Bill Text: FL S1334 | 2019 | Regular Session | Comm Sub
Bill Title: Criminal Justice
Spectrum:
Status: (Failed) 2019-05-03 - Died in Judiciary, companion bill(s) passed, see CS/CS/HB 595 (Ch. 2019-81), CS/HB 7125 (Ch. 2019-167) [S1334 Detail]
Download: Florida-2019-S1334-Comm_Sub.html
Florida Senate - 2019 CS for SB 1334
By the Committee on Criminal Justice; and Senators Brandes and
Bracy
591-03161-19 20191334c1
1 A bill to be entitled
2 An act relating to criminal justice; creating s.
3 562.112, F.S.; prohibiting the arrest, charge,
4 prosecution, or penalization under specified
5 provisions of a person acting in good faith who seeks
6 medical assistance for an individual experiencing, or
7 believed to be experiencing, an alcohol-related
8 overdose; providing requirements for that person;
9 prohibiting the arrest, charge, or prosecution of or
10 imposition of penalties on, under specified
11 provisions, a person who experiences, or has a good
12 faith belief that he or she is experiencing, an
13 alcohol-related overdose; prohibiting the protection
14 from arrest, charge, prosecution, or the imposition of
15 penalties for certain offenses from being grounds for
16 suppression of evidence in other criminal
17 prosecutions; amending s. 812.014, F.S.; increasing
18 threshold amounts for certain theft offenses; revising
19 the list of items the theft of which constitutes theft
20 of the third degree; providing that the value of taken
21 property is based on fair market value at the time of
22 the taking; requiring the Office of Program Policy
23 Analysis and Government Accountability (OPPAGA) to
24 conduct a study of the threshold amounts every 5
25 years; providing the scope of the study; requiring
26 OPPAGA to include options, if appropriate; requiring
27 OPPAGA to consult with the Office of Economic and
28 Demographic Research and other interested entities;
29 requiring OPPAGA to submit a report to the Governor
30 and the Legislature by a specified date at certain
31 intervals; amending s. 812.015, F.S.; defining the
32 term “value”; increasing threshold amounts for a
33 certain theft offense; revising the circumstances
34 under which an offense of retail theft constitutes a
35 felony of the second degree; requiring OPPAGA to
36 conduct a study of the threshold amounts every 5
37 years; providing the scope of the study; requiring
38 OPPAGA to include options, if appropriate; requiring
39 OPPAGA to consult with the Office of Economic and
40 Demographic Research and other interested entities;
41 requiring OPPAGA to submit a report to the Governor
42 and the Legislature by a specified date at certain
43 intervals; amending s. 893.13, F.S.; providing that
44 only offenses involving the sale or manufacturing of a
45 controlled substance are subject to enhanced penalties
46 when committed within a drug-free zone; reducing the
47 distance applicable to certain controlled substance
48 offenses committed within certain drug-free zones;
49 amending s. 893.135, F.S.; defining the term “dosage
50 unit”; providing applicability; prohibiting the sale,
51 purchase, delivery, bringing into this state, or
52 actual or constructive possession of specified amounts
53 of dosage units of certain controlled substances;
54 providing criminal penalties; creating the offense of
55 “trafficking in pharmaceuticals”; amending s. 893.135,
56 F.S.; authorizing a court to impose a sentence other
57 than a mandatory minimum term of imprisonment and
58 mandatory fine for a person convicted of trafficking
59 if the court makes certain findings on the record;
60 amending s. 893.21, F.S.; prohibiting the arrest,
61 charge, prosecution, or penalization under specified
62 provisions of a person acting in good faith who seeks
63 medical assistance for an individual experiencing, or
64 believed to be experiencing, a drug-related overdose;
65 prohibiting the arrest, charge, prosecution, or
66 penalization under specified provisions of a person
67 who experiences, or has a good faith belief that he or
68 she is experiencing, a drug-related overdose;
69 prohibiting a person from being penalized for a
70 violation of a condition of certain programs if that
71 person in good faith seeks medical assistance for
72 himself or herself or an individual experiencing, or
73 believed to be experiencing, a drug-related overdose;
74 prohibiting the protection from arrest, charge,
75 prosecution, or the imposition of penalties for
76 certain offenses from being grounds for suppression of
77 evidence in other criminal prosecutions; creating s.
78 907.042, F.S.; providing legislative findings;
79 authorizing each county to establish a supervised bond
80 program with the concurrence of the chief judge of the
81 judicial circuit, the county’s chief correctional
82 officer, the state attorney, and the public defender;
83 providing an exception for a county that has already
84 established and implemented a supervised bond program
85 that uses a risk assessment instrument; providing
86 minimum program requirements; requiring each county
87 that establishes a supervised bond program to have the
88 risk assessment instrument validated by the Department
89 of Corrections; requiring each county that establishes
90 a supervised bond program to submit an annual report
91 by a certain date to OPPAGA; requiring OPPAGA to
92 compile such reports and include such information in a
93 specified report sent to the Legislature; authorizing
94 the department to adopt rules; creating s. 907.0421,
95 F.S.; providing legislative findings; authorizing the
96 chief judge of each circuit, with the concurrence of
97 the county’s chief correctional officer, the state
98 attorney, and the public defender, to enter an
99 administrative order for the use of a risk assessment
100 instrument in pretrial release determinations;
101 requiring the risk assessment instrument results to be
102 used as supplemental factors for the court’s
103 evaluation of appropriate pretrial release conditions;
104 requiring the court to impose the least restrictive
105 conditions necessary to reasonably ensure the
106 defendant’s appearance at subsequent hearings;
107 providing that a court retains sole discretion to
108 determine the appropriateness of pretrial release and
109 any necessary pretrial release conditions; requiring a
110 circuit that uses a risk assessment instrument to have
111 the instrument validated by the department;
112 authorizing the circuit to implement the risk
113 assessment instrument immediately after validation and
114 completion of training of all local staff who will
115 administer the risk assessment instrument; requiring
116 each circuit that enters an administrative order to
117 use risk assessment instruments in pretrial release
118 determinations to submit an annual report by a certain
119 date to OPPAGA; requiring OPPAGA to compile the
120 reports and include such information in a specified
121 report sent to the Legislature; authorizing the
122 department to adopt rules; amending s. 945.091, F.S.;
123 authorizing the department to extend the limits of the
124 place of confinement to allow an inmate to participate
125 in supervised community release, subject to certain
126 requirements, as prescribed by the department by rule;
127 requiring the department to administer a risk
128 assessment instrument to determine an inmate’s
129 appropriateness for release on electronic monitoring;
130 authorizing the department to terminate an inmate’s
131 participation under certain circumstances; authorizing
132 a law enforcement or probation officer to arrest such
133 an inmate without a warrant in accordance with
134 specified authority; requiring a law enforcement
135 officer to report alleged violations to a supervising
136 probation office or to the department’s emergency
137 action center for disposition of disciplinary charges
138 as prescribed by the department by rule; providing
139 that participating inmates remain eligible to earn or
140 lose gain-time, but not in an amount that results in
141 an inmate being released prior to serving a certain
142 percent of the sentence imposed; prohibiting such
143 inmates from being counted in the population of the
144 prison system and their approved community-based
145 housing location from being counted in the capacity
146 figures for the prison system; amending s. 947.005,
147 F.S.; defining the term “conditional medical release”;
148 amending s. 947.149, F.S.; defining the term “inmate
149 with a debilitating illness”; redefining the term
150 “terminally ill inmate”; expanding eligibility for
151 conditional medical release to include inmates with
152 debilitating illnesses; amending s. 893.03, F.S.;
153 conforming a cross-reference; amending s. 921.0022,
154 F.S.; conforming provisions to changes made by the
155 act; conforming a cross-reference; reenacting ss.
156 95.18(10), 400.9935(3), 409.910(17)(g), 489.126(4),
157 550.6305(10), 627.743(2), 634.319(2), 634.421(2),
158 636.238(3), 642.038(2), 705.102(4), 718.111(1)(d),
159 812.015(2), 812.0155(1) and (2), 812.14(4), (7), and
160 (8), 893.138(3), 932.701(2)(a), 943.051(3)(b),
161 985.11(1)(b), and 985.557(1)(a) and (2)(c), F.S.,
162 relating to adverse possession without color of title;
163 clinic responsibilities; responsibility for payments
164 on behalf of Medicaid-eligible persons when other
165 parties are liable; moneys received by contractors;
166 intertrack wagering; payment of third-party claims;
167 diversion or appropriation of certain funds received
168 by sales representatives; diversion or appropriation
169 of certain funds received by sales representatives;
170 penalties for certain violations; diversion or
171 appropriation of certain funds received by sales
172 representatives; reporting lost or abandoned property;
173 condominium associations; retail and farm theft;
174 suspension of driver license following an adjudication
175 of guilt for theft; trespass and larceny with relation
176 to utility fixtures and theft of utility services;
177 local administrative action to abate drug-related,
178 prostitution-related, or stolen-property-related
179 public nuisances and criminal gang activity; the
180 definition of the term “contraband article”;
181 fingerprinting of certain minors; fingerprinting and
182 photographing of certain children; and discretionary
183 and mandatory criteria for the direct filing of an
184 information, respectively, to incorporate the
185 amendment made to s. 812.014, F.S., in references
186 thereto; reenacting s. 538.09(5), F.S., relating to
187 the registration of a secondhand dealer, to
188 incorporate the amendment made to s. 812.015, F.S., in
189 a reference thereto; reenacting ss. 538.23(2) and
190 812.0155(2), F.S., relating to secondary metals
191 recycler violations and penalties and suspension of
192 driver license following an adjudication of guilt for
193 theft, respectively, to incorporate the amendments
194 made to ss. 812.014 and 812.015, F.S., in references
195 thereto; reenacting ss. 397.4073(6), 414.095(1),
196 772.12(2), 775.087(2)(a) and (3)(a), 782.04(1)(a),
197 (3), and (4), 810.02(3), 812.014(2)(c), 893.13(8)(d),
198 893.1351(1) and (2), 900.05(3)(e), 903.133,
199 907.041(4)(c), and 921.0024(1)(b), F.S., relating to
200 background checks of service provider personnel; the
201 determination of eligibility for temporary cash
202 assistance; the Drug Dealer Liability Act; felony
203 reclassification of the possession or use of a weapon
204 in an aggravated battery; murder; burglary; theft;
205 prohibited acts that relate to the prescription of
206 controlled substances; ownership, lease, rental, or
207 possession for trafficking in or manufacturing
208 controlled substances; criminal justice data
209 collection; the prohibition of bail on appeal for
210 certain felony convictions; pretrial detention and
211 release; the scoresheet worksheet key for computation
212 in the Criminal Punishment Code, respectively, to
213 incorporate the amendment made to s. 893.135, F.S., in
214 references thereto; reenacting ss. 944.516(2),
215 945.092, and 946.503(2), F.S., relating to money or
216 other property received for personal use or benefit of
217 inmate, deposit, disposition of unclaimed trust funds;
218 limits on work-release and minimum security custody
219 for persons who have committed the crime of escape;
220 and definitions to be used with respect to
221 correctional work programs, respectively, to
222 incorporate the amendment made to s. 945.091, F.S., in
223 references thereto; reenacting ss. 316.1935(6),
224 775.084(4)(k), 784.07(3), 790.235(1), 794.0115(7),
225 893.135(1)(b), (c), and (g) and (3), 944.605(7)(b),
226 944.70(1)(b), 947.13(1)(h), and 947.141(1), (2), and
227 (7), F.S., all relating to eligibility for conditional
228 medical release under s. 947.149, F.S., to incorporate
229 the amendment made to s. 947.149, F.S., in references
230 thereto; reenacting s. 373.6055(3)(c), relating to
231 criminal history checks of certain water management
232 district employees and others, to incorporate the
233 amendments made to ss. 812.014 and 893.135, in
234 references thereto; reenacting ss. 775.087(2)(a) and
235 (b) and (3)(a) and (b) and 921.0024(1)(b) and (2),
236 relating to felony reclassification of aggravated
237 battery with possession or use of a weapon and the
238 Criminal Punishment Code worksheet key computations,
239 respectively, to incorporate the amendments made to
240 ss. 893.135 and 947.149, F.S., in references thereto;
241 providing effective dates.
242
243 Be It Enacted by the Legislature of the State of Florida:
244
245 Section 1. Effective July 1, 2019, section 562.112, Florida
246 Statutes, is created to read:
247 562.112 Alcohol-related overdoses; medical assistance;
248 immunity from arrest, charge, prosecution, and penalties.—
249 (1) A person who gives alcohol to an individual under 21
250 years of age and who, acting in good faith, seeks medical
251 assistance for the individual experiencing, or believed to be
252 experiencing, an alcohol-related overdose may not be arrested,
253 charged, prosecuted, or penalized for a violation of s. 562.11
254 or s. 562.111 if the evidence for such offense was obtained as a
255 result of that person seeking medical assistance. The person who
256 seeks such assistance shall remain at the scene until emergency
257 medical services personnel arrive and must cooperate with them
258 and with law enforcement officers at the scene.
259 (2) A person who experiences, or has a good faith belief
260 that he or she is experiencing, an alcohol-related overdose and
261 is in need of medical assistance may not be arrested, charged,
262 prosecuted, or penalized for a violation of s. 562.111 if the
263 evidence for such offense was obtained as a result of that
264 person seeking medical assistance.
265 (3) Protection under this section from arrest, charge,
266 prosecution, or penalties for an offense listed in this section
267 may not be grounds for suppression of evidence in other criminal
268 prosecutions.
269 Section 2. Paragraphs (c), (d), and (e) of subsection (2)
270 and subsection (3) of section 812.014, Florida Statutes, are
271 amended, and subsections (7) and (8) are added to that section,
272 to read:
273 812.014 Theft.—
274 (2)
275 (c) It is grand theft of the third degree and a felony of
276 the third degree, punishable as provided in s. 775.082, s.
277 775.083, or s. 775.084, if the property stolen is:
278 1. Valued at $1,500 $300 or more, but less than $5,000.
279 2. Valued at $5,000 or more, but less than $10,000.
280 3. Valued at $10,000 or more, but less than $20,000.
281 4. A will, codicil, or other testamentary instrument.
282 4.5. A firearm.
283 5.6. A motor vehicle, except as provided in paragraph (a).
284 6.7. Any commercially farmed animal, including any animal
285 of the equine, avian, bovine, or swine class or other grazing
286 animal; a bee colony of a registered beekeeper; and aquaculture
287 species raised at a certified aquaculture facility. If the
288 property stolen is a commercially farmed animal, including an
289 animal of the equine, avian, bovine, or swine class or other
290 grazing animal; a bee colony of a registered beekeeper; or an
291 aquaculture species raised at a certified aquaculture facility,
292 a $10,000 fine shall be imposed.
293 8. Any fire extinguisher.
294 7.9. Any amount of citrus fruit consisting of 2,000 or more
295 individual pieces of fruit.
296 8.10. Taken from a designated construction site identified
297 by the posting of a sign as provided for in s. 810.09(2)(d).
298 9.11. Any stop sign.
299 10.12. Anhydrous ammonia.
300 11.13. Any amount of a controlled substance as defined in
301 s. 893.02. Notwithstanding any other law, separate judgments and
302 sentences for theft of a controlled substance under this
303 subparagraph and for any applicable possession of controlled
304 substance offense under s. 893.13 or trafficking in controlled
305 substance offense under s. 893.135 may be imposed when all such
306 offenses involve the same amount or amounts of a controlled
307 substance.
308
309 However, if the property is stolen within a county that is
310 subject to a state of emergency declared by the Governor under
311 chapter 252, the property is stolen after the declaration of
312 emergency is made, and the perpetration of the theft is
313 facilitated by conditions arising from the emergency, the
314 offender commits a felony of the second degree, punishable as
315 provided in s. 775.082, s. 775.083, or s. 775.084, if the
316 property is valued at $5,000 or more, but less than $10,000, as
317 provided under subparagraph 2., or if the property is valued at
318 $10,000 or more, but less than $20,000, as provided under
319 subparagraph 3. As used in this paragraph, the term “conditions
320 arising from the emergency” means civil unrest, power outages,
321 curfews, voluntary or mandatory evacuations, or a reduction in
322 the presence of or the response time for first responders or
323 homeland security personnel. For purposes of sentencing under
324 chapter 921, a felony offense that is reclassified under this
325 paragraph is ranked one level above the ranking under s.
326 921.0022 or s. 921.0023 of the offense committed.
327 (d) It is grand theft of the third degree and a felony of
328 the third degree, punishable as provided in s. 775.082, s.
329 775.083, or s. 775.084, if the property stolen is valued at
330 $1,500 $100 or more, but less than $5,000 $300, and is taken
331 from a dwelling as defined in s. 810.011(2) or from the
332 unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
333 (e) Except as provided in paragraph (d), if the property
334 stolen is valued at $500 $100 or more, but less than $1,500
335 $300, the offender commits petit theft of the first degree,
336 punishable as a misdemeanor of the first degree, as provided in
337 s. 775.082 or s. 775.083.
338 (3)(a) Theft of any property not specified in subsection
339 (2) is petit theft of the second degree and a misdemeanor of the
340 second degree, punishable as provided in s. 775.082 or s.
341 775.083, and as provided in subsection (5), as applicable.
342 (b) A person who commits petit theft and who has previously
343 been convicted of any theft commits a misdemeanor of the first
344 degree, punishable as provided in s. 775.082 or s. 775.083.
345 (c) A person who commits petit theft in the first degree
346 and who has previously been convicted two or more times as an
347 adult of any theft commits a felony of the third degree,
348 punishable as provided in s. 775.082 or s. 775.083 if the third
349 or subsequent petit theft offense occurred within 3 years after
350 the expiration of his or her sentence for the most recent theft
351 conviction.
352 (d)1. Every judgment of guilty or not guilty of a petit
353 theft shall be in writing, signed by the judge, and recorded by
354 the clerk of the circuit court. The judge shall cause to be
355 affixed to every such written judgment of guilty of petit theft,
356 in open court and in the presence of such judge, the
357 fingerprints of the defendant against whom such judgment is
358 rendered. Such fingerprints shall be affixed beneath the judge’s
359 signature to such judgment. Beneath such fingerprints shall be
360 appended a certificate to the following effect:
361
362 “I hereby certify that the above and foregoing fingerprints
363 on this judgment are the fingerprints of the defendant, ....,
364 and that they were placed thereon by said defendant in my
365 presence, in open court, this the .... day of ....,
366 ...(year)....”
367
368 Such certificate shall be signed by the judge, whose signature
369 thereto shall be followed by the word “Judge.”
370 2. Any such written judgment of guilty of a petit theft, or
371 a certified copy thereof, is admissible in evidence in the
372 courts of this state as prima facie evidence that the
373 fingerprints appearing thereon and certified by the judge are
374 the fingerprints of the defendant against whom such judgment of
375 guilty of a petit theft was rendered.
376 (7) For purposes of determining the value of property taken
377 in violation of this section, the value must be based on the
378 fair market value of the property at the time the taking
379 occurred.
380 (8) The Office of Program Policy Analysis and Government
381 Accountability (OPPAGA) shall, every 5 years, perform a study of
382 the appropriateness of the threshold amounts included in this
383 section. The study’s scope must include, but need not be limited
384 to, the crime trends related to theft offenses, the theft
385 threshold amounts of other states in effect at the time of the
386 study, the fiscal impact of any modifications to Florida’s
387 threshold amounts, and any economic factors, such as inflation.
388 The report must include options for amending the threshold
389 amounts if the study finds that the amounts are inconsistent
390 with current trends. In conducting the study, OPPAGA shall
391 consult with the Office of Economic and Demographic Research in
392 addition to other interested entities. OPPAGA shall submit a
393 report to the Governor, President of the Senate, and Speaker of
394 the House of Representatives by September 1 of every 5th year.
395 Section 3. Subsections (8) and (9) of section 812.015,
396 Florida Statutes, are amended, and paragraph (n) of subsection
397 (1) and subsection (10) are added to that section, to read:
398 812.015 Retail and farm theft; transit fare evasion;
399 mandatory fine; alternative punishment; detention and arrest;
400 exemption from liability for false arrest; resisting arrest;
401 penalties.—
402 (1) As used in this section:
403 (n) “Value” means the fair market value of the property
404 taken in violation of this section at the time the taking
405 occurred.
406 (8) Except as provided in subsection (9), a person who
407 commits retail theft commits a felony of the third degree,
408 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
409 if the property stolen is valued at $1,500 $300 or more, and the
410 person:
411 (a) Individually, or in concert with one or more other
412 persons, coordinates the activities of one or more individuals
413 in committing the offense, in which case the amount of each
414 individual theft is aggregated to determine the value of the
415 property stolen;
416 (b) Commits theft from more than one location within a 48
417 hour period, in which case the amount of each individual theft
418 is aggregated to determine the value of the property stolen;
419 (c) Acts in concert with one or more other individuals
420 within one or more establishments to distract the merchant,
421 merchant’s employee, or law enforcement officer in order to
422 carry out the offense, or acts in other ways to coordinate
423 efforts to carry out the offense; or
424 (d) Commits the offense through the purchase of merchandise
425 in a package or box that contains merchandise other than, or in
426 addition to, the merchandise purported to be contained in the
427 package or box.
428 (9) A person commits a felony of the second degree,
429 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
430 if the person:
431 (a) Violates subsection (8) as an adult and has previously
432 been convicted of a violation of subsection (8) within 3 years
433 after the expiration of his or her sentence for the conviction;
434 or
435 (b) Individually, or in concert with one or more other
436 persons, coordinates the activities of one or more persons in
437 committing the offense of retail theft where the stolen property
438 has a value in excess of $3,000.
439 (10) The Office of Program Policy Analysis and Government
440 Accountability (OPPAGA) shall, every 5 years, perform a study of
441 the appropriateness of the threshold amounts included in this
442 section. The study’s scope must include, but need not be limited
443 to, the crime trends related to theft offenses, the theft
444 threshold amounts of other states in effect at the time of the
445 study, the fiscal impact of any modifications to Florida’s
446 threshold amounts, and any economic factors, such as inflation.
447 The report must include options for amending the threshold
448 amounts if the study finds that the amounts are inconsistent
449 with current trends. In conducting the study, OPPAGA shall
450 consult with the Office of Economic and Demographic Research in
451 addition to other interested entities. OPPAGA shall submit a
452 report to the Governor, President of the Senate, and Speaker of
453 the House of Representatives by September 1 of every 5th year.
454 Section 4. Paragraphs (c) through (f) and (h) of subsection
455 (1) of section 893.13, Florida Statutes, are amended to read:
456 893.13 Prohibited acts; penalties.—
457 (1)
458 (c) Except as authorized by this chapter, a person may not
459 sell or, manufacture, or deliver, or possess with intent to
460 sell, manufacture, or deliver, a controlled substance in, on, or
461 within 1,000 feet of the real property comprising a child care
462 facility as defined in s. 402.302 or a public or private
463 elementary, middle, or secondary school between the hours of 6
464 a.m. and 12 midnight, or at any time in, on, or within 250 1,000
465 feet of real property comprising a state, county, or municipal
466 park, a community center, or a publicly owned recreational
467 facility. As used in this paragraph, the term “community center”
468 means a facility operated by a nonprofit community-based
469 organization for the provision of recreational, social, or
470 educational services to the public. A person who violates this
471 paragraph with respect to:
472 1. A controlled substance named or described in s.
473 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
474 commits a felony of the first degree, punishable as provided in
475 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
476 sentenced to a minimum term of imprisonment of 3 calendar years
477 unless the offense was committed within 1,000 feet of the real
478 property comprising a child care facility as defined in s.
479 402.302.
480 2. A controlled substance named or described in s.
481 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
482 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
483 the second degree, punishable as provided in s. 775.082, s.
484 775.083, or s. 775.084.
485 3. Any other controlled substance, except as lawfully sold
486 or, manufactured, or delivered, must be sentenced to pay a $500
487 fine and to serve 100 hours of public service in addition to any
488 other penalty prescribed by law.
489
490 This paragraph does not apply to a child care facility unless
491 the owner or operator of the facility posts a sign that is not
492 less than 2 square feet in size with a word legend identifying
493 the facility as a licensed child care facility and that is
494 posted on the property of the child care facility in a
495 conspicuous place where the sign is reasonably visible to the
496 public.
497 (d) Except as authorized by this chapter, a person may not
498 sell or, manufacture, or deliver, or possess with intent to
499 sell, manufacture, or deliver, a controlled substance in, on, or
500 within 250 1,000 feet of the real property comprising a public
501 or private college, university, or other postsecondary
502 educational institution. A person who violates this paragraph
503 with respect to:
504 1. A controlled substance named or described in s.
505 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
506 commits a felony of the first degree, punishable as provided in
507 s. 775.082, s. 775.083, or s. 775.084.
508 2. A controlled substance named or described in s.
509 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
510 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
511 the second degree, punishable as provided in s. 775.082, s.
512 775.083, or s. 775.084.
513 3. Any other controlled substance, except as lawfully sold
514 or, manufactured, or delivered, must be sentenced to pay a $500
515 fine and to serve 100 hours of public service in addition to any
516 other penalty prescribed by law.
517 (e) Except as authorized by this chapter, a person may not
518 sell or, manufacture, or deliver, or possess with intent to
519 sell, manufacture, or deliver, a controlled substance not
520 authorized by law in, on, or within 1,000 feet of a physical
521 place for worship at which a church or religious organization
522 regularly conducts religious services or within 250 1,000 feet
523 of a convenience business as defined in s. 812.171. A person who
524 violates this paragraph with respect to:
525 1. A controlled substance named or described in s.
526 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
527 commits a felony of the first degree, punishable as provided in
528 s. 775.082, s. 775.083, or s. 775.084.
529 2. A controlled substance named or described in s.
530 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
531 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
532 the second degree, punishable as provided in s. 775.082, s.
533 775.083, or s. 775.084.
534 3. Any other controlled substance, except as lawfully sold
535 or, manufactured, or delivered, must be sentenced to pay a $500
536 fine and to serve 100 hours of public service in addition to any
537 other penalty prescribed by law.
538 (f) Except as authorized by this chapter, a person may not
539 sell or, manufacture, or deliver, or possess with intent to
540 sell, manufacture, or deliver, a controlled substance in, on, or
541 within 250 1,000 feet of the real property comprising a public
542 housing facility at any time. As used in this section, the term
543 “real property comprising a public housing facility” means real
544 property, as defined in s. 421.03(12), of a public corporation
545 created as a housing authority pursuant to part I of chapter
546 421. A person who violates this paragraph with respect to:
547 1. A controlled substance named or described in s.
548 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
549 commits a felony of the first degree, punishable as provided in
550 s. 775.082, s. 775.083, or s. 775.084.
551 2. A controlled substance named or described in s.
552 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
553 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
554 the second degree, punishable as provided in s. 775.082, s.
555 775.083, or s. 775.084.
556 3. Any other controlled substance, except as lawfully sold
557 or, manufactured, or delivered, must be sentenced to pay a $500
558 fine and to serve 100 hours of public service in addition to any
559 other penalty prescribed by law.
560 (h) Except as authorized by this chapter, a person may not
561 sell or, manufacture, or deliver, or possess with intent to
562 sell, manufacture, or deliver, a controlled substance in, on, or
563 within 1,000 feet of the real property comprising an assisted
564 living facility, as that term is used in chapter 429. A person
565 who violates this paragraph with respect to:
566 1. A controlled substance named or described in s.
567 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
568 commits a felony of the first degree, punishable as provided in
569 s. 775.082, s. 775.083, or s. 775.084.
570 2. A controlled substance named or described in s.
571 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
572 (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
573 the second degree, punishable as provided in s. 775.082, s.
574 775.083, or s. 775.084.
575 3. Any other controlled substance, except as lawfully sold
576 or, manufactured, or delivered, must be sentenced to pay a $500
577 fine and to serve 100 hours of public service in addition to any
578 other penalty prescribed by law.
579 Section 5. Paragraph (o) is added to subsection (1) of
580 section 893.135, Florida Statutes, to read:
581 893.135 Trafficking; mandatory sentences; suspension or
582 reduction of sentences; conspiracy to engage in trafficking.—
583 (1) Except as authorized in this chapter or in chapter 499
584 and notwithstanding the provisions of s. 893.13:
585 (o)1. As used in this paragraph, the term “dosage unit”
586 means an individual tablet, capsule, pill, transdermal patch,
587 unit of sublingual gelatin, or other visually distinctive form,
588 each having a clear manufacturer marking, of a commercial drug
589 product approved by the federal Food and Drug Administration and
590 manufactured and distributed by a pharmaceutical company
591 lawfully doing business in the United States.
592 2. Notwithstanding any other provision of this section, the
593 sale, purchase, manufacture, delivery, or actual or constructive
594 possession of fewer than 120 dosage units containing any
595 controlled substance described in this section is not a
596 violation of this section.
597 3. A person who knowingly sells, purchases, delivers, or
598 brings into this state, or who is knowingly in actual or
599 constructive possession of, 120 or more dosage units containing
600 a controlled substance described in this section commits a
601 felony of the first degree, which felony shall be known as
602 “trafficking in pharmaceuticals,” punishable as provided in s.
603 775.082, s. 775.083, or s. 775.084, and must be prosecuted under
604 this paragraph. If the quantity involved:
605 a. Is 120 or more dosage units, but less than 500 dosage
606 units, such person shall be sentenced to a mandatory minimum
607 term of imprisonment of 3 years and ordered to pay a fine of up
608 to $25,000.
609 b. Is 500 or more dosage units, but less than 1,000 dosage
610 units, such person shall be sentenced to a mandatory minimum
611 term of imprisonment of 7 years and ordered to pay a fine of up
612 to $50,000.
613 c. Is 1,000 or more dosage units, but less than 5,000
614 dosage units, such person shall be sentenced to a mandatory
615 minimum term of imprisonment of 15 years and ordered to pay a
616 fine of up to $100,000.
617 d. Is 5,000 or more dosage units, such person shall be
618 sentenced to a mandatory minimum term of imprisonment of 25
619 years and ordered to pay a fine of up to $250,000.
620 Section 6. Effective July 1, 2019, present subsections (6)
621 and (7) of section 893.135, Florida Statutes, are redesignated
622 as subsections (7) and (8), respectively, and a new subsection
623 (6) is added to that section, to read:
624 893.135 Trafficking; mandatory sentences; suspension or
625 reduction of sentences; conspiracy to engage in trafficking.—
626 (6) Notwithstanding any other provision of this section, a
627 court may impose a sentence for a violation of this section
628 other than the mandatory minimum term of imprisonment and
629 mandatory fine if the court finds on the record that all of the
630 following circumstances exist:
631 (a) The person did not engage in a continuing criminal
632 enterprise as defined in s. 893.20(1).
633 (b) The person did not use or threaten violence or use a
634 weapon during the commission of the crime.
635 (c) The person did not cause a death or serious bodily
636 injury.
637 Section 7. Effective July 1, 2019, section 893.21, Florida
638 Statutes, is amended to read:
639 893.21 Drug-related overdoses; medical assistance; immunity
640 from arrest, charge, prosecution, and penalties.—
641 (1) A person acting in good faith who seeks medical
642 assistance for an individual experiencing, or believed to be
643 experiencing, a drug-related overdose may not be arrested,
644 charged, prosecuted, or penalized pursuant to this chapter for a
645 violation of s. 782.04(1)(a)3., s. 893.13, s. 893.135, or s.
646 893.147 possession of a controlled substance if the evidence for
647 such offense possession of a controlled substance was obtained
648 as a result of the person’s seeking medical assistance.
649 (2) A person who experiences, or has a good faith belief
650 that he or she is experiencing, a drug-related overdose and is
651 in need of medical assistance may not be arrested, charged,
652 prosecuted, or penalized pursuant to this chapter for a
653 violation of s. 893.13, s. 893.135, or s. 893.147 possession of
654 a controlled substance if the evidence for such offense
655 possession of a controlled substance was obtained as a result of
656 that person seeking the overdose and the need for medical
657 assistance.
658 (3) A person who experiences, or has a good faith belief
659 that he or she is experiencing, a drug-related overdose and
660 receives medical assistance, or a person acting in good faith
661 who seeks medical assistance for an individual experiencing, or
662 believed to be experiencing, a drug-related overdose, may not be
663 penalized for a violation of a condition of pretrial release,
664 probation, or parole if the evidence for such violation was
665 obtained as a result of that person seeking medical assistance.
666 (4)(3) Protection under in this section from arrest,
667 charge, prosecution, or penalties for an offense listed in this
668 section possession offenses under this chapter may not be
669 grounds for suppression of evidence in other criminal
670 prosecutions.
671 Section 8. Section 907.042, Florida Statutes, is created to
672 read:
673 907.042 Supervised bond program.—
674 (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
675 is a need to use evidence-based methods to identify defendants
676 who can successfully comply with specified pretrial release
677 conditions. The Legislature finds that the use of actuarial
678 instruments that evaluate criminogenic-based needs and classify
679 defendants according to levels of risk provides a more
680 consistent and accurate assessment of a defendant’s risk of
681 noncompliance while on pretrial release pending trial. The
682 Legislature also finds that both the community and the defendant
683 are better served when a defendant who poses a low risk to
684 society is provided the opportunity to fulfill employment and
685 familial responsibilities in the community under a structured
686 pretrial release plan that provides the defendant the best
687 chance of maintaining compliance with all pretrial conditions,
688 rather than keeping him or her in custody. The Legislature finds
689 that there is a benefit to establishing a supervised bond
690 program in each county for the purpose of providing pretrial
691 release to certain defendants who may not otherwise be eligible
692 for pretrial release on unsupervised nonmonetary conditions and
693 who do not have the ability to satisfy the bond imposed by the
694 court. The Legislature finds that the creation of such a program
695 will reduce the likelihood of defendants remaining unnecessarily
696 in custody pending trial.
697 (2) CREATION.—A supervised bond program may be established
698 in each county, with the terms of each program to be developed
699 with concurrence of the chief judge of the judicial circuit, the
700 county’s chief correctional officer, the state attorney, and the
701 public defender. A county that, on or before October 1, 2019,
702 has an established supervised bond program that uses a validated
703 risk assessment instrument for similar pretrial or supervision
704 determinations may continue to operate the program if the
705 program meets the requirements of subsections (3), (4), and (5).
706 (3) PROGRAM REQUIREMENTS.—At a minimum, a supervised bond
707 program must:
708 (a) Be administered by the county’s chief correctional
709 officer.
710 (b) Use the results of a validated pretrial risk assessment
711 instrument that has been administered to a defendant for the
712 purposes of pretrial release or supervision determinations.
713 (c) Assess a defendant’s behavioral characteristics and
714 needs that increase the likelihood of criminal activity and that
715 may be addressed through the provision of services.
716 (d) Coordinate necessary services and supervision to reduce
717 the likelihood of criminal activity and to increase the
718 likelihood of compliance with pretrial release conditions.
719 (e) Require the appropriate court to make a final
720 determination regarding whether a defendant will be placed into
721 the supervised bond program. If such a determination is made,
722 the court must also:
723 1. Determine the conditions of the individualized
724 supervision plan with which the defendant must comply as a part
725 of the supervised bond program, including, but not limited to,
726 the requirements that the defendant must:
727 a. Be placed on active electronic monitoring or active
728 continuous alcohol monitoring, or both, dependent upon the level
729 of risk indicated by the risk assessment instrument; and
730 b. Communicate weekly, via telephone or in-person contact,
731 as determined by the court, with the office of the county’s
732 chief correctional officer.
733 2. Review the bond of a defendant who is being accepted
734 into the supervised bond program to determine if a reduction of
735 the amount of court-ordered bond, up to and including its
736 entirety, is appropriate.
737 (f) Establish procedures for reassessing or terminating
738 from the supervised bond program defendants who do not comply
739 with the terms of the individualized supervision plan imposed
740 through the program.
741 (4) VALIDATION.—Each county that establishes a supervised
742 bond program in accordance with this section must use a risk
743 assessment instrument that is validated by the Department of
744 Corrections. A risk assessment instrument that is used for other
745 pretrial release determinations in accordance with s. 907.0421
746 and that previously has been validated by the department does
747 not need to be validated for use in the supervised bond program.
748 An established supervised bond program that is in operation on
749 October 1, 2019, which uses a risk assessment instrument may
750 continue to operate while the department validates that
751 instrument.
752 (5) REPORTING.—
753 (a) Each county that establishes a supervised bond program
754 in accordance with this section, or that has an established
755 supervised bond program that meets the requirements of
756 subsection (3), shall provide an annual report to the Office of
757 Program Policy Analysis and Government Accountability (OPPAGA)
758 which details:
759 1. The results of the administration of the risk assessment
760 instrument;
761 2. The supportive services provided to defendants who were
762 assessed and accepted into the supervised bond program;
763 3. The success rate of the program; and
764 4. Any savings realized by the county as a result of such
765 defendants being released from custody pending trial.
766 (b) Beginning October 1, 2020, and by each October 1
767 thereafter, the annual report from the county must be submitted
768 to OPPAGA, which shall compile the results of such reports for
769 inclusion in an independent section of its annual report
770 developed and submitted to the President of the Senate and the
771 Speaker of the House of Representatives in accordance with s.
772 907.044.
773 (6) RULEMAKING.—The department may adopt rules to
774 administer this section.
775 Section 9. Section 907.0421, Florida Statutes, is created
776 to read:
777 907.0421 Use of risk assessment instruments in pretrial
778 release determinations.—
779 (1) The Legislature finds that there is a need to use
780 evidence-based methods to identify defendants who can
781 successfully comply with specified pretrial release conditions.
782 The Legislature finds that the use of actuarial instruments that
783 classify defendants according to the likelihood of failure to
784 appear at subsequent hearings or to engage in criminal conduct
785 while awaiting trial provides a more consistent and accurate
786 assessment of a defendant’s risk of noncompliance while on
787 pretrial release pending trial. The Legislature also finds that
788 research indicates that using accurate risk and needs assessment
789 instruments ensures successful compliance with pretrial release
790 conditions imposed on a defendant and reduces the likelihood of
791 a defendant remaining unnecessarily in custody pending trial.
792 (2) The chief judge of each judicial circuit, with the
793 concurrence of the county’s chief correctional officer, the
794 state attorney, and the public defender, may enter an
795 administrative order to administer a risk assessment instrument
796 in preparation for first appearance or may enter such an order
797 within 72 hours after arrest so that the instrument may be used
798 in pretrial release determinations. The risk assessment
799 instrument must be objective, standardized, and based on
800 analysis of empirical data and risk factors relevant to failure
801 to meet pretrial release conditions which evaluates the
802 likelihood of failure to appear in court and the likelihood of
803 rearrest during the pretrial release period and which is
804 validated on the pretrial population.
805 (3)(a) The risk assessment instrument results must be used
806 as supplemental factors for the court to consider when
807 determining the appropriateness of first appearance pretrial
808 release and, if applicable, the conditions of release which are
809 appropriate based on predicted level of risk and the risk of
810 failure to meet pretrial release conditions. Based on the risk
811 assessment instrument results, the court shall impose the least
812 restrictive conditions necessary to reasonably ensure that the
813 defendant will be present at subsequent hearings.
814 (b) A court that uses the results from a risk assessment
815 instrument in first appearance pretrial release determinations
816 retains sole discretion to impose any pretrial conditions it
817 deems necessary to ensure the defendant’s appearance at
818 subsequent hearings.
819 (4) A circuit that intends to use a risk assessment
820 instrument in pretrial release determinations must have the
821 instrument independently validated by the Department of
822 Corrections. A circuit may begin to use the instrument in
823 pretrial release determinations immediately after its validation
824 and the completion of training of all local staff who will
825 administer the risk assessment instrument.
826 (5)(a) Each circuit that establishes an administrative
827 order for the use of risk assessment instruments in first
828 appearance pretrial release determinations shall provide an
829 annual report to the Office of Program Policy Analysis and
830 Government Accountability (OPPAGA) which details:
831 1. The risk assessment instrument used;
832 2. The results of the administration of the risk assessment
833 instrument, including the results of defendants who were
834 detained in custody awaiting trial and those who were released
835 from custody awaiting trial;
836 3. The frequency with which released defendants failed to
837 appear at one or more subsequent court hearings; and
838 4. The level of risk determined in the risk assessment
839 instrument associated with a defendant who failed to appear for
840 any court hearing.
841 (b) Beginning October 1, 2020, and by each October 1
842 thereafter, the annual report from each circuit must be
843 submitted to OPPAGA, which shall compile the results of such
844 reports for inclusion in an independent section of its annual
845 report developed and submitted to the President of the Senate
846 and the Speaker of the House of Representatives in accordance
847 with s. 907.044.
848 (6) The department may adopt rules to administer this
849 section.
850 Section 10. Paragraph (d) is added to subsection (1) of
851 section 945.091, Florida Statutes, to read:
852 945.091 Extension of the limits of confinement; restitution
853 by employed inmates.—
854 (1) The department may adopt rules permitting the extension
855 of the limits of the place of confinement of an inmate as to
856 whom there is reasonable cause to believe that the inmate will
857 honor his or her trust by authorizing the inmate, under
858 prescribed conditions and following investigation and approval
859 by the secretary, or the secretary’s designee, who shall
860 maintain a written record of such action, to leave the confines
861 of that place unaccompanied by a custodial agent for a
862 prescribed period of time to:
863 (d) Participate in supervised community release as
864 prescribed by the department by rule. The inmate’s participation
865 may begin 180 days before his or her provisional or tentative
866 release date. Such supervised community release must include
867 active electronic monitoring and community control as defined in
868 s. 948.001. The department must administer a risk assessment
869 instrument to appropriately determine an inmate’s ability to be
870 released pursuant to this paragraph.
871 1. If a participating inmate fails to comply with the
872 conditions prescribed by department rule for supervised
873 community release, the department may terminate the inmate’s
874 supervised community release and return him or her to the same
875 or another institution designated by the department. A law
876 enforcement officer or a probation officer may arrest the inmate
877 without a warrant in accordance with s. 948.06 if there are
878 reasonable grounds to believe he or she has violated the terms
879 and conditions of supervised community release. The law
880 enforcement officer must report the inmate’s alleged violations
881 to the supervising probation office or to the department’s
882 emergency action center for disposition of disciplinary charges
883 as prescribed by department rule.
884 2. An inmate participating in supervised community release
885 under this paragraph remains eligible to earn or lose gain-time
886 in accordance with s. 944.275 and department rule, but may not
887 receive gain-time or other sentence credit in an amount that
888 would cause his or her sentence to expire, end, or terminate, or
889 that would result in his or her release, before serving a
890 minimum of 85 percent of the sentence imposed. The inmate may
891 not be counted in the population of the prison system, and the
892 inmate’s approved community-based housing location may not be
893 counted in the capacity figures for the prison system.
894 Section 11. Present subsections (4) through (15) of section
895 947.005, Florida Statutes, are redesignated as subsections (5)
896 through (16), respectively, and a new subsection (4) is added to
897 that section, to read:
898 947.005 Definitions.—As used in this chapter, unless the
899 context clearly indicates otherwise:
900 (4) “Conditional medical release” means the release from a
901 state correctional institution or facility under this chapter
902 for medical or mental health treatment pursuant to s. 947.149.
903 Section 12. Subsection (1) of section 947.149, Florida
904 Statutes, is amended to read:
905 947.149 Conditional medical release.—
906 (1) The commission shall, in conjunction with the
907 department, establish the conditional medical release program.
908 An inmate is eligible for consideration for release under the
909 conditional medical release program when the inmate, because of
910 an existing medical or physical condition, is determined by the
911 department to be within one of the following designations:
912 (a) “Inmate with a debilitating illness,” which means an
913 inmate who is determined to be suffering from a significant
914 terminal or nonterminal condition, disease, or syndrome that has
915 rendered the inmate so physically or cognitively impaired,
916 debilitated, or incapacitated as to create a reasonable
917 probability that the inmate does not constitute a danger to
918 herself or himself or others.
919 (b)(a) “Permanently incapacitated inmate,” which means an
920 inmate who has a condition caused by injury, disease, or illness
921 which, to a reasonable degree of medical certainty, renders the
922 inmate permanently and irreversibly physically incapacitated to
923 the extent that the inmate does not constitute a danger to
924 herself or himself or others.
925 (c)(b) “Terminally ill inmate,” which means an inmate who
926 has a condition caused by injury, disease, or illness which, to
927 a reasonable degree of medical certainty, renders the inmate
928 terminally ill to the extent that there can be no recovery and
929 death is expected within 12 months is imminent, so that the
930 inmate does not constitute a danger to herself or himself or
931 others.
932 Section 13. Effective July 1, 2019, paragraph (c) of
933 subsection (3) of section 893.03, Florida Statutes, is amended
934 to read:
935 893.03 Standards and schedules.—The substances enumerated
936 in this section are controlled by this chapter. The controlled
937 substances listed or to be listed in Schedules I, II, III, IV,
938 and V are included by whatever official, common, usual,
939 chemical, trade name, or class designated. The provisions of
940 this section shall not be construed to include within any of the
941 schedules contained in this section any excluded drugs listed
942 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
943 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
944 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
945 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
946 Anabolic Steroid Products.”
947 (3) SCHEDULE III.—A substance in Schedule III has a
948 potential for abuse less than the substances contained in
949 Schedules I and II and has a currently accepted medical use in
950 treatment in the United States, and abuse of the substance may
951 lead to moderate or low physical dependence or high
952 psychological dependence or, in the case of anabolic steroids,
953 may lead to physical damage. The following substances are
954 controlled in Schedule III:
955 (c) Unless specifically excepted or unless listed in
956 another schedule, any material, compound, mixture, or
957 preparation containing limited quantities of any of the
958 following controlled substances or any salts thereof:
959 1. Not more than 1.8 grams of codeine per 100 milliliters
960 or not more than 90 milligrams per dosage unit, with an equal or
961 greater quantity of an isoquinoline alkaloid of opium.
962 2. Not more than 1.8 grams of codeine per 100 milliliters
963 or not more than 90 milligrams per dosage unit, with recognized
964 therapeutic amounts of one or more active ingredients which are
965 not controlled substances.
966 3. Not more than 300 milligrams of hydrocodone per 100
967 milliliters or not more than 15 milligrams per dosage unit, with
968 a fourfold or greater quantity of an isoquinoline alkaloid of
969 opium.
970 4. Not more than 300 milligrams of hydrocodone per 100
971 milliliters or not more than 15 milligrams per dosage unit, with
972 recognized therapeutic amounts of one or more active ingredients
973 that are not controlled substances.
974 5. Not more than 1.8 grams of dihydrocodeine per 100
975 milliliters or not more than 90 milligrams per dosage unit, with
976 recognized therapeutic amounts of one or more active ingredients
977 which are not controlled substances.
978 6. Not more than 300 milligrams of ethylmorphine per 100
979 milliliters or not more than 15 milligrams per dosage unit, with
980 one or more active, nonnarcotic ingredients in recognized
981 therapeutic amounts.
982 7. Not more than 50 milligrams of morphine per 100
983 milliliters or per 100 grams, with recognized therapeutic
984 amounts of one or more active ingredients which are not
985 controlled substances.
986
987 For purposes of charging a person with a violation of s. 893.135
988 involving any controlled substance described in subparagraph 3.
989 or subparagraph 4., the controlled substance is a Schedule III
990 controlled substance pursuant to this paragraph but the weight
991 of the controlled substance per milliliters or per dosage unit
992 is not relevant to the charging of a violation of s. 893.135.
993 The weight of the controlled substance shall be determined
994 pursuant to s. 893.135(7) s. 893.135(6).
995 Section 14. Paragraphs (a) through (g) of subsection (3) of
996 section 921.0022, Florida Statutes, are amended to read:
997 921.0022 Criminal Punishment Code; offense severity ranking
998 chart.—
999 (3) OFFENSE SEVERITY RANKING CHART
1000 (a) LEVEL 1
1001
1002 FloridaStatute FelonyDegree Description
1003 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
1004 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
1005 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
1006 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
1007 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
1008 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
1009 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
1010 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
1011 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
1012 322.212(5)(a) 3rd False application for driver license or identification card.
1013 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
1014 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
1015 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
1016 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
1017 562.27(1) 3rd Possess still or still apparatus.
1018 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
1019 812.014(3)(c) 3rd Petit theft (3rd or subsequent adult conviction within specified period); theft of any property not specified in subsection (2).
1020 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
1021 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
1022 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
1023 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
1024 826.01 3rd Bigamy.
1025 828.122(3) 3rd Fighting or baiting animals.
1026 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
1027 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
1028 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
1029 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
1030 838.15(2) 3rd Commercial bribe receiving.
1031 838.16 3rd Commercial bribery.
1032 843.18 3rd Fleeing by boat to elude a law enforcement officer.
1033 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
1034 849.01 3rd Keeping gambling house.
1035 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
1036 849.23 3rd Gambling-related machines; “common offender” as to property rights.
1037 849.25(2) 3rd Engaging in bookmaking.
1038 860.08 3rd Interfere with a railroad signal.
1039 860.13(1)(a) 3rd Operate aircraft while under the influence.
1040 893.13(2)(a)2. 3rd Purchase of cannabis.
1041 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
1042 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
1043 (b) LEVEL 2
1044
1045 FloridaStatute FelonyDegree Description
1046 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1047 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1048 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
1049 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1050 590.28(1) 3rd Intentional burning of lands.
1051 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1052 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1053 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1054 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1055 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1056 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
1057 812.014(2)(d) 3rd Grand theft, 3rd degree; $1,500 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
1058 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1059 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1060 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1061 817.52(3) 3rd Failure to redeliver hired vehicle.
1062 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1063 817.60(5) 3rd Dealing in credit cards of another.
1064 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1065 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1066 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1067 831.01 3rd Forgery.
1068 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1069 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1070 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1071 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1072 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1073 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1074 843.08 3rd False personation.
1075 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
1076 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1077 (c) LEVEL 3
1078
1079 FloridaStatute FelonyDegree Description
1080 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1081 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1082 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1083 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1084 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1085 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1086 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1087 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1088 327.35(2)(b) 3rd Felony BUI.
1089 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1090 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1091 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1092 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.
1093 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
1094 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1095 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1096 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1097 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1098 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1099 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1100 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1101 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1102 697.08 3rd Equity skimming.
1103 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1104 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1105 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1106 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1107 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1108 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1109 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
1110 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1111 817.233 3rd Burning to defraud insurer.
1112 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1113 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1114 817.236 3rd Filing a false motor vehicle insurance application.
1115 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1116 817.413(2) 3rd Sale of used goods as new.
1117 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
1118 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1119 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1120 843.19 3rd Injure, disable, or kill police dog or horse.
1121 860.15(3) 3rd Overcharging for repairs and parts.
1122 870.01(2) 3rd Riot; inciting or encouraging.
1123 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
1124 893.13(1)(d)2. 2nd Sell or, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 250 1,000 feet of university.
1125 893.13(1)(f)2. 2nd Sell or, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 250 1,000 feet of public housing facility.
1126 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1127 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1128 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1129 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1130 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1131 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1132 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.
1133 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.
1134 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1135 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.
1136 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
1137 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1138 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1139 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1140 (d) LEVEL 4
1141
1142 FloridaStatute FelonyDegree Description
1143 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1144 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
1145 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
1146 517.07(1) 3rd Failure to register securities.
1147 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
1148 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
1149 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1150 784.075 3rd Battery on detention or commitment facility staff.
1151 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1152 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1153 784.081(3) 3rd Battery on specified official or employee.
1154 784.082(3) 3rd Battery by detained person on visitor or other detainee.
1155 784.083(3) 3rd Battery on code inspector.
1156 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1157 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1158 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1159 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1160 787.07 3rd Human smuggling.
1161 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1162 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1163 790.115(2)(c) 3rd Possessing firearm on school property.
1164 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1165 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1166 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1167 810.06 3rd Burglary; possession of tools.
1168 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1169 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1170 812.014(2)(c)4.-8.812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
1171 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1172 817.505(4)(a) 3rd Patient brokering.
1173 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1174 817.568(2)(a) 3rd Fraudulent use of personal identification information.
1175 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
1176 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
1177 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1178 837.02(1) 3rd Perjury in official proceedings.
1179 837.021(1) 3rd Make contradictory statements in official proceedings.
1180 838.022 3rd Official misconduct.
1181 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1182 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
1183 843.021 3rd Possession of a concealed handcuff key by a person in custody.
1184 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1185 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1186 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
1187 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
1188 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
1189 914.14(2) 3rd Witnesses accepting bribes.
1190 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1191 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1192 918.12 3rd Tampering with jurors.
1193 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1194 (e) LEVEL 5
1195
1196 FloridaStatute FelonyDegree Description
1197 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
1198 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
1199 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
1200 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1201 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1202 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
1203 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
1204 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
1205 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1206 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
1207 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
1208 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
1209 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
1210 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
1211 790.01(2) 3rd Carrying a concealed firearm.
1212 790.162 2nd Threat to throw or discharge destructive device.
1213 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
1214 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1215 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
1216 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
1217 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
1218 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
1219 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1220 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1221 812.015(8) 3rd Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
1222 812.019(1) 2nd Stolen property; dealing in or trafficking in.
1223 812.131(2)(b) 3rd Robbery by sudden snatching.
1224 812.16(2) 3rd Owning, operating, or conducting a chop shop.
1225 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1226 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1227 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.
1228 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.
1229 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
1230 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
1231 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1232 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1233 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
1234 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1235 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.
1236 843.01 3rd Resist officer with violence to person; resist arrest with violence.
1237 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
1238 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
1239 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1240 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
1241 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
1242 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
1243 893.13(1)(c)2. 2nd Sell or, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
1244 893.13(1)(d)1. 1st Sell or, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 250 1,000 feet of college or university.
1245 893.13(1)(e)2. 2nd Sell or, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or within 250 feet of a specified business site.
1246 893.13(1)(f)1. 1st Sell or, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 250 1,000 feet of public housing facility.
1247 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
1248 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
1249 (f) LEVEL 6
1250
1251 FloridaStatute FelonyDegree Description
1252 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
1253 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
1254 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
1255 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
1256 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
1257 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
1258 775.0875(1) 3rd Taking firearm from law enforcement officer.
1259 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
1260 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
1261 784.041 3rd Felony battery; domestic battery by strangulation.
1262 784.048(3) 3rd Aggravated stalking; credible threat.
1263 784.048(5) 3rd Aggravated stalking of person under 16.
1264 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
1265 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
1266 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
1267 784.081(2) 2nd Aggravated assault on specified official or employee.
1268 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
1269 784.083(2) 2nd Aggravated assault on code inspector.
1270 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
1271 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
1272 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
1273 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
1274 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
1275 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
1276 794.05(1) 2nd Unlawful sexual activity with specified minor.
1277 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
1278 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
1279 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
1280 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
1281 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
1282 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
1283 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
1284 812.015(9)(a) 2nd Retail theft; property stolen $1,500 $300 or more; second or subsequent adult conviction within specified period.
1285 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
1286 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
1287 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
1288 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
1289 825.102(1) 3rd Abuse of an elderly person or disabled adult.
1290 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
1291 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
1292 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
1293 827.03(2)(c) 3rd Abuse of a child.
1294 827.03(2)(d) 3rd Neglect of a child.
1295 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
1296 836.05 2nd Threats; extortion.
1297 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
1298 843.12 3rd Aids or assists person to escape.
1299 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
1300 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
1301 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
1302 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
1303 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.
1304 944.40 2nd Escapes.
1305 944.46 3rd Harboring, concealing, aiding escaped prisoners.
1306 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
1307 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
1308 (g) LEVEL 7
1309
1310 FloridaStatute FelonyDegree Description
1311 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1312 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1313 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.
1314 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1315 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1316 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1317 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1318 456.065(2) 3rd Practicing a health care profession without a license.
1319 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1320 458.327(1) 3rd Practicing medicine without a license.
1321 459.013(1) 3rd Practicing osteopathic medicine without a license.
1322 460.411(1) 3rd Practicing chiropractic medicine without a license.
1323 461.012(1) 3rd Practicing podiatric medicine without a license.
1324 462.17 3rd Practicing naturopathy without a license.
1325 463.015(1) 3rd Practicing optometry without a license.
1326 464.016(1) 3rd Practicing nursing without a license.
1327 465.015(2) 3rd Practicing pharmacy without a license.
1328 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1329 467.201 3rd Practicing midwifery without a license.
1330 468.366 3rd Delivering respiratory care services without a license.
1331 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1332 483.901(7) 3rd Practicing medical physics without a license.
1333 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1334 484.053 3rd Dispensing hearing aids without a license.
1335 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.
1336 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.
1337 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1338 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1339 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1340 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1341 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1342 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1343 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1344 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1345 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1346 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1347 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1348 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1349 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1350 784.048(7) 3rd Aggravated stalking; violation of court order.
1351 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1352 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1353 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1354 784.081(1) 1st Aggravated battery on specified official or employee.
1355 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1356 784.083(1) 1st Aggravated battery on code inspector.
1357 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1358 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.
1359 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1360 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1361 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1362 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1363 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1364 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1365 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1366 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.
1367 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1368 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1369 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1370 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.
1371 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.
1372 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1373 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1374 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1375 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1376 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1377 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.
1378 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1379 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1380 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1381 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1382 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1383 812.131(2)(a) 2nd Robbery by sudden snatching.
1384 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1385 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1386 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1387 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1388 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1389 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.
1390 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1391 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1392 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1393 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.
1394 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1395 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1396 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1397 838.015 2nd Bribery.
1398 838.016 2nd Unlawful compensation or reward for official behavior.
1399 838.021(3)(a) 2nd Unlawful harm to a public servant.
1400 838.22 2nd Bid tampering.
1401 843.0855(2) 3rd Impersonation of a public officer or employee.
1402 843.0855(3) 3rd Unlawful simulation of legal process.
1403 843.0855(4) 3rd Intimidation of a public officer or employee.
1404 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1405 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1406 872.06 2nd Abuse of a dead human body.
1407 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1408 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1409 893.13(1)(c)1. 1st Sell or, 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)5.) within 1,000 feet of a child care facility or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
1410 893.13(1)(e)1. 1st Sell or, 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)5., within 1,000 feet of property used for religious services or within 250 feet of a specified business site.
1411 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1412 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1413 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1414 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1415 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
1416 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1417 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1418 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1419 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
1420 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
1421 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
1422 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
1423 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1424 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1425 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1426 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1427 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
1428 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
1429 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
1430 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1431 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1432 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1433 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1434 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1435 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1436 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1437 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1438 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1439 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1440 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1441 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1442 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1443 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1444 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1445 Section 15. For the purpose of incorporating the amendment
1446 made by this act to section 812.014, Florida Statutes, in a
1447 reference thereto, subsection (10) of section 95.18, Florida
1448 Statutes, is reenacted to read:
1449 95.18 Real property actions; adverse possession without
1450 color of title.—
1451 (10) A person who occupies or attempts to occupy a
1452 residential structure solely by claim of adverse possession
1453 under this section and offers the property for lease to another
1454 commits theft under s. 812.014.
1455 Section 16. For the purpose of incorporating the amendment
1456 made by this act to section 812.014, Florida Statutes, in a
1457 reference thereto, subsection (3) of section 400.9935, Florida
1458 Statutes, is reenacted to read:
1459 400.9935 Clinic responsibilities.—
1460 (3) A charge or reimbursement claim made by or on behalf of
1461 a clinic that is required to be licensed under this part but
1462 that is not so licensed, or that is otherwise operating in
1463 violation of this part, regardless of whether a service is
1464 rendered or whether the charge or reimbursement claim is paid,
1465 is an unlawful charge and is noncompensable and unenforceable. A
1466 person who knowingly makes or causes to be made an unlawful
1467 charge commits theft within the meaning of and punishable as
1468 provided in s. 812.014.
1469 Section 17. For the purpose of incorporating the amendment
1470 made by this act to section 812.014, Florida Statutes, in a
1471 reference thereto, paragraph (g) of subsection (17) of section
1472 409.910, Florida Statutes, is reenacted to read:
1473 409.910 Responsibility for payments on behalf of Medicaid
1474 eligible persons when other parties are liable.—
1475 (17)
1476 (g) The agency may investigate and request appropriate
1477 officers or agencies of the state to investigate suspected
1478 criminal violations or fraudulent activity related to third
1479 party benefits, including, without limitation, ss. 414.39 and
1480 812.014. Such requests may be directed, without limitation, to
1481 the Medicaid Fraud Control Unit of the Office of the Attorney
1482 General or to any state attorney. Pursuant to s. 409.913, the
1483 Attorney General has primary responsibility to investigate and
1484 control Medicaid fraud.
1485 Section 18. For the purpose of incorporating the amendment
1486 made by this act to section 812.014, Florida Statutes, in a
1487 reference thereto, subsection (4) of section 489.126, Florida
1488 Statutes, is reenacted to read:
1489 489.126 Moneys received by contractors.—
1490 (4) Any person who violates any provision of this section
1491 is guilty of theft and shall be prosecuted and punished under s.
1492 812.014.
1493 Section 19. For the purpose of incorporating the amendment
1494 made by this act to section 812.014, Florida Statutes, in a
1495 reference thereto, subsection (10) of section 550.6305, Florida
1496 Statutes, is reenacted to read:
1497 550.6305 Intertrack wagering; guest track payments;
1498 accounting rules.—
1499 (10) All races or games conducted at a permitholder’s
1500 facility, all broadcasts of such races or games, and all
1501 broadcast rights relating thereto are owned by the permitholder
1502 at whose facility such races or games are conducted and
1503 constitute the permitholder’s property as defined in s.
1504 812.012(4). Transmission, reception of a transmission,
1505 exhibition, use, or other appropriation of such races or games,
1506 broadcasts of such races or games, or broadcast rights relating
1507 thereto without the written consent of the permitholder
1508 constitutes a theft of such property under s. 812.014; and in
1509 addition to the penal sanctions contained in s. 812.014, the
1510 permitholder has the right to avail itself of the civil remedies
1511 specified in ss. 772.104, 772.11, and 812.035 in addition to any
1512 other remedies available under applicable state or federal law.
1513 Section 20. For the purpose of incorporating the amendment
1514 made by this act to section 812.014, Florida Statutes, in a
1515 reference thereto, subsection (2) of section 627.743, Florida
1516 Statutes, is reenacted to read:
1517 627.743 Payment of third-party claims.—
1518 (2) When making any payment on a third party claim for
1519 damage to an automobile for a partial loss, the insurer shall
1520 have printed on the loss estimate, if prepared by the insurer,
1521 the following: “Failure to use the insurance proceeds in
1522 accordance with the security agreement, if any, could be a
1523 violation of s. 812.014, Florida Statutes. If you have any
1524 questions, contact your lending institution.” However, this
1525 subsection does not apply if the insurer does not prepare the
1526 loss estimate.
1527 Section 21. For the purpose of incorporating the amendment
1528 made by this act to section 812.014, Florida Statutes, in a
1529 reference thereto, subsection (2) of section 634.319, Florida
1530 Statutes, is reenacted to read:
1531 634.319 Reporting and accounting for funds.—
1532 (2) Any sales representative who, not being entitled
1533 thereto, diverts or appropriates such funds or any portion
1534 thereof to her or his own use is, upon conviction, guilty of
1535 theft, punishable as provided in s. 812.014.
1536 Section 22. For the purpose of incorporating the amendment
1537 made by this act to section 812.014, Florida Statutes, in a
1538 reference thereto, subsection (2) of section 634.421, Florida
1539 Statutes, is reenacted to read:
1540 634.421 Reporting and accounting for funds.—
1541 (2) Any sales representative who, not being entitled
1542 thereto, diverts or appropriates funds or any portion thereof to
1543 her or his own use commits theft as provided in s. 812.014.
1544 Section 23. For the purpose of incorporating the amendment
1545 made by this act to section 812.014, Florida Statutes, in a
1546 reference thereto, subsection (3) of section 636.238, Florida
1547 Statutes, is reenacted to read:
1548 636.238 Penalties for violation of this part.—
1549 (3) A person who collects fees for purported membership in
1550 a discount plan but purposefully fails to provide the promised
1551 benefits commits a theft, punishable as provided in s. 812.014.
1552 Section 24. For the purpose of incorporating the amendment
1553 made by this act to section 812.014, Florida Statutes, in a
1554 reference thereto, subsection (2) of section 642.038, Florida
1555 Statutes, is reenacted to read:
1556 642.038 Reporting and accounting for funds.—
1557 (2) Any sales representative who, not being entitled
1558 thereto, diverts or appropriates such funds or any portion
1559 thereof to his or her own use commits theft as provided in s.
1560 812.014.
1561 Section 25. For the purpose of incorporating the amendment
1562 made by this act to section 812.014, Florida Statutes, in a
1563 reference thereto, subsection (4) of section 705.102, Florida
1564 Statutes, is reenacted to read:
1565 705.102 Reporting lost or abandoned property.—
1566 (4) Any person who unlawfully appropriates such lost or
1567 abandoned property to his or her own use or refuses to deliver
1568 such property when required commits theft as defined in s.
1569 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
1570 775.084.
1571 Section 26. For the purpose of incorporating the amendment
1572 made by this act to section 812.014, Florida Statutes, in a
1573 reference thereto, paragraph (d) of subsection (1) of section
1574 718.111, Florida Statutes, is reenacted to read:
1575 718.111 The association.—
1576 (1) CORPORATE ENTITY.—
1577 (d) As required by s. 617.0830, an officer, director, or
1578 agent shall discharge his or her duties in good faith, with the
1579 care an ordinarily prudent person in a like position would
1580 exercise under similar circumstances, and in a manner he or she
1581 reasonably believes to be in the interests of the association.
1582 An officer, director, or agent shall be liable for monetary
1583 damages as provided in s. 617.0834 if such officer, director, or
1584 agent breached or failed to perform his or her duties and the
1585 breach of, or failure to perform, his or her duties constitutes
1586 a violation of criminal law as provided in s. 617.0834;
1587 constitutes a transaction from which the officer or director
1588 derived an improper personal benefit, either directly or
1589 indirectly; or constitutes recklessness or an act or omission
1590 that was in bad faith, with malicious purpose, or in a manner
1591 exhibiting wanton and willful disregard of human rights, safety,
1592 or property. Forgery of a ballot envelope or voting certificate
1593 used in a condominium association election is punishable as
1594 provided in s. 831.01, the theft or embezzlement of funds of a
1595 condominium association is punishable as provided in s. 812.014,
1596 and the destruction of or the refusal to allow inspection or
1597 copying of an official record of a condominium association that
1598 is accessible to unit owners within the time periods required by
1599 general law in furtherance of any crime is punishable as
1600 tampering with physical evidence as provided in s. 918.13 or as
1601 obstruction of justice as provided in chapter 843. An officer or
1602 director charged by information or indictment with a crime
1603 referenced in this paragraph must be removed from office, and
1604 the vacancy shall be filled as provided in s. 718.112(2)(d)2.
1605 until the end of the officer’s or director’s period of
1606 suspension or the end of his or her term of office, whichever
1607 occurs first. If a criminal charge is pending against the
1608 officer or director, he or she may not be appointed or elected
1609 to a position as an officer or a director of any association and
1610 may not have access to the official records of any association,
1611 except pursuant to a court order. However, if the charges are
1612 resolved without a finding of guilt, the officer or director
1613 must be reinstated for the remainder of his or her term of
1614 office, if any.
1615 Section 27. For the purpose of incorporating the amendment
1616 made by this act to section 812.014, Florida Statutes, in a
1617 reference thereto, subsection (2) of section 812.015, Florida
1618 Statutes, is reenacted to read:
1619 812.015 Retail and farm theft; transit fare evasion;
1620 mandatory fine; alternative punishment; detention and arrest;
1621 exemption from liability for false arrest; resisting arrest;
1622 penalties.—
1623 (2) Upon a second or subsequent conviction for petit theft
1624 from a merchant, farmer, or transit agency, the offender shall
1625 be punished as provided in s. 812.014(3), except that the court
1626 shall impose a fine of not less than $50 or more than $1,000.
1627 However, in lieu of such fine, the court may require the
1628 offender to perform public services designated by the court. In
1629 no event shall any such offender be required to perform fewer
1630 than the number of hours of public service necessary to satisfy
1631 the fine assessed by the court, as provided by this subsection,
1632 at the minimum wage prevailing in the state at the time of
1633 sentencing.
1634 Section 28. For the purpose of incorporating the amendment
1635 made by this act to section 812.014, Florida Statutes, in
1636 references thereto, subsections (1) and (2) of section 812.0155,
1637 Florida Statutes, are reenacted to read:
1638 812.0155 Suspension of driver license following an
1639 adjudication of guilt for theft.—
1640 (1) Except as provided in subsections (2) and (3), the
1641 court may order the suspension of the driver license of each
1642 person adjudicated guilty of any misdemeanor violation of s.
1643 812.014 or s. 812.015, regardless of the value of the property
1644 stolen. Upon ordering the suspension of the driver license of
1645 the person adjudicated guilty, the court shall forward the
1646 driver license of the person adjudicated guilty to the
1647 Department of Highway Safety and Motor Vehicles in accordance
1648 with s. 322.25.
1649 (a) The first suspension of a driver license under this
1650 subsection shall be for a period of up to 6 months.
1651 (b) A second or subsequent suspension of a driver license
1652 under this subsection shall be for 1 year.
1653 (2) The court may revoke, suspend, or withhold issuance of
1654 a driver license of a person less than 18 years of age who
1655 violates s. 812.014 or s. 812.015 as an alternative to
1656 sentencing the person to:
1657 (a) Probation as defined in s. 985.03 or commitment to the
1658 Department of Juvenile Justice, if the person is adjudicated
1659 delinquent for such violation and has not previously been
1660 convicted of or adjudicated delinquent for any criminal offense,
1661 regardless of whether adjudication was withheld.
1662 (b) Probation as defined in s. 985.03, commitment to the
1663 Department of Juvenile Justice, probation as defined in chapter
1664 948, community control, or incarceration, if the person is
1665 convicted as an adult of such violation and has not previously
1666 been convicted of or adjudicated delinquent for any criminal
1667 offense, regardless of whether adjudication was withheld.
1668 Section 29. For the purpose of incorporating the amendment
1669 made by this act to section 812.014, Florida Statutes, in
1670 references thereto, subsections (4), (7), and (8) of section
1671 812.14, Florida Statutes, are reenacted to read:
1672 812.14 Trespass and larceny with relation to utility
1673 fixtures; theft of utility services.—
1674 (4) A person who willfully violates subsection (2) commits
1675 theft, punishable as provided in s. 812.014.
1676 (7) An owner, lessor, or sublessor who willfully violates
1677 subsection (5) commits a misdemeanor of the first degree,
1678 punishable as provided in s. 775.082 or s. 775.083. Prosecution
1679 for a violation of subsection (5) does not preclude prosecution
1680 for theft pursuant to subsection (8) or s. 812.014.
1681 (8) Theft of utility services for the purpose of
1682 facilitating the manufacture of a controlled substance is theft,
1683 punishable as provided in s. 812.014.
1684 Section 30. For the purpose of incorporating the amendment
1685 made by this act to section 812.014, Florida Statutes, in a
1686 reference thereto, subsection (3) of section 893.138, Florida
1687 Statutes, is reenacted to read:
1688 893.138 Local administrative action to abate drug-related,
1689 prostitution-related, or stolen-property-related public
1690 nuisances and criminal gang activity.—
1691 (3) Any pain-management clinic, as described in s. 458.3265
1692 or s. 459.0137, which has been used on more than two occasions
1693 within a 6-month period as the site of a violation of:
1694 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
1695 relating to assault and battery;
1696 (b) Section 810.02, relating to burglary;
1697 (c) Section 812.014, relating to theft;
1698 (d) Section 812.131, relating to robbery by sudden
1699 snatching; or
1700 (e) Section 893.13, relating to the unlawful distribution
1701 of controlled substances,
1702
1703 may be declared to be a public nuisance, and such nuisance may
1704 be abated pursuant to the procedures provided in this section.
1705 Section 31. For the purpose of incorporating the amendment
1706 made by this act to section 812.014, Florida Statutes, in a
1707 reference thereto, paragraph (a) of subsection (2) of section
1708 932.701, Florida Statutes, is reenacted to read:
1709 932.701 Short title; definitions.—
1710 (2) As used in the Florida Contraband Forfeiture Act:
1711 (a) “Contraband article” means:
1712 1. Any controlled substance as defined in chapter 893 or
1713 any substance, device, paraphernalia, or currency or other means
1714 of exchange that was used, was attempted to be used, or was
1715 intended to be used in violation of any provision of chapter
1716 893, if the totality of the facts presented by the state is
1717 clearly sufficient to meet the state’s burden of establishing
1718 probable cause to believe that a nexus exists between the
1719 article seized and the narcotics activity, whether or not the
1720 use of the contraband article can be traced to a specific
1721 narcotics transaction.
1722 2. Any gambling paraphernalia, lottery tickets, money,
1723 currency, or other means of exchange which was used, was
1724 attempted, or intended to be used in violation of the gambling
1725 laws of the state.
1726 3. Any equipment, liquid or solid, which was being used, is
1727 being used, was attempted to be used, or intended to be used in
1728 violation of the beverage or tobacco laws of the state.
1729 4. Any motor fuel upon which the motor fuel tax has not
1730 been paid as required by law.
1731 5. Any personal property, including, but not limited to,
1732 any vessel, aircraft, item, object, tool, substance, device,
1733 weapon, machine, vehicle of any kind, money, securities, books,
1734 records, research, negotiable instruments, or currency, which
1735 was used or was attempted to be used as an instrumentality in
1736 the commission of, or in aiding or abetting in the commission
1737 of, any felony, whether or not comprising an element of the
1738 felony, or which is acquired by proceeds obtained as a result of
1739 a violation of the Florida Contraband Forfeiture Act.
1740 6. Any real property, including any right, title,
1741 leasehold, or other interest in the whole of any lot or tract of
1742 land, which was used, is being used, or was attempted to be used
1743 as an instrumentality in the commission of, or in aiding or
1744 abetting in the commission of, any felony, or which is acquired
1745 by proceeds obtained as a result of a violation of the Florida
1746 Contraband Forfeiture Act.
1747 7. Any personal property, including, but not limited to,
1748 equipment, money, securities, books, records, research,
1749 negotiable instruments, currency, or any vessel, aircraft, item,
1750 object, tool, substance, device, weapon, machine, or vehicle of
1751 any kind in the possession of or belonging to any person who
1752 takes aquaculture products in violation of s. 812.014(2)(c).
1753 8. Any motor vehicle offered for sale in violation of s.
1754 320.28.
1755 9. Any motor vehicle used during the course of committing
1756 an offense in violation of s. 322.34(9)(a).
1757 10. Any photograph, film, or other recorded image,
1758 including an image recorded on videotape, a compact disc,
1759 digital tape, or fixed disk, that is recorded in violation of s.
1760 810.145 and is possessed for the purpose of amusement,
1761 entertainment, sexual arousal, gratification, or profit, or for
1762 the purpose of degrading or abusing another person.
1763 11. Any real property, including any right, title,
1764 leasehold, or other interest in the whole of any lot or tract of
1765 land, which is acquired by proceeds obtained as a result of
1766 Medicaid fraud under s. 409.920 or s. 409.9201; any personal
1767 property, including, but not limited to, equipment, money,
1768 securities, books, records, research, negotiable instruments, or
1769 currency; or any vessel, aircraft, item, object, tool,
1770 substance, device, weapon, machine, or vehicle of any kind in
1771 the possession of or belonging to any person which is acquired
1772 by proceeds obtained as a result of Medicaid fraud under s.
1773 409.920 or s. 409.9201.
1774 12. Any personal property, including, but not limited to,
1775 any vehicle, item, object, tool, device, weapon, machine, money,
1776 security, book, or record, that is used or attempted to be used
1777 as an instrumentality in the commission of, or in aiding and
1778 abetting in the commission of, a person’s third or subsequent
1779 violation of s. 509.144, whether or not comprising an element of
1780 the offense.
1781 Section 32. For the purpose of incorporating the amendment
1782 made by this act to section 812.014, Florida Statutes, in a
1783 reference thereto, paragraph (b) of subsection (3) of section
1784 943.051, Florida Statutes, is reenacted to read:
1785 943.051 Criminal justice information; collection and
1786 storage; fingerprinting.—
1787 (3)
1788 (b) A minor who is charged with or found to have committed
1789 the following offenses shall be fingerprinted and the
1790 fingerprints shall be submitted electronically to the
1791 department, unless the minor is issued a civil citation pursuant
1792 to s. 985.12:
1793 1. Assault, as defined in s. 784.011.
1794 2. Battery, as defined in s. 784.03.
1795 3. Carrying a concealed weapon, as defined in s. 790.01(1).
1796 4. Unlawful use of destructive devices or bombs, as defined
1797 in s. 790.1615(1).
1798 5. Neglect of a child, as defined in s. 827.03(1)(e).
1799 6. Assault or battery on a law enforcement officer, a
1800 firefighter, or other specified officers, as defined in s.
1801 784.07(2)(a) and (b).
1802 7. Open carrying of a weapon, as defined in s. 790.053.
1803 8. Exposure of sexual organs, as defined in s. 800.03.
1804 9. Unlawful possession of a firearm, as defined in s.
1805 790.22(5).
1806 10. Petit theft, as defined in s. 812.014(3).
1807 11. Cruelty to animals, as defined in s. 828.12(1).
1808 12. Arson, as defined in s. 806.031(1).
1809 13. Unlawful possession or discharge of a weapon or firearm
1810 at a school-sponsored event or on school property, as provided
1811 in s. 790.115.
1812 Section 33. For the purpose of incorporating the amendment
1813 made by this act to section 812.014, Florida Statutes, in a
1814 reference thereto, paragraph (b) of subsection (1) of section
1815 985.11, Florida Statutes, is reenacted to read:
1816 985.11 Fingerprinting and photographing.—
1817 (1)
1818 (b) Unless the child is issued a civil citation or is
1819 participating in a similar diversion program pursuant to s.
1820 985.12, a child who is charged with or found to have committed
1821 one of the following offenses shall be fingerprinted, and the
1822 fingerprints shall be submitted to the Department of Law
1823 Enforcement as provided in s. 943.051(3)(b):
1824 1. Assault, as defined in s. 784.011.
1825 2. Battery, as defined in s. 784.03.
1826 3. Carrying a concealed weapon, as defined in s. 790.01(1).
1827 4. Unlawful use of destructive devices or bombs, as defined
1828 in s. 790.1615(1).
1829 5. Neglect of a child, as defined in s. 827.03(1)(e).
1830 6. Assault on a law enforcement officer, a firefighter, or
1831 other specified officers, as defined in s. 784.07(2)(a).
1832 7. Open carrying of a weapon, as defined in s. 790.053.
1833 8. Exposure of sexual organs, as defined in s. 800.03.
1834 9. Unlawful possession of a firearm, as defined in s.
1835 790.22(5).
1836 10. Petit theft, as defined in s. 812.014.
1837 11. Cruelty to animals, as defined in s. 828.12(1).
1838 12. Arson, resulting in bodily harm to a firefighter, as
1839 defined in s. 806.031(1).
1840 13. Unlawful possession or discharge of a weapon or firearm
1841 at a school-sponsored event or on school property as defined in
1842 s. 790.115.
1843
1844 A law enforcement agency may fingerprint and photograph a child
1845 taken into custody upon probable cause that such child has
1846 committed any other violation of law, as the agency deems
1847 appropriate. Such fingerprint records and photographs shall be
1848 retained by the law enforcement agency in a separate file, and
1849 these records and all copies thereof must be marked “Juvenile
1850 Confidential.” These records are not available for public
1851 disclosure and inspection under s. 119.07(1) except as provided
1852 in ss. 943.053 and 985.04(2), but shall be available to other
1853 law enforcement agencies, criminal justice agencies, state
1854 attorneys, the courts, the child, the parents or legal
1855 custodians of the child, their attorneys, and any other person
1856 authorized by the court to have access to such records. In
1857 addition, such records may be submitted to the Department of Law
1858 Enforcement for inclusion in the state criminal history records
1859 and used by criminal justice agencies for criminal justice
1860 purposes. These records may, in the discretion of the court, be
1861 open to inspection by anyone upon a showing of cause. The
1862 fingerprint and photograph records shall be produced in the
1863 court whenever directed by the court. Any photograph taken
1864 pursuant to this section may be shown by a law enforcement
1865 officer to any victim or witness of a crime for the purpose of
1866 identifying the person who committed such crime.
1867 Section 34. For the purpose of incorporating the amendment
1868 made by this act to section 812.014, Florida Statutes, in
1869 references thereto, paragraph (a) of subsection (1) and
1870 paragraph (c) of subsection (2) of section 985.557, Florida
1871 Statutes, are reenacted to read:
1872 985.557 Direct filing of an information; discretionary and
1873 mandatory criteria.—
1874 (1) DISCRETIONARY DIRECT FILE.—
1875 (a) With respect to any child who was 14 or 15 years of age
1876 at the time the alleged offense was committed, the state
1877 attorney may file an information when in the state attorney’s
1878 judgment and discretion the public interest requires that adult
1879 sanctions be considered or imposed and when the offense charged
1880 is for the commission of, attempt to commit, or conspiracy to
1881 commit:
1882 1. Arson;
1883 2. Sexual battery;
1884 3. Robbery;
1885 4. Kidnapping;
1886 5. Aggravated child abuse;
1887 6. Aggravated assault;
1888 7. Aggravated stalking;
1889 8. Murder;
1890 9. Manslaughter;
1891 10. Unlawful throwing, placing, or discharging of a
1892 destructive device or bomb;
1893 11. Armed burglary in violation of s. 810.02(2)(b) or
1894 specified burglary of a dwelling or structure in violation of s.
1895 810.02(2)(c), or burglary with an assault or battery in
1896 violation of s. 810.02(2)(a);
1897 12. Aggravated battery;
1898 13. Any lewd or lascivious offense committed upon or in the
1899 presence of a person less than 16 years of age;
1900 14. Carrying, displaying, using, threatening, or attempting
1901 to use a weapon or firearm during the commission of a felony;
1902 15. Grand theft in violation of s. 812.014(2)(a);
1903 16. Possessing or discharging any weapon or firearm on
1904 school property in violation of s. 790.115;
1905 17. Home invasion robbery;
1906 18. Carjacking; or
1907 19. Grand theft of a motor vehicle in violation of s.
1908 812.014(2)(c)6. or grand theft of a motor vehicle valued at
1909 $20,000 or more in violation of s. 812.014(2)(b) if the child
1910 has a previous adjudication for grand theft of a motor vehicle
1911 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
1912 (2) MANDATORY DIRECT FILE.—
1913 (c) The state attorney must file an information if a child,
1914 regardless of the child’s age at the time the alleged offense
1915 was committed, is alleged to have committed an act that would be
1916 a violation of law if the child were an adult, that involves
1917 stealing a motor vehicle, including, but not limited to, a
1918 violation of s. 812.133, relating to carjacking, or s.
1919 812.014(2)(c)6., relating to grand theft of a motor vehicle, and
1920 while the child was in possession of the stolen motor vehicle
1921 the child caused serious bodily injury to or the death of a
1922 person who was not involved in the underlying offense. For
1923 purposes of this section, the driver and all willing passengers
1924 in the stolen motor vehicle at the time such serious bodily
1925 injury or death is inflicted shall also be subject to mandatory
1926 transfer to adult court. “Stolen motor vehicle,” for the
1927 purposes of this section, means a motor vehicle that has been
1928 the subject of any criminal wrongful taking. For purposes of
1929 this section, “willing passengers” means all willing passengers
1930 who have participated in the underlying offense.
1931 Section 35. For the purpose of incorporating the amendment
1932 made by this act to section 812.015, Florida Statutes, in a
1933 reference thereto, subsection (5) of section 538.09, Florida
1934 Statutes, is reenacted to read:
1935 538.09 Registration.—
1936 (5) In addition to the fine provided in subsection (4),
1937 registration under this section may be denied or any
1938 registration granted may be revoked, restricted, or suspended by
1939 the department if the department determines that the applicant
1940 or registrant:
1941 (a) Has violated any provision of this chapter or any rule
1942 or order made pursuant to this chapter;
1943 (b) Has made a material false statement in the application
1944 for registration;
1945 (c) Has been guilty of a fraudulent act in connection with
1946 any purchase or sale or has been or is engaged in or is about to
1947 engage in any practice, purchase, or sale which is fraudulent or
1948 in violation of the law;
1949 (d) Has made a misrepresentation or false statement to, or
1950 concealed any essential or material fact from, any person in
1951 making any purchase or sale;
1952 (e) Is making purchases or sales through any business
1953 associate not registered in compliance with the provisions of
1954 this chapter;
1955 (f) Has, within the preceding 10-year period for new
1956 registrants who apply for registration on or after October 1,
1957 2006, been convicted of, or has entered a plea of guilty or nolo
1958 contendere to, or had adjudication withheld for, a crime against
1959 the laws of this state or any other state or of the United
1960 States which relates to registration as a secondhand dealer or
1961 which involves theft, larceny, dealing in stolen property,
1962 receiving stolen property, burglary, embezzlement, obtaining
1963 property by false pretenses, possession of altered property, any
1964 felony drug offense, any violation of s. 812.015, or any
1965 fraudulent dealing;
1966 (g) Has had a final judgment entered against her or him in
1967 a civil action upon grounds of fraud, embezzlement,
1968 misrepresentation, or deceit; or
1969 (h) Has failed to pay any sales tax owed to the Department
1970 of Revenue.
1971
1972 In the event the department determines to deny an application or
1973 revoke a registration, it shall enter a final order with its
1974 findings on the register of secondhand dealers and their
1975 business associates, if any; and denial, suspension, or
1976 revocation of the registration of a secondhand dealer shall also
1977 deny, suspend, or revoke the registration of such secondhand
1978 dealer’s business associates.
1979 Section 36. For the purpose of incorporating the amendments
1980 made by this act to sections 812.014 and 812.015, Florida
1981 Statutes, in references thereto, subsection (2) of section
1982 538.23, Florida Statutes, is reenacted to read:
1983 538.23 Violations and penalties.—
1984 (2) A secondary metals recycler is presumed to know upon
1985 receipt of stolen regulated metals property in a purchase
1986 transaction that the regulated metals property has been stolen
1987 from another if the secondary metals recycler knowingly and
1988 intentionally fails to maintain the information required in s.
1989 538.19 and shall, upon conviction of a violation of s. 812.015,
1990 be punished as provided in s. 812.014(2) or (3).
1991 Section 37. For the purpose of incorporating the amendments
1992 made by this act to sections 812.014 and 812.015, Florida
1993 Statutes, in references thereto, subsection (2) of section
1994 812.0155, Florida Statutes, is reenacted to read:
1995 812.0155 Suspension of driver license following an
1996 adjudication of guilt for theft.—
1997 (2) The court may revoke, suspend, or withhold issuance of
1998 a driver license of a person less than 18 years of age who
1999 violates s. 812.014 or s. 812.015 as an alternative to
2000 sentencing the person to:
2001 (a) Probation as defined in s. 985.03 or commitment to the
2002 Department of Juvenile Justice, if the person is adjudicated
2003 delinquent for such violation and has not previously been
2004 convicted of or adjudicated delinquent for any criminal offense,
2005 regardless of whether adjudication was withheld.
2006 (b) Probation as defined in s. 985.03, commitment to the
2007 Department of Juvenile Justice, probation as defined in chapter
2008 948, community control, or incarceration, if the person is
2009 convicted as an adult of such violation and has not previously
2010 been convicted of or adjudicated delinquent for any criminal
2011 offense, regardless of whether adjudication was withheld.
2012 Section 38. For the purpose of incorporating the amendment
2013 made by this act to section 893.135, Florida Statutes, in a
2014 reference thereto, subsection (6) of section 397.4073, Florida
2015 Statutes, is reenacted to read:
2016 397.4073 Background checks of service provider personnel.—
2017 (6) DISQUALIFICATION FROM RECEIVING STATE FUNDS.—State
2018 funds may not be disseminated to any service provider owned or
2019 operated by an owner, director, or chief financial officer who
2020 has been convicted of, has entered a plea of guilty or nolo
2021 contendere to, or has had adjudication withheld for, a violation
2022 of s. 893.135 pertaining to trafficking in controlled
2023 substances, or a violation of the law of another state, the
2024 District of Columbia, the United States or any possession or
2025 territory thereof, or any foreign jurisdiction which is
2026 substantially similar in elements and penalties to a trafficking
2027 offense in this state, unless the owner’s or director’s civil
2028 rights have been restored.
2029 Section 39. For the purpose of incorporating the amendment
2030 made by this act to section 893.135, Florida Statutes, in a
2031 reference thereto, subsection (1) of section 414.095, Florida
2032 Statutes, is reenacted to read:
2033 414.095 Determining eligibility for temporary cash
2034 assistance.—
2035 (1) ELIGIBILITY.—An applicant must meet eligibility
2036 requirements of this section before receiving services or
2037 temporary cash assistance under this chapter, except that an
2038 applicant shall be required to register for work and engage in
2039 work activities in accordance with s. 445.024, as designated by
2040 the local workforce development board, and may receive support
2041 services or child care assistance in conjunction with such
2042 requirement. The department shall make a determination of
2043 eligibility based on the criteria listed in this chapter. The
2044 department shall monitor continued eligibility for temporary
2045 cash assistance through periodic reviews consistent with the
2046 food assistance eligibility process. Benefits may not be denied
2047 to an individual solely based on a felony drug conviction,
2048 unless the conviction is for trafficking pursuant to s. 893.135.
2049 To be eligible under this section, an individual convicted of a
2050 drug felony must be satisfactorily meeting the requirements of
2051 the temporary cash assistance program, including all substance
2052 abuse treatment requirements. Within the limits specified in
2053 this chapter, the state opts out of the provision of Pub. L. No.
2054 104-193, s. 115, that eliminates eligibility for temporary cash
2055 assistance and food assistance for any individual convicted of a
2056 controlled substance felony.
2057 Section 40. For the purpose of incorporating the amendment
2058 made by this act to section 893.135, Florida Statutes, in a
2059 reference thereto, subsection (2) of section 772.12, Florida
2060 Statutes, is reenacted to read:
2061 772.12 Drug Dealer Liability Act.—
2062 (2) A person, including any governmental entity, has a
2063 cause of action for threefold the actual damages sustained and
2064 is entitled to minimum damages in the amount of $1,000 and
2065 reasonable attorney’s fees and court costs in the trial and
2066 appellate courts, if the person proves by the greater weight of
2067 the evidence that:
2068 (a) The person was injured because of the defendant’s
2069 actions that resulted in the defendant’s conviction for:
2070 1. A violation of s. 893.13, except for a violation of s.
2071 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
2072 2. A violation of s. 893.135; and
2073 (b) The person was not injured by reason of his or her
2074 participation in the same act or transaction that resulted in
2075 the defendant’s conviction for any offense described in
2076 subparagraph (a)1.
2077 Section 41. For the purpose of incorporating the amendment
2078 made by this act to section 893.135, Florida Statutes, in
2079 references thereto, paragraph (a) of subsection (2) and
2080 paragraph (a) of subsection (3) of section 775.087, Florida
2081 Statutes, are reenacted to read:
2082 775.087 Possession or use of weapon; aggravated battery;
2083 felony reclassification; minimum sentence.—
2084 (2)(a)1. Any person who is convicted of a felony or an
2085 attempt to commit a felony, regardless of whether the use of a
2086 weapon is an element of the felony, and the conviction was for:
2087 a. Murder;
2088 b. Sexual battery;
2089 c. Robbery;
2090 d. Burglary;
2091 e. Arson;
2092 f. Aggravated battery;
2093 g. Kidnapping;
2094 h. Escape;
2095 i. Aircraft piracy;
2096 j. Aggravated child abuse;
2097 k. Aggravated abuse of an elderly person or disabled adult;
2098 l. Unlawful throwing, placing, or discharging of a
2099 destructive device or bomb;
2100 m. Carjacking;
2101 n. Home-invasion robbery;
2102 o. Aggravated stalking;
2103 p. Trafficking in cannabis, trafficking in cocaine, capital
2104 importation of cocaine, trafficking in illegal drugs, capital
2105 importation of illegal drugs, trafficking in phencyclidine,
2106 capital importation of phencyclidine, trafficking in
2107 methaqualone, capital importation of methaqualone, trafficking
2108 in amphetamine, capital importation of amphetamine, trafficking
2109 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
2110 (GHB), trafficking in 1,4-Butanediol, trafficking in
2111 Phenethylamines, or other violation of s. 893.135(1); or
2112 q. Possession of a firearm by a felon
2113
2114 and during the commission of the offense, such person actually
2115 possessed a “firearm” or “destructive device” as those terms are
2116 defined in s. 790.001, shall be sentenced to a minimum term of
2117 imprisonment of 10 years, except that a person who is convicted
2118 for possession of a firearm by a felon or burglary of a
2119 conveyance shall be sentenced to a minimum term of imprisonment
2120 of 3 years if such person possessed a “firearm” or “destructive
2121 device” during the commission of the offense. However, if an
2122 offender who is convicted of the offense of possession of a
2123 firearm by a felon has a previous conviction of committing or
2124 attempting to commit a felony listed in s. 775.084(1)(b)1. and
2125 actually possessed a firearm or destructive device during the
2126 commission of the prior felony, the offender shall be sentenced
2127 to a minimum term of imprisonment of 10 years.
2128 2. Any person who is convicted of a felony or an attempt to
2129 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
2130 regardless of whether the use of a weapon is an element of the
2131 felony, and during the course of the commission of the felony
2132 such person discharged a “firearm” or “destructive device” as
2133 defined in s. 790.001 shall be sentenced to a minimum term of
2134 imprisonment of 20 years.
2135 3. Any person who is convicted of a felony or an attempt to
2136 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
2137 regardless of whether the use of a weapon is an element of the
2138 felony, and during the course of the commission of the felony
2139 such person discharged a “firearm” or “destructive device” as
2140 defined in s. 790.001 and, as the result of the discharge, death
2141 or great bodily harm was inflicted upon any person, the
2142 convicted person shall be sentenced to a minimum term of
2143 imprisonment of not less than 25 years and not more than a term
2144 of imprisonment of life in prison.
2145 (3)(a)1. Any person who is convicted of a felony or an
2146 attempt to commit a felony, regardless of whether the use of a
2147 firearm is an element of the felony, and the conviction was for:
2148 a. Murder;
2149 b. Sexual battery;
2150 c. Robbery;
2151 d. Burglary;
2152 e. Arson;
2153 f. Aggravated battery;
2154 g. Kidnapping;
2155 h. Escape;
2156 i. Sale, manufacture, delivery, or intent to sell,
2157 manufacture, or deliver any controlled substance;
2158 j. Aircraft piracy;
2159 k. Aggravated child abuse;
2160 l. Aggravated abuse of an elderly person or disabled adult;
2161 m. Unlawful throwing, placing, or discharging of a
2162 destructive device or bomb;
2163 n. Carjacking;
2164 o. Home-invasion robbery;
2165 p. Aggravated stalking; or
2166 q. Trafficking in cannabis, trafficking in cocaine, capital
2167 importation of cocaine, trafficking in illegal drugs, capital
2168 importation of illegal drugs, trafficking in phencyclidine,
2169 capital importation of phencyclidine, trafficking in
2170 methaqualone, capital importation of methaqualone, trafficking
2171 in amphetamine, capital importation of amphetamine, trafficking
2172 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
2173 (GHB), trafficking in 1,4-Butanediol, trafficking in
2174 Phenethylamines, or other violation of s. 893.135(1);
2175
2176 and during the commission of the offense, such person possessed
2177 a semiautomatic firearm and its high-capacity detachable box
2178 magazine or a machine gun as defined in s. 790.001, shall be
2179 sentenced to a minimum term of imprisonment of 15 years.
2180 2. Any person who is convicted of a felony or an attempt to
2181 commit a felony listed in subparagraph (a)1., regardless of
2182 whether the use of a weapon is an element of the felony, and
2183 during the course of the commission of the felony such person
2184 discharged a semiautomatic firearm and its high-capacity box
2185 magazine or a “machine gun” as defined in s. 790.001 shall be
2186 sentenced to a minimum term of imprisonment of 20 years.
2187 3. Any person who is convicted of a felony or an attempt to
2188 commit a felony listed in subparagraph (a)1., regardless of
2189 whether the use of a weapon is an element of the felony, and
2190 during the course of the commission of the felony such person
2191 discharged a semiautomatic firearm and its high-capacity box
2192 magazine or a “machine gun” as defined in s. 790.001 and, as the
2193 result of the discharge, death or great bodily harm was
2194 inflicted upon any person, the convicted person shall be
2195 sentenced to a minimum term of imprisonment of not less than 25
2196 years and not more than a term of imprisonment of life in
2197 prison.
2198 Section 42. For the purpose of incorporating the amendment
2199 made by this act to section 893.135, Florida Statutes, in
2200 references thereto, paragraph (a) of subsection (1) and
2201 subsections (3) and (4) of section 782.04, Florida Statutes, are
2202 reenacted to read:
2203 782.04 Murder.—
2204 (1)(a) The unlawful killing of a human being:
2205 1. When perpetrated from a premeditated design to effect
2206 the death of the person killed or any human being;
2207 2. When committed by a person engaged in the perpetration
2208 of, or in the attempt to perpetrate, any:
2209 a. Trafficking offense prohibited by s. 893.135(1),
2210 b. Arson,
2211 c. Sexual battery,
2212 d. Robbery,
2213 e. Burglary,
2214 f. Kidnapping,
2215 g. Escape,
2216 h. Aggravated child abuse,
2217 i. Aggravated abuse of an elderly person or disabled adult,
2218 j. Aircraft piracy,
2219 k. Unlawful throwing, placing, or discharging of a
2220 destructive device or bomb,
2221 l. Carjacking,
2222 m. Home-invasion robbery,
2223 n. Aggravated stalking,
2224 o. Murder of another human being,
2225 p. Resisting an officer with violence to his or her person,
2226 q. Aggravated fleeing or eluding with serious bodily injury
2227 or death,
2228 r. Felony that is an act of terrorism or is in furtherance
2229 of an act of terrorism, including a felony under s. 775.30, s.
2230 775.32, s. 775.33, s. 775.34, or s. 775.35, or
2231 s. Human trafficking; or
2232 3. Which resulted from the unlawful distribution by a
2233 person 18 years of age or older of any of the following
2234 substances, or mixture containing any of the following
2235 substances, when such substance or mixture is proven to be the
2236 proximate cause of the death of the user:
2237 a. A substance controlled under s. 893.03(1);
2238 b. Cocaine, as described in s. 893.03(2)(a)4.;
2239 c. Opium or any synthetic or natural salt, compound,
2240 derivative, or preparation of opium;
2241 d. Methadone;
2242 e. Alfentanil, as described in s. 893.03(2)(b)1.;
2243 f. Carfentanil, as described in s. 893.03(2)(b)6.;
2244 g. Fentanyl, as described in s. 893.03(2)(b)9.;
2245 h. Sufentanil, as described in s. 893.03(2)(b)30.; or
2246 i. A controlled substance analog, as described in s.
2247 893.0356, of any substance specified in sub-subparagraphs a.-h.,
2248
2249 is murder in the first degree and constitutes a capital felony,
2250 punishable as provided in s. 775.082.
2251 (3) When a human being is killed during the perpetration
2252 of, or during the attempt to perpetrate, any:
2253 (a) Trafficking offense prohibited by s. 893.135(1),
2254 (b) Arson,
2255 (c) Sexual battery,
2256 (d) Robbery,
2257 (e) Burglary,
2258 (f) Kidnapping,
2259 (g) Escape,
2260 (h) Aggravated child abuse,
2261 (i) Aggravated abuse of an elderly person or disabled
2262 adult,
2263 (j) Aircraft piracy,
2264 (k) Unlawful throwing, placing, or discharging of a
2265 destructive device or bomb,
2266 (l) Carjacking,
2267 (m) Home-invasion robbery,
2268 (n) Aggravated stalking,
2269 (o) Murder of another human being,
2270 (p) Aggravated fleeing or eluding with serious bodily
2271 injury or death,
2272 (q) Resisting an officer with violence to his or her
2273 person, or
2274 (r) Felony that is an act of terrorism or is in furtherance
2275 of an act of terrorism, including a felony under s. 775.30, s.
2276 775.32, s. 775.33, s. 775.34, or s. 775.35,
2277
2278 by a person other than the person engaged in the perpetration of
2279 or in the attempt to perpetrate such felony, the person
2280 perpetrating or attempting to perpetrate such felony commits
2281 murder in the second degree, which constitutes a felony of the
2282 first degree, punishable by imprisonment for a term of years not
2283 exceeding life or as provided in s. 775.082, s. 775.083, or s.
2284 775.084.
2285 (4) The unlawful killing of a human being, when perpetrated
2286 without any design to effect death, by a person engaged in the
2287 perpetration of, or in the attempt to perpetrate, any felony
2288 other than any:
2289 (a) Trafficking offense prohibited by s. 893.135(1),
2290 (b) Arson,
2291 (c) Sexual battery,
2292 (d) Robbery,
2293 (e) Burglary,
2294 (f) Kidnapping,
2295 (g) Escape,
2296 (h) Aggravated child abuse,
2297 (i) Aggravated abuse of an elderly person or disabled
2298 adult,
2299 (j) Aircraft piracy,
2300 (k) Unlawful throwing, placing, or discharging of a
2301 destructive device or bomb,
2302 (l) Unlawful distribution of any substance controlled under
2303 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
2304 opium or any synthetic or natural salt, compound, derivative, or
2305 preparation of opium by a person 18 years of age or older, when
2306 such drug is proven to be the proximate cause of the death of
2307 the user,
2308 (m) Carjacking,
2309 (n) Home-invasion robbery,
2310 (o) Aggravated stalking,
2311 (p) Murder of another human being,
2312 (q) Aggravated fleeing or eluding with serious bodily
2313 injury or death,
2314 (r) Resisting an officer with violence to his or her
2315 person, or
2316 (s) Felony that is an act of terrorism or is in furtherance
2317 of an act of terrorism, including a felony under s. 775.30, s.
2318 775.32, s. 775.33, s. 775.34, or s. 775.35,
2319
2320 is murder in the third degree and constitutes a felony of the
2321 second degree, punishable as provided in s. 775.082, s. 775.083,
2322 or s. 775.084.
2323 Section 43. For the purpose of incorporating the amendment
2324 made by this act to section 893.135, Florida Statutes, in a
2325 reference thereto, subsection (3) of section 810.02, Florida
2326 Statutes, is reenacted to read:
2327 810.02 Burglary.—
2328 (3) Burglary is a felony of the second degree, punishable
2329 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
2330 course of committing the offense, the offender does not make an
2331 assault or battery and is not and does not become armed with a
2332 dangerous weapon or explosive, and the offender enters or
2333 remains in a:
2334 (a) Dwelling, and there is another person in the dwelling
2335 at the time the offender enters or remains;
2336 (b) Dwelling, and there is not another person in the
2337 dwelling at the time the offender enters or remains;
2338 (c) Structure, and there is another person in the structure
2339 at the time the offender enters or remains;
2340 (d) Conveyance, and there is another person in the
2341 conveyance at the time the offender enters or remains;
2342 (e) Authorized emergency vehicle, as defined in s. 316.003;
2343 or
2344 (f) Structure or conveyance when the offense intended to be
2345 committed therein is theft of a controlled substance as defined
2346 in s. 893.02. Notwithstanding any other law, separate judgments
2347 and sentences for burglary with the intent to commit theft of a
2348 controlled substance under this paragraph and for any applicable
2349 possession of controlled substance offense under s. 893.13 or
2350 trafficking in controlled substance offense under s. 893.135 may
2351 be imposed when all such offenses involve the same amount or
2352 amounts of a controlled substance.
2353
2354 However, if the burglary is committed within a county that is
2355 subject to a state of emergency declared by the Governor under
2356 chapter 252 after the declaration of emergency is made and the
2357 perpetration of the burglary is facilitated by conditions
2358 arising from the emergency, the burglary is a felony of the
2359 first degree, punishable as provided in s. 775.082, s. 775.083,
2360 or s. 775.084. As used in this subsection, the term “conditions
2361 arising from the emergency” means civil unrest, power outages,
2362 curfews, voluntary or mandatory evacuations, or a reduction in
2363 the presence of or response time for first responders or
2364 homeland security personnel. A person arrested for committing a
2365 burglary within a county that is subject to such a state of
2366 emergency may not be released until the person appears before a
2367 committing magistrate at a first appearance hearing. For
2368 purposes of sentencing under chapter 921, a felony offense that
2369 is reclassified under this subsection is ranked one level above
2370 the ranking under s. 921.0022 or s. 921.0023 of the offense
2371 committed.
2372 Section 44. For the purpose of incorporating the amendment
2373 made by this act to section 893.135, Florida Statutes, in a
2374 reference thereto, paragraph (c) of subsection (2) of section
2375 812.014, Florida Statutes, is reenacted to read:
2376 812.014 Theft.—
2377 (2)
2378 (c) It is grand theft of the third degree and a felony of
2379 the third degree, punishable as provided in s. 775.082, s.
2380 775.083, or s. 775.084, if the property stolen is:
2381 1. Valued at $300 or more, but less than $5,000.
2382 2. Valued at $5,000 or more, but less than $10,000.
2383 3. Valued at $10,000 or more, but less than $20,000.
2384 4. A will, codicil, or other testamentary instrument.
2385 5. A firearm.
2386 6. A motor vehicle, except as provided in paragraph (a).
2387 7. Any commercially farmed animal, including any animal of
2388 the equine, avian, bovine, or swine class or other grazing
2389 animal; a bee colony of a registered beekeeper; and aquaculture
2390 species raised at a certified aquaculture facility. If the
2391 property stolen is a commercially farmed animal, including an
2392 animal of the equine, avian, bovine, or swine class or other
2393 grazing animal; a bee colony of a registered beekeeper; or an
2394 aquaculture species raised at a certified aquaculture facility,
2395 a $10,000 fine shall be imposed.
2396 8. Any fire extinguisher.
2397 9. Any amount of citrus fruit consisting of 2,000 or more
2398 individual pieces of fruit.
2399 10. Taken from a designated construction site identified by
2400 the posting of a sign as provided for in s. 810.09(2)(d).
2401 11. Any stop sign.
2402 12. Anhydrous ammonia.
2403 13. Any amount of a controlled substance as defined in s.
2404 893.02. Notwithstanding any other law, separate judgments and
2405 sentences for theft of a controlled substance under this
2406 subparagraph and for any applicable possession of controlled
2407 substance offense under s. 893.13 or trafficking in controlled
2408 substance offense under s. 893.135 may be imposed when all such
2409 offenses involve the same amount or amounts of a controlled
2410 substance.
2411
2412 However, if the property is stolen within a county that is
2413 subject to a state of emergency declared by the Governor under
2414 chapter 252, the property is stolen after the declaration of
2415 emergency is made, and the perpetration of the theft is
2416 facilitated by conditions arising from the emergency, the
2417 offender commits a felony of the second degree, punishable as
2418 provided in s. 775.082, s. 775.083, or s. 775.084, if the
2419 property is valued at $5,000 or more, but less than $10,000, as
2420 provided under subparagraph 2., or if the property is valued at
2421 $10,000 or more, but less than $20,000, as provided under
2422 subparagraph 3. As used in this paragraph, the term “conditions
2423 arising from the emergency” means civil unrest, power outages,
2424 curfews, voluntary or mandatory evacuations, or a reduction in
2425 the presence of or the response time for first responders or
2426 homeland security personnel. For purposes of sentencing under
2427 chapter 921, a felony offense that is reclassified under this
2428 paragraph is ranked one level above the ranking under s.
2429 921.0022 or s. 921.0023 of the offense committed.
2430 Section 45. For the purpose of incorporating the amendment
2431 made by this act to section 893.135, Florida Statutes, in a
2432 reference thereto, paragraph (d) of subsection (8) of section
2433 893.13, Florida Statutes, is reenacted to read:
2434 893.13 Prohibited acts; penalties.—
2435 (8)
2436 (d) Notwithstanding paragraph (c), if a prescribing
2437 practitioner has violated paragraph (a) and received $1,000 or
2438 more in payment for writing one or more prescriptions or, in the
2439 case of a prescription written for a controlled substance
2440 described in s. 893.135, has written one or more prescriptions
2441 for a quantity of a controlled substance which, individually or
2442 in the aggregate, meets the threshold for the offense of
2443 trafficking in a controlled substance under s. 893.135, the
2444 violation is reclassified as a felony of the second degree and
2445 ranked in level 4 of the Criminal Punishment Code.
2446 Section 46. For the purpose of incorporating the amendment
2447 made by this act to section 893.135, Florida Statutes, in
2448 references thereto, subsections (1) and (2) of section 893.1351,
2449 Florida Statutes, are reenacted to read:
2450 893.1351 Ownership, lease, rental, or possession for
2451 trafficking in or manufacturing a controlled substance.—
2452 (1) A person may not own, lease, or rent any place,
2453 structure, or part thereof, trailer, or other conveyance with
2454 the knowledge that the place, structure, trailer, or conveyance
2455 will be used for the purpose of trafficking in a controlled
2456 substance, as provided in s. 893.135; for the sale of a
2457 controlled substance, as provided in s. 893.13; or for the
2458 manufacture of a controlled substance intended for sale or
2459 distribution to another. A person who violates this subsection
2460 commits a felony of the third degree, punishable as provided in
2461 s. 775.082, s. 775.083, or s. 775.084.
2462 (2) A person may not knowingly be in actual or constructive
2463 possession of any place, structure, or part thereof, trailer, or
2464 other conveyance with the knowledge that the place, structure,
2465 or part thereof, trailer, or conveyance will be used for the
2466 purpose of trafficking in a controlled substance, as provided in
2467 s. 893.135; for the sale of a controlled substance, as provided
2468 in s. 893.13; or for the manufacture of a controlled substance
2469 intended for sale or distribution to another. A person who
2470 violates this subsection commits a felony of the second degree,
2471 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2472 Section 47. For the purpose of incorporating the amendment
2473 made by this act to section 893.135, Florida Statutes, in a
2474 reference thereto, paragraph (e) of subsection (3) of section
2475 900.05, Florida Statutes, is reenacted to read:
2476 900.05 Criminal justice data collection.—
2477 (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
2478 2019, an entity required to collect data in accordance with this
2479 subsection shall collect the specified data required of the
2480 entity on a biweekly basis. Each entity shall report the data
2481 collected in accordance with this subsection to the Department
2482 of Law Enforcement on a monthly basis.
2483 (e) Department of Corrections.—The Department of
2484 Corrections shall collect the following data:
2485 1. Information related to each inmate, including:
2486 a. Identifying information, including name, date of birth,
2487 race or ethnicity, and identification number assigned by the
2488 department.
2489 b. Number of children.
2490 c. Education level, including any vocational training.
2491 d. Date the inmate was admitted to the custody of the
2492 department.
2493 e. Current institution placement and the security level
2494 assigned to the institution.
2495 f. Custody level assignment.
2496 g. Qualification for a flag designation as defined in this
2497 section, including sexual offender flag, habitual offender flag,
2498 gang affiliation flag, or concurrent or consecutive sentence
2499 flag.
2500 h. County that committed the prisoner to the custody of the
2501 department.
2502 i. Whether the reason for admission to the department is
2503 for a new conviction or a violation of probation, community
2504 control, or parole. For an admission for a probation, community
2505 control, or parole violation, the department shall report
2506 whether the violation was technical or based on a new violation
2507 of law.
2508 j. Specific statutory citation for which the inmate was
2509 committed to the department, including, for an inmate convicted
2510 of drug trafficking under s. 893.135, the statutory citation for
2511 each specific drug trafficked.
2512 k. Length of sentence or concurrent or consecutive
2513 sentences served.
2514 l. Tentative release date.
2515 m. Gain time earned in accordance with s. 944.275.
2516 n. Prior incarceration within the state.
2517 o. Disciplinary violation and action.
2518 p. Participation in rehabilitative or educational programs
2519 while in the custody of the department.
2520 2. Information about each state correctional institution or
2521 facility, including:
2522 a. Budget for each state correctional institution or
2523 facility.
2524 b. Daily prison population of all inmates incarcerated in a
2525 state correctional institution or facility.
2526 c. Daily number of correctional officers for each state
2527 correctional institution or facility.
2528 3. Information related to persons supervised by the
2529 department on probation or community control, including:
2530 a. Identifying information for each person supervised by
2531 the department on probation or community control, including his
2532 or her name, date of birth, race or ethnicity, sex, and
2533 department-assigned case number.
2534 b. Length of probation or community control sentence
2535 imposed and amount of time that has been served on such
2536 sentence.
2537 c. Projected termination date for probation or community
2538 control.
2539 d. Revocation of probation or community control due to a
2540 violation, including whether the revocation is due to a
2541 technical violation of the conditions of supervision or from the
2542 commission of a new law violation.
2543 4. Per diem rates for:
2544 a. Prison bed.
2545 b. Probation.
2546 c. Community control.
2547
2548 This information only needs to be reported once annually at the
2549 time the most recent per diem rate is published.
2550 Section 48. For the purpose of incorporating the amendment
2551 made by this act to section 893.135, Florida Statutes, in a
2552 reference thereto, section 903.133, Florida Statutes, is
2553 reenacted to read:
2554 903.133 Bail on appeal; prohibited for certain felony
2555 convictions.—Notwithstanding the provisions of s. 903.132, no
2556 person adjudged guilty of a felony of the first degree for a
2557 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
2558 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
2559 violation of s. 794.011(2) or (3), shall be admitted to bail
2560 pending review either by posttrial motion or appeal.
2561 Section 49. For the purpose of incorporating the amendment
2562 made by this act to section 893.135, Florida Statutes, in a
2563 reference thereto, paragraph (c) of subsection (4) of section
2564 907.041, Florida Statutes, is reenacted to read:
2565 907.041 Pretrial detention and release.—
2566 (4) PRETRIAL DETENTION.—
2567 (c) The court may order pretrial detention if it finds a
2568 substantial probability, based on a defendant’s past and present
2569 patterns of behavior, the criteria in s. 903.046, and any other
2570 relevant facts, that any of the following circumstances exist:
2571 1. The defendant has previously violated conditions of
2572 release and that no further conditions of release are reasonably
2573 likely to assure the defendant’s appearance at subsequent
2574 proceedings;
2575 2. The defendant, with the intent to obstruct the judicial
2576 process, has threatened, intimidated, or injured any victim,
2577 potential witness, juror, or judicial officer, or has attempted
2578 or conspired to do so, and that no condition of release will
2579 reasonably prevent the obstruction of the judicial process;
2580 3. The defendant is charged with trafficking in controlled
2581 substances as defined by s. 893.135, that there is a substantial
2582 probability that the defendant has committed the offense, and
2583 that no conditions of release will reasonably assure the
2584 defendant’s appearance at subsequent criminal proceedings;
2585 4. The defendant is charged with DUI manslaughter, as
2586 defined by s. 316.193, and that there is a substantial
2587 probability that the defendant committed the crime and that the
2588 defendant poses a threat of harm to the community; conditions
2589 that would support a finding by the court pursuant to this
2590 subparagraph that the defendant poses a threat of harm to the
2591 community include, but are not limited to, any of the following:
2592 a. The defendant has previously been convicted of any crime
2593 under s. 316.193, or of any crime in any other state or
2594 territory of the United States that is substantially similar to
2595 any crime under s. 316.193;
2596 b. The defendant was driving with a suspended driver
2597 license when the charged crime was committed; or
2598 c. The defendant has previously been found guilty of, or
2599 has had adjudication of guilt withheld for, driving while the
2600 defendant’s driver license was suspended or revoked in violation
2601 of s. 322.34;
2602 5. The defendant poses the threat of harm to the community.
2603 The court may so conclude, if it finds that the defendant is
2604 presently charged with a dangerous crime, that there is a
2605 substantial probability that the defendant committed such crime,
2606 that the factual circumstances of the crime indicate a disregard
2607 for the safety of the community, and that there are no
2608 conditions of release reasonably sufficient to protect the
2609 community from the risk of physical harm to persons;
2610 6. The defendant was on probation, parole, or other release
2611 pending completion of sentence or on pretrial release for a
2612 dangerous crime at the time the current offense was committed;
2613 7. The defendant has violated one or more conditions of
2614 pretrial release or bond for the offense currently before the
2615 court and the violation, in the discretion of the court,
2616 supports a finding that no conditions of release can reasonably
2617 protect the community from risk of physical harm to persons or
2618 assure the presence of the accused at trial; or
2619 8.a. The defendant has ever been sentenced pursuant to s.
2620 775.082(9) or s. 775.084 as a prison releasee reoffender,
2621 habitual violent felony offender, three-time violent felony
2622 offender, or violent career criminal, or the state attorney
2623 files a notice seeking that the defendant be sentenced pursuant
2624 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
2625 habitual violent felony offender, three-time violent felony
2626 offender, or violent career criminal;
2627 b. There is a substantial probability that the defendant
2628 committed the offense; and
2629 c. There are no conditions of release that can reasonably
2630 protect the community from risk of physical harm or ensure the
2631 presence of the accused at trial.
2632 Section 50. For the purpose of incorporating the amendment
2633 made by this act to section 893.135, Florida Statutes, in a
2634 reference thereto, paragraph (b) of subsection (1) of section
2635 921.0024, Florida Statutes, is reenacted to read:
2636 921.0024 Criminal Punishment Code; worksheet computations;
2637 scoresheets.—
2638 (1)
2639 (b) WORKSHEET KEY:
2640
2641 Legal status points are assessed when any form of legal status
2642 existed at the time the offender committed an offense before the
2643 court for sentencing. Four (4) sentence points are assessed for
2644 an offender’s legal status.
2645
2646 Community sanction violation points are assessed when a
2647 community sanction violation is before the court for sentencing.
2648 Six (6) sentence points are assessed for each community sanction
2649 violation and each successive community sanction violation,
2650 unless any of the following apply:
2651 1. If the community sanction violation includes a new
2652 felony conviction before the sentencing court, twelve (12)
2653 community sanction violation points are assessed for the
2654 violation, and for each successive community sanction violation
2655 involving a new felony conviction.
2656 2. If the community sanction violation is committed by a
2657 violent felony offender of special concern as defined in s.
2658 948.06:
2659 a. Twelve (12) community sanction violation points are
2660 assessed for the violation and for each successive violation of
2661 felony probation or community control where:
2662 I. The violation does not include a new felony conviction;
2663 and
2664 II. The community sanction violation is not based solely on
2665 the probationer or offender’s failure to pay costs or fines or
2666 make restitution payments.
2667 b. Twenty-four (24) community sanction violation points are
2668 assessed for the violation and for each successive violation of
2669 felony probation or community control where the violation
2670 includes a new felony conviction.
2671
2672 Multiple counts of community sanction violations before the
2673 sentencing court shall not be a basis for multiplying the
2674 assessment of community sanction violation points.
2675
2676 Prior serious felony points: If the offender has a primary
2677 offense or any additional offense ranked in level 8, level 9, or
2678 level 10, and one or more prior serious felonies, a single
2679 assessment of thirty (30) points shall be added. For purposes of
2680 this section, a prior serious felony is an offense in the
2681 offender’s prior record that is ranked in level 8, level 9, or
2682 level 10 under s. 921.0022 or s. 921.0023 and for which the
2683 offender is serving a sentence of confinement, supervision, or
2684 other sanction or for which the offender’s date of release from
2685 confinement, supervision, or other sanction, whichever is later,
2686 is within 3 years before the date the primary offense or any
2687 additional offense was committed.
2688
2689 Prior capital felony points: If the offender has one or more
2690 prior capital felonies in the offender’s criminal record, points
2691 shall be added to the subtotal sentence points of the offender
2692 equal to twice the number of points the offender receives for
2693 the primary offense and any additional offense. A prior capital
2694 felony in the offender’s criminal record is a previous capital
2695 felony offense for which the offender has entered a plea of nolo
2696 contendere or guilty or has been found guilty; or a felony in
2697 another jurisdiction which is a capital felony in that
2698 jurisdiction, or would be a capital felony if the offense were
2699 committed in this state.
2700
2701 Possession of a firearm, semiautomatic firearm, or machine gun:
2702 If the offender is convicted of committing or attempting to
2703 commit any felony other than those enumerated in s. 775.087(2)
2704 while having in his or her possession: a firearm as defined in
2705 s. 790.001(6), an additional eighteen (18) sentence points are
2706 assessed; or if the offender is convicted of committing or
2707 attempting to commit any felony other than those enumerated in
2708 s. 775.087(3) while having in his or her possession a
2709 semiautomatic firearm as defined in s. 775.087(3) or a machine
2710 gun as defined in s. 790.001(9), an additional twenty-five (25)
2711 sentence points are assessed.
2712
2713 Sentencing multipliers:
2714
2715 Drug trafficking: If the primary offense is drug trafficking
2716 under s. 893.135, the subtotal sentence points are multiplied,
2717 at the discretion of the court, for a level 7 or level 8
2718 offense, by 1.5. The state attorney may move the sentencing
2719 court to reduce or suspend the sentence of a person convicted of
2720 a level 7 or level 8 offense, if the offender provides
2721 substantial assistance as described in s. 893.135(4).
2722
2723 Law enforcement protection: If the primary offense is a
2724 violation of the Law Enforcement Protection Act under s.
2725 775.0823(2), (3), or (4), the subtotal sentence points are
2726 multiplied by 2.5. If the primary offense is a violation of s.
2727 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
2728 are multiplied by 2.0. If the primary offense is a violation of
2729 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
2730 Protection Act under s. 775.0823(10) or (11), the subtotal
2731 sentence points are multiplied by 1.5.
2732
2733 Grand theft of a motor vehicle: If the primary offense is grand
2734 theft of the third degree involving a motor vehicle and in the
2735 offender’s prior record, there are three or more grand thefts of
2736 the third degree involving a motor vehicle, the subtotal
2737 sentence points are multiplied by 1.5.
2738
2739 Offense related to a criminal gang: If the offender is convicted
2740 of the primary offense and committed that offense for the
2741 purpose of benefiting, promoting, or furthering the interests of
2742 a criminal gang as defined in s. 874.03, the subtotal sentence
2743 points are multiplied by 1.5. If applying the multiplier results
2744 in the lowest permissible sentence exceeding the statutory
2745 maximum sentence for the primary offense under chapter 775, the
2746 court may not apply the multiplier and must sentence the
2747 defendant to the statutory maximum sentence.
2748
2749 Domestic violence in the presence of a child: If the offender is
2750 convicted of the primary offense and the primary offense is a
2751 crime of domestic violence, as defined in s. 741.28, which was
2752 committed in the presence of a child under 16 years of age who
2753 is a family or household member as defined in s. 741.28(3) with
2754 the victim or perpetrator, the subtotal sentence points are
2755 multiplied by 1.5.
2756
2757 Adult-on-minor sex offense: If the offender was 18 years of age
2758 or older and the victim was younger than 18 years of age at the
2759 time the offender committed the primary offense, and if the
2760 primary offense was an offense committed on or after October 1,
2761 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
2762 violation involved a victim who was a minor and, in the course
2763 of committing that violation, the defendant committed a sexual
2764 battery under chapter 794 or a lewd act under s. 800.04 or s.
2765 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
2766 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
2767 800.04; or s. 847.0135(5), the subtotal sentence points are
2768 multiplied by 2.0. If applying the multiplier results in the
2769 lowest permissible sentence exceeding the statutory maximum
2770 sentence for the primary offense under chapter 775, the court
2771 may not apply the multiplier and must sentence the defendant to
2772 the statutory maximum sentence.
2773 Section 51. For the purpose of incorporating the amendment
2774 made by this act to section 945.091, Florida Statutes, in a
2775 reference thereto, subsection (2) of section 944.516, Florida
2776 Statutes, is reenacted to read:
2777 944.516 Money or other property received for personal use
2778 or benefit of inmate; deposit; disposition of unclaimed trust
2779 funds.—The Department of Corrections shall protect the financial
2780 interest of the state with respect to claims which the state may
2781 have against inmates in state institutions under its supervision
2782 and control and shall administer money and other property
2783 received for the personal benefit of such inmates. In carrying
2784 out the provisions of this section, the department may delegate
2785 any of its enumerated powers and duties affecting inmates of an
2786 institution to the warden or regional director who shall
2787 personally, or through designated employees of his or her
2788 personal staff under his or her direct supervision, exercise
2789 such powers or perform such duties.
2790 (2) The department shall require documentation through an
2791 accounting of receipts for expenditures by inmates placed on
2792 extended limits of confinement pursuant to s. 945.091. However,
2793 the department may allow such inmates an amount up to $25 per
2794 week which may not require documentation and which may be used
2795 for discretionary needs. The $25 per week may be increased by $5
2796 biennially, beginning in fiscal year 1985-1986, up to a total of
2797 $50.
2798 Section 52. For the purpose of incorporating the amendment
2799 made by this act to section 945.091, Florida Statutes, in a
2800 reference thereto, section 945.092, Florida Statutes, is
2801 reenacted to read:
2802 945.092 Limits on work-release and minimum security custody
2803 for persons who have committed the crime of escape.—A person who
2804 has ever been convicted, regardless of adjudication, of the
2805 offense of escape, as prohibited by s. 944.40 or its successor,
2806 or as prohibited by a similar law of another state, is not
2807 eligible for any work-release program under s. 945.091 or for
2808 confinement in minimum security conditions.
2809 Section 53. For the purpose of incorporating the amendment
2810 made by this act to section 945.091, Florida Statutes, in a
2811 reference thereto, subsection (2) of section 946.503, Florida
2812 Statutes, is reenacted to read:
2813 946.503 Definitions to be used with respect to correctional
2814 work programs.—As used in this part, the term:
2815 (2) “Correctional work program” means any program presently
2816 a part of the prison industries program operated by the
2817 department or any other correctional work program carried on at
2818 any state correctional facility presently or in the future, but
2819 the term does not include any program authorized by s. 945.091
2820 or s. 946.40.
2821 Section 54. For the purpose of incorporating the amendment
2822 made by this act to section 947.149, Florida Statutes, in a
2823 reference thereto, subsection (6) of section 316.1935, Florida
2824 Statutes, is reenacted to read:
2825 316.1935 Fleeing or attempting to elude a law enforcement
2826 officer; aggravated fleeing or eluding.—
2827 (6) Notwithstanding s. 948.01, no court may suspend, defer,
2828 or withhold adjudication of guilt or imposition of sentence for
2829 any violation of this section. A person convicted and sentenced
2830 to a mandatory minimum term of incarceration under paragraph
2831 (3)(b) or paragraph (4)(b) is not eligible for statutory gain
2832 time under s. 944.275 or any form of discretionary early
2833 release, other than pardon or executive clemency or conditional
2834 medical release under s. 947.149, prior to serving the mandatory
2835 minimum sentence.
2836 Section 55. For the purpose of incorporating the amendment
2837 made by this act to section 947.149, Florida Statutes, in a
2838 reference thereto, paragraph (k) of subsection (4) of section
2839 775.084, Florida Statutes, is reenacted to read:
2840 775.084 Violent career criminals; habitual felony offenders
2841 and habitual violent felony offenders; three-time violent felony
2842 offenders; definitions; procedure; enhanced penalties or
2843 mandatory minimum prison terms.—
2844 (4)
2845 (k)1. A defendant sentenced under this section as a
2846 habitual felony offender, a habitual violent felony offender, or
2847 a violent career criminal is eligible for gain-time granted by
2848 the Department of Corrections as provided in s. 944.275(4)(b).
2849 2. For an offense committed on or after October 1, 1995, a
2850 defendant sentenced under this section as a violent career
2851 criminal is not eligible for any form of discretionary early
2852 release, other than pardon or executive clemency, or conditional
2853 medical release granted pursuant to s. 947.149.
2854 3. For an offense committed on or after July 1, 1999, a
2855 defendant sentenced under this section as a three-time violent
2856 felony offender shall be released only by expiration of sentence
2857 and shall not be eligible for parole, control release, or any
2858 form of early release.
2859 Section 56. For the purpose of incorporating the amendment
2860 made by this act to section 947.149, Florida Statutes, in a
2861 reference thereto, subsection (3) of section 784.07, Florida
2862 Statutes, is reenacted to read:
2863 784.07 Assault or battery of law enforcement officers,
2864 firefighters, emergency medical care providers, public transit
2865 employees or agents, or other specified officers;
2866 reclassification of offenses; minimum sentences.—
2867 (3) Any person who is convicted of a battery under
2868 paragraph (2)(b) and, during the commission of the offense, such
2869 person possessed:
2870 (a) A “firearm” or “destructive device” as those terms are
2871 defined in s. 790.001, shall be sentenced to a minimum term of
2872 imprisonment of 3 years.
2873 (b) A semiautomatic firearm and its high-capacity
2874 detachable box magazine, as defined in s. 775.087(3), or a
2875 machine gun as defined in s. 790.001, shall be sentenced to a
2876 minimum term of imprisonment of 8 years.
2877
2878 Notwithstanding s. 948.01, adjudication of guilt or imposition
2879 of sentence shall not be suspended, deferred, or withheld, and
2880 the defendant is not eligible for statutory gain-time under s.
2881 944.275 or any form of discretionary early release, other than
2882 pardon or executive clemency, or conditional medical release
2883 under s. 947.149, prior to serving the minimum sentence.
2884 Section 57. For the purpose of incorporating the amendment
2885 made by this act to section 947.149, Florida Statutes, in a
2886 reference thereto, subsection (1) of section 790.235, Florida
2887 Statutes, is reenacted to read:
2888 790.235 Possession of firearm or ammunition by violent
2889 career criminal unlawful; penalty.—
2890 (1) Any person who meets the violent career criminal
2891 criteria under s. 775.084(1)(d), regardless of whether such
2892 person is or has previously been sentenced as a violent career
2893 criminal, who owns or has in his or her care, custody,
2894 possession, or control any firearm, ammunition, or electric
2895 weapon or device, or carries a concealed weapon, including a
2896 tear gas gun or chemical weapon or device, commits a felony of
2897 the first degree, punishable as provided in s. 775.082, s.
2898 775.083, or s. 775.084. A person convicted of a violation of
2899 this section shall be sentenced to a mandatory minimum of 15
2900 years’ imprisonment; however, if the person would be sentenced
2901 to a longer term of imprisonment under s. 775.084(4)(d), the
2902 person must be sentenced under that provision. A person
2903 convicted of a violation of this section is not eligible for any
2904 form of discretionary early release, other than pardon,
2905 executive clemency, or conditional medical release under s.
2906 947.149.
2907 Section 58. For the purpose of incorporating the amendment
2908 made by this act to section 947.149, Florida Statutes, in a
2909 reference thereto, subsection (7) of section 794.0115, Florida
2910 Statutes, is reenacted to read:
2911 794.0115 Dangerous sexual felony offender; mandatory
2912 sentencing.—
2913 (7) A defendant sentenced to a mandatory minimum term of
2914 imprisonment under this section is not eligible for statutory
2915 gain-time under s. 944.275 or any form of discretionary early
2916 release, other than pardon or executive clemency, or conditional
2917 medical release under s. 947.149, before serving the minimum
2918 sentence.
2919 Section 59. For the purpose of incorporating the amendment
2920 made by this act to section 947.149, Florida Statutes, in a
2921 reference thereto, paragraphs (b), (c), and (g) of subsection
2922 (1) and subsection (3) of section 893.135, Florida Statutes, are
2923 reenacted to read:
2924 893.135 Trafficking; mandatory sentences; suspension or
2925 reduction of sentences; conspiracy to engage in trafficking.—
2926 (1) Except as authorized in this chapter or in chapter 499
2927 and notwithstanding the provisions of s. 893.13:
2928 (b)1. Any person who knowingly sells, purchases,
2929 manufactures, delivers, or brings into this state, or who is
2930 knowingly in actual or constructive possession of, 28 grams or
2931 more of cocaine, as described in s. 893.03(2)(a)4., or of any
2932 mixture containing cocaine, but less than 150 kilograms of
2933 cocaine or any such mixture, commits a felony of the first
2934 degree, which felony shall be known as “trafficking in cocaine,”
2935 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2936 If the quantity involved:
2937 a. Is 28 grams or more, but less than 200 grams, such
2938 person shall be sentenced to a mandatory minimum term of
2939 imprisonment of 3 years, and the defendant shall be ordered to
2940 pay a fine of $50,000.
2941 b. Is 200 grams or more, but less than 400 grams, such
2942 person shall be sentenced to a mandatory minimum term of
2943 imprisonment of 7 years, and the defendant shall be ordered to
2944 pay a fine of $100,000.
2945 c. Is 400 grams or more, but less than 150 kilograms, such
2946 person shall be sentenced to a mandatory minimum term of
2947 imprisonment of 15 calendar years and pay a fine of $250,000.
2948 2. Any person who knowingly sells, purchases, manufactures,
2949 delivers, or brings into this state, or who is knowingly in
2950 actual or constructive possession of, 150 kilograms or more of
2951 cocaine, as described in s. 893.03(2)(a)4., commits the first
2952 degree felony of trafficking in cocaine. A person who has been
2953 convicted of the first degree felony of trafficking in cocaine
2954 under this subparagraph shall be punished by life imprisonment
2955 and is ineligible for any form of discretionary early release
2956 except pardon or executive clemency or conditional medical
2957 release under s. 947.149. However, if the court determines that,
2958 in addition to committing any act specified in this paragraph:
2959 a. The person intentionally killed an individual or
2960 counseled, commanded, induced, procured, or caused the
2961 intentional killing of an individual and such killing was the
2962 result; or
2963 b. The person’s conduct in committing that act led to a
2964 natural, though not inevitable, lethal result,
2965
2966 such person commits the capital felony of trafficking in
2967 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
2968 person sentenced for a capital felony under this paragraph shall
2969 also be sentenced to pay the maximum fine provided under
2970 subparagraph 1.
2971 3. Any person who knowingly brings into this state 300
2972 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
2973 and who knows that the probable result of such importation would
2974 be the death of any person, commits capital importation of
2975 cocaine, a capital felony punishable as provided in ss. 775.082
2976 and 921.142. Any person sentenced for a capital felony under
2977 this paragraph shall also be sentenced to pay the maximum fine
2978 provided under subparagraph 1.
2979 (c)1. A person who knowingly sells, purchases,
2980 manufactures, delivers, or brings into this state, or who is
2981 knowingly in actual or constructive possession of, 4 grams or
2982 more of any morphine, opium, hydromorphone, or any salt,
2983 derivative, isomer, or salt of an isomer thereof, including
2984 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
2985 (3)(c)4., or 4 grams or more of any mixture containing any such
2986 substance, but less than 30 kilograms of such substance or
2987 mixture, commits a felony of the first degree, which felony
2988 shall be known as “trafficking in illegal drugs,” punishable as
2989 provided in s. 775.082, s. 775.083, or s. 775.084. If the
2990 quantity involved:
2991 a. Is 4 grams or more, but less than 14 grams, such person
2992 shall be sentenced to a mandatory minimum term of imprisonment
2993 of 3 years and shall be ordered to pay a fine of $50,000.
2994 b. Is 14 grams or more, but less than 28 grams, such person
2995 shall be sentenced to a mandatory minimum term of imprisonment
2996 of 15 years and shall be ordered to pay a fine of $100,000.
2997 c. Is 28 grams or more, but less than 30 kilograms, such
2998 person shall be sentenced to a mandatory minimum term of
2999 imprisonment of 25 years and shall be ordered to pay a fine of
3000 $500,000.
3001 2. A person who knowingly sells, purchases, manufactures,
3002 delivers, or brings into this state, or who is knowingly in
3003 actual or constructive possession of, 14 grams or more of
3004 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
3005 described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
3006 grams or more of any mixture containing any such substance,
3007 commits a felony of the first degree, which felony shall be
3008 known as “trafficking in hydrocodone,” punishable as provided in
3009 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
3010 a. Is 14 grams or more, but less than 28 grams, such person
3011 shall be sentenced to a mandatory minimum term of imprisonment
3012 of 3 years and shall be ordered to pay a fine of $50,000.
3013 b. Is 28 grams or more, but less than 50 grams, such person
3014 shall be sentenced to a mandatory minimum term of imprisonment
3015 of 7 years and shall be ordered to pay a fine of $100,000.
3016 c. Is 50 grams or more, but less than 200 grams, such
3017 person shall be sentenced to a mandatory minimum term of
3018 imprisonment of 15 years and shall be ordered to pay a fine of
3019 $500,000.
3020 d. Is 200 grams or more, but less than 30 kilograms, such
3021 person shall be sentenced to a mandatory minimum term of
3022 imprisonment of 25 years and shall be ordered to pay a fine of
3023 $750,000.
3024 3. A person who knowingly sells, purchases, manufactures,
3025 delivers, or brings into this state, or who is knowingly in
3026 actual or constructive possession of, 7 grams or more of
3027 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
3028 thereof, or 7 grams or more of any mixture containing any such
3029 substance, commits a felony of the first degree, which felony
3030 shall be known as “trafficking in oxycodone,” punishable as
3031 provided in s. 775.082, s. 775.083, or s. 775.084. If the
3032 quantity involved:
3033 a. Is 7 grams or more, but less than 14 grams, such person
3034 shall be sentenced to a mandatory minimum term of imprisonment
3035 of 3 years and shall be ordered to pay a fine of $50,000.
3036 b. Is 14 grams or more, but less than 25 grams, such person
3037 shall be sentenced to a mandatory minimum term of imprisonment
3038 of 7 years and shall be ordered to pay a fine of $100,000.
3039 c. Is 25 grams or more, but less than 100 grams, such
3040 person shall be sentenced to a mandatory minimum term of
3041 imprisonment of 15 years and shall be ordered to pay a fine of
3042 $500,000.
3043 d. Is 100 grams or more, but less than 30 kilograms, such
3044 person shall be sentenced to a mandatory minimum term of
3045 imprisonment of 25 years and shall be ordered to pay a fine of
3046 $750,000.
3047 4.a. A person who knowingly sells, purchases, manufactures,
3048 delivers, or brings into this state, or who is knowingly in
3049 actual or constructive possession of, 4 grams or more of:
3050 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
3051 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
3052 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
3053 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
3054 (V) A fentanyl derivative, as described in s.
3055 893.03(1)(a)62.;
3056 (VI) A controlled substance analog, as described in s.
3057 893.0356, of any substance described in sub-sub-subparagraphs
3058 (I)-(V); or
3059 (VII) A mixture containing any substance described in sub
3060 sub-subparagraphs (I)-(VI),
3061
3062 commits a felony of the first degree, which felony shall be
3063 known as “trafficking in fentanyl,” punishable as provided in s.
3064 775.082, s. 775.083, or s. 775.084.
3065 b. If the quantity involved under sub-subparagraph a.:
3066 (I) Is 4 grams or more, but less than 14 grams, such person
3067 shall be sentenced to a mandatory minimum term of imprisonment
3068 of 3 years, and shall be ordered to pay a fine of $50,000.
3069 (II) Is 14 grams or more, but less than 28 grams, such
3070 person shall be sentenced to a mandatory minimum term of
3071 imprisonment of 15 years, and shall be ordered to pay a fine of
3072 $100,000.
3073 (III) Is 28 grams or more, such person shall be sentenced
3074 to a mandatory minimum term of imprisonment of 25 years, and
3075 shall be ordered to pay a fine of $500,000.
3076 5. A person who knowingly sells, purchases, manufactures,
3077 delivers, or brings into this state, or who is knowingly in
3078 actual or constructive possession of, 30 kilograms or more of
3079 any morphine, opium, oxycodone, hydrocodone, codeine,
3080 hydromorphone, or any salt, derivative, isomer, or salt of an
3081 isomer thereof, including heroin, as described in s.
3082 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
3083 more of any mixture containing any such substance, commits the
3084 first degree felony of trafficking in illegal drugs. A person
3085 who has been convicted of the first degree felony of trafficking
3086 in illegal drugs under this subparagraph shall be punished by
3087 life imprisonment and is ineligible for any form of
3088 discretionary early release except pardon or executive clemency
3089 or conditional medical release under s. 947.149. However, if the
3090 court determines that, in addition to committing any act
3091 specified in this paragraph:
3092 a. The person intentionally killed an individual or
3093 counseled, commanded, induced, procured, or caused the
3094 intentional killing of an individual and such killing was the
3095 result; or
3096 b. The person’s conduct in committing that act led to a
3097 natural, though not inevitable, lethal result,
3098
3099 such person commits the capital felony of trafficking in illegal
3100 drugs, punishable as provided in ss. 775.082 and 921.142. A
3101 person sentenced for a capital felony under this paragraph shall
3102 also be sentenced to pay the maximum fine provided under
3103 subparagraph 1.
3104 6. A person who knowingly brings into this state 60
3105 kilograms or more of any morphine, opium, oxycodone,
3106 hydrocodone, codeine, hydromorphone, or any salt, derivative,
3107 isomer, or salt of an isomer thereof, including heroin, as
3108 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
3109 60 kilograms or more of any mixture containing any such
3110 substance, and who knows that the probable result of such
3111 importation would be the death of a person, commits capital
3112 importation of illegal drugs, a capital felony punishable as
3113 provided in ss. 775.082 and 921.142. A person sentenced for a
3114 capital felony under this paragraph shall also be sentenced to
3115 pay the maximum fine provided under subparagraph 1.
3116 (g)1. Any person who knowingly sells, purchases,
3117 manufactures, delivers, or brings into this state, or who is
3118 knowingly in actual or constructive possession of, 4 grams or
3119 more of flunitrazepam or any mixture containing flunitrazepam as
3120 described in s. 893.03(1)(a) commits a felony of the first
3121 degree, which felony shall be known as “trafficking in
3122 flunitrazepam,” punishable as provided in s. 775.082, s.
3123 775.083, or s. 775.084. If the quantity involved:
3124 a. Is 4 grams or more but less than 14 grams, such person
3125 shall be sentenced to a mandatory minimum term of imprisonment
3126 of 3 years, and the defendant shall be ordered to pay a fine of
3127 $50,000.
3128 b. Is 14 grams or more but less than 28 grams, such person
3129 shall be sentenced to a mandatory minimum term of imprisonment
3130 of 7 years, and the defendant shall be ordered to pay a fine of
3131 $100,000.
3132 c. Is 28 grams or more but less than 30 kilograms, such
3133 person shall be sentenced to a mandatory minimum term of
3134 imprisonment of 25 calendar years and pay a fine of $500,000.
3135 2. Any person who knowingly sells, purchases, manufactures,
3136 delivers, or brings into this state or who is knowingly in
3137 actual or constructive possession of 30 kilograms or more of
3138 flunitrazepam or any mixture containing flunitrazepam as
3139 described in s. 893.03(1)(a) commits the first degree felony of
3140 trafficking in flunitrazepam. A person who has been convicted of
3141 the first degree felony of trafficking in flunitrazepam under
3142 this subparagraph shall be punished by life imprisonment and is
3143 ineligible for any form of discretionary early release except
3144 pardon or executive clemency or conditional medical release
3145 under s. 947.149. However, if the court determines that, in
3146 addition to committing any act specified in this paragraph:
3147 a. The person intentionally killed an individual or
3148 counseled, commanded, induced, procured, or caused the
3149 intentional killing of an individual and such killing was the
3150 result; or
3151 b. The person’s conduct in committing that act led to a
3152 natural, though not inevitable, lethal result,
3153
3154 such person commits the capital felony of trafficking in
3155 flunitrazepam, punishable as provided in ss. 775.082 and
3156 921.142. Any person sentenced for a capital felony under this
3157 paragraph shall also be sentenced to pay the maximum fine
3158 provided under subparagraph 1.
3159 (3) Notwithstanding the provisions of s. 948.01, with
3160 respect to any person who is found to have violated this
3161 section, adjudication of guilt or imposition of sentence shall
3162 not be suspended, deferred, or withheld, nor shall such person
3163 be eligible for parole prior to serving the mandatory minimum
3164 term of imprisonment prescribed by this section. A person
3165 sentenced to a mandatory minimum term of imprisonment under this
3166 section is not eligible for any form of discretionary early
3167 release, except pardon or executive clemency or conditional
3168 medical release under s. 947.149, prior to serving the mandatory
3169 minimum term of imprisonment.
3170 Section 60. For the purpose of incorporating the amendment
3171 made by this act to section 947.149, Florida Statutes, in a
3172 reference thereto, paragraph (b) of subsection (7) of section
3173 944.605, Florida Statutes, is reenacted to read:
3174 944.605 Inmate release; notification; identification card.—
3175 (7)
3176 (b) Paragraph (a) does not apply to inmates who:
3177 1. The department determines have a valid driver license or
3178 state identification card, except that the department shall
3179 provide these inmates with a replacement state identification
3180 card or replacement driver license, if necessary.
3181 2. Have an active detainer, unless the department
3182 determines that cancellation of the detainer is likely or that
3183 the incarceration for which the detainer was issued will be less
3184 than 12 months in duration.
3185 3. Are released due to an emergency release or a
3186 conditional medical release under s. 947.149.
3187 4. Are not in the physical custody of the department at or
3188 within 180 days before release.
3189 5. Are subject to sex offender residency restrictions, and
3190 who, upon release under such restrictions, do not have a
3191 qualifying address.
3192 Section 61. For the purpose of incorporating the amendment
3193 made by this act to section 947.149, Florida Statutes, in a
3194 reference thereto, paragraph (b) of subsection (1) of section
3195 944.70, Florida Statutes, is reenacted to read:
3196 944.70 Conditions for release from incarceration.—
3197 (1)
3198 (b) A person who is convicted of a crime committed on or
3199 after January 1, 1994, may be released from incarceration only:
3200 1. Upon expiration of the person’s sentence;
3201 2. Upon expiration of the person’s sentence as reduced by
3202 accumulated meritorious or incentive gain-time;
3203 3. As directed by an executive order granting clemency;
3204 4. Upon placement in a conditional release program pursuant
3205 to s. 947.1405 or a conditional medical release program pursuant
3206 to s. 947.149; or
3207 5. Upon the granting of control release, including
3208 emergency control release, pursuant to s. 947.146.
3209 Section 62. For the purpose of incorporating the amendment
3210 made by this act to section 947.149, Florida Statutes, in a
3211 reference thereto, paragraph (h) of subsection (1) of section
3212 947.13, Florida Statutes, is reenacted to read:
3213 947.13 Powers and duties of commission.—
3214 (1) The commission shall have the powers and perform the
3215 duties of:
3216 (h) Determining what persons will be released on
3217 conditional medical release under s. 947.149, establishing the
3218 conditions of conditional medical release, and determining
3219 whether a person has violated the conditions of conditional
3220 medical release and taking action with respect to such a
3221 violation.
3222 Section 63. For the purpose of incorporating the amendment
3223 made by this act to section 947.149, Florida Statutes, in a
3224 reference thereto, subsections (1), (2), and (7) of section
3225 947.141, Florida Statutes, are reenacted to read:
3226 947.141 Violations of conditional release, control release,
3227 or conditional medical release or addiction-recovery
3228 supervision.—
3229 (1) If a member of the commission or a duly authorized
3230 representative of the commission has reasonable grounds to
3231 believe that an offender who is on release supervision under s.
3232 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
3233 the terms and conditions of the release in a material respect,
3234 such member or representative may cause a warrant to be issued
3235 for the arrest of the releasee; if the offender was found to be
3236 a sexual predator, the warrant must be issued.
3237 (2) Upon the arrest on a felony charge of an offender who
3238 is on release supervision under s. 947.1405, s. 947.146, s.
3239 947.149, or s. 944.4731, the offender must be detained without
3240 bond until the initial appearance of the offender at which a
3241 judicial determination of probable cause is made. If the trial
3242 court judge determines that there was no probable cause for the
3243 arrest, the offender may be released. If the trial court judge
3244 determines that there was probable cause for the arrest, such
3245 determination also constitutes reasonable grounds to believe
3246 that the offender violated the conditions of the release. Within
3247 24 hours after the trial court judge’s finding of probable
3248 cause, the detention facility administrator or designee shall
3249 notify the commission and the department of the finding and
3250 transmit to each a facsimile copy of the probable cause
3251 affidavit or the sworn offense report upon which the trial court
3252 judge’s probable cause determination is based. The offender must
3253 continue to be detained without bond for a period not exceeding
3254 72 hours excluding weekends and holidays after the date of the
3255 probable cause determination, pending a decision by the
3256 commission whether to issue a warrant charging the offender with
3257 violation of the conditions of release. Upon the issuance of the
3258 commission’s warrant, the offender must continue to be held in
3259 custody pending a revocation hearing held in accordance with
3260 this section.
3261 (7) If a law enforcement officer has probable cause to
3262 believe that an offender who is on release supervision under s.
3263 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
3264 the terms and conditions of his or her release by committing a
3265 felony offense, the officer shall arrest the offender without a
3266 warrant, and a warrant need not be issued in the case.
3267 Section 64. For the purpose of incorporating the amendment
3268 made by this act to sections 812.014 and 893.135, Florida
3269 Statutes, in references thereto, paragraph (c) of subsection (3)
3270 of section 373.6055, Florida Statutes, is reenacted to read:
3271 373.6055 Criminal history checks for certain water
3272 management district employees and others.—
3273 (3)
3274 (c) In addition to other requirements for employment or
3275 access established by any water management district pursuant to
3276 its water management district’s security plan for buildings,
3277 facilities, and structures, each water management district’s
3278 security plan shall provide that:
3279 1. Any person who has within the past 7 years been
3280 convicted, regardless of whether adjudication was withheld, for
3281 a forcible felony as defined in s. 776.08; an act of terrorism
3282 as defined in s. 775.30; planting of a hoax bomb as provided in
3283 s. 790.165; any violation involving the manufacture, possession,
3284 sale, delivery, display, use, or attempted or threatened use of
3285 a weapon of mass destruction or hoax weapon of mass destruction
3286 as provided in s. 790.166; dealing in stolen property; any
3287 violation of s. 893.135; any violation involving the sale,
3288 manufacturing, delivery, or possession with intent to sell,
3289 manufacture, or deliver a controlled substance; burglary;
3290 robbery; any felony violation of s. 812.014; any violation of s.
3291 790.07; any crime an element of which includes use or possession
3292 of a firearm; any conviction for any similar offenses under the
3293 laws of another jurisdiction; or conviction for conspiracy to
3294 commit any of the listed offenses may not be qualified for
3295 initial employment within or authorized regular access to
3296 buildings, facilities, or structures defined in the water
3297 management district’s security plan as restricted access areas.
3298 2. Any person who has at any time been convicted of any of
3299 the offenses listed in subparagraph 1. may not be qualified for
3300 initial employment within or authorized regular access to
3301 buildings, facilities, or structures defined in the water
3302 management district’s security plan as restricted access areas
3303 unless, after release from incarceration and any supervision
3304 imposed as a sentence, the person remained free from a
3305 subsequent conviction, regardless of whether adjudication was
3306 withheld, for any of the listed offenses for a period of at
3307 least 7 years prior to the employment or access date under
3308 consideration.
3309 Section 65. For the purpose of incorporating the amendment
3310 made by this act to sections 893.135 and 947.149, Florida
3311 Statutes, in references thereto, paragraphs (a) and (b) of
3312 subsection (2) and paragraphs (a) and (b) of subsection (3) of
3313 section 775.087, Florida Statutes, are reenacted to read:
3314 775.087 Possession or use of weapon; aggravated battery;
3315 felony reclassification; minimum sentence.—
3316 (2)(a)1. Any person who is convicted of a felony or an
3317 attempt to commit a felony, regardless of whether the use of a
3318 weapon is an element of the felony, and the conviction was for:
3319 a. Murder;
3320 b. Sexual battery;
3321 c. Robbery;
3322 d. Burglary;
3323 e. Arson;
3324 f. Aggravated battery;
3325 g. Kidnapping;
3326 h. Escape;
3327 i. Aircraft piracy;
3328 j. Aggravated child abuse;
3329 k. Aggravated abuse of an elderly person or disabled adult;
3330 l. Unlawful throwing, placing, or discharging of a
3331 destructive device or bomb;
3332 m. Carjacking;
3333 n. Home-invasion robbery;
3334 o. Aggravated stalking;
3335 p. Trafficking in cannabis, trafficking in cocaine, capital
3336 importation of cocaine, trafficking in illegal drugs, capital
3337 importation of illegal drugs, trafficking in phencyclidine,
3338 capital importation of phencyclidine, trafficking in
3339 methaqualone, capital importation of methaqualone, trafficking
3340 in amphetamine, capital importation of amphetamine, trafficking
3341 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
3342 (GHB), trafficking in 1,4-Butanediol, trafficking in
3343 Phenethylamines, or other violation of s. 893.135(1); or
3344 q. Possession of a firearm by a felon
3345
3346 and during the commission of the offense, such person actually
3347 possessed a “firearm” or “destructive device” as those terms are
3348 defined in s. 790.001, shall be sentenced to a minimum term of
3349 imprisonment of 10 years, except that a person who is convicted
3350 for possession of a firearm by a felon or burglary of a
3351 conveyance shall be sentenced to a minimum term of imprisonment
3352 of 3 years if such person possessed a “firearm” or “destructive
3353 device” during the commission of the offense. However, if an
3354 offender who is convicted of the offense of possession of a
3355 firearm by a felon has a previous conviction of committing or
3356 attempting to commit a felony listed in s. 775.084(1)(b)1. and
3357 actually possessed a firearm or destructive device during the
3358 commission of the prior felony, the offender shall be sentenced
3359 to a minimum term of imprisonment of 10 years.
3360 2. Any person who is convicted of a felony or an attempt to
3361 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
3362 regardless of whether the use of a weapon is an element of the
3363 felony, and during the course of the commission of the felony
3364 such person discharged a “firearm” or “destructive device” as
3365 defined in s. 790.001 shall be sentenced to a minimum term of
3366 imprisonment of 20 years.
3367 3. Any person who is convicted of a felony or an attempt to
3368 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
3369 regardless of whether the use of a weapon is an element of the
3370 felony, and during the course of the commission of the felony
3371 such person discharged a “firearm” or “destructive device” as
3372 defined in s. 790.001 and, as the result of the discharge, death
3373 or great bodily harm was inflicted upon any person, the
3374 convicted person shall be sentenced to a minimum term of
3375 imprisonment of not less than 25 years and not more than a term
3376 of imprisonment of life in prison.
3377 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
3378 (a)3. does not prevent a court from imposing a longer sentence
3379 of incarceration as authorized by law in addition to the minimum
3380 mandatory sentence, or from imposing a sentence of death
3381 pursuant to other applicable law. Subparagraph (a)1.,
3382 subparagraph (a)2., or subparagraph (a)3. does not authorize a
3383 court to impose a lesser sentence than otherwise required by
3384 law.
3385
3386 Notwithstanding s. 948.01, adjudication of guilt or imposition
3387 of sentence shall not be suspended, deferred, or withheld, and
3388 the defendant is not eligible for statutory gain-time under s.
3389 944.275 or any form of discretionary early release, other than
3390 pardon or executive clemency, or conditional medical release
3391 under s. 947.149, prior to serving the minimum sentence.
3392 (3)(a)1. Any person who is convicted of a felony or an
3393 attempt to commit a felony, regardless of whether the use of a
3394 firearm is an element of the felony, and the conviction was for:
3395 a. Murder;
3396 b. Sexual battery;
3397 c. Robbery;
3398 d. Burglary;
3399 e. Arson;
3400 f. Aggravated battery;
3401 g. Kidnapping;
3402 h. Escape;
3403 i. Sale, manufacture, delivery, or intent to sell,
3404 manufacture, or deliver any controlled substance;
3405 j. Aircraft piracy;
3406 k. Aggravated child abuse;
3407 l. Aggravated abuse of an elderly person or disabled adult;
3408 m. Unlawful throwing, placing, or discharging of a
3409 destructive device or bomb;
3410 n. Carjacking;
3411 o. Home-invasion robbery;
3412 p. Aggravated stalking; or
3413 q. Trafficking in cannabis, trafficking in cocaine, capital
3414 importation of cocaine, trafficking in illegal drugs, capital
3415 importation of illegal drugs, trafficking in phencyclidine,
3416 capital importation of phencyclidine, trafficking in
3417 methaqualone, capital importation of methaqualone, trafficking
3418 in amphetamine, capital importation of amphetamine, trafficking
3419 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
3420 (GHB), trafficking in 1,4-Butanediol, trafficking in
3421 Phenethylamines, or other violation of s. 893.135(1);
3422
3423 and during the commission of the offense, such person possessed
3424 a semiautomatic firearm and its high-capacity detachable box
3425 magazine or a machine gun as defined in s. 790.001, shall be
3426 sentenced to a minimum term of imprisonment of 15 years.
3427 2. Any person who is convicted of a felony or an attempt to
3428 commit a felony listed in subparagraph (a)1., regardless of
3429 whether the use of a weapon is an element of the felony, and
3430 during the course of the commission of the felony such person
3431 discharged a semiautomatic firearm and its high-capacity box
3432 magazine or a “machine gun” as defined in s. 790.001 shall be
3433 sentenced to a minimum term of imprisonment of 20 years.
3434 3. Any person who is convicted of a felony or an attempt to
3435 commit a felony listed in subparagraph (a)1., regardless of
3436 whether the use of a weapon is an element of the felony, and
3437 during the course of the commission of the felony such person
3438 discharged a semiautomatic firearm and its high-capacity box
3439 magazine or a “machine gun” as defined in s. 790.001 and, as the
3440 result of the discharge, death or great bodily harm was
3441 inflicted upon any person, the convicted person shall be
3442 sentenced to a minimum term of imprisonment of not less than 25
3443 years and not more than a term of imprisonment of life in
3444 prison.
3445 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
3446 (a)3. does not prevent a court from imposing a longer sentence
3447 of incarceration as authorized by law in addition to the minimum
3448 mandatory sentence, or from imposing a sentence of death
3449 pursuant to other applicable law. Subparagraph (a)1.,
3450 subparagraph (a)2., or subparagraph (a)3. does not authorize a
3451 court to impose a lesser sentence than otherwise required by
3452 law.
3453
3454 Notwithstanding s. 948.01, adjudication of guilt or imposition
3455 of sentence shall not be suspended, deferred, or withheld, and
3456 the defendant is not eligible for statutory gain-time under s.
3457 944.275 or any form of discretionary early release, other than
3458 pardon or executive clemency, or conditional medical release
3459 under s. 947.149, prior to serving the minimum sentence.
3460 Section 66. For the purpose of incorporating the amendment
3461 made by this act to sections 893.135 and 947.149, Florida
3462 Statutes, in references thereto, paragraph (b) of subsection (1)
3463 and subsection (2) of section 921.0024, Florida Statutes, are
3464 reenacted to read:
3465 921.0024 Criminal Punishment Code; worksheet computations;
3466 scoresheets.—
3467 (1)
3468 (b) WORKSHEET KEY:
3469
3470 Legal status points are assessed when any form of legal status
3471 existed at the time the offender committed an offense before the
3472 court for sentencing. Four (4) sentence points are assessed for
3473 an offender’s legal status.
3474
3475 Community sanction violation points are assessed when a
3476 community sanction violation is before the court for sentencing.
3477 Six (6) sentence points are assessed for each community sanction
3478 violation and each successive community sanction violation,
3479 unless any of the following apply:
3480 1. If the community sanction violation includes a new
3481 felony conviction before the sentencing court, twelve (12)
3482 community sanction violation points are assessed for the
3483 violation, and for each successive community sanction violation
3484 involving a new felony conviction.
3485 2. If the community sanction violation is committed by a
3486 violent felony offender of special concern as defined in s.
3487 948.06:
3488 a. Twelve (12) community sanction violation points are
3489 assessed for the violation and for each successive violation of
3490 felony probation or community control where:
3491 I. The violation does not include a new felony conviction;
3492 and
3493 II. The community sanction violation is not based solely on
3494 the probationer or offender’s failure to pay costs or fines or
3495 make restitution payments.
3496 b. Twenty-four (24) community sanction violation points are
3497 assessed for the violation and for each successive violation of
3498 felony probation or community control where the violation
3499 includes a new felony conviction.
3500
3501 Multiple counts of community sanction violations before the
3502 sentencing court shall not be a basis for multiplying the
3503 assessment of community sanction violation points.
3504
3505 Prior serious felony points: If the offender has a primary
3506 offense or any additional offense ranked in level 8, level 9, or
3507 level 10, and one or more prior serious felonies, a single
3508 assessment of thirty (30) points shall be added. For purposes of
3509 this section, a prior serious felony is an offense in the
3510 offender’s prior record that is ranked in level 8, level 9, or
3511 level 10 under s. 921.0022 or s. 921.0023 and for which the
3512 offender is serving a sentence of confinement, supervision, or
3513 other sanction or for which the offender’s date of release from
3514 confinement, supervision, or other sanction, whichever is later,
3515 is within 3 years before the date the primary offense or any
3516 additional offense was committed.
3517
3518 Prior capital felony points: If the offender has one or more
3519 prior capital felonies in the offender’s criminal record, points
3520 shall be added to the subtotal sentence points of the offender
3521 equal to twice the number of points the offender receives for
3522 the primary offense and any additional offense. A prior capital
3523 felony in the offender’s criminal record is a previous capital
3524 felony offense for which the offender has entered a plea of nolo
3525 contendere or guilty or has been found guilty; or a felony in
3526 another jurisdiction which is a capital felony in that
3527 jurisdiction, or would be a capital felony if the offense were
3528 committed in this state.
3529
3530 Possession of a firearm, semiautomatic firearm, or machine gun:
3531 If the offender is convicted of committing or attempting to
3532 commit any felony other than those enumerated in s. 775.087(2)
3533 while having in his or her possession: a firearm as defined in
3534 s. 790.001(6), an additional eighteen (18) sentence points are
3535 assessed; or if the offender is convicted of committing or
3536 attempting to commit any felony other than those enumerated in
3537 s. 775.087(3) while having in his or her possession a
3538 semiautomatic firearm as defined in s. 775.087(3) or a machine
3539 gun as defined in s. 790.001(9), an additional twenty-five (25)
3540 sentence points are assessed.
3541
3542 Sentencing multipliers:
3543
3544 Drug trafficking: If the primary offense is drug trafficking
3545 under s. 893.135, the subtotal sentence points are multiplied,
3546 at the discretion of the court, for a level 7 or level 8
3547 offense, by 1.5. The state attorney may move the sentencing
3548 court to reduce or suspend the sentence of a person convicted of
3549 a level 7 or level 8 offense, if the offender provides
3550 substantial assistance as described in s. 893.135(4).
3551
3552 Law enforcement protection: If the primary offense is a
3553 violation of the Law Enforcement Protection Act under s.
3554 775.0823(2), (3), or (4), the subtotal sentence points are
3555 multiplied by 2.5. If the primary offense is a violation of s.
3556 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
3557 are multiplied by 2.0. If the primary offense is a violation of
3558 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
3559 Protection Act under s. 775.0823(10) or (11), the subtotal
3560 sentence points are multiplied by 1.5.
3561
3562 Grand theft of a motor vehicle: If the primary offense is grand
3563 theft of the third degree involving a motor vehicle and in the
3564 offender’s prior record, there are three or more grand thefts of
3565 the third degree involving a motor vehicle, the subtotal
3566 sentence points are multiplied by 1.5.
3567
3568 Offense related to a criminal gang: If the offender is convicted
3569 of the primary offense and committed that offense for the
3570 purpose of benefiting, promoting, or furthering the interests of
3571 a criminal gang as defined in s. 874.03, the subtotal sentence
3572 points are multiplied by 1.5. If applying the multiplier results
3573 in the lowest permissible sentence exceeding the statutory
3574 maximum sentence for the primary offense under chapter 775, the
3575 court may not apply the multiplier and must sentence the
3576 defendant to the statutory maximum sentence.
3577
3578 Domestic violence in the presence of a child: If the offender is
3579 convicted of the primary offense and the primary offense is a
3580 crime of domestic violence, as defined in s. 741.28, which was
3581 committed in the presence of a child under 16 years of age who
3582 is a family or household member as defined in s. 741.28(3) with
3583 the victim or perpetrator, the subtotal sentence points are
3584 multiplied by 1.5.
3585
3586 Adult-on-minor sex offense: If the offender was 18 years of age
3587 or older and the victim was younger than 18 years of age at the
3588 time the offender committed the primary offense, and if the
3589 primary offense was an offense committed on or after October 1,
3590 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
3591 violation involved a victim who was a minor and, in the course
3592 of committing that violation, the defendant committed a sexual
3593 battery under chapter 794 or a lewd act under s. 800.04 or s.
3594 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
3595 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
3596 800.04; or s. 847.0135(5), the subtotal sentence points are
3597 multiplied by 2.0. If applying the multiplier results in the
3598 lowest permissible sentence exceeding the statutory maximum
3599 sentence for the primary offense under chapter 775, the court
3600 may not apply the multiplier and must sentence the defendant to
3601 the statutory maximum sentence.
3602 (2) The lowest permissible sentence is the minimum sentence
3603 that may be imposed by the trial court, absent a valid reason
3604 for departure. The lowest permissible sentence is any nonstate
3605 prison sanction in which the total sentence points equals or is
3606 less than 44 points, unless the court determines within its
3607 discretion that a prison sentence, which may be up to the
3608 statutory maximums for the offenses committed, is appropriate.
3609 When the total sentence points exceeds 44 points, the lowest
3610 permissible sentence in prison months shall be calculated by
3611 subtracting 28 points from the total sentence points and
3612 decreasing the remaining total by 25 percent. The total sentence
3613 points shall be calculated only as a means of determining the
3614 lowest permissible sentence. The permissible range for
3615 sentencing shall be the lowest permissible sentence up to and
3616 including the statutory maximum, as defined in s. 775.082, for
3617 the primary offense and any additional offenses before the court
3618 for sentencing. The sentencing court may impose such sentences
3619 concurrently or consecutively. However, any sentence to state
3620 prison must exceed 1 year. If the lowest permissible sentence
3621 under the code exceeds the statutory maximum sentence as
3622 provided in s. 775.082, the sentence required by the code must
3623 be imposed. If the total sentence points are greater than or
3624 equal to 363, the court may sentence the offender to life
3625 imprisonment. An offender sentenced to life imprisonment under
3626 this section is not eligible for any form of discretionary early
3627 release, except executive clemency or conditional medical
3628 release under s. 947.149.
3629 Section 67. Except as otherwise expressly provided in this
3630 act and except for this section, which shall take effect July 1,
3631 2019, this act shall take effect October 1, 2019.
3632
