Bill Text: FL S1456 | 2023 | Regular Session | Comm Sub
Bill Title: Firearm Offenses
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/HB 1465 (Ch. 2023-87) [S1456 Detail]
Download: Florida-2023-S1456-Comm_Sub.html
Florida Senate - 2023 CS for SB 1456
By the Committee on Fiscal Policy; and Senator Avila
594-03812-23 20231456c1
1 A bill to be entitled
2 An act relating to firearm offenses; amending s.
3 775.087, F.S.; adding the conviction for committing or
4 the attempt to commit a felony offense of human
5 trafficking to the list of offenses during the
6 commission of which if a person possesses a firearm,
7 destructive device, a semiautomatic firearm and its
8 high-capacity detachable box magazine, or a machine
9 gun, such person is subject to a specified mandatory
10 minimum term of imprisonment; conforming provisions to
11 changes made by the act; amending s. 790.22, F.S.;
12 increasing the maximum number of days of detention
13 that a minor who violates specified provisions for a
14 first, second, or subsequent offense may serve in a
15 secure detention facility; amending s. 812.014, F.S.;
16 increasing the criminal penalties and providing that
17 it is grand theft of the second degree if the property
18 stolen is a firearm and the offender has previously
19 been convicted for grand theft of a firearm under a
20 specified provision; conforming a provision to changes
21 made by the act; amending s. 985.24, F.S.; requiring
22 consideration of a juvenile’s use of a firearm when
23 determining detention; amending s. 985.245, F.S.;
24 requiring the juvenile risk assessment instrument to
25 consider a juvenile’s unlawful use of a firearm;
26 amending s. 985.25, F.S.; requiring a juvenile charged
27 with an offense involving the possession or use of a
28 firearm to be placed in secure detention care at a
29 specified hearing; amending s. 985.26, F.S.;
30 authorizing a court to extend the length of secure
31 detention if a child is charged with an offense
32 involving the possession or use of a firearm; amending
33 s. 921.0022, F.S.; ranking offenses on the offense
34 severity ranking chart of the Criminal Punishment
35 Code; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Paragraph (a) of subsection (2) and paragraph
40 (a) of subsection (3) of section 775.087, Florida Statutes, are
41 amended to read:
42 775.087 Possession or use of weapon; aggravated battery;
43 felony reclassification; minimum sentence.—
44 (2)(a)1. Any person who is convicted of a felony or an
45 attempt to commit a felony, regardless of whether the use of a
46 weapon is an element of the felony, and the conviction was for:
47 a. Murder;
48 b. Sexual battery;
49 c. Robbery;
50 d. Burglary;
51 e. Arson;
52 f. Aggravated battery;
53 g. Kidnapping;
54 h. Escape;
55 i. Aircraft piracy;
56 j. Aggravated child abuse;
57 k. Aggravated abuse of an elderly person or disabled adult;
58 l. Unlawful throwing, placing, or discharging of a
59 destructive device or bomb;
60 m. Carjacking;
61 n. Home-invasion robbery;
62 o. Aggravated stalking;
63 p. Trafficking in cannabis, trafficking in cocaine, capital
64 importation of cocaine, trafficking in illegal drugs, capital
65 importation of illegal drugs, trafficking in phencyclidine,
66 capital importation of phencyclidine, trafficking in
67 methaqualone, capital importation of methaqualone, trafficking
68 in amphetamine, capital importation of amphetamine, trafficking
69 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
70 (GHB), trafficking in 1,4-Butanediol, trafficking in
71 Phenethylamines, or other violation of s. 893.135(1); or
72 q. Human trafficking; or
73 r. Possession of a firearm by a felon;
74
75 and during the commission of the offense, such person actually
76 possessed a “firearm” or “destructive device” as those terms are
77 defined in s. 790.001, shall be sentenced to a minimum term of
78 imprisonment of 10 years, except that a person who is convicted
79 for possession of a firearm by a felon or burglary of a
80 conveyance shall be sentenced to a minimum term of imprisonment
81 of 3 years if such person possessed a “firearm” or “destructive
82 device” during the commission of the offense. However, if an
83 offender who is convicted of the offense of possession of a
84 firearm by a felon has a previous conviction of committing or
85 attempting to commit a felony listed in s. 775.084(1)(b)1. and
86 actually possessed a firearm or destructive device during the
87 commission of the prior felony, the offender shall be sentenced
88 to a minimum term of imprisonment of 10 years.
89 2. Any person who is convicted of a felony or an attempt to
90 commit a felony listed in sub-subparagraphs 1.a.-q. sub
91 subparagraphs (a)1.a.-p., regardless of whether the use of a
92 weapon is an element of the felony, and during the course of the
93 commission of the felony such person discharged a “firearm” or
94 “destructive device” as defined in s. 790.001 shall be sentenced
95 to a minimum term of imprisonment of 20 years.
96 3. Any person who is convicted of a felony or an attempt to
97 commit a felony listed in sub-subparagraphs 1.a.-q. sub
98 subparagraphs (a)1.a.-p., regardless of whether the use of a
99 weapon is an element of the felony, and during the course of the
100 commission of the felony such person discharged a “firearm” or
101 “destructive device” as defined in s. 790.001 and, as the result
102 of the discharge, death or great bodily harm was inflicted upon
103 any person, the convicted person shall be sentenced to a minimum
104 term of imprisonment of not less than 25 years and not more than
105 a term of imprisonment of life in prison.
106 (3)(a)1. Any person who is convicted of a felony or an
107 attempt to commit a felony, regardless of whether the use of a
108 firearm is an element of the felony, and the conviction was for:
109 a. Murder;
110 b. Sexual battery;
111 c. Robbery;
112 d. Burglary;
113 e. Arson;
114 f. Aggravated battery;
115 g. Kidnapping;
116 h. Escape;
117 i. Sale, manufacture, delivery, or intent to sell,
118 manufacture, or deliver any controlled substance;
119 j. Aircraft piracy;
120 k. Aggravated child abuse;
121 l. Aggravated abuse of an elderly person or disabled adult;
122 m. Unlawful throwing, placing, or discharging of a
123 destructive device or bomb;
124 n. Carjacking;
125 o. Home-invasion robbery;
126 p. Aggravated stalking; or
127 q. Trafficking in cannabis, trafficking in cocaine, capital
128 importation of cocaine, trafficking in illegal drugs, capital
129 importation of illegal drugs, trafficking in phencyclidine,
130 capital importation of phencyclidine, trafficking in
131 methaqualone, capital importation of methaqualone, trafficking
132 in amphetamine, capital importation of amphetamine, trafficking
133 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
134 (GHB), trafficking in 1,4-Butanediol, trafficking in
135 Phenethylamines, or other violation of s. 893.135(1); or
136 r. Human trafficking;
137
138 and during the commission of the offense, such person possessed
139 a semiautomatic firearm and its high-capacity detachable box
140 magazine or a machine gun as defined in s. 790.001, shall be
141 sentenced to a minimum term of imprisonment of 15 years.
142 2. Any person who is convicted of a felony or an attempt to
143 commit a felony listed in subparagraph 1. subparagraph (a)1.,
144 regardless of whether the use of a weapon is an element of the
145 felony, and during the course of the commission of the felony
146 such person discharged a semiautomatic firearm and its high
147 capacity box magazine or a “machine gun” as defined in s.
148 790.001 shall be sentenced to a minimum term of imprisonment of
149 20 years.
150 3. Any person who is convicted of a felony or an attempt to
151 commit a felony listed in subparagraph 1. subparagraph (a)1.,
152 regardless of whether the use of a weapon is an element of the
153 felony, and during the course of the commission of the felony
154 such person discharged a semiautomatic firearm and its high
155 capacity box magazine or a “machine gun” as defined in s.
156 790.001 and, as the result of the discharge, death or great
157 bodily harm was inflicted upon any person, the convicted person
158 shall be sentenced to a minimum term of imprisonment of not less
159 than 25 years and not more than a term of imprisonment of life
160 in prison.
161 Section 2. Subsection (5) of section 790.22, Florida
162 Statutes, is amended, and subsection (3) of that section is
163 republished, to read:
164 790.22 Use of BB guns, air or gas-operated guns, or
165 electric weapons or devices by minor under 16; limitation;
166 possession of firearms by minor under 18 prohibited; penalties.—
167 (3) A minor under 18 years of age may not possess a
168 firearm, other than an unloaded firearm at his or her home,
169 unless:
170 (a) The minor is engaged in a lawful hunting activity and
171 is:
172 1. At least 16 years of age; or
173 2. Under 16 years of age and supervised by an adult.
174 (b) The minor is engaged in a lawful marksmanship
175 competition or practice or other lawful recreational shooting
176 activity and is:
177 1. At least 16 years of age; or
178 2. Under 16 years of age and supervised by an adult who is
179 acting with the consent of the minor’s parent or guardian.
180 (c) The firearm is unloaded and is being transported by the
181 minor directly to or from an event authorized in paragraph (a)
182 or paragraph (b).
183 (5)(a) A minor who violates subsection (3) commits a
184 misdemeanor of the first degree; for a first offense, may serve
185 a period of detention of up to 5 3 days in a secure detention
186 facility; and, in addition to any other penalty provided by law,
187 shall be required to perform 100 hours of community service;
188 and:
189 1. If the minor is eligible by reason of age for a driver
190 license or driving privilege, the court may direct the
191 Department of Highway Safety and Motor Vehicles to revoke or to
192 withhold issuance of the minor’s driver license or driving
193 privilege for up to 1 year.
194 2. If the minor’s driver license or driving privilege is
195 under suspension or revocation for any reason, the court may
196 direct the Department of Highway Safety and Motor Vehicles to
197 extend the period of suspension or revocation by an additional
198 period of up to 1 year.
199 3. If the minor is ineligible by reason of age for a driver
200 license or driving privilege, the court may direct the
201 Department of Highway Safety and Motor Vehicles to withhold
202 issuance of the minor’s driver license or driving privilege for
203 up to 1 year after the date on which the minor would otherwise
204 have become eligible.
205 (b) For a second or subsequent offense, a minor who
206 violates subsection (3) commits a felony of the third degree and
207 shall serve a period of detention of up to 21 15 days in a
208 secure detention facility and shall be required to perform not
209 less than 100 nor more than 250 hours of community service, and:
210 1. If the minor is eligible by reason of age for a driver
211 license or driving privilege, the court may direct the
212 Department of Highway Safety and Motor Vehicles to revoke or to
213 withhold issuance of the minor’s driver license or driving
214 privilege for up to 2 years.
215 2. If the minor’s driver license or driving privilege is
216 under suspension or revocation for any reason, the court may
217 direct the Department of Highway Safety and Motor Vehicles to
218 extend the period of suspension or revocation by an additional
219 period of up to 2 years.
220 3. If the minor is ineligible by reason of age for a driver
221 license or driving privilege, the court may direct the
222 Department of Highway Safety and Motor Vehicles to withhold
223 issuance of the minor’s driver license or driving privilege for
224 up to 2 years after the date on which the minor would otherwise
225 have become eligible.
226
227 For the purposes of this subsection, community service shall be
228 performed, if possible, in a manner involving a hospital
229 emergency room or other medical environment that deals on a
230 regular basis with trauma patients and gunshot wounds.
231 Section 3. Subsection (2) of section 812.014, Florida
232 Statutes, is amended to read:
233 812.014 Theft.—
234 (2)(a)1. If the property stolen is valued at $100,000 or
235 more or is a semitrailer that was deployed by a law enforcement
236 officer; or
237 2. If the property stolen is cargo valued at $50,000 or
238 more that has entered the stream of interstate or intrastate
239 commerce from the shipper’s loading platform to the consignee’s
240 receiving dock; or
241 3. If the offender commits any grand theft and:
242 a. In the course of committing the offense the offender
243 uses a motor vehicle as an instrumentality, other than merely as
244 a getaway vehicle, to assist in committing the offense and
245 thereby damages the real property of another; or
246 b. In the course of committing the offense the offender
247 causes damage to the real or personal property of another in
248 excess of $1,000,
249
250 the offender commits grand theft in the first degree, punishable
251 as a felony of the first degree, as provided in s. 775.082, s.
252 775.083, or s. 775.084.
253 (b)1. If the property stolen is valued at $20,000 or more,
254 but less than $100,000;
255 2. If the property stolen is cargo valued at less than
256 $50,000 that has entered the stream of interstate or intrastate
257 commerce from the shipper’s loading platform to the consignee’s
258 receiving dock;
259 3. If the property stolen is emergency medical equipment,
260 valued at $300 or more, that is taken from a facility licensed
261 under chapter 395 or from an aircraft or vehicle permitted under
262 chapter 401; or
263 4. If the property stolen is law enforcement equipment,
264 valued at $300 or more, that is taken from an authorized
265 emergency vehicle, as defined in s. 316.003,
266
267 the offender commits grand theft in the second degree,
268 punishable as a felony of the second degree, as provided in s.
269 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
270 means mechanical or electronic apparatus used to provide
271 emergency services and care as defined in s. 395.002(9) or to
272 treat medical emergencies. Law enforcement equipment means any
273 property, device, or apparatus used by any law enforcement
274 officer as defined in s. 943.10 in the officer’s official
275 business. However, if the property is stolen during a riot or an
276 aggravated riot prohibited under s. 870.01 and the perpetration
277 of the theft is facilitated by conditions arising from the riot;
278 or within a county that is subject to a state of emergency
279 declared by the Governor under chapter 252, the theft is
280 committed after the declaration of emergency is made, and the
281 perpetration of the theft is facilitated by conditions arising
282 from the emergency, the theft is a felony of the first degree,
283 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
284 As used in this paragraph, the term “conditions arising from the
285 riot” means civil unrest, power outages, curfews, or a reduction
286 in the presence of or response time for first responders or
287 homeland security personnel and the term “conditions arising
288 from the emergency” means civil unrest, power outages, curfews,
289 voluntary or mandatory evacuations, or a reduction in the
290 presence of or response time for first responders or homeland
291 security personnel. A person arrested for committing a theft
292 during a riot or an aggravated riot or within a county that is
293 subject to a state of emergency may not be released until the
294 person appears before a committing magistrate at a first
295 appearance hearing. For purposes of sentencing under chapter
296 921, a felony offense that is reclassified under this paragraph
297 is ranked one level above the ranking under s. 921.0022 or s.
298 921.0023 of the offense committed.
299 (c) It is grand theft of the third degree and a felony of
300 the third degree, punishable as provided in s. 775.082, s.
301 775.083, or s. 775.084, if the property stolen is:
302 1. Valued at $750 or more, but less than $5,000.
303 2. Valued at $5,000 or more, but less than $10,000.
304 3. Valued at $10,000 or more, but less than $20,000.
305 4. A will, codicil, or other testamentary instrument.
306 5. A firearm, except as provided in paragraph (f).
307 6. A motor vehicle, except as provided in paragraph (a).
308 7. Any commercially farmed animal, including any animal of
309 the equine, avian, bovine, or swine class or other grazing
310 animal; a bee colony of a registered beekeeper; and aquaculture
311 species raised at a certified aquaculture facility. If the
312 property stolen is a commercially farmed animal, including an
313 animal of the equine, avian, bovine, or swine class or other
314 grazing animal; a bee colony of a registered beekeeper; or an
315 aquaculture species raised at a certified aquaculture facility,
316 a $10,000 fine shall be imposed.
317 8. Any fire extinguisher that, at the time of the taking,
318 was installed in any building for the purpose of fire prevention
319 and control. This subparagraph does not apply to a fire
320 extinguisher taken from the inventory at a point-of-sale
321 business.
322 9. Any amount of citrus fruit consisting of 2,000 or more
323 individual pieces of fruit.
324 10. Taken from a designated construction site identified by
325 the posting of a sign as provided for in s. 810.09(2)(d).
326 11. Any stop sign.
327 12. Anhydrous ammonia.
328 13. Any amount of a controlled substance as defined in s.
329 893.02. Notwithstanding any other law, separate judgments and
330 sentences for theft of a controlled substance under this
331 subparagraph and for any applicable possession of controlled
332 substance offense under s. 893.13 or trafficking in controlled
333 substance offense under s. 893.135 may be imposed when all such
334 offenses involve the same amount or amounts of a controlled
335 substance.
336
337 However, if the property is stolen during a riot or an
338 aggravated riot prohibited under s. 870.01 and the perpetration
339 of the theft is facilitated by conditions arising from the riot;
340 or within a county that is subject to a state of emergency
341 declared by the Governor under chapter 252, the property is
342 stolen after the declaration of emergency is made, and the
343 perpetration of the theft is facilitated by conditions arising
344 from the emergency, the offender commits a felony of the second
345 degree, punishable as provided in s. 775.082, s. 775.083, or s.
346 775.084, if the property is valued at $5,000 or more, but less
347 than $10,000, as provided under subparagraph 2., or if the
348 property is valued at $10,000 or more, but less than $20,000, as
349 provided under subparagraph 3. As used in this paragraph, the
350 terms “conditions arising from a riot” and “conditions arising
351 from the emergency” have the same meanings as provided in
352 paragraph (b). A person arrested for committing a theft during a
353 riot or an aggravated riot or within a county that is subject to
354 a state of emergency may not be released until the person
355 appears before a committing magistrate at a first appearance
356 hearing. For purposes of sentencing under chapter 921, a felony
357 offense that is reclassified under this paragraph is ranked one
358 level above the ranking under s. 921.0022 or s. 921.0023 of the
359 offense committed.
360 (d) It is grand theft of the third degree and a felony of
361 the third degree, punishable as provided in s. 775.082, s.
362 775.083, or s. 775.084, if the property stolen is valued at $100
363 or more, but less than $750, and is taken from a dwelling as
364 defined in s. 810.011(2) or from the unenclosed curtilage of a
365 dwelling pursuant to s. 810.09(1).
366 (e) Except as provided in paragraph (d), if the property
367 stolen is valued at $100 or more, but less than $750, the
368 offender commits petit theft of the first degree, punishable as
369 a misdemeanor of the first degree, as provided in s. 775.082 or
370 s. 775.083.
371 (f) It is grand theft of the second degree and a felony of
372 the second degree, punishable as provided in s. 775.082, s.
373 775.083, or s. 775.084, if the property stolen is a firearm and
374 the offender has previously been convicted of grand theft of a
375 firearm under subparagraph (c)5.
376 Section 4. Paragraph (b) of subsection (1) of section
377 985.24, Florida Statutes, is amended to read:
378 985.24 Use of detention; prohibitions.—
379 (1) All determinations and court orders regarding the use
380 of detention care shall be based primarily upon findings that
381 the child:
382 (b) Presents a substantial risk of inflicting bodily harm
383 on others as evidenced by recent behavior, including the illegal
384 possession or use of a firearm;
385 Section 5. Paragraph (b) of subsection (2) of section
386 985.245, Florida Statutes, is amended to read:
387 985.245 Risk assessment instrument.—
388 (2)
389 (b) The risk assessment instrument shall take into
390 consideration, but need not be limited to, pending felony and
391 misdemeanor offenses, offenses committed pending adjudication,
392 prior offenses, unlawful possession or use of a firearm, prior
393 history of failure to appear, violations of supervision, and
394 supervision status at the time the child is taken into custody.
395 The risk assessment instrument shall also take into
396 consideration all statutory mandates for detention care. The
397 risk assessment instrument shall also include any information
398 concerning the child’s history of abuse and neglect. The risk
399 assessment shall indicate whether detention care is warranted,
400 and, if detention care is warranted, whether the child should be
401 placed into secure or supervised release detention care.
402 Section 6. Paragraph (b) of subsection (1) of section
403 985.25, Florida Statutes, is amended to read:
404 985.25 Detention intake.—
405 (1) The department shall receive custody of a child who has
406 been taken into custody from the law enforcement agency or court
407 and shall review the facts in the law enforcement report or
408 probable cause affidavit and make such further inquiry as may be
409 necessary to determine whether detention care is appropriate.
410 (b) The department shall base the decision whether to place
411 the child into detention care on an assessment of risk in
412 accordance with the risk assessment instrument and procedures
413 developed by the department under s. 985.245, except that a
414 child shall be placed in secure detention care until the child’s
415 detention hearing if the child meets the criteria specified in
416 s. 985.255(1)(f), or is charged with possessing or discharging a
417 firearm on school property in violation of s. 790.115, or is
418 charged with any other offense involving the possession or use
419 of a firearm.
420
421 Under no circumstances shall the department or the state
422 attorney or law enforcement officer authorize the detention of
423 any child in a jail or other facility intended or used for the
424 detention of adults, without an order of the court.
425 Section 7. Paragraph (b) of subsection (2) of section
426 985.26, Florida Statutes, is amended to read:
427 985.26 Length of detention.—
428 (2)
429 (b) Upon good cause being shown that the nature of the
430 charge requires additional time for the prosecution or defense
431 of the case or that the totality of the circumstances, including
432 the preservation of public safety, warrants an extension, the
433 court may extend the length of secure detention care for up to
434 an additional 21 days if the child is charged with an offense
435 which, if committed by an adult, would be a capital felony, a
436 life felony, a felony of the first degree or the second degree,
437 or a felony of the third degree involving violence against any
438 individual, or any other offense involving the possession or use
439 of a firearm. The court may continue to extend the period of
440 secure detention care in increments of up to 21 days each by
441 conducting a hearing before the expiration of the current period
442 to determine the need for continued secure detention of the
443 child. At the hearing, the court must make the required findings
444 in writing to extend the period of secure detention. If the
445 court extends the time period for secure detention care, it
446 shall ensure an adjudicatory hearing for the case commences as
447 soon as is reasonably possible considering the totality of the
448 circumstances. The court shall prioritize the efficient
449 disposition of cases in which the child has served 60 or more
450 days in secure detention care.
451 Section 8. Paragraphs (d), (f), and (g) of subsection (3)
452 of section 921.0022, Florida Statutes, are amended to read:
453 921.0022 Criminal Punishment Code; offense severity ranking
454 chart.—
455 (3) OFFENSE SEVERITY RANKING CHART
456 (d) LEVEL 4
457
458 FloridaStatute FelonyDegree Description
459 316.1935(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.
460 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
461 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
462 517.07(1) 3rd Failure to register securities.
463 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
464 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
465 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
466 784.075 3rd Battery on detention or commitment facility staff.
467 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
468 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
469 784.081(3) 3rd Battery on specified official or employee.
470 784.082(3) 3rd Battery by detained person on visitor or other detainee.
471 784.083(3) 3rd Battery on code inspector.
472 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
473 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
474 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
475 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
476 787.07 3rd Human smuggling.
477 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
478 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
479 790.115(2)(c) 3rd Possessing firearm on school property.
480 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
481 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
482 806.135 2nd Destroying or demolishing a memorial or historic property.
483 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
484 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
485 810.06 3rd Burglary; possession of tools.
486 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
487 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
488 812.014 (2)(c)4. & 6.-10.812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
489 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
490 817.505(4)(a) 3rd Patient brokering.
491 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
492 817.568(2)(a) 3rd Fraudulent use of personal identification information.
493 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
494 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
495 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
496 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
497 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
498 837.02(1) 3rd Perjury in official proceedings.
499 837.021(1) 3rd Make contradictory statements in official proceedings.
500 838.022 3rd Official misconduct.
501 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
502 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
503 843.021 3rd Possession of a concealed handcuff key by a person in custody.
504 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
505 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
506 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
507 870.01(3) 2nd Aggravated rioting.
508 870.01(5) 2nd Aggravated inciting a riot.
509 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
510 893.13(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).
511 914.14(2) 3rd Witnesses accepting bribes.
512 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
513 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
514 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
515 918.12 3rd Tampering with jurors.
516 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
517 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
518 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
519 (f) LEVEL 6
520
521 FloridaStatute FelonyDegree Description
522 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
523 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
524 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
525 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
526 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
527 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
528 775.0875(1) 3rd Taking firearm from law enforcement officer.
529 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
530 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
531 784.041 3rd Felony battery; domestic battery by strangulation.
532 784.048(3) 3rd Aggravated stalking; credible threat.
533 784.048(5) 3rd Aggravated stalking of person under 16.
534 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
535 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
536 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
537 784.081(2) 2nd Aggravated assault on specified official or employee.
538 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
539 784.083(2) 2nd Aggravated assault on code inspector.
540 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
541 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
542 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
543 790.164(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.
544 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
545 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
546 794.05(1) 2nd Unlawful sexual activity with specified minor.
547 800.04(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.
548 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
549 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
550 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
551 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
552 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
553 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
554 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
555 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
556 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
557 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
558 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
559 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
560 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
561 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
562 825.102(1) 3rd Abuse of an elderly person or disabled adult.
563 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
564 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
565 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
566 827.03(2)(c) 3rd Abuse of a child.
567 827.03(2)(d) 3rd Neglect of a child.
568 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
569 828.126(3) 3rd Sexual activities involving animals.
570 836.05 2nd Threats; extortion.
571 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
572 843.12 3rd Aids or assists person to escape.
573 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
574 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
575 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
576 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
577 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
578 944.35(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.
579 944.40 2nd Escapes.
580 944.46 3rd Harboring, concealing, aiding escaped prisoners.
581 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
582 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
583 (g) LEVEL 7
584
585 FloridaStatute FelonyDegree Description
586 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
587 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
588 316.1935(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.
589 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
590 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
591 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
592 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
593 456.065(2) 3rd Practicing a health care profession without a license.
594 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
595 458.327(1) 3rd Practicing medicine without a license.
596 459.013(1) 3rd Practicing osteopathic medicine without a license.
597 460.411(1) 3rd Practicing chiropractic medicine without a license.
598 461.012(1) 3rd Practicing podiatric medicine without a license.
599 462.17 3rd Practicing naturopathy without a license.
600 463.015(1) 3rd Practicing optometry without a license.
601 464.016(1) 3rd Practicing nursing without a license.
602 465.015(2) 3rd Practicing pharmacy without a license.
603 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
604 467.201 3rd Practicing midwifery without a license.
605 468.366 3rd Delivering respiratory care services without a license.
606 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
607 483.901(7) 3rd Practicing medical physics without a license.
608 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
609 484.053 3rd Dispensing hearing aids without a license.
610 494.0018(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.
611 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
612 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
613 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
614 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
615 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
616 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
617 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
618 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
619 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
620 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
621 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
622 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
623 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
624 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
625 784.048(7) 3rd Aggravated stalking; violation of court order.
626 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
627 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
628 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
629 784.081(1) 1st Aggravated battery on specified official or employee.
630 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
631 784.083(1) 1st Aggravated battery on code inspector.
632 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
633 787.06(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.
634 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
635 790.16(1) 1st Discharge of a machine gun under specified circumstances.
636 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
637 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
638 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
639 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
640 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
641 794.08(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.
642 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
643 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
644 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
645 800.04(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.
646 800.04(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.
647 806.01(2) 2nd Maliciously damage structure by fire or explosive.
648 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
649 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
650 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
651 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
652 812.014(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.
653 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
654 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
655 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
656 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
657 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
658 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
659 812.131(2)(a) 2nd Robbery by sudden snatching.
660 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
661 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
662 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
663 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
664 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
665 817.2341 (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.
666 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
667 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
668 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
669 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
670 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
671 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
672 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
673 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
674 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
675 838.015 2nd Bribery.
676 838.016 2nd Unlawful compensation or reward for official behavior.
677 838.021(3)(a) 2nd Unlawful harm to a public servant.
678 838.22 2nd Bid tampering.
679 843.0855(2) 3rd Impersonation of a public officer or employee.
680 843.0855(3) 3rd Unlawful simulation of legal process.
681 843.0855(4) 3rd Intimidation of a public officer or employee.
682 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
683 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
684 872.06 2nd Abuse of a dead human body.
685 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
686 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
687 893.13(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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
688 893.13(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)5., within 1,000 feet of property used for religious services or a specified business site.
689 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
690 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
691 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
692 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
693 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
694 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
695 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
696 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
697 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
698 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
699 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
700 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
701 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
702 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
703 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
704 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
705 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
706 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
707 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
708 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
709 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
710 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
711 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
712 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
713 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
714 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
715 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
716 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
717 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
718 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
719 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
720 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
721 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
722 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
723 Section 9. This act shall take effect October 1, 2023.
