Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1046
       
       
       
       
       
       
                                Ì879358[Î879358                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2024           .                                
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       The Committee on Fiscal Policy (Martin) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 149 - 488
    4  and insert:
    5         1.At the time of the violation the person is knowingly
    6  acting as a manager; or
    7         2.Has one prior conviction for a violation of this
    8  section.
    9         (c)A person commits a felony of the second degree,
   10  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   11  if he or she violates subsection (2) and:
   12         1.a.At the time of the violation the person is knowingly
   13  acting as a manager; and
   14         b.The violation involves five or more slot machines or
   15  devices; or
   16         2.Has two or more prior convictions for a violation of
   17  this section.
   18         (4)(2) Pursuant to section 2 of that chapter of the
   19  Congress of the United States entitled “An act to prohibit
   20  transportation of gaming devices in interstate and foreign
   21  commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
   22  1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
   23  of Florida, acting by and through the duly elected and qualified
   24  members of its Legislature, does hereby in this section, and in
   25  accordance with and in compliance with the provisions of section
   26  2 of such chapter of Congress, declare and proclaim that any
   27  county of the State of Florida within which slot machine gaming
   28  is authorized pursuant to chapter 551 is exempt from the
   29  provisions of section 2 of that chapter of the Congress of the
   30  United States entitled “An act to prohibit transportation of
   31  gaming devices in interstate and foreign commerce,” designated
   32  as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
   33  shipments of gaming devices, including slot machines, into any
   34  county of this state within which slot machine gaming is
   35  authorized pursuant to chapter 551 and the registering,
   36  recording, and labeling of which have been duly performed by the
   37  manufacturer or distributor thereof in accordance with sections
   38  3 and 4 of that chapter of the Congress of the United States
   39  entitled “An act to prohibit transportation of gaming devices in
   40  interstate and foreign commerce,” approved January 2, 1951,
   41  being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
   42  ss. 1171-1177, shall be deemed legal shipments thereof into this
   43  state provided the destination of such shipments is an eligible
   44  facility as defined in s. 551.102 or the facility of a slot
   45  machine manufacturer or slot machine distributor as provided in
   46  s. 551.109(2)(a).
   47         Section 4. Section 849.155, Florida Statutes, is created to
   48  read:
   49         849.155Trafficking in slot machines or devices or any
   50  parts thereof.—Any person who knowingly sells, purchases,
   51  manufactures, transports, delivers, or brings into this state
   52  more than 15 slot machines or devices or any part thereof,
   53  commits a felony of the first degree, punishable as provided in
   54  s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot
   55  machines or devices or any part thereof involved:
   56         (1)Is more than 15 slot machines or devices or any part
   57  thereof, but less than 25 slot machines or devices or any part
   58  thereof, such person must be ordered to pay a fine of $100,000.
   59         (2)Is 25 slot machines or devices or any part thereof or
   60  more, but less than 50 slot machines or devices or any part
   61  thereof, such person must be ordered to pay a fine of $250,000.
   62         (3)Is 50 slot machines or devices or any part thereof or
   63  more, such person must be ordered to pay a fine of $500,000.
   64  
   65  All fines imposed and collected pursuant to this section must be
   66  deposited into the Pari-mutuel Wagering Trust Fund and may be
   67  used for the enforcement of chapters 546, 550, and 551, and this
   68  chapter by the Florida Gaming Control Commission.
   69         Section 5. Section 849.157, Florida Statutes, is created to
   70  read:
   71         849.157Making a false or misleading statement regarding
   72  the legality of slot machines or devices to facilitate sale.—
   73         (1)Except as provided in subsection (2), a person who
   74  knowingly and willfully makes a materially false or misleading
   75  statement or who knowingly and willfully disseminates false or
   76  misleading information regarding the legality of a slot machine
   77  or device for the purpose of facilitating the sale or delivery
   78  of a slot machine or device for any money or other valuable
   79  consideration commits a felony of the third degree, punishable
   80  as provided in s. 775.082, s. 775.083, or s. 775.084.
   81         (2)A person who violates subsection (1) when such a
   82  violation involves the sale or delivery, or attempted sale or
   83  delivery, of five or more slot machines or devices commits a
   84  felony of the second degree, punishable as provided in s.
   85  775.082, s. 775.083, or s. 775.084.
   86         Section 6. Section 849.23, Florida Statutes, is repealed.
   87         Section 7. Section 849.47, Florida Statutes, is created to
   88  read:
   89         849.47Transporting or procuring the transportation of
   90  persons to facilitate illegal gambling.—
   91         (1)Except as provided in subsection (2), a person who
   92  knowingly and willfully for profit or hire transports, or
   93  procures the transportation of, five or more other persons into
   94  or within this state when he or she knows or reasonably should
   95  know such transportation is for the purpose of facilitating
   96  illegal gambling commits a misdemeanor of the first degree,
   97  punishable as provided in s. 775.082 or s. 775.083.
   98         (2)(a)A person who transports, or procures the
   99  transportation of, a minor or a person 65 years of age or older
  100  in violation of subsection (1) commits a felony of the third
  101  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  102  775.084.
  103         (b)A person who transports, or procures the transportation
  104  of, 12 or more persons in violation of subsection (1) commits a
  105  felony of the third degree, punishable as provided in s.
  106  775.082, s. 775.083, or s. 775.084.
  107         (3)As used in this section, the term “illegal gambling”
  108  means any criminal violation of chapter 546, chapter 550,
  109  chapter 551, or this chapter that occurs at any business,
  110  establishment, premises, or other location which operates for
  111  profit.
  112         Section 8. Section 849.48, Florida Statutes, is created to
  113  read:
  114         849.48Gambling or gaming advertisements; prohibited.—
  115         (1)(a)Except as otherwise specifically authorized by law,
  116  a person may not knowingly and intentionally make, publish,
  117  disseminate, circulate or place before the public, or cause,
  118  directly or indirectly, to be made, published, disseminated or
  119  circulated or placed before the public in this state, in any
  120  manner, any advertisement, circular, bill, poster, pamphlet,
  121  list, schedule, announcement, or notice for the purpose of
  122  promoting or facilitating illegal gambling.
  123         (b)Except as otherwise specifically authorized by law, a
  124  person may not set up any type or plate for any type of
  125  advertisement, circular, bill, poster, pamphlet, list, schedule,
  126  announcement, or notice when he or she knows or reasonably
  127  should know that such material will be used for the purpose of
  128  promoting or facilitating illegal gambling.
  129         (2)A person who violates subsection (1) commits a
  130  misdemeanor of the first degree, punishable as provided in s.
  131  775.082 or s. 775.083.
  132         (3)This section does not prohibit the printing or
  133  producing of any advertisement, circular, bill, poster,
  134  pamphlet, list, schedule, announcement, or notice to be used for
  135  the purpose of promoting or facilitating gambling conducted in
  136  any other state or nation, outside of this state, where such
  137  gambling is not prohibited.
  138         (4)As used in this section, the term “illegal gambling”
  139  means any criminal violation of chapter 546, chapter 550,
  140  chapter 551, or this chapter that occurs at any business,
  141  establishment, premises, or other location which operates for
  142  profit.
  143         Section 9. Section 849.49, Florida Statutes, is created to
  144  read:
  145         849.49Preemption.— No county, municipality, or other
  146  political subdivision of the state shall enact or enforce any
  147  ordinance or local rule relating to gaming, gambling, lotteries,
  148  or any activities described in s. 546.10 or this chapter, except
  149  as otherwise expressly provided by the state constitution,
  150  general law, or special law.
  151         Section 10. Present paragraphs (i) through (m) of
  152  subsection (2) of section 903.046, Florida Statutes, are
  153  redesignated as paragraphs (j) through (n), respectively, and a
  154  new paragraph (i) is added to that subsection, to read:
  155         903.046 Purpose of and criteria for bail determination.—
  156         (2) When determining whether to release a defendant on bail
  157  or other conditions, and what that bail or those conditions may
  158  be, the court shall consider:
  159         (i)The amount of currency seized that is connected to or
  160  involved in a violation of chapter 546, chapter 550, chapter
  161  551, or chapter 849.
  162         Section 11. Paragraphs (a), (c), (e), and (g) of subsection
  163  (3) of section 921.0022, Florida Statutes, are amended to read:
  164         921.0022 Criminal Punishment Code; offense severity ranking
  165  chart.—
  166         (3) OFFENSE SEVERITY RANKING CHART
  167         (a) LEVEL 1
  168  
  169  FloridaStatute          FelonyDegree          Description          
  170  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  171  104.0616(2)                 3rd     Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
  172  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  173  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
  174  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  175  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  176  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  177  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  178  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  179  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  180  322.212(5)(a)               3rd     False application for driver license or identification card.
  181  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  182  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  183  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
  184  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  185  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
  186  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  187  815.04(4)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  188  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  189  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  190  826.01                      3rd     Bigamy.                        
  191  828.122(3)                  3rd     Fighting or baiting animals.   
  192  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  193  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  194  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  195  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  196  838.15(2)                   3rd     Commercial bribe receiving.    
  197  838.16                      3rd     Commercial bribery.            
  198  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  199  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  200  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  201  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  202  849.25(2)                   3rd     Engaging in bookmaking.        
  203  860.08                      3rd     Interfere with a railroad signal.
  204  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  205  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  206  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  207  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  208  
  209         (c) LEVEL 3
  210  
  211  FloridaStatute           FelonyDegree         Description          
  212  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  213  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  214  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  215  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  216  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  217  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  218  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  219  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  220  327.35(2)(b)                 3rd     Felony BUI.                   
  221  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  222  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  223  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  224  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.
  225  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.
  226  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  227  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  228  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  229  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  230  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  231  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  232  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  233  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  234  697.08                       3rd     Equity skimming.              
  235  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  236  794.053                      3rd     Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
  237  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  238  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  239  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  240  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  241  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  242  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
  243  812.081(2)                   3rd     Theft of a trade secret.      
  244  815.04(4)(b)                 2nd     Computer offense devised to defraud or obtain property.
  245  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  246  817.233                      3rd     Burning to defraud insurer.   
  247  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  248  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  249  817.236                      3rd     Filing a false motor vehicle insurance application.
  250  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  251  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
  252  817.49(2)(b)1.               3rd     Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  253  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  254  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  255  836.13(2)                    3rd     Person who promotes an altered sexual depiction of an identifiable person without consent.
  256  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  257  849.01                       3rd     Keeping a gambling house.     
  258  849.09(1)(a)-(d)             3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery
  259  849.09(1)(e), (f), (g), (i), or (k    3rd     Conducting an unlawful lottery; second or subsequent offense.
  260  849.09(1)(h) or (j)          3rd     Conducting an unlawful lottery; second or subsequent offense.
  261  849.15(3)(b)                 3rd     Manufacture, sale, or possession of slot machine; by manager or with prior conviction.
  262  849.157(1)                   3rd     False or misleading statement to facilitate sale of slot machines or devices.
  263  849.25(2)                    3rd     Engaging in bookmaking.       
  264  849.47(2)(a) & (b)           3rd     Transporting persons to facilitate illegal gambling; minor or person 65 years of age or older or 12 or more persons.
  265  860.15(3)                    3rd     Overcharging for repairs and parts.
  266  870.01(2)                    3rd     Riot.                         
  267  870.01(4)                    3rd     Inciting a riot.              
  268  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).
  269  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.
  270  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.
  271  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  272  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  273  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  274  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  275  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  276  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  277  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.
  278  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.
  279  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  280  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.
  281  918.13(1)                    3rd     Tampering with or fabricating physical evidence.
  282  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  283  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  284  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  285  
  286         (e) LEVEL 5
  287  
  288  FloridaStatute           FelonyDegree          Description          
  289  316.027(2)(a)                3rd    Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  290  316.1935(4)(a)               2nd    Aggravated fleeing or eluding. 
  291  316.80(2)                    2nd    Unlawful conveyance of fuel; obtaining fuel fraudulently.
  292  322.34(6)                    3rd    Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  293  327.30(5)                    3rd    Vessel accidents involving personal injury; leaving scene.
  294  379.365(2)(c)1.              3rd    Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  295  379.367(4)                   3rd    Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  296  379.407(5)(b)3.              3rd    Possession of 100 or more undersized spiny lobsters.
  297  381.0041(11)(b)              3rd    Donate blood, plasma, or organs knowing HIV positive.
  298  440.10(1)(g)                 2nd    Failure to obtain workers’ compensation coverage.
  299  440.105(5)                   2nd    Unlawful solicitation for the purpose of making workers’ compensation claims.
  300  440.381(2)                   3rd    Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  301  624.401(4)(b)2.              2nd    Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  302  626.902(1)(c)                2nd    Representing an unauthorized insurer; repeat offender.
  303  790.01(3)                    3rd    Unlawful carrying of a concealed firearm.
  304  790.162                      2nd    Threat to throw or discharge destructive device.
  305  790.163(1)                   2nd    False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  306  790.221(1)                   2nd    Possession of short-barreled shotgun or machine gun.
  307  790.23                       2nd    Felons in possession of firearms, ammunition, or electronic weapons or devices.
  308  796.05(1)                    2nd    Live on earnings of a prostitute; 1st offense.
  309  800.04(6)(c)                 3rd    Lewd or lascivious conduct; offender less than 18 years of age.
  310  800.04(7)(b)                 2nd    Lewd or lascivious exhibition; offender 18 years of age or older.
  311  806.111(1)                   3rd    Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  312  812.0145(2)(b)               2nd    Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  313  812.015 (8)(a) & (c)-(e)     3rd    Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  314  812.015(8)(f)                3rd    Retail theft; multiple thefts within specified period.
  315  812.019(1)                   2nd    Stolen property; dealing in or trafficking in.
  316  812.081(3)                   2nd    Trafficking in trade secrets.  
  317  812.131(2)(b)                3rd    Robbery by sudden snatching.   
  318  812.16(2)                    3rd    Owning, operating, or conducting a chop shop.
  319  817.034(4)(a)2.              2nd    Communications fraud, value $20,000 to $50,000.
  320  817.234(11)(b)               2nd    Insurance fraud; property value $20,000 or more but less than $100,000.
  321  817.2341(1), (2)(a) & (3)(a)    3rd    Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  322  817.568(2)(b)                2nd    Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  323  817.611(2)(a)                2nd    Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  324  817.625(2)(b)                2nd    Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  325  825.1025(4)                  3rd    Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  326  827.071(4)                   2nd    Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
  327  827.071(5)                   3rd    Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
  328  828.12(2)                    3rd    Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  329  836.14(4)                    2nd    Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  330  839.13(2)(b)                 2nd    Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  331  843.01(1)                    3rd    Resist officer with violence to person; resist arrest with violence.
  332  847.0135(5)(b)               2nd    Lewd or lascivious exhibition using computer; offender 18 years or older.
  333  847.0137 (2) & (3)           3rd    Transmission of pornography by electronic device or equipment.
  334  847.0138 (2) & (3)           3rd    Transmission of material harmful to minors to a minor by electronic device or equipment.
  335  849.15(3)(c)                 2nd    Manufacture, sale, or possession of a slot machine; by a manager of five or more machines or two or more prior convictions.
  336  849.157(2)                   2nd    False or misleading statement to facilitate sale of slot machines or devices; five or more machines.
  337  849.25(3)                    2nd    Bookmaking; second or subsequent offense.
  338  874.05(1)(b)                 2nd    Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  339  874.05(2)(a)                 2nd    Encouraging or recruiting person under 13 years of age to join a criminal gang.
  340  893.13(1)(a)1.               2nd    Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  341  893.13(1)(c)2.               2nd    Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  342  893.13(1)(d)1.               1st    Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  343  893.13(1)(e)2.               2nd    Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  344  893.13(1)(f)1.               1st    Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  345  893.13(4)(b)                 2nd    Use or hire of minor; deliver to minor other controlled substance.
  346  893.1351(1)                  3rd    Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  347