| 1 | A bill to be entitled |
| 2 | An act relating to money laundering; amending s. 560.103, |
| 3 | F.S.; defining the term "proceeds" for purposes of |
| 4 | provisions relating to money services businesses; amending |
| 5 | s. 560.125, F.S.; revising provisions relating to criminal |
| 6 | penalties for violations relating to money services |
| 7 | businesses; providing for aggregating transactions for the |
| 8 | purposes of determining the grade of offenses; amending s. |
| 9 | 655.50, F.S.; defining the term "proceeds" for purposes of |
| 10 | provisions relating to money laundering; revising |
| 11 | provisions relating to criminal penalties for violations |
| 12 | relating to money laundering; providing for aggregating |
| 13 | transactions for the purposes of determining the grade of |
| 14 | offenses; creating s. 895.011, F.S.; providing legislative |
| 15 | intent concerning construction of provisions relating to |
| 16 | offenses concerning racketeering and illegal debts; |
| 17 | amending s. 895.02, F.S.; defining the term "prosecuting |
| 18 | authority" for purposes of Florida RICO Act; creating s. |
| 19 | 895.041, F.S.; providing for criminal forfeitures for |
| 20 | violations of the Florida RICO Act; specifying property |
| 21 | and interests subject to forfeiture; authorizing a fine in |
| 22 | lieu of forfeiture; providing that title to property |
| 23 | subject to forfeiture vests in the state upon the |
| 24 | commission of the act giving rise to forfeiture; providing |
| 25 | that subsequent transfer of the property may be subject to |
| 26 | a special verdict of forfeiture; providing an exception; |
| 27 | providing for certain actions to preserve property for |
| 28 | forfeiture; providing for judgments of forfeiture; |
| 29 | providing for seizure of forfeited property; authorizing a |
| 30 | prosecuting authority to take specified actions in a |
| 31 | forfeiture proceeding; authorizing rulemaking by the |
| 32 | Attorney General; prohibiting certain actions by parties |
| 33 | claiming an interest in property subject to forfeiture; |
| 34 | providing exceptions; providing for discovery depositions; |
| 35 | providing for notice of orders of forfeiture; providing |
| 36 | for determination of claims of interest in forfeited |
| 37 | property; providing for forfeiture of other property of |
| 38 | the defendant up to the value of any property that is |
| 39 | protected or unavailable; amending s. 896.101, F.S.; |
| 40 | defining the term "proceeds" for purposes of Florida Money |
| 41 | Laundering Act; revising provisions relating to criminal |
| 42 | penalties for violations of the act; providing for |
| 43 | aggregating transactions for the purposes of determining |
| 44 | the grade of offenses; revising provisions relating to |
| 45 | subpoenas issued under specified provisions to prohibit, |
| 46 | if the subpoena contains a nondisclosure provision, |
| 47 | notification concerning the subpoena other than to an |
| 48 | attorney consulted by the person or entity whose testimony |
| 49 | is sought; providing for fines for violations of such |
| 50 | disclosure provisions; amending s. 923.03, F.S.; providing |
| 51 | that a judgment of forfeiture may not be entered in a |
| 52 | criminal proceeding unless the indictment or the |
| 53 | information provides notice that the defendant has an |
| 54 | interest in property that is subject to forfeiture; |
| 55 | amending s. 921.0022, F.S.; conforming cross-references; |
| 56 | providing an effective date. |
| 57 |
|
| 58 | Be It Enacted by the Legislature of the State of Florida: |
| 59 |
|
| 60 | Section 1. Subsections (28) through (30) of section |
| 61 | 560.103, Florida Statutes, are renumbered as subsections (29) |
| 62 | through (31), respectively, and a new subsection (28) is added |
| 63 | to that section to read: |
| 64 | 560.103 Definitions.-As used in this chapter, the term: |
| 65 | (28) "Proceeds" means any property derived from or |
| 66 | obtained or retained, directly or indirectly, through some form |
| 67 | of unlawful activity, including the gross receipts of such |
| 68 | activity. |
| 69 | Section 2. Subsection (5) of section 560.125, Florida |
| 70 | Statutes, is amended to read: |
| 71 | 560.125 Unlicensed activity; penalties.- |
| 72 | (5)(a) A person who violates this section, if the |
| 73 | violation involves: |
| 74 | 1.(a) Currency or payment instruments valued at more than |
| 75 | exceeding $300 but less than $20,000 in any 12-month period, |
| 76 | commits a felony of the third degree, punishable as provided in |
| 77 | s. 775.082, s. 775.083, or s. 775.084. |
| 78 | 2.(b) Currency or payment instruments valued at totaling |
| 79 | or exceeding $20,000 or more but less than $100,000 in any 12- |
| 80 | month period, commits a felony of the second degree, punishable |
| 81 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 82 | 3.(c) Currency or payment instruments valued at totaling |
| 83 | or exceeding $100,000 or more in any 12-month period, commits a |
| 84 | felony of the first degree, punishable as provided in s. |
| 85 | 775.082, s. 775.083, or s. 775.084. |
| 86 | (b) Amounts of value of separate transactions committed |
| 87 | pursuant to one scheme or course of conduct, whether the |
| 88 | transactions involve the same person or several persons, may be |
| 89 | aggregated in determining the grade of the offense. |
| 90 | Section 3. Paragraphs (f) and (g) of subsection (3) of |
| 91 | section 655.50, Florida Statutes, are redesignated as paragraphs |
| 92 | (g) and (h), respectively, a new paragraph (f) is added to that |
| 93 | subsection, and paragraph (b) of subsection (10) of that section |
| 94 | is amended, to read: |
| 95 | 655.50 Florida Control of Money Laundering in Financial |
| 96 | Institutions Act; reports of transactions involving currency or |
| 97 | monetary instruments; when required; purpose; definitions; |
| 98 | penalties.- |
| 99 | (3) As used in this section, the term: |
| 100 | (f) "Proceeds" means any property derived from or obtained |
| 101 | or retained, directly or indirectly, through some form of |
| 102 | unlawful activity, including the gross receipts of such |
| 103 | activity. |
| 104 | (10) |
| 105 | (b)1. A person who willfully violates or knowingly causes |
| 106 | another to violate any provision of this section, when the |
| 107 | violation involves: |
| 108 | a.1. Financial transactions valued at totaling or |
| 109 | exceeding $300 or more but less than $20,000 in any 12-month |
| 110 | period, commits is guilty of a felony of the third degree, |
| 111 | punishable as provided in s. 775.082 or s. 775.083; or |
| 112 | b.2. Financial transactions valued at totaling or |
| 113 | exceeding $20,000 or more but less than $100,000 commits in any |
| 114 | 12-month period is guilty of a felony of the second degree, |
| 115 | punishable as provided in s. 775.082 or s. 775.083; or |
| 116 | c.3. Financial transactions valued at totaling or |
| 117 | exceeding $100,000 or more commits in any 12-month period is |
| 118 | guilty of a felony of the first degree, punishable as provided |
| 119 | in s. 775.082 or s. 775.083. |
| 120 | 2. Amounts of value of separate transactions committed |
| 121 | pursuant to one scheme or course of conduct, whether the |
| 122 | transactions involve the same person or several persons, may be |
| 123 | aggregated in determining the grade of the offense. |
| 124 | Section 4. Section 895.011, Florida Statutes, is created |
| 125 | to read: |
| 126 | 895.011 Construction.-The provisions of this chapter shall |
| 127 | be liberally construed to achieve their remedial purposes of |
| 128 | curtailing racketeering activities and controlled substance |
| 129 | crimes and lessening the economic power of criminal |
| 130 | organizations engaged in patterns of racketeering activities in |
| 131 | this state. |
| 132 | Section 5. Subsection (13) is added to section 895.02, |
| 133 | Florida Statutes, to read: |
| 134 | 895.02 Definitions.-As used in ss. 895.01-895.08, the |
| 135 | term: |
| 136 | (13) "Prosecuting authority" means the Attorney General, |
| 137 | any state attorney, or the statewide prosecutor. |
| 138 | Section 6. Section 895.041, Florida Statutes, is created |
| 139 | to read: |
| 140 | 895.041 Criminal forfeiture.- |
| 141 | (1)(a) Upon conviction of a violation of s. 895.03, in |
| 142 | addition to any other sanction, the defendant shall forfeit to |
| 143 | the state, irrespective of any other provision of law, the |
| 144 | following: |
| 145 | 1. Any interest the person has acquired or maintained in |
| 146 | violation of s. 895.03. |
| 147 | 2. Any interest in, security of, claim against, or |
| 148 | property or contractual right of any kind affording a source of |
| 149 | influence over any enterprise that the person has established, |
| 150 | operated, controlled, or conducted, or participated in the |
| 151 | conduct of, in violation of s. 895.03. |
| 152 | 3. Any property constituting, or derived from, any |
| 153 | proceeds that the person obtained, directly or indirectly, from |
| 154 | racketeering activity or unlawful debt collection in violation |
| 155 | of s. 895.03. |
| 156 | (b) In imposing sentence on a person convicted of a |
| 157 | violation of s. 895.03, the court shall order, in addition to |
| 158 | any other sentence imposed, that the person forfeit all property |
| 159 | described in this subsection. In lieu of a forfeiture otherwise |
| 160 | authorized by this section, a defendant convicted of such a |
| 161 | violation who derives profits or other proceeds from the offense |
| 162 | may, in addition to any other fine authorized by law, be fined |
| 163 | not more than three times the gross profits or other proceeds. |
| 164 | (2) Property subject to criminal forfeiture under this |
| 165 | section includes: |
| 166 | (a) Real property, including things growing on, affixed |
| 167 | to, and found in land. |
| 168 | (b) Tangible and intangible personal property, including |
| 169 | rights, privileges, interests, claims, and securities. |
| 170 | (3) All right, title, and interest in property described |
| 171 | in subsection (1) vests in the state upon the commission of the |
| 172 | act giving rise to forfeiture under this section. Any such |
| 173 | property that is subsequently transferred to a person other than |
| 174 | the defendant may be the subject of a special verdict of |
| 175 | forfeiture and thereafter shall be ordered forfeited to the |
| 176 | state, unless the transferee establishes in a hearing pursuant |
| 177 | to subsection (l) that he or she is a bona fide purchaser for |
| 178 | value of such property who at the time of purchase was |
| 179 | reasonably without cause to believe that the property was |
| 180 | subject to forfeiture under this section. |
| 181 | (4)(a) Upon application of the state, the court may enter |
| 182 | a restraining order or injunction, require the execution of a |
| 183 | satisfactory performance bond, or take any other action to |
| 184 | preserve the availability of property described in subsection |
| 185 | (1) for forfeiture under this section: |
| 186 | 1. Upon the filing of an indictment or information |
| 187 | charging a violation of s. 895.03(3) and alleging that the |
| 188 | property with respect to which the order is sought would, in the |
| 189 | event of conviction, be subject to forfeiture under this |
| 190 | section; or |
| 191 | 2. Prior to the filing of such an indictment or |
| 192 | information, if, after notice to persons appearing to have an |
| 193 | interest in the property and opportunity for a hearing, the |
| 194 | court determines that: |
| 195 | a. There is a substantial probability that the state will |
| 196 | prevail on the issue of forfeiture and that failure to enter the |
| 197 | order will result in the property being destroyed, removed from |
| 198 | the jurisdiction of the court, or otherwise made unavailable for |
| 199 | forfeiture; and |
| 200 | b. The need to preserve the availability of the property |
| 201 | through the entry of the requested order outweighs the hardship |
| 202 | on any party against whom the order is to be entered. |
| 203 | |
| 204 | An order entered pursuant to this subparagraph may be effective |
| 205 | for no more than 90 days unless extended by the court for good |
| 206 | cause shown or unless an indictment or information described in |
| 207 | subparagraph 1. has been filed. |
| 208 | (b) A temporary restraining order under this subsection |
| 209 | may be entered upon application of the state without notice or |
| 210 | opportunity for a hearing when an information or indictment has |
| 211 | not yet been filed with respect to the property, if the state |
| 212 | demonstrates that there is probable cause to believe that the |
| 213 | property with respect to which the order is sought would, in the |
| 214 | event of conviction, be subject to forfeiture under this section |
| 215 | and that provision of notice will jeopardize the availability of |
| 216 | the property for forfeiture. Such a temporary order shall expire |
| 217 | not more than 10 days after the date on which it is entered, |
| 218 | unless extended for good cause shown or the party against whom |
| 219 | it is entered consents to an extension for a longer period. A |
| 220 | hearing requested concerning an order entered under this |
| 221 | paragraph shall be held at the earliest possible time and prior |
| 222 | to the expiration of the temporary order. |
| 223 | (c) At a hearing held pursuant to this subsection, the |
| 224 | court may receive and consider evidence and information that |
| 225 | would be inadmissible under the Florida Rules of Evidence. |
| 226 | (5) Upon finding that the state is entitled to forfeiture |
| 227 | of property under this section, the court shall enter a judgment |
| 228 | of forfeiture of the property to the state and shall also |
| 229 | authorize the prosecuting authority to seize all property |
| 230 | ordered forfeited upon such terms and conditions as the court |
| 231 | deems proper. Following the entry of an order declaring the |
| 232 | property forfeited, the court may, upon application of the |
| 233 | state, enter such appropriate restraining orders or injunctions, |
| 234 | require the execution of satisfactory performance bonds, appoint |
| 235 | receivers, conservators, appraisers, accountants, or trustees, |
| 236 | or take any other action to protect the interest of the state in |
| 237 | the property ordered forfeited. Any income accruing to, or |
| 238 | derived from, an enterprise or an interest in an enterprise |
| 239 | which has been ordered forfeited under this section may be used |
| 240 | to offset ordinary and necessary expenses to the enterprise |
| 241 | which are required by law or are necessary to protect the |
| 242 | interests of the state or of third parties. |
| 243 | (6) Following the seizure of property ordered forfeited |
| 244 | under this section, the prosecuting authority shall direct the |
| 245 | disposition of the property by sale or any other commercially |
| 246 | feasible means, making due provision for the rights of any |
| 247 | innocent persons. Any property right or interest not exercisable |
| 248 | by, or transferable for value to, the state shall expire and |
| 249 | shall not revert to the defendant, nor shall the defendant or |
| 250 | any person acting in concert with or on behalf of the defendant |
| 251 | be eligible to purchase forfeited property at any sale held by |
| 252 | the state. Upon application of a person, other than the |
| 253 | defendant or a person acting in concert with or on behalf of the |
| 254 | defendant, the court may restrain or stay the sale or |
| 255 | disposition of the property pending the conclusion of any appeal |
| 256 | of the criminal case giving rise to the forfeiture, if the |
| 257 | applicant demonstrates that proceeding with the sale or |
| 258 | disposition of the property will result in irreparable injury, |
| 259 | harm, or loss to him or her. The proceeds of any sale or other |
| 260 | disposition of property forfeited under this section and any |
| 261 | moneys forfeited shall be used to pay all proper expenses for |
| 262 | the forfeiture and the sale, including expenses of seizure, |
| 263 | maintenance, and custody of the property pending its |
| 264 | disposition, advertising, and court costs. The prosecuting |
| 265 | authority shall deposit in the General Revenue Fund any amounts |
| 266 | of such proceeds or moneys remaining after the payment of such |
| 267 | expenses. |
| 268 | (7) With respect to property ordered forfeited under this |
| 269 | section, the prosecuting authority is authorized to do the |
| 270 | following: |
| 271 | (a) Grant petitions for mitigation or remission of |
| 272 | forfeiture, restore forfeited property to victims of a violation |
| 273 | of this chapter, or take any other action to protect the rights |
| 274 | of innocent persons which is in the interest of justice and |
| 275 | which is not inconsistent with the provisions of this chapter. |
| 276 | (b) Compromise claims arising under this section. |
| 277 | (c) Award compensation to persons providing information |
| 278 | resulting in a forfeiture under this section. |
| 279 | (d) Direct the disposition by the state of all property |
| 280 | ordered forfeited under this section by public sale or any other |
| 281 | commercially feasible means, making due provision for the rights |
| 282 | of innocent persons. |
| 283 | (e) Take appropriate measures necessary to safeguard and |
| 284 | maintain property ordered forfeited under this section pending |
| 285 | its disposition. |
| 286 | (8) The Attorney General may adopt rules with respect to |
| 287 | the following: |
| 288 | (a) Making reasonable efforts to provide notice to persons |
| 289 | who may have an interest in property ordered forfeited under |
| 290 | this section. |
| 291 | (b) Granting petitions for remission or mitigation of |
| 292 | forfeiture. |
| 293 | (c) The restitution of property to victims of an offense |
| 294 | petitioning for remission or mitigation of forfeiture under this |
| 295 | section. |
| 296 | (d) The disposition by the state of forfeited property by |
| 297 | public sale or other commercially feasible means. |
| 298 | (e) The maintenance and safekeeping of any property |
| 299 | forfeited under this section pending its disposition. |
| 300 | (f) The compromise of claims arising under this section. |
| 301 | |
| 302 | Pending the adoption of such rules, all provisions of law |
| 303 | relating to the disposition of property, or the proceeds from |
| 304 | the sale of such property, or the remission or mitigation of |
| 305 | forfeitures for violation of the laws, and the compromise of |
| 306 | claims and the award of compensation to persons providing |
| 307 | information in respect of such forfeitures shall apply to |
| 308 | forfeitures incurred, or alleged to have been incurred, under |
| 309 | the provisions of this section, as applicable and not |
| 310 | inconsistent with the provisions of this section. |
| 311 | (9) Except as provided in subsection (12), a party |
| 312 | claiming an interest in property subject to forfeiture under |
| 313 | this section may not: |
| 314 | (a) Intervene in a trial or appeal of a criminal case |
| 315 | involving the forfeiture of such property under this section; or |
| 316 | (b) Commence an action at law or equity against the state |
| 317 | concerning the validity of his alleged interest in the property |
| 318 | subsequent to the filing of an indictment or information |
| 319 | alleging that the property is subject to forfeiture under this |
| 320 | section. |
| 321 | (10) The circuit courts shall have jurisdiction to enter |
| 322 | orders as provided in this section without regard to the |
| 323 | location of any property that may be subject to forfeiture under |
| 324 | this section or that has been ordered forfeited under this |
| 325 | section. |
| 326 | (11) In order to facilitate the identification or location |
| 327 | of property declared forfeited and to facilitate the disposition |
| 328 | of petitions for remission or mitigation of forfeiture, after |
| 329 | the entry of an order declaring property forfeited to the state, |
| 330 | the court may, upon the state's application, order that the |
| 331 | testimony of any witness relating to the property forfeited be |
| 332 | taken by deposition and that any designated book, paper, |
| 333 | document, record, recording, or other material not privileged be |
| 334 | produced at the same time and place, in the same manner as |
| 335 | provided for the taking of depositions under Rule 3.220, Florida |
| 336 | Rules of Criminal Procedure. |
| 337 | (12)(a) Following the entry of an order of forfeiture |
| 338 | under this section, the state shall publish notice of the order |
| 339 | and of its intent to dispose of the property in such manner as |
| 340 | the prosecuting authority may direct. The state may also, to the |
| 341 | extent practicable, provide direct written notice to any person |
| 342 | known to have alleged an interest in the property that is the |
| 343 | subject of the order of forfeiture as a substitute for published |
| 344 | notice as to those persons so notified. |
| 345 | (b) Any person, other than the defendant, asserting a |
| 346 | legal interest in property which has been ordered forfeited to |
| 347 | the state to this section may, within 30 days after the final |
| 348 | publication of notice or his or her receipt of notice under |
| 349 | subsection (1), whichever is earlier, petition the court for a |
| 350 | hearing to adjudicate the validity of his or her alleged |
| 351 | interest in the property. The hearing shall be held before the |
| 352 | court alone, without a jury. |
| 353 | (c) The petition shall be signed by the petitioner under |
| 354 | penalty of perjury and shall set forth the nature and extent of |
| 355 | the petitioner's right, title, or interest in the property, the |
| 356 | time and circumstances of the petitioner's acquisition of the |
| 357 | right, title, or interest in the property, any additional facts |
| 358 | supporting the petitioner's claim, and the relief sought. |
| 359 | (d) The hearing on the petition shall, to the extent |
| 360 | practicable and consistent with the interests of justice, be |
| 361 | held within 30 days after the filing of the petition. The court |
| 362 | may consolidate the hearing on the petition with a hearing on |
| 363 | any other petition filed by a person other than the defendant |
| 364 | under this subsection. |
| 365 | (e) At the hearing, the petitioner may testify and present |
| 366 | evidence and witnesses on his or her own behalf and cross- |
| 367 | examine witnesses who appear at the hearing. The state may |
| 368 | present evidence and witnesses in rebuttal and in defense of its |
| 369 | claim to the property and cross-examine witnesses who appear at |
| 370 | the hearing. In addition to testimony and evidence presented at |
| 371 | the hearing, the court shall consider the relevant portions of |
| 372 | the record of the criminal case which resulted in the order of |
| 373 | forfeiture. |
| 374 | (f) If, after the hearing, the court determines that the |
| 375 | petitioner has established by a preponderance of the evidence |
| 376 | that: |
| 377 | 1. The petitioner has a legal right, title, or interest in |
| 378 | the property and such right, title, or interest renders the |
| 379 | order of forfeiture invalid in whole or in part because the |
| 380 | right, title, or interest was vested in the petitioner rather |
| 381 | than the defendant or was superior to any right, title, or |
| 382 | interest of the defendant at the time of the commission of the |
| 383 | acts which gave rise to the forfeiture of the property under |
| 384 | this section; or |
| 385 | 2. The petitioner is a bona fide purchaser for value of |
| 386 | the right, title, or interest in the property and was at the |
| 387 | time of purchase reasonably without cause to believe that the |
| 388 | property was subject to forfeiture under this section, |
| 389 | |
| 390 | the court shall amend the order of forfeiture in accordance with |
| 391 | its determination. |
| 392 | (g) Following the court's disposition of all petitions |
| 393 | filed under this subsection, or if no such petitions are filed |
| 394 | following the expiration of the period provided in subsection |
| 395 | (2) for the filing of such petitions, the state shall have clear |
| 396 | title to property that is the subject of the order of forfeiture |
| 397 | and may warrant good title to any subsequent purchaser or |
| 398 | transferee. |
| 399 | (13) If any of the property described in subsection (1) is |
| 400 | protected by s. 6, Art. VII of the Florida Constitution or, as a |
| 401 | result of any act or omission of the defendant, is otherwise |
| 402 | unreachable because it: |
| 403 | (a) Cannot be located upon the exercise of due diligence; |
| 404 | (b) Has been transferred or sold to, or deposited with, a |
| 405 | third party; |
| 406 | (c) Has been placed beyond the jurisdiction of the court; |
| 407 | (d) Has been substantially diminished in value; or |
| 408 | (e) Has been commingled with other property which cannot |
| 409 | be divided without difficulty, |
| 410 | |
| 411 | the court shall order the forfeiture of any other property of |
| 412 | the defendant up to the value of any such protected or |
| 413 | unavailable property. |
| 414 | Section 7. Paragraphs (g), (h), and (i) of subsection (2) |
| 415 | of section 896.101, Florida Statutes, are redesignated as |
| 416 | paragraphs (h), (i), and (j), respectively, a new paragraph (g) |
| 417 | is added to that subsection, and paragraph (a) of subsection (2) |
| 418 | and subsections (5) and (10) of that section are amended, to |
| 419 | read: |
| 420 | 896.101 Florida Money Laundering Act; definitions; |
| 421 | penalties; injunctions; seizure warrants; immunity.- |
| 422 | (2) As used in this section, the term: |
| 423 | (a) "Knowing that the property involved in a financial |
| 424 | transaction represents the proceeds of some form of unlawful |
| 425 | activity" means that the person knew the property involved in |
| 426 | the transaction represented proceeds from some form, though not |
| 427 | necessarily which form, of activity that constitutes a felony |
| 428 | under state or federal law, regardless of whether or not such |
| 429 | activity is specified in paragraph (h) (g). |
| 430 | (g) "Proceeds" means any property derived from or obtained |
| 431 | or retained, directly or indirectly, through some form of |
| 432 | unlawful activity, including the gross receipts of such |
| 433 | activity. |
| 434 | (5)(a) A person who violates this section, if the |
| 435 | violation involves: |
| 436 | 1.(a) Financial transactions valued at exceeding $300 but |
| 437 | less than $20,000 in any 12-month period, commits a felony of |
| 438 | the third degree, punishable as provided in s. 775.082, s. |
| 439 | 775.083, or s. 775.084. |
| 440 | 2.(b) Financial transactions valued at totaling or |
| 441 | exceeding $20,000 or more but less than $100,000 in any 12-month |
| 442 | period, commits a felony of the second degree, punishable as |
| 443 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 444 | 3.(c) Financial transactions valued at totaling or |
| 445 | exceeding $100,000 or more in any 12-month period, commits a |
| 446 | felony of the first degree, punishable as |
| 447 | 775.082, s. 775.083, or s. 775.084. |
| 448 | (b) Amounts of value of separate transactions committed |
| 449 | pursuant to one scheme or course of conduct, whether the |
| 450 | transactions involve the same person or several persons, may be |
| 451 | aggregated in determining the grade of the offense. |
| 452 | (10)(a) Any financial institution, licensed money services |
| 453 | business, or other person served with and complying with the |
| 454 | terms of a warrant, temporary injunction, or other court order, |
| 455 | including any subpoena issued under s. 16.56 or s. 27.04, |
| 456 | obtained in furtherance of an investigation of any crime in this |
| 457 | section, including any crime listed as specified unlawful |
| 458 | activity under this section or any felony violation of chapter |
| 459 | 560, has immunity from criminal liability and is not liable to |
| 460 | any person for any lawful action taken in complying with the |
| 461 | warrant, temporary injunction, or other court order, including |
| 462 | any subpoena issued under s. 16.56 or s. 27.04. If any subpoena |
| 463 | issued under s. 16.56 or s. 27.04 contains a nondisclosure |
| 464 | provision, any financial institution, licensed money services |
| 465 | business, employee or officer of a financial institution or |
| 466 | licensed money services business, or any other person may not |
| 467 | notify, directly or indirectly, any customer of that financial |
| 468 | institution or money services business whose records are being |
| 469 | sought by the subpoena, or any other person, other than an |
| 470 | attorney consulted by the person or entity whose testimony is |
| 471 | sought in the matter named in the subpoena, about the existence |
| 472 | or the contents of that subpoena, or of the investigation, or |
| 473 | about information that has been furnished to the state attorney |
| 474 | or statewide prosecutor who issued the subpoena or any other law |
| 475 | enforcement officer named in the subpoena in response to the |
| 476 | subpoena. |
| 477 | (b) Any person who, having received or been served with |
| 478 | such a warrant, temporary injunction, or other court order, |
| 479 | including any subpoena issued under s. 16.56 or s. 27.04, |
| 480 | containing a nondisclosure provision as described in paragraph |
| 481 | (a) who thereafter notifies any person of information in |
| 482 | violation of paragraph (a) shall be fined $5,000 for each such |
| 483 | unauthorized notification. |
| 484 | Section 8. Subsection (3) is added to section 923.03, |
| 485 | Florida Statutes, to read: |
| 486 | 923.03 Indictment and information.- |
| 487 | (3) A judgment of forfeiture may not be entered in a |
| 488 | criminal proceeding unless the indictment or the information |
| 489 | provides notice that the defendant has an interest in property |
| 490 | that is subject to forfeiture in accordance with the applicable |
| 491 | statute. |
| 492 | Section 9. Paragraphs (g), (h), and (i) of subsection (3) |
| 493 | of section 921.0022, Florida Statutes, are amended to read: |
| 494 | 921.0022 Criminal Punishment Code; offense severity |
| 495 | ranking chart.- |
| 496 | (3) OFFENSE SEVERITY RANKING CHART |
| 497 | (g) LEVEL 7 |
| 498 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 499 |
|
| | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 500 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 501 |
|
| | | 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. |
|
| 502 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 503 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 504 |
|
| | | 409.920(2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
| 505 |
|
| | | 409.920(2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
| 506 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 507 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 508 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 509 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 510 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 511 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 512 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 513 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 514 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 515 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 516 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 517 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 518 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 519 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 520 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 521 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 522 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 523 |
|
| | | 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
| 524 |
|
| | | 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. |
|
| 525 |
|
| | | 560.125(5)(a)1. | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 526 |
|
| | | 655.50(10)(b)1.a. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 527 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
| 528 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 529 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 530 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 531 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 532 |
|
| | | 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 533 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 534 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 535 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 536 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 537 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 538 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 539 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 540 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 541 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 542 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 543 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 544 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 545 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 546 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 547 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 548 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 549 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 550 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 551 |
|
| | | 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
| 552 |
|
| | | 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. |
|
| 553 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 554 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 555 |
|
| | | 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
| 556 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 557 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 558 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 559 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 560 |
|
| | | 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
| 561 |
|
| | | 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. |
|
| 562 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 563 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 564 |
|
| | | 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
| 565 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 566 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 567 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 568 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 569 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 570 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 571 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 572 |
|
| | | 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. |
|
| 573 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 574 |
|
| | | 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
| 575 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 576 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 577 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 578 |
|
| | |
| 579 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 580 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 581 |
|
| | |
| 582 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 583 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 584 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 585 |
|
| | | 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
| 586 |
|
| | | 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. |
|
| 587 |
|
| | | 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. |
|
| 588 |
|
| | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 589 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 590 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 591 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 592 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 593 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 594 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 595 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 596 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 597 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 598 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 599 |
|
| | | 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
| 600 |
|
| | | 896.101(5)(a)1. | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 601 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 602 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 603 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 604 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 605 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 606 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 607 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 608 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 609 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 610 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 611 |
|
| | | 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 612 |
|
| | | 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 613 |
|
| | | 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 614 |
|
| 615 | (h) LEVEL 8 |
| 616 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 617 |
|
| | | 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
| 618 |
|
| | | 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
| 619 |
|
| | | 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
| 620 |
|
| | | 499.0051(7) | 1st | Knowing trafficking in contraband prescription drugs. |
|
| 621 |
|
| | | 499.0051(8) | 1st | Knowing forgery of prescription labels or prescription drug labels. |
|
| 622 |
|
| | | 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. |
|
| 623 |
|
| | 560.125(5)(a)2.(b) | 2nd | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. |
|
| 624 |
|
| | 655.50(10)(b)1.a.2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
| 625 |
|
| | | 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
| 626 |
|
| | | 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, aircraft piracy, or unlawfully discharging bomb. |
|
| 627 |
|
| | | 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
| 628 |
|
| | | 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
| 629 |
|
| | | 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
| 630 |
|
| | | 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
| 631 |
|
| | | 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
| 632 |
|
| | | 794.08(3) | 2nd | Female genital mutilation, removal of a victim younger than 18 years of age from this state. |
|
| 633 |
|
| | | 800.04(4) | 2nd | Lewd or lascivious battery. |
|
| 634 |
|
| | | 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
| 635 |
|
| | | 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
| 636 |
|
| | | 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
| 637 |
|
| | | 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
| 638 |
|
| | | 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
| 639 |
|
| | | 812.13(2)(b) | 1st | Robbery with a weapon. |
|
| 640 |
|
| | | 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
| 641 |
|
| | | 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
| 642 |
|
| | | 825.102(2) | 1st | Aggravated abuse of an elderly person or disabled adult. |
|
| 643 |
|
| | | 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
| 644 |
|
| | | 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
| 645 |
|
| | | 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
| 646 |
|
| | | 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
| 647 |
|
| | | 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
| 648 |
|
| | | 860.16 | 1st | Aircraft piracy. |
|
| 649 |
|
| | | 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). |
|
| 650 |
|
| | | 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 651 |
|
| | | 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 652 |
|
| | | 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
| 653 |
|
| | | 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
| 654 |
|
| | | 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
| 655 |
|
| | | 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
| 656 |
|
| | | 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
| 657 |
|
| | | 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
| 658 |
|
| | | 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
| 659 |
|
| | | 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
| 660 |
|
| | | 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
| 661 |
|
| | | 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
| 662 |
|
| | | 893.1351(3) | 1st | Possession of a place used to manufacture controlled substance when minor is present or resides there. |
|
| 663 |
|
| | | 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
| 664 |
|
| | | 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
| 665 |
|
| | | 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
| 666 |
|
| | 896.101(5)(a)2.(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
| 667 |
|
| | | 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. |
|
| 668 |
|
| 669 | (i) LEVEL 9 |
| 670 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 671 |
|
| | | 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
| 672 |
|
| | | 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
| 673 |
|
| | | 409.920(2)(b)1.c. | 1st | Medicaid provider fraud; $50,000 or more. |
|
| 674 |
|
| | | 499.0051(9) | 1st | Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. |
|
| 675 |
|
| | | 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
| 676 |
|
| | 560.125(5)(a)3.(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
| 677 |
|
| | 655.50(10)(b)1.c.3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
| 678 |
|
| | | 775.0844 | 1st | Aggravated white collar crime. |
|
| 679 |
|
| | | 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
| 680 |
|
| | | 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
|
| 681 |
|
| | | 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
| 682 |
|
| | | 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
| 683 |
|
| | | 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
| 684 |
|
| | | 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
| 685 |
|
| | | 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
| 686 |
|
| | | 787.02(3)(a) | 1st | False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
|
| 687 |
|
| | | 790.161 | 1st | Attempted capital destructive device offense. |
|
| 688 |
|
| | | 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
| 689 |
|
| | | 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
| 690 |
|
| | | 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
| 691 |
|
| | | 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
| 692 |
|
| | | 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
| 693 |
|
| | | 794.08(2) | 1st | Female genital mutilation; victim younger than 18 years of age. |
|
| 694 |
|
| | | 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
| 695 |
|
| | | 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
| 696 |
|
| | | 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
| 697 |
|
| | | 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
| 698 |
|
| | | 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. |
|
| 699 |
|
| | | 827.03(2) | 1st | Aggravated child abuse. |
|
| 700 |
|
| | | 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
| 701 |
|
| | | 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
| 702 |
|
| | | 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. |
|
| 703 |
|
| | | 893.135 | 1st | Attempted capital trafficking offense. |
|
| 704 |
|
| | | 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
| 705 |
|
| | | 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
|
| 706 |
|
| | | 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
| 707 |
|
| | | 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
|
| 708 |
|
| | | 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
| 709 |
|
| | | 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
|
| 710 |
|
| | | 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
|
| 711 |
|
| | | 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
|
| 712 |
|
| | | 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
| 713 |
|
| | 896.101(5)(a)3.(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
| 714 |
|
| | | 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
| 715 |
|
| 716 | Section 10. This act shall take effect July 1, 2010. |
