Bill Text: FL S1436 | 2017 | Regular Session | Introduced


Bill Title: Controlled Substance Offenses

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Judiciary [S1436 Detail]

Download: Florida-2017-S1436-Introduced.html
       Florida Senate - 2017                                    SB 1436
       
       
        
       By Senator Clemens
       
       
       
       
       
       31-00532A-17                                          20171436__
    1                        A bill to be entitled                      
    2         An act relating to controlled substance offenses;
    3         amending s. 893.135, F.S.; reducing minimum mandatory
    4         sentences for certain trafficking offenses; increasing
    5         the threshold amounts for certain trafficking
    6         offenses; authorizing downward departures for
    7         sentences for certain violations involving trafficking
    8         of hydrocodone or oxycodone; amending s. 921.0024,
    9         F.S.; increasing the sentencing scoresheet multiplier
   10         for drug trafficking offenses; revising provisions
   11         relating to state motions for suspended sentences for
   12         certain violations; amending s. 921.0022, F.S.;
   13         conforming provisions to changes made by the act;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraphs (a), (b), and (c) of subsection (1)
   19  of section 893.135, Florida Statutes, are amended to read:
   20         893.135 Trafficking; mandatory sentences; suspension or
   21  reduction of sentences; conspiracy to engage in trafficking.—
   22         (1) Except as authorized in this chapter or in chapter 499
   23  and notwithstanding the provisions of s. 893.13:
   24         (a) Any person who knowingly sells, purchases,
   25  manufactures, delivers, or brings into this state, or who is
   26  knowingly in actual or constructive possession of, in excess of
   27  25 pounds of cannabis, or 300 or more cannabis plants, commits a
   28  felony of the first degree, which felony shall be known as
   29  “trafficking in cannabis,” punishable as provided in s. 775.082,
   30  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
   31         1. Is in excess of 25 pounds, but less than 2,000 pounds,
   32  or is 300 or more cannabis plants, but not more than 2,000
   33  cannabis plants, such person shall be sentenced to a mandatory
   34  minimum term of imprisonment of 2 3 years, and the defendant
   35  shall be ordered to pay a fine of $25,000.
   36         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
   37  is 2,000 or more cannabis plants, but not more than 10,000
   38  cannabis plants, such person shall be sentenced to a mandatory
   39  minimum term of imprisonment of 5 7 years, and the defendant
   40  shall be ordered to pay a fine of $50,000.
   41         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
   42  plants, such person shall be sentenced to a mandatory minimum
   43  term of imprisonment of 10 15 calendar years and pay a fine of
   44  $200,000.
   45  
   46  For the purpose of this paragraph, a plant, including, but not
   47  limited to, a seedling or cutting, is a “cannabis plant” if it
   48  has some readily observable evidence of root formation, such as
   49  root hairs. To determine if a piece or part of a cannabis plant
   50  severed from the cannabis plant is itself a cannabis plant, the
   51  severed piece or part must have some readily observable evidence
   52  of root formation, such as root hairs. Callous tissue is not
   53  readily observable evidence of root formation. The viability and
   54  sex of a plant and the fact that the plant may or may not be a
   55  dead harvested plant are not relevant in determining if the
   56  plant is a “cannabis plant” or in the charging of an offense
   57  under this paragraph. Upon conviction, the court shall impose
   58  the longest term of imprisonment provided for in this paragraph.
   59         (b)1. Any person who knowingly sells, purchases,
   60  manufactures, delivers, or brings into this state, or who is
   61  knowingly in actual or constructive possession of, 28 grams or
   62  more of cocaine, as described in s. 893.03(2)(a)4., or of any
   63  mixture containing cocaine, but less than 150 kilograms of
   64  cocaine or any such mixture, commits a felony of the first
   65  degree, which felony shall be known as “trafficking in cocaine,”
   66  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   67  If the quantity involved:
   68         a. Is 50 28 grams or more, but less than 300 200 grams,
   69  such person shall be sentenced to a mandatory minimum term of
   70  imprisonment of 2 3 years, and the defendant shall be ordered to
   71  pay a fine of $50,000.
   72         b. Is 300 200 grams or more, but less than 500 400 grams,
   73  such person shall be sentenced to a mandatory minimum term of
   74  imprisonment of 5 7 years, and the defendant shall be ordered to
   75  pay a fine of $100,000.
   76         c. Is 500 400 grams or more, but less than 150 kilograms,
   77  such person shall be sentenced to a mandatory minimum term of
   78  imprisonment of 10 15 calendar years and pay a fine of $250,000.
   79         2. Any person who knowingly sells, purchases, manufactures,
   80  delivers, or brings into this state, or who is knowingly in
   81  actual or constructive possession of, 150 kilograms or more of
   82  cocaine, as described in s. 893.03(2)(a)4., commits the first
   83  degree felony of trafficking in cocaine. A person who has been
   84  convicted of the first degree felony of trafficking in cocaine
   85  under this subparagraph shall be punished by life imprisonment
   86  and is ineligible for any form of discretionary early release
   87  except pardon or executive clemency or conditional medical
   88  release under s. 947.149. However, if the court determines that,
   89  in addition to committing any act specified in this paragraph:
   90         a. The person intentionally killed an individual or
   91  counseled, commanded, induced, procured, or caused the
   92  intentional killing of an individual and such killing was the
   93  result; or
   94         b. The person’s conduct in committing that act led to a
   95  natural, though not inevitable, lethal result,
   96  
   97  such person commits the capital felony of trafficking in
   98  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
   99  person sentenced for a capital felony under this paragraph shall
  100  also be sentenced to pay the maximum fine provided under
  101  subparagraph 1.
  102         3. Any person who knowingly brings into this state 300
  103  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  104  and who knows that the probable result of such importation would
  105  be the death of any person, commits capital importation of
  106  cocaine, a capital felony punishable as provided in ss. 775.082
  107  and 921.142. Any person sentenced for a capital felony under
  108  this paragraph shall also be sentenced to pay the maximum fine
  109  provided under subparagraph 1.
  110         (c)1. A person who knowingly sells, purchases,
  111  manufactures, delivers, or brings into this state, or who is
  112  knowingly in actual or constructive possession of, 4 grams or
  113  more of any morphine, opium, hydromorphone, or any salt,
  114  derivative, isomer, or salt of an isomer thereof, including
  115  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  116  (3)(c)4., or 4 grams or more of any mixture containing any such
  117  substance, but less than 30 kilograms of such substance or
  118  mixture, commits a felony of the first degree, which felony
  119  shall be known as “trafficking in illegal drugs,” punishable as
  120  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  121  quantity involved:
  122         a. Is 4 grams or more, but less than 14 grams, such person
  123  shall be sentenced to a mandatory minimum term of imprisonment
  124  of 3 years and shall be ordered to pay a fine of $50,000.
  125         b. Is 14 grams or more, but less than 28 grams, such person
  126  shall be sentenced to a mandatory minimum term of imprisonment
  127  of 15 years and shall be ordered to pay a fine of $100,000.
  128         c. Is 28 grams or more, but less than 30 kilograms, such
  129  person shall be sentenced to a mandatory minimum term of
  130  imprisonment of 25 years and shall be ordered to pay a fine of
  131  $500,000.
  132         2. A person who knowingly sells, purchases, manufactures,
  133  delivers, or brings into this state, or who is knowingly in
  134  actual or constructive possession of, 14 grams or more of
  135  hydrocodone, or any salt, derivative, isomer, or salt of an
  136  isomer thereof, or 14 grams or more of any mixture containing
  137  any such substance, commits a felony of the first degree, which
  138  felony shall be known as “trafficking in hydrocodone,”
  139  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  140  If the quantity involved:
  141         a.Is 14 grams or more, but less than 28 grams, such person
  142  shall be sentenced to a mandatory minimum term of imprisonment
  143  of 3 years and shall be ordered to pay a fine of $50,000.
  144         a.b. Is 28 grams or more, but less than 50 grams, such
  145  person shall be sentenced to a mandatory minimum term of
  146  imprisonment of 5 7 years and shall be ordered to pay a fine of
  147  $100,000.
  148         b.c. Is 50 grams or more, but less than 200 grams, such
  149  person shall be sentenced to a mandatory minimum term of
  150  imprisonment of 10 15 years and shall be ordered to pay a fine
  151  of $500,000.
  152         c.d. Is 200 grams or more, but less than 30 kilograms, such
  153  person shall be sentenced to a mandatory minimum term of
  154  imprisonment of 15 25 years and shall be ordered to pay a fine
  155  of $750,000.
  156         d.A person convicted of a violation of this subparagraph
  157  in which the quantity involved was less than 200 grams may move
  158  the sentencing court to depart from the mandatory minimum term
  159  and, if applicable, any mandatory fine. The state attorney may
  160  file an objection to the motion. The sentencing court may depart
  161  from the mandatory minimum sentence if the court finds that
  162  imposition of the mandatory minimum sentence is not necessary
  163  for the protection of the public. However, the sentencing court
  164  may not impose a sentence lower than the lowest permissible
  165  sentence as calculated according to the total sentence points
  166  pursuant to s. 921.0024.
  167         3. A person who knowingly sells, purchases, manufactures,
  168  delivers, or brings into this state, or who is knowingly in
  169  actual or constructive possession of, 7 grams or more of
  170  oxycodone, or any salt, derivative, isomer, or salt of an isomer
  171  thereof, or 7 grams or more of any mixture containing any such
  172  substance, commits a felony of the first degree, which felony
  173  shall be known as “trafficking in oxycodone,” punishable as
  174  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  175  quantity involved:
  176         a.Is 7 grams or more, but less than 14 grams, such person
  177  shall be sentenced to a mandatory minimum term of imprisonment
  178  of 3 years and shall be ordered to pay a fine of $50,000.
  179         a.b. Is 14 grams or more, but less than 25 grams, such
  180  person shall be sentenced to a mandatory minimum term of
  181  imprisonment of 5 7 years and shall be ordered to pay a fine of
  182  $100,000.
  183         b.c. Is 25 grams or more, but less than 100 grams, such
  184  person shall be sentenced to a mandatory minimum term of
  185  imprisonment of 10 15 years and shall be ordered to pay a fine
  186  of $500,000.
  187         c.d. Is 100 grams or more, but less than 30 kilograms, such
  188  person shall be sentenced to a mandatory minimum term of
  189  imprisonment of 15 25 years and shall be ordered to pay a fine
  190  of $750,000.
  191         d.A person convicted of a violation of this subparagraph
  192  in which the quantity involved was less than 100 grams may move
  193  the sentencing court to depart from the mandatory minimum term
  194  and, if applicable, any mandatory fine. The state attorney may
  195  file an objection to the motion. The sentencing court may depart
  196  from the mandatory minimum sentence if the court finds that
  197  imposition of the mandatory minimum sentence is not necessary
  198  for the protection of the public. However, the sentencing court
  199  may not impose a sentence lower than the lowest permissible
  200  sentence as calculated according to the total sentence points
  201  pursuant to s. 921.0024.
  202         4. A person who knowingly sells, purchases, manufactures,
  203  delivers, or brings into this state, or who is knowingly in
  204  actual or constructive possession of, 30 kilograms or more of
  205  any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
  206  any salt, derivative, isomer, or salt of an isomer thereof,
  207  including heroin, as described in s. 893.03(1)(b), (2)(a),
  208  (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
  209  containing any such substance, commits the first degree felony
  210  of trafficking in illegal drugs. A person who has been convicted
  211  of the first degree felony of trafficking in illegal drugs under
  212  this subparagraph shall be punished by life imprisonment and is
  213  ineligible for any form of discretionary early release except
  214  pardon or executive clemency or conditional medical release
  215  under s. 947.149. However, if the court determines that, in
  216  addition to committing any act specified in this paragraph:
  217         a. The person intentionally killed an individual or
  218  counseled, commanded, induced, procured, or caused the
  219  intentional killing of an individual and such killing was the
  220  result; or
  221         b. The person’s conduct in committing that act led to a
  222  natural, though not inevitable, lethal result,
  223  
  224  such person commits the capital felony of trafficking in illegal
  225  drugs, punishable as provided in ss. 775.082 and 921.142. A
  226  person sentenced for a capital felony under this paragraph shall
  227  also be sentenced to pay the maximum fine provided under
  228  subparagraph 1.
  229         5. A person who knowingly brings into this state 60
  230  kilograms or more of any morphine, opium, oxycodone,
  231  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
  232  salt of an isomer thereof, including heroin, as described in s.
  233  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
  234  more of any mixture containing any such substance, and who knows
  235  that the probable result of such importation would be the death
  236  of a person, commits capital importation of illegal drugs, a
  237  capital felony punishable as provided in ss. 775.082 and
  238  921.142. A person sentenced for a capital felony under this
  239  paragraph shall also be sentenced to pay the maximum fine
  240  provided under subparagraph 1.
  241         Section 2. Paragraph (b) of subsection (1) of section
  242  921.0024, Florida Statutes, is amended to read:
  243         921.0024 Criminal Punishment Code; worksheet computations;
  244  scoresheets.—
  245         (1)
  246         (b) WORKSHEET KEY:
  247  
  248  Legal status points are assessed when any form of legal status
  249  existed at the time the offender committed an offense before the
  250  court for sentencing. Four (4) sentence points are assessed for
  251  an offender’s legal status.
  252  
  253  Community sanction violation points are assessed when a
  254  community sanction violation is before the court for sentencing.
  255  Six (6) sentence points are assessed for each community sanction
  256  violation and each successive community sanction violation,
  257  unless any of the following apply:
  258         1. If the community sanction violation includes a new
  259  felony conviction before the sentencing court, twelve (12)
  260  community sanction violation points are assessed for the
  261  violation, and for each successive community sanction violation
  262  involving a new felony conviction.
  263         2. If the community sanction violation is committed by a
  264  violent felony offender of special concern as defined in s.
  265  948.06:
  266         a. Twelve (12) community sanction violation points are
  267  assessed for the violation and for each successive violation of
  268  felony probation or community control where:
  269         I. The violation does not include a new felony conviction;
  270  and
  271         II. The community sanction violation is not based solely on
  272  the probationer or offender’s failure to pay costs or fines or
  273  make restitution payments.
  274         b. Twenty-four (24) community sanction violation points are
  275  assessed for the violation and for each successive violation of
  276  felony probation or community control where the violation
  277  includes a new felony conviction.
  278  
  279  Multiple counts of community sanction violations before the
  280  sentencing court shall not be a basis for multiplying the
  281  assessment of community sanction violation points.
  282  
  283  Prior serious felony points: If the offender has a primary
  284  offense or any additional offense ranked in level 8, level 9, or
  285  level 10, and one or more prior serious felonies, a single
  286  assessment of thirty (30) points shall be added. For purposes of
  287  this section, a prior serious felony is an offense in the
  288  offender’s prior record that is ranked in level 8, level 9, or
  289  level 10 under s. 921.0022 or s. 921.0023 and for which the
  290  offender is serving a sentence of confinement, supervision, or
  291  other sanction or for which the offender’s date of release from
  292  confinement, supervision, or other sanction, whichever is later,
  293  is within 3 years before the date the primary offense or any
  294  additional offense was committed.
  295  
  296  Prior capital felony points: If the offender has one or more
  297  prior capital felonies in the offender’s criminal record, points
  298  shall be added to the subtotal sentence points of the offender
  299  equal to twice the number of points the offender receives for
  300  the primary offense and any additional offense. A prior capital
  301  felony in the offender’s criminal record is a previous capital
  302  felony offense for which the offender has entered a plea of nolo
  303  contendere or guilty or has been found guilty; or a felony in
  304  another jurisdiction which is a capital felony in that
  305  jurisdiction, or would be a capital felony if the offense were
  306  committed in this state.
  307  
  308  Possession of a firearm, semiautomatic firearm, or machine gun:
  309  If the offender is convicted of committing or attempting to
  310  commit any felony other than those enumerated in s. 775.087(2)
  311  while having in his or her possession: a firearm as defined in
  312  s. 790.001(6), an additional eighteen (18) sentence points are
  313  assessed; or if the offender is convicted of committing or
  314  attempting to commit any felony other than those enumerated in
  315  s. 775.087(3) while having in his or her possession a
  316  semiautomatic firearm as defined in s. 775.087(3) or a machine
  317  gun as defined in s. 790.001(9), an additional twenty-five (25)
  318  sentence points are assessed.
  319  
  320  Sentencing multipliers:
  321  
  322  Drug trafficking: If the primary offense is drug trafficking
  323  under s. 893.135, the subtotal sentence points are multiplied,
  324  at the discretion of the court, for a level 7 or level 8
  325  offense, by 2 1.5. The state attorney may move the sentencing
  326  court to reduce or suspend the sentence of a person convicted of
  327  a level 7 or level 8 offense, if the offender provides
  328  substantial assistance as described in s. 893.135(4).
  329  
  330  Law enforcement protection: If the primary offense is a
  331  violation of the Law Enforcement Protection Act under s.
  332  775.0823(2), (3), or (4), the subtotal sentence points are
  333  multiplied by 2.5. If the primary offense is a violation of s.
  334  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  335  are multiplied by 2.0. If the primary offense is a violation of
  336  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  337  Protection Act under s. 775.0823(10) or (11), the subtotal
  338  sentence points are multiplied by 1.5.
  339  
  340  Grand theft of a motor vehicle: If the primary offense is grand
  341  theft of the third degree involving a motor vehicle and in the
  342  offender’s prior record, there are three or more grand thefts of
  343  the third degree involving a motor vehicle, the subtotal
  344  sentence points are multiplied by 1.5.
  345  
  346  Offense related to a criminal gang: If the offender is convicted
  347  of the primary offense and committed that offense for the
  348  purpose of benefiting, promoting, or furthering the interests of
  349  a criminal gang as defined in s. 874.03, the subtotal sentence
  350  points are multiplied by 1.5. If applying the multiplier results
  351  in the lowest permissible sentence exceeding the statutory
  352  maximum sentence for the primary offense under chapter 775, the
  353  court may not apply the multiplier and must sentence the
  354  defendant to the statutory maximum sentence.
  355  
  356  Domestic violence in the presence of a child: If the offender is
  357  convicted of the primary offense and the primary offense is a
  358  crime of domestic violence, as defined in s. 741.28, which was
  359  committed in the presence of a child under 16 years of age who
  360  is a family or household member as defined in s. 741.28(3) with
  361  the victim or perpetrator, the subtotal sentence points are
  362  multiplied by 1.5.
  363  
  364  Adult-on-minor sex offense: If the offender was 18 years of age
  365  or older and the victim was younger than 18 years of age at the
  366  time the offender committed the primary offense, and if the
  367  primary offense was an offense committed on or after October 1,
  368  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  369  violation involved a victim who was a minor and, in the course
  370  of committing that violation, the defendant committed a sexual
  371  battery under chapter 794 or a lewd act under s. 800.04 or s.
  372  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  373  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  374  800.04; or s. 847.0135(5), the subtotal sentence points are
  375  multiplied by 2.0. If applying the multiplier results in the
  376  lowest permissible sentence exceeding the statutory maximum
  377  sentence for the primary offense under chapter 775, the court
  378  may not apply the multiplier and must sentence the defendant to
  379  the statutory maximum sentence.
  380         Section 3. Paragraphs (g), (h), and (i) of subsection (3)
  381  of section 921.0022, Florida Statutes, are amended to read:
  382         921.0022 Criminal Punishment Code; offense severity ranking
  383  chart.—
  384         (3) OFFENSE SEVERITY RANKING CHART
  385         (g) LEVEL 7
  386  
  387  FloridaStatute    FelonyDegree           Description            
  388  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
  389  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  390  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.
  391  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  392  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  393  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  394  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  395  456.065(2)           3rd   Practicing a health care profession without a license.
  396  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  397  458.327(1)           3rd   Practicing medicine without a license.
  398  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  399  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  400  461.012(1)           3rd   Practicing podiatric medicine without a license.
  401  462.17               3rd   Practicing naturopathy without a license.
  402  463.015(1)           3rd   Practicing optometry without a license.
  403  464.016(1)           3rd   Practicing nursing without a license.
  404  465.015(2)           3rd   Practicing pharmacy without a license.
  405  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  406  467.201              3rd   Practicing midwifery without a license.
  407  468.366              3rd   Delivering respiratory care services without a license.
  408  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  409  483.901(7)           3rd   Practicing medical physics without a license.
  410  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  411  484.053              3rd   Dispensing hearing aids without a license.
  412  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.
  413  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.
  414  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  415  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  416  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  417  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  418  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  419  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  420  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  421  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  422  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  423  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  424  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  425  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  426  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  427  784.048(7)           3rd   Aggravated stalking; violation of court order.
  428  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  429  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  430  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  431  784.081(1)           1st   Aggravated battery on specified official or employee.
  432  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  433  784.083(1)           1st   Aggravated battery on code inspector.
  434  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
  435  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.
  436  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  437  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  438  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  439  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  440  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  441  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  442  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  443  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.
  444  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
  445  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
  446  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  447  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.
  448  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.
  449  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  450  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  451  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  452  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  453  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  454  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.
  455  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  456  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  457  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  458  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  459  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  460  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  461  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  462  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  463  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  464  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  465  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  466  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.
  467  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  468  817.611(2)(b)        2nd   Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  469  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  470  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.
  471  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  472  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  473  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  474  838.015              2nd   Bribery.                          
  475  838.016              2nd   Unlawful compensation or reward for official behavior.
  476  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  477  838.22               2nd   Bid tampering.                    
  478  843.0855(2)          3rd   Impersonation of a public officer or employee.
  479  843.0855(3)          3rd   Unlawful simulation of legal process.
  480  843.0855(4)          3rd   Intimidation of a public officer or employee.
  481  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  482  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  483  872.06               2nd   Abuse of a dead human body.       
  484  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  485  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  486  893.13(1)(c)1.       1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  487  893.13(1)(e)1.       1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  488  893.13(4)(a)         1st   Use or hire of minor; deliver to minor other controlled substance.
  489  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  490  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 50 28 grams, less than 300 200 grams.
  491  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  492  893.135(1)(c)2.a.   1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  493  893.135(1)(c)2.a. 893.135(1)(c)2.b.   1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  494  893.135(1)(c)3.a.   1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  495  893.135(1)(c)3.a. 893.135(1)(c)3.b.   1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  496  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  497  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  498  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  499  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  500  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  501  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  502  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  503  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  504  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  505  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  506  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  507  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  508  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  509  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  510  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  511  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  512  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  513  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  514  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  515  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  516  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  517  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  518         (h) LEVEL 8
  519  
  520  FloridaStatute    FelonyDegree           Description            
  521  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  522  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  523  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  524  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  525  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  526  560.123(8)(b)2.      2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  527  560.125(5)(b)        2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  528  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  529  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  530  782.04(4)            2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  531  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  532  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  533  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  534  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
  535  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
  536  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
  537  787.06(3)(e)1.       1st   Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
  538  787.06(3)(f)2.       1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
  539  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  540  794.011(5)(a)        1st   Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
  541  794.011(5)(b)        2nd   Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
  542  794.011(5)(c)        2nd   Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
  543  794.011(5)(d)        1st   Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
  544  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  545  800.04(4)(b)         2nd   Lewd or lascivious battery.       
  546  800.04(4)(c)         1st   Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  547  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  548  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  549  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  550  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  551  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  552  812.13(2)(b)         1st   Robbery with a weapon.            
  553  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  554  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  555  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  556  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  557  817.535(5)(a)        2nd   Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  558  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  559  817.611(2)(c)        1st   Traffic in or possess 50 or more counterfeit credit cards or related documents.
  560  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  561  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  562  825.103(3)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
  563  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  564  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  565  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  566  860.16               1st   Aircraft piracy.                  
  567  893.13(1)(b)         1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  568  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  569  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  570  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  571  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 300 200 grams, less than 500 400 grams.
  572  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  573  893.135(1)(c)2.b. 893.135(1)(c)2.c.   1st   Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
  574  893.135(1)(c)3.b. 893.135(1)(c)3.c.   1st   Trafficking in oxycodone, 25 grams or more, less than 100 grams.
  575  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  576  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  577  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  578  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  579  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  580  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  581  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  582  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  583  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  584  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  585  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  586  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  587  896.104(4)(a)2.      2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  588         (i) LEVEL 9
  589  
  590  FloridaStatute    FelonyDegree           Description            
  591  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  592  327.35 (3)(c)3.b.    1st   BUI manslaughter; failing to render aid or give information.
  593  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more.
  594  499.0051(8)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  595  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  596  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  597  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  598  775.0844             1st   Aggravated white collar crime.    
  599  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  600  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  601  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  602  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  603  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  604  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  605  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  606  787.02(3)(a)       1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  607  787.06(3)(c)1.       1st   Human trafficking for labor and services of an unauthorized alien child.
  608  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
  609  787.06(3)(f)1.     1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
  610  790.161              1st   Attempted capital destructive device offense.
  611  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  612  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  613  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  614  794.011(4)(a)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
  615  794.011(4)(b)        1st   Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  616  794.011(4)(c)        1st   Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  617  794.011(4)(d)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  618  794.011(8)(b)      1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  619  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  620  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  621  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  622  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  623  812.135(2)(b)        1st   Home-invasion robbery with weapon.
  624  817.535(3)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  625  817.535(4)(a)2.      1st   Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  626  817.535(5)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  627  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  628  827.03(2)(a)         1st   Aggravated child abuse.           
  629  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  630  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  631  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  632  893.135              1st   Attempted capital trafficking offense.
  633  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  634  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 500 400 grams, less than 150 kilograms.
  635  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  636  893.135(1)(c)2.c. 893.135(1)(c)2.d.   1st   Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
  637  893.135(1)(c)3.c. 893.135(1)(c)3.d.   1st   Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
  638  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  639  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  640  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  641  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  642  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  643  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  644  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  645  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  646         Section 4. This act shall take effect October 1, 2017.

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