Bill Text: FL S0640 | 2016 | Regular Session | Introduced


Bill Title: Controlled Substances

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-11 - Died in Criminal Justice [S0640 Detail]

Download: Florida-2016-S0640-Introduced.html
       Florida Senate - 2016                                     SB 640
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00460-16                                            2016640__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.13, F.S.; requiring a mandatory minimum term of
    4         imprisonment for specified violations committed in a
    5         dwelling; amending s. 893.135, F.S.; creating the
    6         offense of trafficking in synthetic drugs; providing
    7         specified offenses involving 250 grams or more of
    8         specified controlled substances; requiring specified
    9         mandatory minimum terms of imprisonment and fines
   10         based on the quantity involved in the offense;
   11         amending s. 921.0022, F.S.; adding specified
   12         trafficking provisions established in s. 893.135,
   13         F.S., to the offense severity ranking chart of the
   14         Criminal Punishment Code and reclassifying the
   15         severity level of specified offenses; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (a) of subsection (1) of section
   21  893.13, Florida Statutes, is amended to read:
   22         893.13 Prohibited acts; penalties.—
   23         (1)(a) Except as authorized by this chapter and chapter
   24  499, a person may not sell, manufacture, or deliver, or possess
   25  with intent to sell, manufacture, or deliver, a controlled
   26  substance. A person who violates this provision with respect to:
   27         1. A controlled substance named or described in s.
   28  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
   29  commits a felony of the second degree, punishable as provided in
   30  s. 775.082, s. 775.083, or s. 775.084. A person who violates
   31  this subparagraph in a dwelling, as defined in s. 810.011, shall
   32  be sentenced to a mandatory minimum term of imprisonment of 3
   33  years.
   34         2. A controlled substance named or described in s.
   35  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
   36  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
   37  the third degree, punishable as provided in s. 775.082, s.
   38  775.083, or s. 775.084.
   39         3. A controlled substance named or described in s.
   40  893.03(5) commits a misdemeanor of the first degree, punishable
   41  as provided in s. 775.082 or s. 775.083.
   42         Section 2. Paragraph (m) is added to subsection (1) of
   43  section 893.135, Florida Statutes, to read:
   44         893.135 Trafficking; mandatory sentences; suspension or
   45  reduction of sentences; conspiracy to engage in trafficking.—
   46         (1) Except as authorized in this chapter or in chapter 499
   47  and notwithstanding the provisions of s. 893.13:
   48         (m)1. Except as provided in subparagraph 2. or subparagraph
   49  3., a person who knowingly sells, purchases, manufactures,
   50  delivers, or brings into this state, or who is knowingly in
   51  actual or constructive possession of, 250 grams or more of a
   52  controlled substance specified in s. 893.03(1)(c)46.-50., 114.
   53  142., 151.-159., or 166.-173., or any mixture containing those
   54  substances, commits a felony of the first degree, which shall be
   55  known as “trafficking in synthetic drugs,” punishable as
   56  provided in s. 775.082, s. 775.083, or s. 775.084. If the
   57  quantity involved:
   58         a. Is 250 grams or more, but less than 500 grams, such
   59  person shall be sentenced to a mandatory minimum term of
   60  imprisonment of 3 years and ordered to pay a fine of $25,000.
   61         b. Is 500 grams or more, but less than 1,000 grams, such
   62  person shall be sentenced to a mandatory minimum term of
   63  imprisonment of 7 years and ordered to pay a fine of $50,000.
   64         c. Is 1,000 grams or more, but less than 30 kilograms, such
   65  person shall be sentenced to a mandatory minimum term of
   66  imprisonment of 15 years and ordered to pay a fine of $200,000.
   67         d. Is 30 kilograms or more, such person shall be sentenced
   68  to a mandatory minimum term of imprisonment of 25 years and
   69  ordered to pay a fine of $750,000.
   70         2. A person who knowingly sells, purchases, manufactures,
   71  delivers, or brings into this state, or who is knowingly in
   72  actual or constructive possession of, 30 kilograms or more of a
   73  controlled substance described in s. 893.03(1)(c)46.-50., 114.
   74  142., 151.-159., or 166.-173., or any mixture containing those
   75  substances, commits the first degree felony of trafficking in
   76  synthetic drugs. A person who is convicted of the first degree
   77  felony of trafficking in synthetic drugs under this subparagraph
   78  shall be punished by life imprisonment and is ineligible for any
   79  form of discretionary early release except pardon or executive
   80  clemency or conditional medical release under s. 947.149.
   81  However, if the court determines that, in addition to committing
   82  any act specified in this paragraph:
   83         a. The person intentionally killed an individual or
   84  counseled, commanded, induced, procured, or caused the
   85  intentional killing of an individual and such killing was the
   86  result; or
   87         b. The person’s conduct in committing the act led to a
   88  natural, though not inevitable, lethal result,
   89  
   90  such person commits the capital felony of trafficking in
   91  synthetic drugs, punishable as provided in ss. 775.082 and
   92  921.142. A person sentenced for a capital felony under this
   93  subparagraph shall also be sentenced to pay the maximum fine
   94  provided under subparagraph 1.
   95         3. A person who knowingly brings into this state 60
   96  kilograms or more of a controlled substance described in s.
   97  893.03(1)(c)46.-50., 114.-142., 151.-159., or 166.-173., or any
   98  mixture containing those substances, and who knows that the
   99  probable result of such importation would be the death of a
  100  person, commits capital importation of synthetic drugs, a
  101  capital felony punishable as provided in ss. 775.082 and
  102  921.142. A person sentenced for a capital felony under this
  103  subparagraph shall also be sentenced to pay the maximum fine
  104  provided under subparagraph 1.
  105         Section 3. Paragraphs (g), (h), and (i) of subsection (3)
  106  of section 921.0022, Florida Statutes, are amended to read:
  107         921.0022 Criminal Punishment Code; offense severity ranking
  108  chart.—
  109         (3) OFFENSE SEVERITY RANKING CHART
  110         (g) LEVEL 7
  111  
  112  
  113  FloridaStatute    FelonyDegree           Description            
  114  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
  115  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  116  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.
  117  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  118  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  119  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  120  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  121  456.065(2)           3rd   Practicing a health care profession without a license.
  122  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  123  458.327(1)           3rd   Practicing medicine without a license.
  124  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  125  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  126  461.012(1)           3rd   Practicing podiatric medicine without a license.
  127  462.17               3rd   Practicing naturopathy without a license.
  128  463.015(1)           3rd   Practicing optometry without a license.
  129  464.016(1)           3rd   Practicing nursing without a license.
  130  465.015(2)           3rd   Practicing pharmacy without a license.
  131  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  132  467.201              3rd   Practicing midwifery without a license.
  133  468.366              3rd   Delivering respiratory care services without a license.
  134  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  135  483.901(9)           3rd   Practicing medical physics without a license.
  136  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  137  484.053              3rd   Dispensing hearing aids without a license.
  138  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.
  139  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.
  140  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  141  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  142  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  143  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  144  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  145  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  146  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  147  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  148  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  149  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  150  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  151  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  152  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  153  784.048(7)           3rd   Aggravated stalking; violation of court order.
  154  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  155  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  156  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  157  784.081(1)           1st   Aggravated battery on specified official or employee.
  158  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  159  784.083(1)           1st   Aggravated battery on code inspector.
  160  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
  161  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.
  162  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  163  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  164  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  165  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  166  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  167  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  168  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  169  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.
  170  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
  171  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
  172  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  173  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.
  174  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.
  175  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  176  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  177  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  178  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  179  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  180  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.
  181  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  182  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  183  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  184  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  185  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  186  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  187  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  188  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  189  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  190  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  191  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  192  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.
  193  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  194  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  195  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.
  196  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  197  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  198  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  199  838.015              2nd   Bribery.                          
  200  838.016              2nd   Unlawful compensation or reward for official behavior.
  201  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  202  838.22               2nd   Bid tampering.                    
  203  843.0855(2)          3rd   Impersonation of a public officer or employee.
  204  843.0855(3)          3rd   Unlawful simulation of legal process.
  205  843.0855(4)          3rd   Intimidation of a public officer or employee.
  206  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  207  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  208  872.06               2nd   Abuse of a dead human body.       
  209  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  210  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  211  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.
  212  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.
  213  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).
  214  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  215  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  216  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  217  893.135 (1)(c)2.a.   1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  218  893.135 (1)(c)2.b.   1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  219  893.135 (1)(c)3.a.   1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  220  893.135 (1)(c)3.b.   1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  221  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  222  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  223  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  224  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  225  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  226  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  227  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  228  893.135(1)(l)1.a.   1st   Trafficking in LSD, 1 gram or more, less than 5 grams.
  229  893.135(1)(m)1.a.   1st   Trafficking in synthetic drugs, 250 grams or more, less than 500 grams.
  230  893.135(1)(m)1.b.   1st   Trafficking in synthetic drugs, 500 grams or more, less than 1,000 grams.
  231  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  232  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  233  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  234  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  235  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  236  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  237  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  238  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  239  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  240  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  241  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  242  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  243  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  244  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  245  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  246         (h) LEVEL 8
  247  
  248  
  249  FloridaStatute    FelonyDegree           Description            
  250  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  251  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  252  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  253  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  254  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  255  560.123(8)(b)2.      2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  256  560.125(5)(b)        2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  257  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  258  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  259  782.04(4)            2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  260  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  261  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  262  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  263  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
  264  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
  265  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
  266  787.06(3)(e)1.       1st   Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
  267  787.06(3)(f)2.       1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
  268  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  269  794.011(5)(a)        1st   Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
  270  794.011(5)(b)        2nd   Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
  271  794.011(5)(c)        2nd   Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
  272  794.011(5)(d)        1st   Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
  273  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  274  800.04(4)(b)         2nd   Lewd or lascivious battery.       
  275  800.04(4)(c)         1st   Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  276  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  277  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  278  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  279  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  280  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  281  812.13(2)(b)         1st   Robbery with a weapon.            
  282  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  283  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  284  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  285  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  286  817.535(5)(a)        2nd   Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  287  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  288  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  289  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  290  825.103(3)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  291  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  292  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  293  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  294  860.16               1st   Aircraft piracy.                  
  295  893.13(1)(b)         1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  296  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  297  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  298  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  299  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  300  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  301  893.135 (1)(c)2.c.   1st   Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
  302  893.135 (1)(c)3.c.   1st   Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  303  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  304  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  305  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  306  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  307  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  308  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  309  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  310  893.135(1)(l)1.b.   1st   Trafficking in LSD, 5 grams or more, less than 7 grams.
  311  893.135(1)(m)1.c.   1st   Trafficking in synthetic drugs, 1,000 grams or more, less than 30 kilograms.
  312  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  313  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  314  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  315  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  316  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  317  896.104(4)(a)2.      2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  318         (i) LEVEL 9
  319  
  320  
  321  FloridaStatute    FelonyDegree           Description            
  322  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  323  327.35 (3)(c)3.b.    1st   BUI manslaughter; failing to render aid or give information.
  324  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more.
  325  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  326  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  327  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  328  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  329  775.0844             1st   Aggravated white collar crime.    
  330  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  331  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  332  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  333  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  334  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  335  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  336  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  337  787.02(3)(a)       1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  338  787.06(3)(c)1.       1st   Human trafficking for labor and services of an unauthorized alien child.
  339  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  340  787.06(3)(f)1.     1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
  341  790.161              1st   Attempted capital destructive device offense.
  342  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  343  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  344  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  345  794.011(4)(a)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
  346  794.011(4)(b)        1st   Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  347  794.011(4)(c)        1st   Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  348  794.011(4)(d)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  349  794.011(8)(b)      1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  350  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  351  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  352  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  353  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  354  812.135(2)(b)        1st   Home-invasion robbery with weapon.
  355  817.535(3)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  356  817.535(4)(a)2.      1st   Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  357  817.535(5)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  358  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  359  827.03(2)(a)         1st   Aggravated child abuse.           
  360  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  361  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  362  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  363  893.135              1st   Attempted capital trafficking offense.
  364  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  365  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  366  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  367  893.135 (1)(c)2.d.   1st   Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
  368  893.135 (1)(c)3.d.   1st   Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  369  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  370  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  371  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  372  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  373  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  374  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  375  893.135(1)(l)1.c.   1st   Trafficking in LSD, 7 grams or more.
  376  893.135(1)(m)1.d.   1st   Trafficking in synthetic drugs, 30 kilograms or more.
  377  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  378  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  379         Section 4. This act shall take effect October 1, 2016.

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