Bill Text: FL S0360 | 2014 | Regular Session | Enrolled
Bill Title: Sentencing for Controlled Substance Violations
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-176 [S0360 Detail]
Download: Florida-2014-S0360-Enrolled.html
ENROLLED
2014 Legislature CS for SB 360, 1st Engrossed
2014360er
1
2 An act relating to sentencing for controlled substance
3 violations; amending s. 893.135, F.S.; providing that
4 a person who knowingly sells, purchases, manufactures,
5 delivers, or brings into this state, or who is
6 knowingly in actual or constructive possession of,
7 specified quantities of hydrocodone, or any salt,
8 derivative, isomer, or salt of an isomer thereof, or
9 any mixture containing any such substance, commits the
10 offense of trafficking in hydrocodone; providing
11 criminal penalties; providing that a person who
12 knowingly sells, purchases, manufactures, delivers, or
13 brings into this state, or who is knowingly in actual
14 or constructive possession of, specified quantities of
15 oxycodone, or any salt, derivative, isomer, or salt of
16 an isomer thereof, or any mixture containing any such
17 substance, commits the offense of trafficking in
18 oxycodone; providing criminal penalties; amending s.
19 921.0022, F.S.; ranking the offenses of trafficking in
20 hydrocodone and trafficking in oxycodone for purposes
21 of the criminal punishment code; reenacting s.
22 775.087(2)(a) and (3)(a), F.S., relating to mandatory
23 minimum sentences for the possession or use of a
24 weapon during the commission of certain offenses, to
25 incorporate the amendments made to s. 893.135, F.S.,
26 in a reference thereto; reenacting s. 782.04(1)(a),
27 (3), and (4), F.S., relating to the classification of
28 a murder committed during the commission of certain
29 offenses, to incorporate the amendments made to s.
30 893.135, F.S., in a reference thereto; providing an
31 effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Paragraph (c) of subsection (1) of section
36 893.135, Florida Statutes, is amended to read:
37 893.135 Trafficking; mandatory sentences; suspension or
38 reduction of sentences; conspiracy to engage in trafficking.—
39 (1) Except as authorized in this chapter or in chapter 499
40 and notwithstanding the provisions of s. 893.13:
41 (c)1. A Any person who knowingly sells, purchases,
42 manufactures, delivers, or brings into this state, or who is
43 knowingly in actual or constructive possession of, 4 grams or
44 more of any morphine, opium, oxycodone, hydrocodone,
45 hydromorphone, or any salt, derivative, isomer, or salt of an
46 isomer thereof, including heroin, as described in s.
47 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
48 of any mixture containing any such substance, but less than 30
49 kilograms of such substance or mixture, commits a felony of the
50 first degree, which felony shall be known as “trafficking in
51 illegal drugs,” punishable as provided in s. 775.082, s.
52 775.083, or s. 775.084. If the quantity involved:
53 a. Is 4 grams or more, but less than 14 grams, such person
54 shall be sentenced to a mandatory minimum term of imprisonment
55 of 3 years, and the defendant shall be ordered to pay a fine of
56 $50,000.
57 b. Is 14 grams or more, but less than 28 grams, such person
58 shall be sentenced to a mandatory minimum term of imprisonment
59 of 15 years, and the defendant shall be ordered to pay a fine of
60 $100,000.
61 c. Is 28 grams or more, but less than 30 kilograms, such
62 person shall be sentenced to a mandatory minimum term of
63 imprisonment of 25 calendar years and shall be ordered to pay a
64 fine of $500,000.
65 2. A person who knowingly sells, purchases, manufactures,
66 delivers, or brings into this state, or who is knowingly in
67 actual or constructive possession of, 14 grams or more of
68 hydrocodone, or any salt, derivative, isomer, or salt of an
69 isomer thereof, or 14 grams or more of any mixture containing
70 any such substance, commits a felony of the first degree, which
71 felony shall be known as “trafficking in hydrocodone,”
72 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
73 If the quantity involved:
74 a. Is 14 grams or more, but less than 28 grams, such person
75 shall be sentenced to a mandatory minimum term of imprisonment
76 of 3 years and shall be ordered to pay a fine of $50,000.
77 b. Is 28 grams or more, but less than 50 grams, such person
78 shall be sentenced to a mandatory minimum term of imprisonment
79 of 7 years and shall be ordered to pay a fine of $100,000.
80 c. Is 50 grams or more, but less than 200 grams, such
81 person shall be sentenced to a mandatory minimum term of
82 imprisonment of 15 years and shall be ordered to pay a fine of
83 $500,000.
84 d. Is 200 grams or more, but less than 30 kilograms, such
85 person shall be sentenced to a mandatory minimum term of
86 imprisonment of 25 years and shall be ordered to pay a fine of
87 $750,000.
88 3. A person who knowingly sells, purchases, manufactures,
89 delivers, or brings into this state, or who is knowingly in
90 actual or constructive possession of, 7 grams or more of
91 oxycodone, or any salt, derivative, isomer, or salt of an isomer
92 thereof, or 7 grams or more of any mixture containing any such
93 substance, commits a felony of the first degree, which felony
94 shall be known as “trafficking in oxycodone,” punishable as
95 provided in s. 775.082, s. 775.083, or s. 775.084. If the
96 quantity involved:
97 a. Is 7 grams or more, but less than 14 grams, such person
98 shall be sentenced to a mandatory minimum term of imprisonment
99 of 3 years and shall be ordered to pay a fine of $50,000.
100 b. Is 14 grams or more, but less than 25 grams, such person
101 shall be sentenced to a mandatory minimum term of imprisonment
102 of 7 years and shall be ordered to pay a fine of $100,000.
103 c. Is 25 grams or more, but less than 100 grams, such
104 person shall be sentenced to a mandatory minimum term of
105 imprisonment of 15 years and shall be ordered to pay a fine of
106 $500,000.
107 d. Is 100 grams or more, but less than 30 kilograms, such
108 person shall be sentenced to a mandatory minimum term of
109 imprisonment of 25 years and shall be ordered to pay a fine of
110 $750,000.
111 4.2. A Any person who knowingly sells, purchases,
112 manufactures, delivers, or brings into this state, or who is
113 knowingly in actual or constructive possession of, 30 kilograms
114 or more of any morphine, opium, oxycodone, hydrocodone,
115 hydromorphone, or any salt, derivative, isomer, or salt of an
116 isomer thereof, including heroin, as described in s.
117 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
118 more of any mixture containing any such substance, commits the
119 first degree felony of trafficking in illegal drugs. A person
120 who has been convicted of the first degree felony of trafficking
121 in illegal drugs under this subparagraph shall be punished by
122 life imprisonment and is ineligible for any form of
123 discretionary early release except pardon or executive clemency
124 or conditional medical release under s. 947.149. However, if the
125 court determines that, in addition to committing any act
126 specified in this paragraph:
127 a. The person intentionally killed an individual or
128 counseled, commanded, induced, procured, or caused the
129 intentional killing of an individual and such killing was the
130 result; or
131 b. The person’s conduct in committing that act led to a
132 natural, though not inevitable, lethal result,
133
134 such person commits the capital felony of trafficking in illegal
135 drugs, punishable as provided in ss. 775.082 and 921.142. A Any
136 person sentenced for a capital felony under this paragraph shall
137 also be sentenced to pay the maximum fine provided under
138 subparagraph 1.
139 5.3. A Any person who knowingly brings into this state 60
140 kilograms or more of any morphine, opium, oxycodone,
141 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
142 salt of an isomer thereof, including heroin, as described in s.
143 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
144 more of any mixture containing any such substance, and who knows
145 that the probable result of such importation would be the death
146 of a any person, commits capital importation of illegal drugs, a
147 capital felony punishable as provided in ss. 775.082 and
148 921.142. A Any person sentenced for a capital felony under this
149 paragraph shall also be sentenced to pay the maximum fine
150 provided under subparagraph 1.
151 Section 2. Paragraphs (g) through (i) of subsection (3) of
152 section 921.0022, Florida Statutes, are amended to read:
153 921.0022 Criminal Punishment Code; offense severity ranking
154 chart.—
155 (3) OFFENSE SEVERITY RANKING CHART
156 (g) LEVEL 7
157
158 FloridaStatute FelonyDegree Description
159 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
160 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
161 316.1935(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.
162 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
163 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
164 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
165 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
166 456.065(2) 3rd Practicing a health care profession without a license.
167 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
168 458.327(1) 3rd Practicing medicine without a license.
169 459.013(1) 3rd Practicing osteopathic medicine without a license.
170 460.411(1) 3rd Practicing chiropractic medicine without a license.
171 461.012(1) 3rd Practicing podiatric medicine without a license.
172 462.17 3rd Practicing naturopathy without a license.
173 463.015(1) 3rd Practicing optometry without a license.
174 464.016(1) 3rd Practicing nursing without a license.
175 465.015(2) 3rd Practicing pharmacy without a license.
176 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
177 467.201 3rd Practicing midwifery without a license.
178 468.366 3rd Delivering respiratory care services without a license.
179 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
180 483.901(9) 3rd Practicing medical physics without a license.
181 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
182 484.053 3rd Dispensing hearing aids without a license.
183 494.0018(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.
184 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
185 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
186 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
187 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
188 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
189 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
190 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
191 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
192 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
193 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
194 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
195 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
196 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
197 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
198 784.048(7) 3rd Aggravated stalking; violation of court order.
199 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
200 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
201 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
202 784.081(1) 1st Aggravated battery on specified official or employee.
203 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
204 784.083(1) 1st Aggravated battery on code inspector.
205 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
206 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
207 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
208 790.16(1) 1st Discharge of a machine gun under specified circumstances.
209 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
210 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
211 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
212 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
213 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
214 794.08(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.
215 796.03 2nd Procuring any person under 16 years for prostitution.
216 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
217 800.04(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.
218 806.01(2) 2nd Maliciously damage structure by fire or explosive.
219 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
220 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
221 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
222 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
223 812.014(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.
224 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
225 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
226 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
227 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
228 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
229 812.131(2)(a) 2nd Robbery by sudden snatching.
230 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
231 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
232 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
233 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
234 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
235 817.2341 (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.
236 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
237 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
238 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
239 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
240 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
241 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
242 838.015 2nd Bribery.
243 838.016 2nd Unlawful compensation or reward for official behavior.
244 838.021(3)(a) 2nd Unlawful harm to a public servant.
245 838.22 2nd Bid tampering.
246 843.0855(2) 3rd Impersonation of a public officer or employee.
247 843.0855(3) 3rd Unlawful simulation of legal process.
248 843.0855(4) 3rd Intimidation of a public officer or employee.
249 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
250 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
251 872.06 2nd Abuse of a dead human body.
252 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
253 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
254 893.13(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.
255 893.13(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.
256 893.13(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).
257 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
258 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
259 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
260 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
261 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
262 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
263 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
264 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
265 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
266 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
267 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
268 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
269 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
270 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
271 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
272 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
273 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
274 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
275 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
276 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
277 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
278 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
279 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
280 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
281 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
282 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
283 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
284 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
285 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
286
287 (h) LEVEL 8
288
289 FloridaStatute FelonyDegree Description
290 316.193 (3)(c)3.a. 2nd DUI manslaughter.
291 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
292 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
293 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
294 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
295 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
296 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
297 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
298 777.03(2)(a) 1st Accessory after the fact, capital felony.
299 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
300 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
301 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
302 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
303 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
304 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
305 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
306 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
307 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
308 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
309 800.04(4) 2nd Lewd or lascivious battery.
310 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
311 810.02(2)(a) 1st,PBL Burglary with assault or battery.
312 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
313 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
314 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
315 812.13(2)(b) 1st Robbery with a weapon.
316 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
317 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
318 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
319 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
320 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
321 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
322 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
323 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
324 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
325 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
326 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
327 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
328 860.16 1st Aircraft piracy.
329 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
330 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
331 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
332 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
333 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
334 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
335 893.135(1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
336 893.135(1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
337 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
338 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
339 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
340 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
341 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
342 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
343 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
344 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
345 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
346 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
347 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
348 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
349 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
350
351 (i) LEVEL 9
352
353 FloridaStatute FelonyDegree Description
354 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
355 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
356 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
357 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
358 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
359 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
360 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
361 775.0844 1st Aggravated white collar crime.
362 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
363 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
364 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
365 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
366 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
367 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
368 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
369 787.02(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.
370 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
371 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
372 787.06(4) 1st Selling or buying of minors into human trafficking.
373 790.161 1st Attempted capital destructive device offense.
374 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
375 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
376 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
377 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
378 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
379 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
380 796.035 1st Selling or buying of minors into prostitution.
381 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
382 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
383 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
384 812.135(2)(b) 1st Home-invasion robbery with weapon.
385 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
386 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
387 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
388 817.568(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.
389 827.03(2)(a) 1st Aggravated child abuse.
390 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
391 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
392 859.01 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.
393 893.135 1st Attempted capital trafficking offense.
394 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
395 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
396 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
397 893.135(1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
398 893.135(1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
399 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
400 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
401 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
402 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
403 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
404 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
405 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
406 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
407
408 Section 3. For the purpose of incorporating the amendment
409 made by this act to section 893.135, Florida Statutes, in a
410 reference thereto, paragraph (a) of subsection (2) and paragraph
411 (a) of subsection (3) of section 775.087, Florida Statutes, are
412 reenacted to read:
413 775.087 Possession or use of weapon; aggravated battery;
414 felony reclassification; minimum sentence.—
415 (2)(a)1. Any person who is convicted of a felony or an
416 attempt to commit a felony, regardless of whether the use of a
417 weapon is an element of the felony, and the conviction was for:
418 a. Murder;
419 b. Sexual battery;
420 c. Robbery;
421 d. Burglary;
422 e. Arson;
423 f. Aggravated assault;
424 g. Aggravated battery;
425 h. Kidnapping;
426 i. Escape;
427 j. Aircraft piracy;
428 k. Aggravated child abuse;
429 l. Aggravated abuse of an elderly person or disabled adult;
430 m. Unlawful throwing, placing, or discharging of a
431 destructive device or bomb;
432 n. Carjacking;
433 o. Home-invasion robbery;
434 p. Aggravated stalking;
435 q. Trafficking in cannabis, trafficking in cocaine, capital
436 importation of cocaine, trafficking in illegal drugs, capital
437 importation of illegal drugs, trafficking in phencyclidine,
438 capital importation of phencyclidine, trafficking in
439 methaqualone, capital importation of methaqualone, trafficking
440 in amphetamine, capital importation of amphetamine, trafficking
441 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
442 (GHB), trafficking in 1,4-Butanediol, trafficking in
443 Phenethylamines, or other violation of s. 893.135(1); or
444 r. Possession of a firearm by a felon
445
446 and during the commission of the offense, such person actually
447 possessed a “firearm” or “destructive device” as those terms are
448 defined in s. 790.001, shall be sentenced to a minimum term of
449 imprisonment of 10 years, except that a person who is convicted
450 for aggravated assault, possession of a firearm by a felon, or
451 burglary of a conveyance shall be sentenced to a minimum term of
452 imprisonment of 3 years if such person possessed a “firearm” or
453 “destructive device” during the commission of the offense.
454 However, if an offender who is convicted of the offense of
455 possession of a firearm by a felon has a previous conviction of
456 committing or attempting to commit a felony listed in s.
457 775.084(1)(b)1. and actually possessed a firearm or destructive
458 device during the commission of the prior felony, the offender
459 shall be sentenced to a minimum term of imprisonment of 10
460 years.
461 2. Any person who is convicted of a felony or an attempt to
462 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
463 regardless of whether the use of a weapon is an element of the
464 felony, and during the course of the commission of the felony
465 such person discharged a “firearm” or “destructive device” as
466 defined in s. 790.001 shall be sentenced to a minimum term of
467 imprisonment of 20 years.
468 3. Any person who is convicted of a felony or an attempt to
469 commit a felony listed in sub-subparagraphs (a)1.a.-q.,
470 regardless of whether the use of a weapon is an element of the
471 felony, and during the course of the commission of the felony
472 such person discharged a “firearm” or “destructive device” as
473 defined in s. 790.001 and, as the result of the discharge, death
474 or great bodily harm was inflicted upon any person, the
475 convicted person shall be sentenced to a minimum term of
476 imprisonment of not less than 25 years and not more than a term
477 of imprisonment of life in prison.
478 (3)(a)1. Any person who is convicted of a felony or an
479 attempt to commit a felony, regardless of whether the use of a
480 firearm is an element of the felony, and the conviction was for:
481 a. Murder;
482 b. Sexual battery;
483 c. Robbery;
484 d. Burglary;
485 e. Arson;
486 f. Aggravated assault;
487 g. Aggravated battery;
488 h. Kidnapping;
489 i. Escape;
490 j. Sale, manufacture, delivery, or intent to sell,
491 manufacture, or deliver any controlled substance;
492 k. Aircraft piracy;
493 l. Aggravated child abuse;
494 m. Aggravated abuse of an elderly person or disabled adult;
495 n. Unlawful throwing, placing, or discharging of a
496 destructive device or bomb;
497 o. Carjacking;
498 p. Home-invasion robbery;
499 q. Aggravated stalking; or
500 r. Trafficking in cannabis, trafficking in cocaine, capital
501 importation of cocaine, trafficking in illegal drugs, capital
502 importation of illegal drugs, trafficking in phencyclidine,
503 capital importation of phencyclidine, trafficking in
504 methaqualone, capital importation of methaqualone, trafficking
505 in amphetamine, capital importation of amphetamine, trafficking
506 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
507 (GHB), trafficking in 1,4-Butanediol, trafficking in
508 Phenethylamines, or other violation of s. 893.135(1);
509
510 and during the commission of the offense, such person possessed
511 a semiautomatic firearm and its high-capacity detachable box
512 magazine or a machine gun as defined in s. 790.001, shall be
513 sentenced to a minimum term of imprisonment of 15 years.
514 2. Any person who is convicted of a felony or an attempt to
515 commit a felony listed in subparagraph (a)1., regardless of
516 whether the use of a weapon is an element of the felony, and
517 during the course of the commission of the felony such person
518 discharged a semiautomatic firearm and its high-capacity box
519 magazine or a “machine gun” as defined in s. 790.001 shall be
520 sentenced to a minimum term of imprisonment of 20 years.
521 3. Any person who is convicted of a felony or an attempt to
522 commit a felony listed in subparagraph (a)1., regardless of
523 whether the use of a weapon is an element of the felony, and
524 during the course of the commission of the felony such person
525 discharged a semiautomatic firearm and its high-capacity box
526 magazine or a “machine gun” as defined in s. 790.001 and, as the
527 result of the discharge, death or great bodily harm was
528 inflicted upon any person, the convicted person shall be
529 sentenced to a minimum term of imprisonment of not less than 25
530 years and not more than a term of imprisonment of life in
531 prison.
532 Section 4. For the purpose of incorporating the amendment
533 made by this act to section 893.135, Florida Statutes, in a
534 reference thereto, paragraph (a) of subsection (1) and
535 subsections (3) and (4) of section 782.04, Florida Statutes, are
536 reenacted to read:
537 782.04 Murder.—
538 (1)(a) The unlawful killing of a human being:
539 1. When perpetrated from a premeditated design to effect
540 the death of the person killed or any human being;
541 2. When committed by a person engaged in the perpetration
542 of, or in the attempt to perpetrate, any:
543 a. Trafficking offense prohibited by s. 893.135(1),
544 b. Arson,
545 c. Sexual battery,
546 d. Robbery,
547 e. Burglary,
548 f. Kidnapping,
549 g. Escape,
550 h. Aggravated child abuse,
551 i. Aggravated abuse of an elderly person or disabled adult,
552 j. Aircraft piracy,
553 k. Unlawful throwing, placing, or discharging of a
554 destructive device or bomb,
555 l. Carjacking,
556 m. Home-invasion robbery,
557 n. Aggravated stalking,
558 o. Murder of another human being,
559 p. Resisting an officer with violence to his or her person,
560 q. Aggravated fleeing or eluding with serious bodily injury
561 or death,
562 r. Felony that is an act of terrorism or is in furtherance
563 of an act of terrorism; or
564 3. Which resulted from the unlawful distribution of any
565 substance controlled under s. 893.03(1), cocaine as described in
566 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
567 compound, derivative, or preparation of opium, or methadone by a
568 person 18 years of age or older, when such drug is proven to be
569 the proximate cause of the death of the user,
570
571 is murder in the first degree and constitutes a capital felony,
572 punishable as provided in s. 775.082.
573 (3) When a human being is killed during the perpetration
574 of, or during the attempt to perpetrate, any:
575 (a) Trafficking offense prohibited by s. 893.135(1),
576 (b) Arson,
577 (c) Sexual battery,
578 (d) Robbery,
579 (e) Burglary,
580 (f) Kidnapping,
581 (g) Escape,
582 (h) Aggravated child abuse,
583 (i) Aggravated abuse of an elderly person or disabled
584 adult,
585 (j) Aircraft piracy,
586 (k) Unlawful throwing, placing, or discharging of a
587 destructive device or bomb,
588 (l) Carjacking,
589 (m) Home-invasion robbery,
590 (n) Aggravated stalking,
591 (o) Murder of another human being,
592 (p) Aggravated fleeing or eluding with serious bodily
593 injury or death,
594 (q) Resisting an officer with violence to his or her
595 person, or
596 (r) Felony that is an act of terrorism or is in furtherance
597 of an act of terrorism,
598
599 by a person other than the person engaged in the perpetration of
600 or in the attempt to perpetrate such felony, the person
601 perpetrating or attempting to perpetrate such felony commits
602 murder in the second degree, which constitutes a felony of the
603 first degree, punishable by imprisonment for a term of years not
604 exceeding life or as provided in s. 775.082, s. 775.083, or s.
605 775.084.
606 (4) The unlawful killing of a human being, when perpetrated
607 without any design to effect death, by a person engaged in the
608 perpetration of, or in the attempt to perpetrate, any felony
609 other than any:
610 (a) Trafficking offense prohibited by s. 893.135(1),
611 (b) Arson,
612 (c) Sexual battery,
613 (d) Robbery,
614 (e) Burglary,
615 (f) Kidnapping,
616 (g) Escape,
617 (h) Aggravated child abuse,
618 (i) Aggravated abuse of an elderly person or disabled
619 adult,
620 (j) Aircraft piracy,
621 (k) Unlawful throwing, placing, or discharging of a
622 destructive device or bomb,
623 (l) Unlawful distribution of any substance controlled under
624 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
625 opium or any synthetic or natural salt, compound, derivative, or
626 preparation of opium by a person 18 years of age or older, when
627 such drug is proven to be the proximate cause of the death of
628 the user,
629 (m) Carjacking,
630 (n) Home-invasion robbery,
631 (o) Aggravated stalking,
632 (p) Murder of another human being,
633 (q) Aggravated fleeing or eluding with serious bodily
634 injury or death,
635 (r) Resisting an officer with violence to his or her
636 person, or
637 (s) Felony that is an act of terrorism or is in furtherance
638 of an act of terrorism,
639
640 is murder in the third degree and constitutes a felony of the
641 second degree, punishable as provided in s. 775.082, s. 775.083,
642 or s. 775.084.
643 Section 5. This act shall take effect July 1, 2014.
