Bill Text: FL S1216 | 2012 | Regular Session | Introduced
Bill Title: Theft Offenses
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Criminal Justice [S1216 Detail]
Download: Florida-2012-S1216-Introduced.html
Florida Senate - 2012 SB 1216
By Senator Fasano
11-00742-12 20121216__
1 A bill to be entitled
2 An act relating to theft offenses; amending s.
3 812.0145, F.S.; revising the values used in the
4 classification of thefts from persons age 65 or older;
5 providing penalties; amending s. 817.034, F.S.;
6 providing a more severe ranking under the Criminal
7 Punishment Code for specified communications fraud
8 violations involving victims age 65 or older; amending
9 s. 775.0844, F.S.; providing minimum mandatory
10 sentences for specified white collar crime offenses;
11 providing additional minimum mandatory sentences for
12 certain offenses based on the number of victims;
13 amending s. 921.0022, F.S.; conforming provisions of
14 the Offense Severity Ranking Chart of the Criminal
15 Punishment Code to changes made by the act; providing
16 an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (2) of section 812.0145, Florida
21 Statutes, is amended to read:
22 812.0145 Theft from persons 65 years of age or older;
23 reclassification of offenses.—
24 (2) Whenever a person is charged with committing theft from
25 a person 65 years of age or older, when he or she knows or has
26 reason to believe that the victim was 65 years of age or older,
27 the offense for which the person is charged shall be
28 reclassified as follows:
29 (a) If the funds, assets, or property involved in the theft
30 from a person 65 years of age or older is valued at $20,000
31 $50,000 or more, the offender commits a felony of the first
32 degree, punishable as provided in s. 775.082, s. 775.083, or s.
33 775.084.
34 (b) If the funds, assets, or property involved in the theft
35 from a person 65 years of age or older is valued at $5,000
36 $10,000 or more, but less than $20,000 $50,000, the offender
37 commits a felony of the second degree, punishable as provided in
38 s. 775.082, s. 775.083, or s. 775.084.
39 (c) If the funds, assets, or property involved in the theft
40 from a person 65 years of age or older is valued at $300 or
41 more, but less than $5,000 $10,000, the offender commits a
42 felony of the third degree, punishable as provided in s.
43 775.082, s. 775.083, or s. 775.084.
44 Section 2. Paragraph (a) of subsection (4) of section
45 817.034, Florida Statutes, is amended to read:
46 817.034 Florida Communications Fraud Act.—
47 (4) OFFENSES.—
48 (a) Any person who engages in a scheme to defraud and
49 obtains property thereby commits is guilty of organized fraud,
50 punishable as follows:
51 1. If the amount of property obtained has an aggregate
52 value of $50,000 or more, the violator commits is guilty of a
53 felony of the first degree, punishable as provided in s.
54 775.082, s. 775.083, or s. 775.084.
55 2. If the amount of property obtained has an aggregate
56 value of $20,000 or more, but less than $50,000, the violator
57 commits is guilty of a felony of the second degree, punishable
58 as provided in s. 775.082, s. 775.083, or s. 775.084.
59 3. If the amount of property obtained has an aggregate
60 value of less than $20,000, the violator commits is guilty of a
61 felony of the third degree, punishable as provided in s.
62 775.082, s. 775.083, or s. 775.084.
63
64 For purposes of sentencing under chapter 921, a felony offense
65 under this paragraph committed against a victim who is 65 years
66 of age or older is ranked two levels above the ranking under the
67 Criminal Punishment Code of a grand theft violation of s.
68 812.014 involving the same value.
69 Section 3. Section 775.0844, Florida Statutes, is amended
70 to read:
71 775.0844 White Collar Crime Victim Protection Act.—
72 (1) This section may be cited as the “White Collar Crime
73 Victim Protection Act.”
74 (2) Due to the frequency with which victims, particularly
75 elderly victims, are deceived and cheated by criminals who
76 commit nonviolent frauds and swindles, frequently through the
77 use of the Internet and other electronic technology and
78 frequently causing the loss of substantial amounts of property,
79 it is the intent of the Legislature to enhance the sanctions
80 imposed for nonviolent frauds and swindles, protect the public’s
81 property, and assist in prosecuting white collar criminals.
82 (3) As used in this section, “white collar crime” means:
83 (a) The commission of, or a conspiracy to commit, any
84 felony offense specified in:
85 1. Chapter 560, relating to the Money Transmitters’ Code.
86 2. Chapter 812, relating to theft, robbery, and related
87 crimes.
88 3. Chapter 815, relating to computer-related crimes.
89 4. Chapter 817, relating to fraudulent practices.
90 5. Chapter 825, relating to abuse, neglect, and
91 exploitation of elderly persons and disabled adults.
92 6. Chapter 831, relating to forgery and counterfeiting.
93 7. Chapter 832, relating to the issuance of worthless
94 checks and drafts.
95 8. Chapter 838, relating to bribery and misuse of public
96 office.
97 9. Chapter 839, relating to offenses by public officers and
98 employees.
99 10. Chapter 895, relating to offenses concerning
100 racketeering and illegal debts.
101 11. Chapter 896, relating to offenses related to financial
102 transactions.
103 (b) A felony offense that is committed with intent to
104 defraud or that involves a conspiracy to defraud.
105 (c) A felony offense that is committed with intent to
106 temporarily or permanently deprive a person of his or her
107 property or that involves a conspiracy to temporarily or
108 permanently deprive a person of his or her property.
109 (d) A felony offense that involves or results in the
110 commission of fraud or deceit upon a person or that involves a
111 conspiracy to commit fraud or deceit upon a person.
112 (4) As used in this section, “aggravated white collar
113 crime” means engaging in at least two white collar crimes that
114 have the same or similar intents, results, accomplices, victims,
115 or methods of commission, or that are otherwise interrelated by
116 distinguishing characteristics and are not isolated incidents,
117 provided that at least one of such crimes occurred after the
118 effective date of this act.
119 (5) Any person who commits an aggravated white collar crime
120 as defined in this section and in so doing either:
121 (a) Victimizes 10 or more elderly persons, as defined in s.
122 825.101(5);
123 (b) Victimizes 20 or more persons, as defined in s. 1.01;
124 or
125 (c) Victimizes the State of Florida, any state agency, any
126 of the state’s political subdivisions, or any agency of the
127 state’s political subdivisions,
128
129 and thereby obtains or attempts to obtain $50,000 or more,
130 commits a felony of the first degree, punishable as provided in
131 s. 775.082, s. 775.083, or s. 775.084. Except as otherwise
132 provided in this subsection, a person convicted of a violation
133 of paragraph (a) shall be sentenced to a mandatory minimum term
134 of imprisonment of 3 years. A person convicted of a violation of
135 paragraph (a) or paragraph (b) shall be sentenced to a mandatory
136 minimum term of imprisonment of 5 years if there were 20 or more
137 victims but fewer than 30 victims and a mandatory minimum term
138 of imprisonment of 10 years if there were 30 or more victims.
139 (6) Notwithstanding any other provision of chapter 921 or
140 any other law, an aggravated white collar crime shall be ranked
141 within the offense severity ranking chart at offense severity
142 level 9.
143 (7) In addition to a sentence otherwise authorized by law,
144 a person convicted of an aggravated white collar crime may pay a
145 fine of $500,000 or double the value of the pecuniary gain or
146 loss, whichever is greater.
147 (8) A person convicted of an aggravated white collar crime
148 under this section is liable for all court costs and shall pay
149 restitution to each victim of the crime, regardless of whether
150 the victim is named in the information or indictment. As used in
151 this subsection, “victim” means a person directly and
152 proximately harmed as a result of the commission of the offense
153 for which restitution may be ordered, including any person
154 directly harmed by the defendant’s criminal conduct in the
155 course of the commission of the aggravated white collar crime.
156 The court shall hold a hearing to determine the identity of
157 qualifying victims and shall order the defendant to pay
158 restitution based on his or her ability to pay, in accordance
159 with this section and s. 775.089.
160 (a) The court shall make the payment of restitution a
161 condition of any probation granted to the defendant by the
162 court. Notwithstanding any other law, the court may order
163 continued probation for a defendant convicted under this section
164 for up to 10 years or until full restitution is made to the
165 victim, whichever occurs earlier.
166 (b) The court retains jurisdiction to enforce its order to
167 pay fines or restitution. The court may initiate proceedings
168 against a defendant for a violation of probation or for contempt
169 of court if the defendant willfully fails to comply with a
170 lawful order of the court.
171 Section 4. Paragraphs (c), (e), (f), and (g) of subsection
172 (3) of section 921.0022, Florida Statutes, are amended to read:
173 921.0022 Criminal Punishment Code; offense severity ranking
174 chart.—
175 (3) OFFENSE SEVERITY RANKING CHART
176 (c) LEVEL 3
177 FloridaStatute FelonyDegree Description
178 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
179 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
180 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
181 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
182 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
183 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
184 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
185 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
186 327.35(2)(b) 3rd Felony BUI.
187 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
188 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
189 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
190 379.2431 (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.
191 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
192 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
193 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
194 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
195 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
196 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
197 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
198 697.08 3rd Equity skimming.
199 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
200 796.05(1) 3rd Live on earnings of a prostitute.
201 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
202 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
203 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
204 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
205 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $5,000 $10,000.
206 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
207 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications fraud; Act), property valued at less than $20,000.
208 817.233 3rd Burning to defraud insurer.
209 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
210 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
211 817.236 3rd Filing a false motor vehicle insurance application.
212 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
213 817.413(2) 3rd Sale of used goods as new.
214 817.505(4) 3rd Patient brokering.
215 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
216 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
217 831.29 2nd Possession of instruments for counterfeiting driver drivers’ licenses or identification cards.
218 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
219 843.19 3rd Injure, disable, or kill police dog or horse.
220 860.15(3) 3rd Overcharging for repairs and parts.
221 870.01(2) 3rd Riot; inciting or encouraging.
222 893.13(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).
223 893.13(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.
224 893.13(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.
225 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
226 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
227 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
228 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
229 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
230 893.13(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.
231 893.13(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.
232 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
233 893.13(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.
234 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
235 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
236 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
237 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
238 (e) LEVEL 5
239 FloridaStatute FelonyDegree Description
240 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
241 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
242 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
243 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
244 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
245 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
246 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
247 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
248 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
249 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
250 790.01(2) 3rd Carrying a concealed firearm.
251 790.162 2nd Threat to throw or discharge destructive device.
252 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
253 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
254 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
255 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
256 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
257 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
258 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
259 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
260 812.019(1) 2nd Stolen property; dealing in or trafficking in.
261 812.131(2)(b) 3rd Robbery by sudden snatching.
262 812.16(2) 3rd Owning, operating, or conducting a chop shop.
263 817.034(4)(a)2. 2nd Communications fraud; property valued at, value $20,000 or more but less than to $50,000.
264 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
265 817.2341(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.
266 817.568(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.
267 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
268 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
269 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
270 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
271 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
272 843.01 3rd Resist officer with violence to person; resist arrest with violence.
273 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
274 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
275 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
276 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
277 893.13(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).
278 893.13(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.
279 893.13(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.
280 893.13(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.
281 893.13(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.
282 893.13(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).
283 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
284 (f) LEVEL 6
285 FloridaStatute FelonyDegree Description
286 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
287 499.0051(3) 2nd Knowing forgery of pedigree papers.
288 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
289 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
290 775.0875(1) 3rd Taking firearm from law enforcement officer.
291 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
292 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
293 784.041 3rd Felony battery; domestic battery by strangulation.
294 784.048(3) 3rd Aggravated stalking; credible threat.
295 784.048(5) 3rd Aggravated stalking of person under 16.
296 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
297 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
298 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
299 784.081(2) 2nd Aggravated assault on specified official or employee.
300 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
301 784.083(2) 2nd Aggravated assault on code inspector.
302 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
303 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
304 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
305 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
306 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
307 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
308 794.05(1) 2nd Unlawful sexual activity with specified minor.
309 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
310 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
311 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
312 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
313 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
314 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
315 812.0145(2)(b) 2nd Theft from person age 65 or older; property valued at $5,000 or more but less than $20,000.
316 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
317 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
318 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
319 817.034(4)(a)1. 1st Communications fraud; property valued at, value greater than $50,000 or more.
320 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
321 825.102(1) 3rd Abuse of an elderly person or disabled adult.
322 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
323 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
324 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
325 827.03(1) 3rd Abuse of a child.
326 827.03(3)(c) 3rd Neglect of a child.
327 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
328 836.05 2nd Threats; extortion.
329 836.10 2nd Written threats to kill or do bodily injury.
330 843.12 3rd Aids or assists person to escape.
331 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
332 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
333 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
334 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
335 944.35(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.
336 944.40 2nd Escapes.
337 944.46 3rd Harboring, concealing, aiding escaped prisoners.
338 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
339 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
340 (g) LEVEL 7
341 FloridaStatute FelonyDegree Description
342 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
343 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
344 316.1935(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.
345 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
346 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
347 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
348 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
349 456.065(2) 3rd Practicing a health care profession without a license.
350 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
351 458.327(1) 3rd Practicing medicine without a license.
352 459.013(1) 3rd Practicing osteopathic medicine without a license.
353 460.411(1) 3rd Practicing chiropractic medicine without a license.
354 461.012(1) 3rd Practicing podiatric medicine without a license.
355 462.17 3rd Practicing naturopathy without a license.
356 463.015(1) 3rd Practicing optometry without a license.
357 464.016(1) 3rd Practicing nursing without a license.
358 465.015(2) 3rd Practicing pharmacy without a license.
359 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
360 467.201 3rd Practicing midwifery without a license.
361 468.366 3rd Delivering respiratory care services without a license.
362 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
363 483.901(9) 3rd Practicing medical physics without a license.
364 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
365 484.053 3rd Dispensing hearing aids without a license.
366 494.0018(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.
367 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
368 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
369 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
370 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
371 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
372 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
373 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
374 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
375 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
376 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
377 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
378 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
379 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
380 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
381 784.048(7) 3rd Aggravated stalking; violation of court order.
382 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
383 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
384 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
385 784.081(1) 1st Aggravated battery on specified official or employee.
386 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
387 784.083(1) 1st Aggravated battery on code inspector.
388 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
389 790.16(1) 1st Discharge of a machine gun under specified circumstances.
390 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
391 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
392 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
393 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
394 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
395 794.08(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.
396 796.03 2nd Procuring any person under 16 years for prostitution.
397 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
398 800.04(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.
399 806.01(2) 2nd Maliciously damage structure by fire or explosive.
400 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
401 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
402 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
403 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
404 812.014(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.
405 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
406 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
407 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
408 812.0145(2)(a) 1st Theft from person 65 years of age or older; $20,000 $50,000 or more.
409 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
410 812.131(2)(a) 2nd Robbery by sudden snatching.
411 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
412 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
413 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
414 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
415 817.2341 (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.
416 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
417 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
418 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
419 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
420 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
421 838.015 2nd Bribery.
422 838.016 2nd Unlawful compensation or reward for official behavior.
423 838.021(3)(a) 2nd Unlawful harm to a public servant.
424 838.22 2nd Bid tampering.
425 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
426 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
427 872.06 2nd Abuse of a dead human body.
428 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
429 893.13(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.
430 893.13(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.
431 893.13(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).
432 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
433 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
434 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
435 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
436 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
437 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
438 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
439 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
440 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
441 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
442 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
443 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
444 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
445 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
446 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
447 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
448 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
449 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
450 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
451 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
452 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
453 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
454 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
455 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
456 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
457 Section 5. This act shall take effect July 1, 2012.
