlled
370 substance.
371
372 However, if the property is stolen during a riot and the
373 perpetration of the theft is facilitated by conditions arising
374 from the riot; or within a county that is subject to a state of
375 emergency declared by the Governor under chapter 252, the
376 property is stolen after the declaration of emergency is made,
377 and the perpetration of the theft is facilitated by conditions
378 arising from the emergency, the offender commits a felony of the
379 second degree, punishable as provided in s. 775.082, s. 775.083,
380 or s. 775.084, if the property is valued at $5,000 or more, but
381 less than $10,000, as provided under subparagraph 2., or if the
382 property is valued at $10,000 or more, but less than $20,000, as
383 provided under subparagraph 3. As used in this paragraph, the
384 terms “conditions arising from a riot” and term “conditions
385 arising from the emergency” have the same meanings as provided
386 in paragraph (b). A person arrested for committing a theft
387 during a riot or within a county that is subject to a state of
388 emergency may not be released until the person appears before a
389 committing magistrate at a first appearance hearing means civil
390 unrest, power outages, curfews, voluntary or mandatory
391 evacuations, or a reduction in the presence of or the response
392 time for first responders or homeland security personnel. For
393 purposes of sentencing under chapter 921, a felony offense that
394 is reclassified under this paragraph is ranked one level above
395 the ranking under s. 921.0022 or s. 921.0023 of the offense
396 committed.
397 Section 14. Section 836.115, Florida Statutes, is created
398 to read:
399 836.115 Cyberintimidation by publication.—
400 (1) As used in this section, the term:
401 (a) “Electronically publish” means to disseminate, post, or
402 otherwise disclose information to an Internet site or forum.
403 (b) “Harass” has the same meaning as provided in s.
404 817.568(1)(c).
405 (c) “Personal identification information” has the same
406 meaning as provided in s. 817.568(1)(f).
407 (2) It is unlawful for a person to electronically publish
408 another person’s personal identification information with the
409 intent to, or with the intent that a third party will use the
410 information to:
411 (a) Incite violence or commit a crime against the person;
412 or
413 (b) Threaten or harass the person, placing such person in
414 reasonable fear of bodily harm.
415
416 A person who violates this subsection commits a misdemeanor of a
417 first degree, punishable as provided in s. 775.082 or s.
418 775.083.
419 Section 15. Section 870.02, Florida Statutes, is amended to
420 read:
421 870.02 Unlawful assemblies.—
422 (1) If three or more persons meet together to commit a
423 breach of the peace, or to do any other unlawful act, each of
424 them commits shall be guilty of a misdemeanor of the second
425 degree, punishable as provided in s. 775.082 or s. 775.083.
426 (2) A person arrested for a violation of this section shall
427 be held in custody until brought before the court for admittance
428 to bail in accordance with chapter 903.
429 Section 16. Section 870.03, Florida Statutes, is repealed.
430 Section 17. Section 870.07, Florida Statutes, is created to
431 read:
432 870.07 Affirmative defense in civil action; party convicted
433 of riot.—
434 (1) In a civil action for damages for personal injury,
435 wrongful death, or property damage, it is an affirmative defense
436 that such action arose from an injury or damage sustained by a
437 participant acting in furtherance of a riot. The affirmative
438 defense authorized by this section shall be established by
439 evidence that the participant has been convicted of rioting, or
440 by proof of the commission of such crime by a preponderance of
441 the evidence.
442 (2) In a civil action in which a defendant raises an
443 affirmative defense under this section, the court must, on
444 motion by the defendant, stay the action during the pendency of
445 a criminal action that forms the basis for the defense, unless
446 the court finds that a conviction in the criminal action would
447 not form a valid defense under this section.
448 Section 18. Subsections (3) through (6) of section 872.02,
449 Florida Statutes, are renumbered as subsections (4) through (7),
450 respectively, a new subsection (3) is added to that section,
451 subsections (1) and (2) of that section are republished, and
452 present subsection (6) of that section is amended, to read:
453 872.02 Injuring or removing tomb or monument; disturbing
454 contents of grave or tomb; penalties.—
455 (1) A person commits a felony of the third degree,
456 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
457 if he or she:
458 (a) Willfully and knowingly destroys, mutilates, defaces,
459 injures, or removes any tomb, monument, gravestone, burial
460 mound, earthen or shell monument containing human skeletal
461 remains or associated burial artifacts, or other structure or
462 thing placed or designed for a memorial of the dead, or any
463 fence, railing, curb, or other thing intended for the protection
464 or ornamentation of any tomb, monument, gravestone, burial
465 mound, earthen or shell monument containing human skeletal
466 remains or associated burial artifacts, or other structure
467 before mentioned, or for any enclosure for the burial of the
468 dead; or
469 (b) Willfully destroys, mutilates, removes, cuts, breaks,
470 or injures any tree, shrub, or plant placed or being within any
471 such enclosure, except for a person performing routine
472 maintenance and upkeep.
473 (2) A person who willfully and knowingly excavates,
474 exposes, moves, removes, or otherwise disturbs the contents of a
475 grave or tomb commits a felony of the second degree, punishable
476 as provided in s. 775.082, s. 775.083, or s. 775.084.
477 (3) For purposes of sentencing under chapter 921, a
478 violation of this section, committed by a person in furtherance
479 of a riot is ranked one level above the ranking under s.
480 921.0022 or s. 921.0023 for the offense committed.
481 (7)(6) If a legally authorized person refuses to sign a
482 written authorization, as provided in paragraph (6)(a)(5)(a), or
483 if a legally authorized person objects, as provided in paragraph
484 (6)(b) (5)(b), a public hearing shall be held before the county
485 commission of the county where the cemetery is located, or the
486 city council, if the cemetery is located in a municipality, and
487 the county commission or the city council shall have the
488 authority to grant a request for relocation of the contents of
489 such graves or tombs.
490 Section 19. Paragraphs (b), (c), and (d) of subsection (3)
491 of section 921.0022, Florida Statutes, are amended to read:
492 921.0022 Criminal Punishment Code; offense severity ranking
493 chart.—
494 (3) OFFENSE SEVERITY RANKING CHART
495 (b) LEVEL 2
496
497 FloridaStatute FelonyDegree Description
498 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
499 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
500 403.413(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.
501 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
502 590.28(1) 3rd Intentional burning of lands.
503 784.03(3) 3rd Battery during a riot.
504 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
505 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
506 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
507 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
508 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
509 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
510 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
511 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
512 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
513 817.234(1)(a)2. 3rd False statement in support of insurance claim.
514 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
515 817.52(3) 3rd Failure to redeliver hired vehicle.
516 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
517 817.60(5) 3rd Dealing in credit cards of another.
518 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
519 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
520 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
521 831.01 3rd Forgery.
522 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
523 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
524 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
525 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
526 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
527 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
528 843.08 3rd False personation.
529 893.13(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.
530 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
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 (d) LEVEL 4
598
599 FloridaStatute FelonyDegree Description
600 316.1935(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.
601 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
602 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
603 517.07(1) 3rd Failure to register securities.
604 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
605 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
606 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
607 784.075 3rd Battery on detention or commitment facility staff.
608 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
609 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
610 784.081(3) 3rd Battery on specified official or employee.
611 784.082(3) 3rd Battery by detained person on visitor or other detainee.
612 784.083(3) 3rd Battery on code inspector.
613 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
614 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
615 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
616 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
617 787.07 3rd Human smuggling.
618 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
619 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
620 790.115(2)(c) 3rd Possessing firearm on school property.
621 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
622 806.135 2nd Destroying or demolishing a memorial or historic property.
623 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
624 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
625 810.06 3rd Burglary; possession of tools.
626 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
627 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
628 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
629 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
630 817.505(4)(a) 3rd Patient brokering.
631 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
632 817.568(2)(a) 3rd Fraudulent use of personal identification information.
633 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
634 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
635 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
636 837.02(1) 3rd Perjury in official proceedings.
637 837.021(1) 3rd Make contradictory statements in official proceedings.
638 838.022 3rd Official misconduct.
639 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
640 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
641 843.021 3rd Possession of a concealed handcuff key by a person in custody.
642 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
643 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
644 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
645 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
646 893.13(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).
647 914.14(2) 3rd Witnesses accepting bribes.
648 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
649 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
650 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
651 918.12 3rd Tampering with jurors.
652 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
653 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
654 951.22(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.
655
656 ================= T I T L E A M E N D M E N T ================
657 And the title is amended as follows:
658 Delete lines 74 - 84.