Bill Text: FL S0570 | 2018 | Regular Session | Comm Sub
Bill Title: Sentencing
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Judiciary [S0570 Detail]
Download: Florida-2018-S0570-Comm_Sub.html
Florida Senate - 2018 CS for SB 570
By the Committee on Criminal Justice; and Senator Bracy
591-03434-18 2018570c1
1 A bill to be entitled
2 An act relating to sentencing; amending s. 893.13,
3 F.S.; reducing the distance applicable to certain
4 controlled substance offenses committed within certain
5 drug-free zones; providing that only offenses
6 involving the sale or manufacturing of a controlled
7 substance are subject to enhanced penalties when
8 committed within a drug-free zone; amending s.
9 921.0022, F.S.; conforming provisions to changes made
10 by the act; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (c), (d), (e), (f), and (h) of
15 subsection (1) of section 893.13, Florida Statutes, are amended
16 to read:
17 893.13 Prohibited acts; penalties.—
18 (1)
19 (c) Except as authorized by this chapter, a person may not
20 sell or, manufacture, or deliver, or possess with intent to
21 sell, manufacture, or deliver, a controlled substance in, on, or
22 within 1,000 feet of the real property comprising a child care
23 facility as defined in s. 402.302 or a public or private
24 elementary, middle, or secondary school between the hours of 6
25 a.m. and 12 midnight, or at any time in, on, or within 250 1,000
26 feet of real property comprising a state, county, or municipal
27 park, a community center, or a publicly owned recreational
28 facility. As used in this paragraph, the term “community center”
29 means a facility operated by a nonprofit community-based
30 organization for the provision of recreational, social, or
31 educational services to the public. A person who violates this
32 paragraph with respect to:
33 1. A controlled substance named or described in s.
34 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
35 commits a felony of the first degree, punishable as provided in
36 s. 775.082, s. 775.083, or s. 775.084. The defendant must be
37 sentenced to a minimum term of imprisonment of 3 calendar years
38 unless the offense was committed within 1,000 feet of the real
39 property comprising a child care facility as defined in s.
40 402.302.
41 2. A controlled substance named or described in s.
42 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
43 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
44 the second degree, punishable as provided in s. 775.082, s.
45 775.083, or s. 775.084.
46 3. Any other controlled substance, except as lawfully sold
47 or, manufactured, or delivered, must be sentenced to pay a $500
48 fine and to serve 100 hours of public service in addition to any
49 other penalty prescribed by law.
50
51 This paragraph does not apply to a child care facility unless
52 the owner or operator of the facility posts a sign that is not
53 less than 2 square feet in size with a word legend identifying
54 the facility as a licensed child care facility and that is
55 posted on the property of the child care facility in a
56 conspicuous place where the sign is reasonably visible to the
57 public.
58 (d) Except as authorized by this chapter, a person may not
59 sell or, manufacture, or deliver, or possess with intent to
60 sell, manufacture, or deliver, a controlled substance in, on, or
61 within 250 1,000 feet of the real property comprising a public
62 or private college, university, or other postsecondary
63 educational institution. A person who violates this paragraph
64 with respect to:
65 1. A controlled substance named or described in s.
66 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
67 commits a felony of the first degree, punishable as provided in
68 s. 775.082, s. 775.083, or s. 775.084.
69 2. A controlled substance named or described in s.
70 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
71 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
72 the second degree, punishable as provided in s. 775.082, s.
73 775.083, or s. 775.084.
74 3. Any other controlled substance, except as lawfully sold
75 or, manufactured, or delivered, must be sentenced to pay a $500
76 fine and to serve 100 hours of public service in addition to any
77 other penalty prescribed by law.
78 (e) Except as authorized by this chapter, a person may not
79 sell or, manufacture, or deliver, or possess with intent to
80 sell, manufacture, or deliver, a controlled substance not
81 authorized by law in, on, or within 1,000 feet of a physical
82 place for worship at which a church or religious organization
83 regularly conducts religious services or within 250 1,000 feet
84 of a convenience business as defined in s. 812.171. A person who
85 violates this paragraph with respect to:
86 1. A controlled substance named or described in s.
87 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
88 commits a felony of the first degree, punishable as provided in
89 s. 775.082, s. 775.083, or s. 775.084.
90 2. A controlled substance named or described in s.
91 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
92 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
93 the second degree, punishable as provided in s. 775.082, s.
94 775.083, or s. 775.084.
95 3. Any other controlled substance, except as lawfully sold
96 or, manufactured, or delivered, must be sentenced to pay a $500
97 fine and to serve 100 hours of public service in addition to any
98 other penalty prescribed by law.
99 (f) Except as authorized by this chapter, a person may not
100 sell or, manufacture, or deliver, or possess with intent to
101 sell, manufacture, or deliver, a controlled substance in, on, or
102 within 250 1,000 feet of the real property comprising a public
103 housing facility at any time. As used in this section, the term
104 “real property comprising a public housing facility” means real
105 property, as defined in s. 421.03(12), of a public corporation
106 created as a housing authority pursuant to part I of chapter
107 421. A person who violates this paragraph with respect to:
108 1. A controlled substance named or described in s.
109 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
110 commits a felony of the first degree, punishable as provided in
111 s. 775.082, s. 775.083, or s. 775.084.
112 2. A controlled substance named or described in s.
113 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
114 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
115 the second degree, punishable as provided in s. 775.082, s.
116 775.083, or s. 775.084.
117 3. Any other controlled substance, except as lawfully sold
118 or, manufactured, or delivered, must be sentenced to pay a $500
119 fine and to serve 100 hours of public service in addition to any
120 other penalty prescribed by law.
121 (h) Except as authorized by this chapter, a person may not
122 sell or, manufacture, or deliver, or possess with intent to
123 sell, manufacture, or deliver, a controlled substance in, on, or
124 within 1,000 feet of the real property comprising an assisted
125 living facility, as that term is used in chapter 429. A person
126 who violates this paragraph with respect to:
127 1. A controlled substance named or described in s.
128 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
129 commits a felony of the first degree, punishable as provided in
130 s. 775.082, s. 775.083, or s. 775.084.
131 2. A controlled substance named or described in s.
132 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
133 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
134 the second degree, punishable as provided in s. 775.082, s.
135 775.083, or s. 775.084.
136 3. Any other controlled substance, except as lawfully sold
137 or, manufactured, or delivered, must be sentenced to pay a $500
138 fine and to serve 100 hours of public service in addition to any
139 other penalty prescribed by law.
140 Section 2. Paragraphs (c), (e), and (g) of subsection (3)
141 of section 921.0022, Florida Statutes, are amended to read:
142 921.0022 Criminal Punishment Code; offense severity ranking
143 chart.—
144 (3) OFFENSE SEVERITY RANKING CHART
145 (c) LEVEL 3
146
147 FloridaStatute FelonyDegree Description
148 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
149 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
150 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
151 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
152 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
153 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
154 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
155 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
156 327.35(2)(b) 3rd Felony BUI.
157 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
158 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
159 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
160 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
161 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
162 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
163 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
164 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
165 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
166 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
167 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
168 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
169 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
170 697.08 3rd Equity skimming.
171 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
172 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
173 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
174 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
175 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
176 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
177 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
178 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
179 817.233 3rd Burning to defraud insurer.
180 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
181 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
182 817.236 3rd Filing a false motor vehicle insurance application.
183 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
184 817.413(2) 3rd Sale of used goods as new.
185 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
186 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
187 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
188 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
189 843.19 3rd Injure, disable, or kill police dog or horse.
190 860.15(3) 3rd Overcharging for repairs and parts.
191 870.01(2) 3rd Riot; inciting or encouraging.
192 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
193 893.13(1)(d)2. 2nd Sell or, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 250 1,000 feet of university.
194 893.13(1)(f)2. 2nd Sell or, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 250 1,000 feet of public housing facility.
195 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
196 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
197 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
198 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
199 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
200 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
201 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
202 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
203 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
204 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
205 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
206 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
207 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
208 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
209 (e) LEVEL 5
210
211 FloridaStatute FelonyDegree Description
212 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
213 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
214 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
215 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
216 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
217 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
218 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
219 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
220 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
221 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
222 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
223 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
224 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
225 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
226 790.01(2) 3rd Carrying a concealed firearm.
227 790.162 2nd Threat to throw or discharge destructive device.
228 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
229 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
230 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
231 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
232 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
233 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
234 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
235 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
236 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
237 812.019(1) 2nd Stolen property; dealing in or trafficking in.
238 812.131(2)(b) 3rd Robbery by sudden snatching.
239 812.16(2) 3rd Owning, operating, or conducting a chop shop.
240 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
241 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
242 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
243 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
244 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
245 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
246 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
247 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
248 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
249 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
250 843.01 3rd Resist officer with violence to person; resist arrest with violence.
251 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
252 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
253 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
254 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
255 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
256 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
257 893.13(1)(c)2. 2nd Sell or, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
258 893.13(1)(d)1. 1st Sell or, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 250 1,000 feet of university.
259 893.13(1)(e)2. 2nd Sell or, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or within 250 feet of a specified business site.
260 893.13(1)(f)1. 1st Sell or, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 250 1,000 feet of public housing facility.
261 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
262 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
263 (g) LEVEL 7
264
265 FloridaStatute FelonyDegree Description
266 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
267 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
268 316.1935(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.
269 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
270 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
271 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
272 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
273 456.065(2) 3rd Practicing a health care profession without a license.
274 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
275 458.327(1) 3rd Practicing medicine without a license.
276 459.013(1) 3rd Practicing osteopathic medicine without a license.
277 460.411(1) 3rd Practicing chiropractic medicine without a license.
278 461.012(1) 3rd Practicing podiatric medicine without a license.
279 462.17 3rd Practicing naturopathy without a license.
280 463.015(1) 3rd Practicing optometry without a license.
281 464.016(1) 3rd Practicing nursing without a license.
282 465.015(2) 3rd Practicing pharmacy without a license.
283 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
284 467.201 3rd Practicing midwifery without a license.
285 468.366 3rd Delivering respiratory care services without a license.
286 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
287 483.901(7) 3rd Practicing medical physics without a license.
288 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
289 484.053 3rd Dispensing hearing aids without a license.
290 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
291 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
292 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
293 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
294 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
295 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
296 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
297 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
298 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
299 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
300 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
301 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
302 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
303 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
304 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
305 784.048(7) 3rd Aggravated stalking; violation of court order.
306 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
307 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
308 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
309 784.081(1) 1st Aggravated battery on specified official or employee.
310 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
311 784.083(1) 1st Aggravated battery on code inspector.
312 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
313 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
314 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
315 790.16(1) 1st Discharge of a machine gun under specified circumstances.
316 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
317 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
318 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
319 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
320 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
321 794.08(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.
322 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
323 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
324 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
325 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
326 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
327 806.01(2) 2nd Maliciously damage structure by fire or explosive.
328 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
329 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
330 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
331 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
332 812.014(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.
333 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
334 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
335 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
336 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
337 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
338 812.131(2)(a) 2nd Robbery by sudden snatching.
339 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
340 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
341 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
342 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
343 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
344 817.2341 (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.
345 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
346 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
347 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
348 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
349 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
350 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
351 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
352 838.015 2nd Bribery.
353 838.016 2nd Unlawful compensation or reward for official behavior.
354 838.021(3)(a) 2nd Unlawful harm to a public servant.
355 838.22 2nd Bid tampering.
356 843.0855(2) 3rd Impersonation of a public officer or employee.
357 843.0855(3) 3rd Unlawful simulation of legal process.
358 843.0855(4) 3rd Intimidation of a public officer or employee.
359 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
360 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
361 872.06 2nd Abuse of a dead human body.
362 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
363 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
364 893.13(1)(c)1. 1st Sell or, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility or, school, or within 250 feet of a state, county, or municipal park or publicly owned recreational facility or community center.
365 893.13(1)(e)1. 1st Sell or, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or within 250 feet of a specified business site.
366 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
367 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
368 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
369 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
370 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
371 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
372 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
373 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
374 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
375 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
376 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
377 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
378 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
379 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
380 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
381 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
382 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
383 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
384 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
385 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
386 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
387 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
388 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
389 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
390 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
391 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
392 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
393 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
394 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
395 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
396 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
397 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
398 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
399 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
400 Section 3. This act shall take effect October 1, 2018.
