Florida Senate - 2023 SB 1456
By Senator Avila
39-01872A-23 20231456__
1 A bill to be entitled
2 An act relating to firearm offenses; amending s.
3 775.087, F.S.; adding the conviction for committing or
4 the attempt to commit a felony offense of human
5 trafficking to the list of offenses during the
6 commission of which if a person possesses a firearm,
7 destructive device, a semiautomatic firearm and its
8 high-capacity detachable box magazine, or a machine
9 gun, such person is subject to a specified mandatory
10 minimum term of imprisonment; conforming provisions to
11 changes made by the act; amending s. 790.22, F.S.;
12 increasing the maximum number of days of detention
13 that a minor who violates specified provisions for a
14 first, second, or subsequent offense may serve in a
15 secure detention facility; amending s. 812.014, F.S.;
16 increasing the criminal penalties and providing that
17 it is grand theft of the second degree if the property
18 stolen is a firearm and the offender has previously
19 been convicted for grand theft of a firearm under a
20 specified provision; conforming a provision to changes
21 made by the act; amending s. 985.24, F.S.; requiring
22 consideration of a juvenile’s use of a firearm when
23 determining detention; amending s. 985.245, F.S.;
24 requiring the juvenile risk assessment instrument to
25 consider a juvenile’s unlawful use of a firearm;
26 amending s. 985.25, F.S.; requiring a juvenile charged
27 with an offense involving the possession or use of a
28 firearm to be placed in secure detention care at a
29 specified hearing; amending s. 921.0022, F.S.; ranking
30 offenses on the offense severity ranking chart of the
31 Criminal Punishment Code; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Paragraph (a) of subsection (2) and paragraph
36 (a) of subsection (3) of section 775.087, Florida Statutes, are
37 amended to read:
38 775.087 Possession or use of weapon; aggravated battery;
39 felony reclassification; minimum sentence.—
40 (2)(a)1. Any person who is convicted of a felony or an
41 attempt to commit a felony, regardless of whether the use of a
42 weapon is an element of the felony, and the conviction was for:
43 a. Murder;
44 b. Sexual battery;
45 c. Robbery;
46 d. Burglary;
47 e. Arson;
48 f. Aggravated battery;
49 g. Kidnapping;
50 h. Escape;
51 i. Aircraft piracy;
52 j. Aggravated child abuse;
53 k. Aggravated abuse of an elderly person or disabled adult;
54 l. Unlawful throwing, placing, or discharging of a
55 destructive device or bomb;
56 m. Carjacking;
57 n. Home-invasion robbery;
58 o. Aggravated stalking;
59 p. Trafficking in cannabis, trafficking in cocaine, capital
60 importation of cocaine, trafficking in illegal drugs, capital
61 importation of illegal drugs, trafficking in phencyclidine,
62 capital importation of phencyclidine, trafficking in
63 methaqualone, capital importation of methaqualone, trafficking
64 in amphetamine, capital importation of amphetamine, trafficking
65 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
66 (GHB), trafficking in 1,4-Butanediol, trafficking in
67 Phenethylamines, or other violation of s. 893.135(1); or
68 q. Human trafficking; or
69 r. Possession of a firearm by a felon;
70
71 and during the commission of the offense, such person actually
72 possessed a “firearm” or “destructive device” as those terms are
73 defined in s. 790.001, shall be sentenced to a minimum term of
74 imprisonment of 10 years, except that a person who is convicted
75 for possession of a firearm by a felon or burglary of a
76 conveyance shall be sentenced to a minimum term of imprisonment
77 of 3 years if such person possessed a “firearm” or “destructive
78 device” during the commission of the offense. However, if an
79 offender who is convicted of the offense of possession of a
80 firearm by a felon has a previous conviction of committing or
81 attempting to commit a felony listed in s. 775.084(1)(b)1. and
82 actually possessed a firearm or destructive device during the
83 commission of the prior felony, the offender shall be sentenced
84 to a minimum term of imprisonment of 10 years.
85 2. Any person who is convicted of a felony or an attempt to
86 commit a felony listed in sub-subparagraphs 1.a.-q. sub
87 subparagraphs (a)1.a.-p., regardless of whether the use of a
88 weapon is an element of the felony, and during the course of the
89 commission of the felony such person discharged a “firearm” or
90 “destructive device” as defined in s. 790.001 shall be sentenced
91 to a minimum term of imprisonment of 20 years.
92 3. Any person who is convicted of a felony or an attempt to
93 commit a felony listed in sub-subparagraphs 1.a.-q. sub
94 subparagraphs (a)1.a.-p., regardless of whether the use of a
95 weapon is an element of the felony, and during the course of the
96 commission of the felony such person discharged a “firearm” or
97 “destructive device” as defined in s. 790.001 and, as the result
98 of the discharge, death or great bodily harm was inflicted upon
99 any person, the convicted person shall be sentenced to a minimum
100 term of imprisonment of not less than 25 years and not more than
101 a term of imprisonment of life in prison.
102 (3)(a)1. Any person who is convicted of a felony or an
103 attempt to commit a felony, regardless of whether the use of a
104 firearm is an element of the felony, and the conviction was for:
105 a. Murder;
106 b. Sexual battery;
107 c. Robbery;
108 d. Burglary;
109 e. Arson;
110 f. Aggravated battery;
111 g. Kidnapping;
112 h. Escape;
113 i. Sale, manufacture, delivery, or intent to sell,
114 manufacture, or deliver any controlled substance;
115 j. Aircraft piracy;
116 k. Aggravated child abuse;
117 l. Aggravated abuse of an elderly person or disabled adult;
118 m. Unlawful throwing, placing, or discharging of a
119 destructive device or bomb;
120 n. Carjacking;
121 o. Home-invasion robbery;
122 p. Aggravated stalking; or
123 q. Trafficking in cannabis, trafficking in cocaine, capital
124 importation of cocaine, trafficking in illegal drugs, capital
125 importation of illegal drugs, trafficking in phencyclidine,
126 capital importation of phencyclidine, trafficking in
127 methaqualone, capital importation of methaqualone, trafficking
128 in amphetamine, capital importation of amphetamine, trafficking
129 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
130 (GHB), trafficking in 1,4-Butanediol, trafficking in
131 Phenethylamines, or other violation of s. 893.135(1); or
132 r. Human trafficking;
133
134 and during the commission of the offense, such person possessed
135 a semiautomatic firearm and its high-capacity detachable box
136 magazine or a machine gun as defined in s. 790.001, shall be
137 sentenced to a minimum term of imprisonment of 15 years.
138 2. Any person who is convicted of a felony or an attempt to
139 commit a felony listed in subparagraph 1. subparagraph (a)1.,
140 regardless of whether the use of a weapon is an element of the
141 felony, and during the course of the commission of the felony
142 such person discharged a semiautomatic firearm and its high
143 capacity box magazine or a “machine gun” as defined in s.
144 790.001 shall be sentenced to a minimum term of imprisonment of
145 20 years.
146 3. Any person who is convicted of a felony or an attempt to
147 commit a felony listed in subparagraph 1. subparagraph (a)1.,
148 regardless of whether the use of a weapon is an element of the
149 felony, and during the course of the commission of the felony
150 such person discharged a semiautomatic firearm and its high
151 capacity box magazine or a “machine gun” as defined in s.
152 790.001 and, as the result of the discharge, death or great
153 bodily harm was inflicted upon any person, the convicted person
154 shall be sentenced to a minimum term of imprisonment of not less
155 than 25 years and not more than a term of imprisonment of life
156 in prison.
157 Section 2. Subsection (5) of section 790.22, Florida
158 Statutes, is amended, and subsection (3) of that section is
159 republished, to read:
160 790.22 Use of BB guns, air or gas-operated guns, or
161 electric weapons or devices by minor under 16; limitation;
162 possession of firearms by minor under 18 prohibited; penalties.—
163 (3) A minor under 18 years of age may not possess a
164 firearm, other than an unloaded firearm at his or her home,
165 unless:
166 (a) The minor is engaged in a lawful hunting activity and
167 is:
168 1. At least 16 years of age; or
169 2. Under 16 years of age and supervised by an adult.
170 (b) The minor is engaged in a lawful marksmanship
171 competition or practice or other lawful recreational shooting
172 activity and is:
173 1. At least 16 years of age; or
174 2. Under 16 years of age and supervised by an adult who is
175 acting with the consent of the minor’s parent or guardian.
176 (c) The firearm is unloaded and is being transported by the
177 minor directly to or from an event authorized in paragraph (a)
178 or paragraph (b).
179 (5)(a) A minor who violates subsection (3) commits a
180 misdemeanor of the first degree; for a first offense, may serve
181 a period of detention of up to 5 3 days in a secure detention
182 facility; and, in addition to any other penalty provided by law,
183 shall be required to perform 100 hours of community service;
184 and:
185 1. If the minor is eligible by reason of age for a driver
186 license or driving privilege, the court may direct the
187 Department of Highway Safety and Motor Vehicles to revoke or to
188 withhold issuance of the minor’s driver license or driving
189 privilege for up to 1 year.
190 2. If the minor’s driver license or driving privilege is
191 under suspension or revocation for any reason, the court may
192 direct the Department of Highway Safety and Motor Vehicles to
193 extend the period of suspension or revocation by an additional
194 period of up to 1 year.
195 3. If the minor is ineligible by reason of age for a driver
196 license or driving privilege, the court may direct the
197 Department of Highway Safety and Motor Vehicles to withhold
198 issuance of the minor’s driver license or driving privilege for
199 up to 1 year after the date on which the minor would otherwise
200 have become eligible.
201 (b) For a second or subsequent offense, a minor who
202 violates subsection (3) commits a felony of the third degree and
203 shall serve a period of detention of up to 21 15 days in a
204 secure detention facility and shall be required to perform not
205 less than 100 nor more than 250 hours of community service, and:
206 1. If the minor is eligible by reason of age for a driver
207 license or driving privilege, the court may direct the
208 Department of Highway Safety and Motor Vehicles to revoke or to
209 withhold issuance of the minor’s driver license or driving
210 privilege for up to 2 years.
211 2. If the minor’s driver license or driving privilege is
212 under suspension or revocation for any reason, the court may
213 direct the Department of Highway Safety and Motor Vehicles to
214 extend the period of suspension or revocation by an additional
215 period of up to 2 years.
216 3. If the minor is ineligible by reason of age for a driver
217 license or driving privilege, the court may direct the
218 Department of Highway Safety and Motor Vehicles to withhold
219 issuance of the minor’s driver license or driving privilege for
220 up to 2 years after the date on which the minor would otherwise
221 have become eligible.
222
223 For the purposes of this subsection, community service shall be
224 performed, if possible, in a manner involving a hospital
225 emergency room or other medical environment that deals on a
226 regular basis with trauma patients and gunshot wounds.
227 Section 3. Subsection (2) of section 812.014, Florida
228 Statutes, is amended to read:
229 812.014 Theft.—
230 (2)(a)1. If the property stolen is valued at $100,000 or
231 more or is a semitrailer that was deployed by a law enforcement
232 officer; or
233 2. If the property stolen is cargo valued at $50,000 or
234 more that has entered the stream of interstate or intrastate
235 commerce from the shipper’s loading platform to the consignee’s
236 receiving dock; or
237 3. If the offender commits any grand theft and:
238 a. In the course of committing the offense the offender
239 uses a motor vehicle as an instrumentality, other than merely as
240 a getaway vehicle, to assist in committing the offense and
241 thereby damages the real property of another; or
242 b. In the course of committing the offense the offender
243 causes damage to the real or personal property of another in
244 excess of $1,000,
245
246 the offender commits grand theft in the first degree, punishable
247 as a felony of the first degree, as provided in s. 775.082, s.
248 775.083, or s. 775.084.
249 (b)1. If the property stolen is valued at $20,000 or more,
250 but less than $100,000;
251 2. If the property stolen is cargo valued at less than
252 $50,000 that has entered the stream of interstate or intrastate
253 commerce from the shipper’s loading platform to the consignee’s
254 receiving dock;
255 3. If the property stolen is emergency medical equipment,
256 valued at $300 or more, that is taken from a facility licensed
257 under chapter 395 or from an aircraft or vehicle permitted under
258 chapter 401; or
259 4. If the property stolen is law enforcement equipment,
260 valued at $300 or more, that is taken from an authorized
261 emergency vehicle, as defined in s. 316.003,
262
263 the offender commits grand theft in the second degree,
264 punishable as a felony of the second degree, as provided in s.
265 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
266 means mechanical or electronic apparatus used to provide
267 emergency services and care as defined in s. 395.002(9) or to
268 treat medical emergencies. Law enforcement equipment means any
269 property, device, or apparatus used by any law enforcement
270 officer as defined in s. 943.10 in the officer’s official
271 business. However, if the property is stolen during a riot or an
272 aggravated riot prohibited under s. 870.01 and the perpetration
273 of the theft is facilitated by conditions arising from the riot;
274 or within a county that is subject to a state of emergency
275 declared by the Governor under chapter 252, the theft is
276 committed after the declaration of emergency is made, and the
277 perpetration of the theft is facilitated by conditions arising
278 from the emergency, the theft is a felony of the first degree,
279 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
280 As used in this paragraph, the term “conditions arising from the
281 riot” means civil unrest, power outages, curfews, or a reduction
282 in the presence of or response time for first responders or
283 homeland security personnel and the term “conditions arising
284 from the emergency” means civil unrest, power outages, curfews,
285 voluntary or mandatory evacuations, or a reduction in the
286 presence of or response time for first responders or homeland
287 security personnel. A person arrested for committing a theft
288 during a riot or an aggravated riot or within a county that is
289 subject to a state of emergency may not be released until the
290 person appears before a committing magistrate at a first
291 appearance hearing. For purposes of sentencing under chapter
292 921, a felony offense that is reclassified under this paragraph
293 is ranked one level above the ranking under s. 921.0022 or s.
294 921.0023 of the offense committed.
295 (c) It is grand theft of the third degree and a felony of
296 the third degree, punishable as provided in s. 775.082, s.
297 775.083, or s. 775.084, if the property stolen is:
298 1. Valued at $750 or more, but less than $5,000.
299 2. Valued at $5,000 or more, but less than $10,000.
300 3. Valued at $10,000 or more, but less than $20,000.
301 4. A will, codicil, or other testamentary instrument.
302 5. A firearm, except as provided in paragraph (f).
303 6. A motor vehicle, except as provided in paragraph (a).
304 7. Any commercially farmed animal, including any animal of
305 the equine, avian, bovine, or swine class or other grazing
306 animal; a bee colony of a registered beekeeper; and aquaculture
307 species raised at a certified aquaculture facility. If the
308 property stolen is a commercially farmed animal, including an
309 animal of the equine, avian, bovine, or swine class or other
310 grazing animal; a bee colony of a registered beekeeper; or an
311 aquaculture species raised at a certified aquaculture facility,
312 a $10,000 fine shall be imposed.
313 8. Any fire extinguisher that, at the time of the taking,
314 was installed in any building for the purpose of fire prevention
315 and control. This subparagraph does not apply to a fire
316 extinguisher taken from the inventory at a point-of-sale
317 business.
318 9. Any amount of citrus fruit consisting of 2,000 or more
319 individual pieces of fruit.
320 10. Taken from a designated construction site identified by
321 the posting of a sign as provided for in s. 810.09(2)(d).
322 11. Any stop sign.
323 12. Anhydrous ammonia.
324 13. Any amount of a controlled substance as defined in s.
325 893.02. Notwithstanding any other law, separate judgments and
326 sentences for theft of a controlled substance under this
327 subparagraph and for any applicable possession of controlled
328 substance offense under s. 893.13 or trafficking in controlled
329 substance offense under s. 893.135 may be imposed when all such
330 offenses involve the same amount or amounts of a controlled
331 substance.
332
333 However, if the property is stolen during a riot or an
334 aggravated riot prohibited under s. 870.01 and the perpetration
335 of the theft is facilitated by conditions arising from the riot;
336 or within a county that is subject to a state of emergency
337 declared by the Governor under chapter 252, the property is
338 stolen after the declaration of emergency is made, and the
339 perpetration of the theft is facilitated by conditions arising
340 from the emergency, the offender commits a felony of the second
341 degree, punishable as provided in s. 775.082, s. 775.083, or s.
342 775.084, if the property is valued at $5,000 or more, but less
343 than $10,000, as provided under subparagraph 2., or if the
344 property is valued at $10,000 or more, but less than $20,000, as
345 provided under subparagraph 3. As used in this paragraph, the
346 terms “conditions arising from a riot” and “conditions arising
347 from the emergency” have the same meanings as provided in
348 paragraph (b). A person arrested for committing a theft during a
349 riot or an aggravated riot or within a county that is subject to
350 a state of emergency may not be released until the person
351 appears before a committing magistrate at a first appearance
352 hearing. For purposes of sentencing under chapter 921, a felony
353 offense that is reclassified under this paragraph is ranked one
354 level above the ranking under s. 921.0022 or s. 921.0023 of the
355 offense committed.
356 (d) It is grand theft of the third degree and a felony of
357 the third degree, punishable as provided in s. 775.082, s.
358 775.083, or s. 775.084, if the property stolen is valued at $100
359 or more, but less than $750, and is taken from a dwelling as
360 defined in s. 810.011(2) or from the unenclosed curtilage of a
361 dwelling pursuant to s. 810.09(1).
362 (e) Except as provided in paragraph (d), if the property
363 stolen is valued at $100 or more, but less than $750, the
364 offender commits petit theft of the first degree, punishable as
365 a misdemeanor of the first degree, as provided in s. 775.082 or
366 s. 775.083.
367 (f) It is grand theft of the second degree and a felony of
368 the second degree, punishable as provided in s. 775.082, s.
369 775.083, or s. 775.084, if the property stolen is a firearm and
370 the offender has previously been convicted of grand theft of a
371 firearm under subparagraph (c)5.
372 Section 4. Paragraph (b) of subsection (1) of section
373 985.24, Florida Statutes, is amended to read:
374 985.24 Use of detention; prohibitions.—
375 (1) All determinations and court orders regarding the use
376 of detention care shall be based primarily upon findings that
377 the child:
378 (b) Presents a substantial risk of inflicting bodily harm
379 on others as evidenced by recent behavior, including the illegal
380 possession or use of a firearm;
381 Section 5. Paragraph (b) of subsection (2) of section
382 985.245, Florida Statutes, is amended to read:
383 985.245 Risk assessment instrument.—
384 (2)
385 (b) The risk assessment instrument shall take into
386 consideration, but need not be limited to, pending felony and
387 misdemeanor offenses, offenses committed pending adjudication,
388 prior offenses, unlawful possession or use of a firearm, prior
389 history of failure to appear, violations of supervision, and
390 supervision status at the time the child is taken into custody.
391 The risk assessment instrument shall also take into
392 consideration all statutory mandates for detention care. The
393 risk assessment instrument shall also include any information
394 concerning the child’s history of abuse and neglect. The risk
395 assessment shall indicate whether detention care is warranted,
396 and, if detention care is warranted, whether the child should be
397 placed into secure or supervised release detention care.
398 Section 6. Paragraph (b) of subsection (1) of section
399 985.25, Florida Statutes, is amended to read:
400 985.25 Detention intake.—
401 (1) The department shall receive custody of a child who has
402 been taken into custody from the law enforcement agency or court
403 and shall review the facts in the law enforcement report or
404 probable cause affidavit and make such further inquiry as may be
405 necessary to determine whether detention care is appropriate.
406 (b) The department shall base the decision whether to place
407 the child into detention care on an assessment of risk in
408 accordance with the risk assessment instrument and procedures
409 developed by the department under s. 985.245, except that a
410 child shall be placed in secure detention care until the child’s
411 detention hearing if the child meets the criteria specified in
412 s. 985.255(1)(f), or is charged with possessing or discharging a
413 firearm on school property in violation of s. 790.115, or is
414 charged with any other offense involving the possession or use
415 of a firearm.
416
417 Under no circumstances shall the department or the state
418 attorney or law enforcement officer authorize the detention of
419 any child in a jail or other facility intended or used for the
420 detention of adults, without an order of the court.
421 Section 7. Paragraphs (d), (f), and (g) of subsection (3)
422 of section 921.0022, Florida Statutes, are amended to read:
423 921.0022 Criminal Punishment Code; offense severity ranking
424 chart.—
425 (3) OFFENSE SEVERITY RANKING CHART
426 (d) LEVEL 4
427
428 FloridaStatute FelonyDegree Description
429 316.1935(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.
430 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
431 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
432 517.07(1) 3rd Failure to register securities.
433 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
434 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
435 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
436 784.075 3rd Battery on detention or commitment facility staff.
437 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
438 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
439 784.081(3) 3rd Battery on specified official or employee.
440 784.082(3) 3rd Battery by detained person on visitor or other detainee.
441 784.083(3) 3rd Battery on code inspector.
442 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
443 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
444 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
445 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
446 787.07 3rd Human smuggling.
447 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
448 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
449 790.115(2)(c) 3rd Possessing firearm on school property.
450 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
451 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
452 806.135 2nd Destroying or demolishing a memorial or historic property.
453 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
454 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
455 810.06 3rd Burglary; possession of tools.
456 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
457 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
458 812.014 (2)(c)4. & 6.-10.812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
459 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
460 817.505(4)(a) 3rd Patient brokering.
461 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
462 817.568(2)(a) 3rd Fraudulent use of personal identification information.
463 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
464 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
465 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
466 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
467 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
468 837.02(1) 3rd Perjury in official proceedings.
469 837.021(1) 3rd Make contradictory statements in official proceedings.
470 838.022 3rd Official misconduct.
471 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
472 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
473 843.021 3rd Possession of a concealed handcuff key by a person in custody.
474 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
475 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
476 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
477 870.01(3) 2nd Aggravated rioting.
478 870.01(5) 2nd Aggravated inciting a riot.
479 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
480 893.13(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).
481 914.14(2) 3rd Witnesses accepting bribes.
482 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
483 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
484 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
485 918.12 3rd Tampering with jurors.
486 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
487 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
488 951.22(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.
489 (f) LEVEL 6
490
491 FloridaStatute FelonyDegree Description
492 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
493 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
494 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
495 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
496 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
497 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
498 775.0875(1) 3rd Taking firearm from law enforcement officer.
499 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
500 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
501 784.041 3rd Felony battery; domestic battery by strangulation.
502 784.048(3) 3rd Aggravated stalking; credible threat.
503 784.048(5) 3rd Aggravated stalking of person under 16.
504 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
505 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
506 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
507 784.081(2) 2nd Aggravated assault on specified official or employee.
508 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
509 784.083(2) 2nd Aggravated assault on code inspector.
510 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
511 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
512 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
513 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
514 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
515 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
516 794.05(1) 2nd Unlawful sexual activity with specified minor.
517 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
518 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
519 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
520 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
521 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
522 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
523 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
524 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
525 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
526 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
527 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
528 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
529 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
530 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
531 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
532 825.102(1) 3rd Abuse of an elderly person or disabled adult.
533 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
534 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
535 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
536 827.03(2)(c) 3rd Abuse of a child.
537 827.03(2)(d) 3rd Neglect of a child.
538 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
539 828.126(3) 3rd Sexual activities involving animals.
540 836.05 2nd Threats; extortion.
541 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
542 843.12 3rd Aids or assists person to escape.
543 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
544 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
545 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
546 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
547 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
548 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
549 944.40 2nd Escapes.
550 944.46 3rd Harboring, concealing, aiding escaped prisoners.
551 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
552 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
553 (g) LEVEL 7
554
555 FloridaStatute FelonyDegree Description
556 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
557 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
558 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
559 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
560 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
561 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
562 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
563 456.065(2) 3rd Practicing a health care profession without a license.
564 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
565 458.327(1) 3rd Practicing medicine without a license.
566 459.013(1) 3rd Practicing osteopathic medicine without a license.
567 460.411(1) 3rd Practicing chiropractic medicine without a license.
568 461.012(1) 3rd Practicing podiatric medicine without a license.
569 462.17 3rd Practicing naturopathy without a license.
570 463.015(1) 3rd Practicing optometry without a license.
571 464.016(1) 3rd Practicing nursing without a license.
572 465.015(2) 3rd Practicing pharmacy without a license.
573 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
574 467.201 3rd Practicing midwifery without a license.
575 468.366 3rd Delivering respiratory care services without a license.
576 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
577 483.901(7) 3rd Practicing medical physics without a license.
578 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
579 484.053 3rd Dispensing hearing aids without a license.
580 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
581 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
582 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
583 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
584 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
585 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
586 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
587 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
588 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
589 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
590 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
591 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
592 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
593 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
594 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
595 784.048(7) 3rd Aggravated stalking; violation of court order.
596 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
597 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
598 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
599 784.081(1) 1st Aggravated battery on specified official or employee.
600 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
601 784.083(1) 1st Aggravated battery on code inspector.
602 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
603 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
604 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
605 790.16(1) 1st Discharge of a machine gun under specified circumstances.
606 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
607 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
608 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
609 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
610 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
611 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
612 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
613 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
614 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
615 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
616 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
617 806.01(2) 2nd Maliciously damage structure by fire or explosive.
618 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
619 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
620 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
621 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
622 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
623 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
624 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
625 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
626 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
627 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
628 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
629 812.131(2)(a) 2nd Robbery by sudden snatching.
630 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
631 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
632 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
633 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
634 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
635 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
636 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
637 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
638 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
639 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
640 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
641 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
642 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
643 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
644 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
645 838.015 2nd Bribery.
646 838.016 2nd Unlawful compensation or reward for official behavior.
647 838.021(3)(a) 2nd Unlawful harm to a public servant.
648 838.22 2nd Bid tampering.
649 843.0855(2) 3rd Impersonation of a public officer or employee.
650 843.0855(3) 3rd Unlawful simulation of legal process.
651 843.0855(4) 3rd Intimidation of a public officer or employee.
652 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
653 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
654 872.06 2nd Abuse of a dead human body.
655 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
656 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
657 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
658 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
659 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
660 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
661 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
662 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
663 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
664 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
665 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
666 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
667 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
668 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
669 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
670 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
671 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
672 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
673 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
674 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
675 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
676 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
677 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
678 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
679 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
680 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
681 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
682 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
683 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
684 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
685 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
686 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
687 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
688 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
689 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
690 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
691 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
692 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
693 Section 8. This act shall take effect October 1, 2023.