Bill Text: FL S0912 | 2016 | Regular Session | Enrolled
Bill Title: Fraudulent Activities Associated with Payment Systems
Spectrum:
Status: (Passed) 2016-04-01 - Chapter No. 2016-173 [S0912 Detail]
Download: Florida-2016-S0912-Enrolled.html
ENROLLED
2016 Legislature CS for CS for CS for SB 912, 1st Engrossed
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1
2 An act relating to fraudulent activities associated
3 with payment systems; amending s. 316.80, F.S.;
4 revising the felony classification for unlawful
5 conveyance of fuel; amending s. 525.07, F.S.;
6 specifying requirements for managers of petroleum fuel
7 measuring devices with respect to accurate
8 measurement; requiring retail petroleum fuel measuring
9 devices fitted with scanning devices to have certain
10 security measures; providing requirements for such
11 measures; requiring the owner or operator of a device
12 to have certain security measures in place within a
13 specified timeframe upon notice from the Department of
14 Agriculture and Consumer Services; authorizing the
15 department, under certain circumstances, to prohibit
16 use of or to remove from service such devices that are
17 noncompliant; defining terms; providing applicability;
18 requiring the department to enforce certain
19 provisions; providing rulemaking authority; amending
20 s. 817.58, F.S.; revising the definition of “traffic”;
21 amending s. 817.611, F.S.; defining the term “related
22 document”; revising the prohibition against
23 trafficking in or possession of counterfeit credit
24 cards; revising penalties; amending s. 921.0022, F.S.;
25 revising the ranking of unlawful conveyance or
26 fraudulent acquisition of fuel on the offense severity
27 ranking chart; ranking trafficking in or possession of
28 counterfeit credit cards; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (2) of section 316.80, Florida
33 Statutes, is amended to read:
34 316.80 Unlawful conveyance of fuel; obtaining fuel
35 fraudulently.—
36 (2) A Any person who violates subsection (1) commits a
37 felony of the second third degree, punishable as provided in s.
38 775.082, s. 775.083, or s. 775.084, if he or she has attempted
39 to or has fraudulently obtained motor or diesel fuel by:
40 (a) Presenting a credit card or a credit card account
41 number in violation of ss. 817.57-817.685;
42 (b) Using unauthorized access to any computer network in
43 violation of s. 815.06; or
44 (c) Using a fraudulently scanned or lost or stolen payment
45 access device, whether credit card or contactless device.
46 Section 2. Subsections (3) and (4) of section 525.07,
47 Florida Statutes, are amended, and subsection (10) is added to
48 that section, to read:
49 525.07 Powers and duties of department; inspections;
50 unlawful acts.—
51 (3) Each person who owns or manages All persons who own or
52 operate a petroleum fuel measuring device shall be responsible
53 for ensuring accurate measure by the device within the
54 tolerances defined by the rule. An appropriate security seal
55 shall be placed on all measuring devices found to be giving
56 accurate measure within the tolerances defined by the department
57 in such a way that the metering adjustment cannot be changed
58 without breaking the seal.
59 (4) A Any measuring device that is found to be operating
60 outside the tolerances defined by the department shall be deemed
61 inaccurate and the department, at its discretion, shall either:
62 (a) Give, in writing, the operator or owner or manager of
63 the measuring device a reasonable time to repair the measuring
64 device; or
65 (b) Condemn or prohibit the further use of the measuring
66 device by using an appropriate security seal to obstruct the
67 mechanism so that it cannot be operated without breaking the
68 seal. The measuring device shall not be operated in this state
69 again without the written consent of the department.
70 (10)(a) Each person who owns or manages a retail petroleum
71 fuel measuring device shall have affixed to or installed onto
72 the measuring device a security measure to restrict the
73 unauthorized access of customer payment card information. The
74 security measure must include one or more of the following:
75 1. The placement of pressure-sensitive security tape over
76 the panel opening that leads to the scanning device for the
77 retail petroleum fuel measuring device in a manner that will
78 restrict the unauthorized opening of the panel.
79 2. A device or system that will render the retail petroleum
80 fuel measuring device or the scanning device in the measuring
81 device inoperable if there is an unauthorized opening of the
82 panel.
83 3. A device or system that encrypts the customer payment
84 card information in the scanning device.
85 4. Another security measure approved by the department.
86 (b) The owner or manager of a retail petroleum fuel
87 measuring device without a security measure or with an altered
88 or damaged security measure, upon written notice from the
89 department of such noncompliance, shall have 5 calendar days to
90 comply with this subsection. After the fifth day of
91 noncompliance, the department may prohibit further use of the
92 retail petroleum fuel measuring device until a security measure
93 is installed, replaced, or repaired. A repeat violation found on
94 the same retail petroleum fuel measuring device will be cause
95 for the department to immediately take the measuring device out
96 of service.
97 (c) For purposes of this subsection, the terms “scanning
98 device” and “payment card” have the same meanings as defined in
99 s. 817.625.
100 (d) This subsection applies only to retail petroleum fuel
101 measuring devices that have a scanning device.
102 (e) The department shall enforce, and may adopt rules to
103 administer, this subsection.
104 Section 3. Subsection (10) of section 817.58, Florida
105 Statutes, is amended to read:
106 817.58 Definitions.—As used in ss. 817.57-817.685:
107 (10) “Traffic” means to sell, transfer, distribute,
108 dispense, or otherwise dispose of a property or to buy, receive,
109 possess, obtain control of, or use property with the intent to
110 sell, transfer, distribute, dispense, or otherwise dispose of
111 such property.
112 Section 4. Section 817.611, Florida Statutes, is amended to
113 read:
114 817.611 Traffic in or possess counterfeit credit cards.—
115 (1) As used in this section, the term “related document”
116 means an invoice, a voucher, a sales draft, or other
117 representation or manifestation of a counterfeit credit card or
118 a credit card number of a cardholder if not authorized by the
119 cardholder.
120 (2) A Any person who traffics in, or attempts to traffic
121 in, or possesses 10 or more counterfeit credit cards or related
122 documents, invoices, vouchers, sales drafts, or other
123 representations or manifestations of counterfeit credit cards,
124 or credit card account numbers of another in any 6-month period
125 is guilty of:
126 (a) A felony of the second degree, punishable as provided
127 in s. 775.082, s. 775.083, or s. 775.084, if the person traffics
128 in, attempts to traffic in, or possesses 5 to 14 counterfeit
129 credit cards or related documents.
130 (b) A felony of the second degree, punishable as provided
131 in s. 775.082, s. 775.083, or s. 775.084, if the person traffics
132 in, attempts to traffic in, or possesses 15 to 49 counterfeit
133 credit cards or related documents.
134 (c) A felony of the first degree, punishable as provided in
135 s. 775.082, s. 775.083, or s. 775.084, if the person traffics
136 in, attempts to traffic in, or possesses 50 or more counterfeit
137 credit cards or related documents.
138 Section 5. Paragraphs (e), (g), and (h) of subsection (3)
139 of section 921.0022, Florida Statutes, are amended to read:
140 921.0022 Criminal Punishment Code; offense severity ranking
141 chart.—
142 (3) OFFENSE SEVERITY RANKING CHART
143 (e) LEVEL 5
144
145 FloridaStatute FelonyDegree Description
146 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
147 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
148 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
149 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
150 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
151 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
152 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
153 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
154 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
155 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
156 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
157 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
158 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
159 790.01(2) 3rd Carrying a concealed firearm.
160 790.162 2nd Threat to throw or discharge destructive device.
161 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
162 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
163 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
164 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
165 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
166 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
167 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
168 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
169 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
170 812.019(1) 2nd Stolen property; dealing in or trafficking in.
171 812.131(2)(b) 3rd Robbery by sudden snatching.
172 812.16(2) 3rd Owning, operating, or conducting a chop shop.
173 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
174 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
175 817.2341(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.
176 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
177 817.568(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.
178 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
179 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
180 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
181 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
182 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
183 843.01 3rd Resist officer with violence to person; resist arrest with violence.
184 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
185 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
186 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
187 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
188 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
189 893.13(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).
190 893.13(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.
191 893.13(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.
192 893.13(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.
193 893.13(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.
194 893.13(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).
195 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
196
197 (g) LEVEL 7
198
199 FloridaStatute FelonyDegree Description
200 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
201 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
202 316.1935(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.
203 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
204 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
205 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
206 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
207 456.065(2) 3rd Practicing a health care profession without a license.
208 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
209 458.327(1) 3rd Practicing medicine without a license.
210 459.013(1) 3rd Practicing osteopathic medicine without a license.
211 460.411(1) 3rd Practicing chiropractic medicine without a license.
212 461.012(1) 3rd Practicing podiatric medicine without a license.
213 462.17 3rd Practicing naturopathy without a license.
214 463.015(1) 3rd Practicing optometry without a license.
215 464.016(1) 3rd Practicing nursing without a license.
216 465.015(2) 3rd Practicing pharmacy without a license.
217 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
218 467.201 3rd Practicing midwifery without a license.
219 468.366 3rd Delivering respiratory care services without a license.
220 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
221 483.901(9) 3rd Practicing medical physics without a license.
222 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
223 484.053 3rd Dispensing hearing aids without a license.
224 494.0018(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.
225 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
226 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
227 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
228 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
229 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
230 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
231 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
232 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
233 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
234 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
235 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
236 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
237 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
238 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
239 784.048(7) 3rd Aggravated stalking; violation of court order.
240 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
241 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
242 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
243 784.081(1) 1st Aggravated battery on specified official or employee.
244 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
245 784.083(1) 1st Aggravated battery on code inspector.
246 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
247 787.06(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.
248 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
249 790.16(1) 1st Discharge of a machine gun under specified circumstances.
250 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
251 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
252 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
253 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
254 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
255 794.08(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.
256 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
257 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
258 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
259 800.04(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.
260 800.04(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.
261 806.01(2) 2nd Maliciously damage structure by fire or explosive.
262 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
263 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
264 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
265 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
266 812.014(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.
267 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
268 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
269 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
270 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
271 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
272 812.131(2)(a) 2nd Robbery by sudden snatching.
273 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
274 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
275 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
276 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
277 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
278 817.2341 (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.
279 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
280 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
281 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
282 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
283 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
284 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
285 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
286 838.015 2nd Bribery.
287 838.016 2nd Unlawful compensation or reward for official behavior.
288 838.021(3)(a) 2nd Unlawful harm to a public servant.
289 838.22 2nd Bid tampering.
290 843.0855(2) 3rd Impersonation of a public officer or employee.
291 843.0855(3) 3rd Unlawful simulation of legal process.
292 843.0855(4) 3rd Intimidation of a public officer or employee.
293 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
294 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
295 872.06 2nd Abuse of a dead human body.
296 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
297 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
298 893.13(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.
299 893.13(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.
300 893.13(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).
301 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
302 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
303 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
304 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
305 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
306 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
307 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
308 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
309 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
310 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
311 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
312 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
313 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
314 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
315 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
316 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
317 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
318 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
319 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
320 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
321 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
322 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
323 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
324 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
325 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
326 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
327 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
328 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
329 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
330
331 (h) LEVEL 8
332
333 FloridaStatute FelonyDegree Description
334 316.193 (3)(c)3.a. 2nd DUI manslaughter.
335 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
336 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
337 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
338 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
339 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
340 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
341 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
342 777.03(2)(a) 1st Accessory after the fact, capital felony.
343 782.04(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.
344 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
345 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
346 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
347 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
348 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
349 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
350 787.06(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.
351 787.06(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.
352 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
353 794.011(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.
354 794.011(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.
355 794.011(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.
356 794.011(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.
357 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
358 800.04(4)(b) 2nd Lewd or lascivious battery.
359 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
360 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
361 810.02(2)(a) 1st,PBL Burglary with assault or battery.
362 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
363 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
364 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
365 812.13(2)(b) 1st Robbery with a weapon.
366 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
367 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
368 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
369 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
370 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
371 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
372 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
373 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
374 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
375 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
376 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
377 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
378 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
379 860.16 1st Aircraft piracy.
380 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
381 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
382 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
383 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
384 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
385 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
386 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
387 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
388 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
389 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
390 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
391 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
392 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
393 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
394 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
395 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
396 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
397 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
398 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
399 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
400 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
401 Section 6. This act shall take effect October 1, 2016.
