| 1 | A bill to be entitled |
| 2 | An act relating to schemes to defraud; amending s. |
| 3 | 921.0022, F.S.; reclassifying certain offenses relating to |
| 4 | schemes to defraud on the Offense Severity Ranking chart |
| 5 | for purposes of the Criminal Punishment Code; providing an |
| 6 | effective date. |
| 7 |
|
| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
|
| 10 | Section 1. Paragraphs (c), (d), (e), (f), and (g) of |
| 11 | subsection (3) of section 921.0022, Florida Statutes, are |
| 12 | amended to read: |
| 13 | 921.0022 Criminal Punishment Code; offense severity |
| 14 | ranking chart.- |
| 15 | (3) OFFENSE SEVERITY RANKING CHART |
| 16 | (c) LEVEL 3 |
| 17 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 18 |
|
| | | 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
|
| 19 |
|
| | | 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
|
| 20 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
|
| 21 |
|
| | | 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
|
| 22 |
|
| | | 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
|
| 23 |
|
| | | 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
|
| 24 |
|
| | | 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
|
| 25 |
|
| | | 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
|
| 26 |
|
| | | 327.35(2)(b) | 3rd | Felony BUI. |
|
| 27 |
|
| | | 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
|
| 28 |
|
| | | 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
|
| 29 |
|
| | | 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
|
| 30 |
|
| | | 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. |
|
| 31 |
|
| | | 379.2431(1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
|
| 32 |
|
| | | 400.9935(4) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
|
| 33 |
|
| | | 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
|
| 34 |
|
| | | 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
|
| 35 |
|
| | | 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
|
| 36 |
|
| | | 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
|
| 37 |
|
| | | 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
|
| 38 |
|
| | | 697.08 | 3rd | Equity skimming. |
|
| 39 |
|
| | | 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
|
| 40 |
|
| | | 796.05(1) | 3rd | Live on earnings of a prostitute. |
|
| 41 |
|
| | | 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
|
| 42 |
|
| | | 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
|
| 43 |
|
| | | 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
|
| 44 |
|
| | | 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
|
| 45 |
|
| | | 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
|
| 46 |
|
| | | 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
|
| 47 |
|
| | 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
|
| 48 |
|
| | | 817.233 | 3rd | Burning to defraud insurer. |
|
| 49 |
|
| | | 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
|
| 50 |
|
| | | 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
|
| 51 |
|
| | | 817.236 | 3rd | Filing a false motor vehicle insurance application. |
|
| 52 |
|
| | | 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
|
| 53 |
|
| | | 817.413(2) | 3rd | Sale of used goods as new. |
|
| 54 |
|
| | | 817.505(4) | 3rd | Patient brokering. |
|
| 55 |
|
| | | 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
|
| 56 |
|
| | | 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
|
| 57 |
|
| | | 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
|
| 58 |
|
| | | 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
|
| 59 |
|
| | | 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
|
| 60 |
|
| | | 860.15(3) | 3rd | Overcharging for repairs and parts. |
|
| 61 |
|
| | | 870.01(2) | 3rd | Riot; inciting or encouraging. |
|
| 62 |
|
| | | 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
|
| 63 |
|
| | | 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. |
|
| 64 |
|
| | | 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. |
|
| 65 |
|
| | | 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
|
| 66 |
|
| | | 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
|
| 67 |
|
| | | 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
|
| 68 |
|
| | | 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
|
| 69 |
|
| | | 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
|
| 70 |
|
| | | 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. |
|
| 71 |
|
| | | 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. |
|
| 72 |
|
| | | 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
|
| 73 |
|
| | | 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. |
|
| 74 |
|
| | | 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
|
| 75 |
|
| | | 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
|
| 76 |
|
| | | 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
|
| 77 |
|
| | | 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
|
| 78 |
|
| 79 | (d) LEVEL 4 |
| 80 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 81 |
|
| | | 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. |
|
| 82 |
|
| | | 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
|
| 83 |
|
| | | 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
|
| 84 |
|
| | | 499.0051(6) | 2nd | Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. |
|
| 85 |
|
| | | 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
|
| 86 |
|
| | | 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
|
| 87 |
|
| | | 784.075 | 3rd | Battery on detention or commitment facility staff. |
|
| 88 |
|
| | | 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
|
| 89 |
|
| | | 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
|
| 90 |
|
| | | 784.081(3) | 3rd | Battery on specified official or employee. |
|
| 91 |
|
| | | 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
|
| 92 |
|
| | | 784.083(3) | 3rd | Battery on code inspector. |
|
| 93 |
|
| | | 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
|
| 94 |
|
| | | 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
|
| 95 |
|
| | | 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
|
| 96 |
|
| | | 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
|
| 97 |
|
| | | 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
|
| 98 |
|
| | | 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
|
| 99 |
|
| | | 790.115(2)(c) | 3rd | Possessing firearm on school property. |
|
| 100 |
|
| | | 800.04(7)(c) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
|
| 101 |
|
| | | 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
|
| 102 |
|
| | | 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
|
| 103 |
|
| | | 810.06 | 3rd | Burglary; possession of tools. |
|
| 104 |
|
| | | 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
|
| 105 |
|
| | | 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
|
| 106 |
|
| | | 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
|
| 107 |
|
| | | 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
|
| 108 |
|
| | | 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
|
| 109 |
|
| | | 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
|
| 110 |
|
| | | 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
|
| 111 |
|
| | | 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
|
| 112 |
|
| | | 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
|
| 113 |
|
| | | 837.02(1) | 3rd | Perjury in official proceedings. |
|
| 114 |
|
| | | 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
|
| 115 |
|
| | | 838.022 | 3rd | Official misconduct. |
|
| 116 |
|
| | | 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
|
| 117 |
|
| | | 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
|
| 118 |
|
| | | 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
|
| 119 |
|
| | | 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
|
| 120 |
|
| | | 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
|
| 121 |
|
| | | 847.0135(5)(c) | 3rd | Lewd or lascivious exhibition using computer; offender less than 18 years. |
|
| 122 |
|
| | | 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal gang. |
|
| 123 |
|
| | | 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)4. drugs). |
|
| 124 |
|
| | | 914.14(2) | 3rd | Witnesses accepting bribes. |
|
| 125 |
|
| | | 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
|
| 126 |
|
| | | 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
|
| 127 |
|
| | | 918.12 | 3rd | Tampering with jurors. |
|
| 128 |
|
| | | 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
|
| 129 |
|
| 130 | (e) LEVEL 5 |
| 131 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 132 |
|
| | | 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
|
| 133 |
|
| | | 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
|
| 134 |
|
| | | 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
|
| 135 |
|
| | | 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
|
| 136 |
|
| | | 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
|
| 137 |
|
| | | 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
|
| 138 |
|
| | | 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
|
| 139 |
|
| | | 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
|
| 140 |
|
| | | 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
|
| 141 |
|
| | | 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
|
| 142 |
|
| | | 790.01(2) | 3rd | Carrying a concealed firearm. |
|
| 143 |
|
| | | 790.162 | 2nd | Threat to throw or discharge destructive device. |
|
| 144 |
|
| | | 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
|
| 145 |
|
| | | 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
|
| 146 |
|
| | | 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
|
| 147 |
|
| | | 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
|
| 148 |
|
| | | 800.04(7)(b) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
|
| 149 |
|
| | | 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
|
| 150 |
|
| | | 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
|
| 151 |
|
| | | 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
|
| 152 |
|
| | | 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
|
| 153 |
|
| | | 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
|
| 154 |
|
| | | 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
|
| 155 |
|
| | 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
|
| 156 |
|
| | | 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
|
| 157 |
|
| | | 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. |
|
| 158 |
|
| | | 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 individuals. |
|
| 159 |
|
| | | 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
|
| 160 |
|
| | | 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
|
| 161 |
|
| | | 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 162 |
|
| | | 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
| 163 |
|
| | | 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. |
|
| 164 |
|
| | | 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
|
| 165 |
|
| | | 847.0135(5)(b) | 2nd | Lewd or lascivious exhibition using computer; offender 18 years or older. |
|
| 166 |
|
| | | 847.0137(2) & (3) | 3rd | Transmission of pornography by electronic device or equipment. |
|
| 167 |
|
| | | 847.0138(2) & (3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
|
| 168 |
|
| | | 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal gang; second or subsequent offense. |
|
| 169 |
|
| | | 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)4. drugs). |
|
| 170 |
|
| | | 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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. |
|
| 171 |
|
| | | 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)4. drugs) within 1,000 feet of university. |
|
| 172 |
|
| | | 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. |
|
| 173 |
|
| | | 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)4. drugs) within 1,000 feet of public housing facility. |
|
| 174 |
|
| | | 893.13(4)(b) | 2nd | Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
|
| 175 |
|
| | | 893.1351(1) | 3rd | Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. |
|
| 176 |
|
| 177 | (f) LEVEL 6 |
| 178 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 179 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 180 |
|
| | | 499.0051(3) | 2nd | Knowing forgery of pedigree papers. |
|
| 181 |
|
| | | 499.0051(4) | 2nd | Knowing purchase or receipt of prescription drug from unauthorized person. |
|
| 182 |
|
| | | 499.0051(5) | 2nd | Knowing sale or transfer of prescription drug to unauthorized person. |
|
| 183 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 184 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 185 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 186 |
|
| | | 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
| 187 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 188 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 189 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 190 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 191 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 192 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 193 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 194 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 195 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 196 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 197 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 198 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 199 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 200 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 201 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 202 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 203 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 204 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 205 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 206 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 207 |
|
| | | 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
| 208 |
|
| | | 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 209 |
|
| | | 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
| 210 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 211 |
|
| | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 212 |
|
| | | 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
|
| 213 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 214 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 215 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 216 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 217 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 218 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 219 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 220 |
|
| | | 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 221 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 222 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 223 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 224 |
|
| | | 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. |
|
| 225 |
|
| | | 847.012 | 3rd | Knowingly using a minor in the production of materials harmful to minors. |
|
| 226 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 227 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 228 |
|
| | | 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. |
|
| 229 |
|
| | |
| 230 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 231 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 232 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 233 |
|
| 234 | (g) LEVEL 7 |
| 235 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 236 |
|
| | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 237 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 238 |
|
| | | 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. |
|
| 239 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 240 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 241 |
|
| | | 409.920(2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
| 242 |
|
| | | 409.920(2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
| 243 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 244 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 245 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 246 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 247 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 248 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 249 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 250 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 251 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 252 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 253 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 254 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 255 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 256 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 257 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 258 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 259 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 260 |
|
| | | 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
| 261 |
|
| | | 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. |
|
| 262 |
|
| | | 560.125(5)(a) | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 263 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 264 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
| 265 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 266 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 267 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 268 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 269 |
|
| | | 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 270 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 271 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 272 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 273 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 274 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 275 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 276 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 277 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 278 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 279 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 280 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 281 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 282 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 283 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 284 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 285 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 286 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 287 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 288 |
|
| | | 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
| 289 |
|
| | | 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. |
|
| 290 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 291 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 292 |
|
| | | 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
| 293 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 294 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 295 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 296 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 297 |
|
| | | 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
| 298 |
|
| | | 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. |
|
| 299 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 300 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 301 |
|
| | | 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
| 302 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 303 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 304 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 305 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 306 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 307 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 308 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 309 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 310 |
|
| | | 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. |
|
| 311 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 312 |
|
| | | 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
| 313 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 314 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 315 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 316 |
|
| | |
| 317 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 318 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 319 |
|
| | |
| 320 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 321 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 322 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 323 |
|
| | | 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
| 324 |
|
| | | 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)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 325 |
|
| | | 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)4., within 1,000 feet of property used for religious services or a specified business site. |
|
| 326 |
|
| | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 327 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 328 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 329 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 330 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 331 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 332 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 333 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 334 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 335 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 336 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 337 |
|
| | | 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
| 338 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 339 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 340 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 341 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 342 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 343 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 344 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 345 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 346 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 347 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 348 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 349 |
|
| | | 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 350 |
|
| | | 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 351 |
|
| | | 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 352 |
|
| 353 | Section 2. This act shall take effect July 1, 2010. |
