Bill Text: FL S0616 | 2016 | Regular Session | Introduced


Bill Title: Cannabis

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Regulated Industries [S0616 Detail]

Download: Florida-2016-S0616-Introduced.html
       Florida Senate - 2016                                     SB 616
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00756-16                                            2016616__
    1                        A bill to be entitled                      
    2         An act relating to cannabis; amending s. 893.03, F.S.;
    3         removing cannabis from the schedule of controlled
    4         substances; amending ss. 456.0635, 772.12, 856.015,
    5         893.02, 893.055, 893.0551, 893.13, 893.135, 893.1351,
    6         893.145, 893.147, 893.15, 921.0022, 944.47, 948.20,
    7         951.22, 985.711, and 1003.57, F.S.; conforming
    8         provisions to changes made by the act; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (c) of subsection (1) of section
   14  893.03, Florida Statutes, is amended to read:
   15         893.03 Standards and schedules.—The substances enumerated
   16  in this section are controlled by this chapter. The controlled
   17  substances listed or to be listed in Schedules I, II, III, IV,
   18  and V are included by whatever official, common, usual,
   19  chemical, or trade name designated. The provisions of this
   20  section shall not be construed to include within any of the
   21  schedules contained in this section any excluded drugs listed
   22  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   23  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   24  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   25  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   26  Anabolic Steroid Products.”
   27         (1) SCHEDULE I.—A substance in Schedule I has a high
   28  potential for abuse and has no currently accepted medical use in
   29  treatment in the United States and in its use under medical
   30  supervision does not meet accepted safety standards. The
   31  following substances are controlled in Schedule I:
   32         (c) Unless specifically excepted or unless listed in
   33  another schedule, any material, compound, mixture, or
   34  preparation that contains any quantity of the following
   35  hallucinogenic substances or that contains any of their salts,
   36  isomers, including optical, positional, or geometric isomers,
   37  and salts of isomers, if the existence of such salts, isomers,
   38  and salts of isomers is possible within the specific chemical
   39  designation:
   40         1. Alpha-ethyltryptamine.
   41         2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4
   42  methylaminorex).
   43         3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
   44         4. 4-Bromo-2,5-dimethoxyamphetamine.
   45         5. 4-Bromo-2,5-dimethoxyphenethylamine.
   46         6. Bufotenine.
   47         7. Cannabis.
   48         7.8. Cathinone.
   49         8.9. Diethyltryptamine.
   50         9.10. 2,5-Dimethoxyamphetamine.
   51         10.11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
   52         11.12. Dimethyltryptamine.
   53         12.13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
   54  analog of phencyclidine).
   55         13.14. N-Ethyl-3-piperidyl benzilate.
   56         14.15. N-ethylamphetamine.
   57         15.16. Fenethylline.
   58         16.17. N-Hydroxy-3,4-methylenedioxyamphetamine.
   59         17.18. Ibogaine.
   60         18.19. Lysergic acid diethylamide (LSD).
   61         19.20. Mescaline.
   62         20.21. Methcathinone.
   63         21.22. 5-Methoxy-3,4-methylenedioxyamphetamine.
   64         22.23. 4-methoxyamphetamine.
   65         23.24. 4-methoxymethamphetamine.
   66         24.25. 4-Methyl-2,5-dimethoxyamphetamine.
   67         25.26. 3,4-Methylenedioxy-N-ethylamphetamine.
   68         26.27. 3,4-Methylenedioxyamphetamine.
   69         27.28. N-Methyl-3-piperidyl benzilate.
   70         28.29. N,N-dimethylamphetamine.
   71         29.30. Parahexyl.
   72         30.31. Peyote.
   73         31.32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)
   74  (Pyrrolidine analog of phencyclidine).
   75         32.33. Psilocybin.
   76         33.34. Psilocyn.
   77         34.35.Salvia divinorum, except for any drug product
   78  approved by the United States Food and Drug Administration which
   79  contains Salvia divinorum or its isomers, esters, ethers, salts,
   80  and salts of isomers, esters, and ethers, if the existence of
   81  such isomers, esters, ethers, and salts is possible within the
   82  specific chemical designation.
   83         35.36. Salvinorin A, except for any drug product approved
   84  by the United States Food and Drug Administration which contains
   85  Salvinorin A or its isomers, esters, ethers, salts, and salts of
   86  isomers, esters, and ethers, if the existence of such isomers,
   87  esters, ethers, and salts is possible within the specific
   88  chemical designation.
   89         36.37. Tetrahydrocannabinols.
   90         37.38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
   91  (Thiophene analog of phencyclidine).
   92         38.39. 3,4,5-Trimethoxyamphetamine.
   93         39.40. 3,4-Methylenedioxymethcathinone.
   94         40.41. 3,4-Methylenedioxypyrovalerone (MDPV).
   95         41.42. Methylmethcathinone.
   96         42.43. Methoxymethcathinone.
   97         43.44. Fluoromethcathinone.
   98         44.45. Methylethcathinone.
   99         45.46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
  100  yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8)
  101  homologue.
  102         46.47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2
  103  methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol,
  104  also known as HU-210.
  105         47.48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH
  106  018.
  107         48.49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH
  108  073.
  109         49.50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole,
  110  also known as JWH-200.
  111         50.51. BZP (Benzylpiperazine).
  112         51.52. Fluorophenylpiperazine.
  113         52.53. Methylphenylpiperazine.
  114         53.54. Chlorophenylpiperazine.
  115         54.55. Methoxyphenylpiperazine.
  116         55.56. DBZP (1,4-dibenzylpiperazine).
  117         56.57. TFMPP (3-Trifluoromethylphenylpiperazine).
  118         57.58. MBDB (Methylbenzodioxolylbutanamine).
  119         58.59. 5-Hydroxy-alpha-methyltryptamine.
  120         59.60. 5-Hydroxy-N-methyltryptamine.
  121         60.61. 5-Methoxy-N-methyl-N-isopropyltryptamine.
  122         61.62. 5-Methoxy-alpha-methyltryptamine.
  123         62.63. Methyltryptamine.
  124         63.64. 5-Methoxy-N,N-dimethyltryptamine.
  125         64.65. 5-Methyl-N,N-dimethyltryptamine.
  126         65.66. Tyramine (4-Hydroxyphenethylamine).
  127         66.67. 5-Methoxy-N,N-Diisopropyltryptamine.
  128         67.68. DiPT (N,N-Diisopropyltryptamine).
  129         68.69. DPT (N,N-Dipropyltryptamine).
  130         69.70. 4-Hydroxy-N,N-diisopropyltryptamine.
  131         70.71. N,N-Diallyl-5-Methoxytryptamine.
  132         71.72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
  133         72.73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
  134         73.74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
  135         74.75. 2C-T-4 (2,5-Dimethoxy-4
  136  isopropylthiophenethylamine).
  137         75.76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
  138         76.77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine).
  139         77.78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine).
  140         78.79. 2C-T-7 (2,5-Dimethoxy-4-(n)
  141  propylthiophenethylamine).
  142         79.80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
  143         80.81. Butylone (beta-keto-N
  144  methylbenzodioxolylpropylamine).
  145         81.82. Ethcathinone.
  146         82.83. Ethylone (3,4-methylenedioxy-N-ethylcathinone).
  147         83.84. Naphyrone (naphthylpyrovalerone).
  148         84.85. N-N-Dimethyl-3,4-methylenedioxycathinone.
  149         85.86. N-N-Diethyl-3,4-methylenedioxycathinone.
  150         86.87. 3,4-methylenedioxy-propiophenone.
  151         87.88. 2-Bromo-3,4-Methylenedioxypropiophenone.
  152         88.89. 3,4-methylenedioxy-propiophenone-2-oxime.
  153         89.90. N-Acetyl-3,4-methylenedioxycathinone.
  154         90.91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone.
  155         91.92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone.
  156         92.93. Bromomethcathinone.
  157         93.94. Buphedrone (alpha-methylamino-butyrophenone).
  158         94.95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine).
  159         95.96. Dimethylcathinone.
  160         96.97. Dimethylmethcathinone.
  161         97.98. Pentylone (beta-Keto
  162  Methylbenzodioxolylpentanamine).
  163         98.99. (MDPPP) 3,4-Methylenedioxy-alpha
  164  pyrrolidinopropiophenone.
  165         99.100. (MDPBP) 3,4-Methylenedioxy-alpha
  166  pyrrolidinobutiophenone.
  167         100.101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
  168         101.102. Methyl-alpha-pyrrolidinohexiophenone (MPHP).
  169         102.103. Benocyclidine (BCP) or
  170  benzothiophenylcyclohexylpiperidine (BTCP).
  171         103.104. Fluoromethylaminobutyrophenone (F-MABP).
  172         104.105. Methoxypyrrolidinobutyrophenone (MeO-PBP).
  173         105.106. Ethyl-pyrrolidinobutyrophenone (Et-PBP).
  174         106.107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT).
  175         107.108. Methylethylaminobutyrophenone (Me-EABP).
  176         108.109. Methylamino-butyrophenone (MABP).
  177         109.110. Pyrrolidinopropiophenone (PPP).
  178         110.111. Pyrrolidinobutiophenone (PBP).
  179         111.112. Pyrrolidinovalerophenone (PVP).
  180         112.113. Methyl-alpha-pyrrolidinopropiophenone (MPPP).
  181         113.114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole).
  182         114.115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1
  183  naphthalenylmethanone).
  184         115.116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3
  185  yl)methanone).
  186         116.117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole).
  187         117.118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3
  188  yl)methanone).
  189         118.119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol
  190  3-yl)methanone).
  191         119.120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole).
  192         120.121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)
  193  6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)).
  194         121.122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H
  195  indole).
  196         122.123. JWH-201 (1-pentyl-3-(4
  197  methoxyphenylacetyl)indole).
  198         123.124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3
  199  yl)ethanone).
  200         124.125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3
  201  yl)methanone).
  202         125.126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3
  203  yl)ethanone).
  204         126.127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol
  205  3-yl)ethanone).
  206         127.128. JWH-302 (1-pentyl-3-(3
  207  methoxyphenylacetyl)indole).
  208         128.129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole).
  209         129.130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl
  210  3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
  211  ol).
  212         130.131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2
  213  methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3
  214  enyl] methanol).
  215         131.132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-
  216  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
  217  1,4-dione).
  218         132.133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1
  219  yl)methanone).
  220         133.134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5
  221  pentylphenoxy)-undecanamide).
  222         134.135. CB-52 (N-cyclopropyl-11-(2-hexyl-5
  223  hydroxyphenoxy)-undecanamide).
  224         135.136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3
  225  hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol).
  226         136.137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2
  227  iodophenyl)methanone).
  228         137.138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]
  229  (naphthalen-1-yl)methanone).
  230         138.139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3
  231  yl)methanone).
  232         139.140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2
  233  (2-methoxyphenylethanone).
  234         140.141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
  235  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  236  naphthalenylmethanone).
  237         141.142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
  238  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
  239  naphthalenylmethanone).
  240         142.143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone).
  241         143.144. Fluoroamphetamine.
  242         144.145. Fluoromethamphetamine.
  243         145.146. Methoxetamine.
  244         146.147. Methiopropamine.
  245         147.148. 4-Methylbuphedrone (2-Methylamino-1-(4
  246  methylphenyl)butan-1-one).
  247         148.149. APB ((2-aminopropyl)benzofuran).
  248         149.150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran).
  249         150.151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3
  250  tetramethylcyclopropyl)methanone).
  251         151.152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3
  252  tetramethylcyclopropyl)methanone).
  253         152.153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3
  254  tetramethylcyclopropyl)methanone.
  255         153.154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H
  256  indazole-3-carboxamide).
  257         154.155. AM-2233((2-iodophenyl)[1-[(1-methyl-2
  258  piperidinyl)methyl]-1H-indol-3-yl]-methanone).
  259         155.156. STS-135 (1-(5-fluoropentyl)-N
  260  tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide).
  261         156.157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)
  262  cyclohexylcarbamate).
  263         157.158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid,
  264  cyclohexyl ester).
  265         158.159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1
  266  benzoxazin-4-one).
  267         159.160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine).
  268         160.161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine).
  269         161.162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine).
  270         162.163. 2C-P (2-(2,5-Dimethoxy-4-(n)
  271  propylphenyl)ethanamine).
  272         163.164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2
  273  methoxyphenyl)methyl]-benzeneethanamine).
  274         164.165. 3,4-Methylenedioxymethamphetamine (MDMA).
  275         165.166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3
  276  carboxylic acid).
  277         166.167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5
  278  fluoropentyl)-1H-indole-3-carboxylic acid).
  279         167.168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H
  280  indole-3-carboxylic acid).
  281         168.169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1
  282  (5-fluoropentyl)-1H-indazole-3-carboxamide).
  283         169.170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
  284  pentyl-1H-indazole-3-carboxamide).
  285         170.171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
  286  1-(4-fluorobenzyl)-1H-indazole-3-carboxamide).
  287         171.172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
  288  yl)-1-pentyl-1H-indazole-3-carboxamide).
  289         172.173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan
  290  2-yl)-1-(fluoropentyl)-1H-indole-3-carboxamide).
  291         173.174. 25B-NBOMe (4-bromo-2,5-dimethoxy-N-[(2
  292  methoxyphenyl)methyl]-benzeneethanamine).
  293         174.175. 2C-C-NBOMe (4-chloro-2,5-dimethoxy-N-[(2
  294  methoxyphenyl)methyl]-benzeneethanamine).
  295         175.176. AB-CHMINACA: N-[1-(aminocarbonyl)-2-methylpropyl]
  296  1-(cyclohexylmethyl)-1H-indazole-3-carboxamide.
  297         176.177. FUB-PB-22: Quinolin-8-yl-1-(4-fluorobenzyl)-1H
  298  indole-3-carboxylate.
  299         177.178. Fluoro-NNEI: 1-(Fluoropentyl)-N-(naphthalen-1-yl)
  300  1H-indole-3-carboxamide.
  301         178.179. Fluoro-AMB: Methyl 2-(1-(fluoropentyl)-1H
  302  indazole-3-carboxamido)-3-methylbutanoate.
  303         179.180. THJ-2201: [1-(5-Fluoropentyl)-1H-indazol-3
  304  yl](naphthalen-1-yl)methanone.
  305         Section 2. Paragraph (a) of subsection (2) and paragraph
  306  (a) of subsection (3) of section 456.0635, Florida Statutes, are
  307  amended to read:
  308         456.0635 Health care fraud; disqualification for license,
  309  certificate, or registration.—
  310         (2) Each board within the jurisdiction of the department,
  311  or the department if there is no board, shall refuse to admit a
  312  candidate to any examination and refuse to issue a license,
  313  certificate, or registration to any applicant if the candidate
  314  or applicant or any principal, officer, agent, managing
  315  employee, or affiliated person of the applicant:
  316         (a) Has been convicted of, or entered a plea of guilty or
  317  nolo contendere to, regardless of adjudication, a felony under
  318  chapter 409, chapter 817, or chapter 893, or a similar felony
  319  offense committed in another state or jurisdiction, unless the
  320  candidate or applicant has successfully completed a drug court
  321  program for that felony and provides proof that the plea has
  322  been withdrawn or the charges have been dismissed. Any such
  323  conviction or plea shall exclude the applicant or candidate from
  324  licensure, examination, certification, or registration unless
  325  the sentence and any subsequent period of probation for such
  326  conviction or plea ended:
  327         1. For felonies of the first or second degree, more than 15
  328  years before the date of application.
  329         2. For felonies of the third degree, more than 10 years
  330  before the date of application, except for felonies of the third
  331  degree under s. 893.13(5)(a) 893.13(6)(a).
  332         3. For felonies of the third degree under s. 893.13(5)(a)
  333  893.13(6)(a), more than 5 years before the date of application;
  334  
  335  This subsection does not apply to candidates or applicants for
  336  initial licensure or certification who were enrolled in an
  337  educational or training program on or before July 1, 2009, which
  338  was recognized by a board or, if there is no board, recognized
  339  by the department, and who applied for licensure after July 1,
  340  2012.
  341         (3) The department shall refuse to renew a license,
  342  certificate, or registration of any applicant if the applicant
  343  or any principal, officer, agent, managing employee, or
  344  affiliated person of the applicant:
  345         (a) Has been convicted of, or entered a plea of guilty or
  346  nolo contendere to, regardless of adjudication, a felony under
  347  chapter 409, chapter 817, or chapter 893, or a similar felony
  348  offense committed in another state or jurisdiction, unless the
  349  applicant is currently enrolled in a drug court program that
  350  allows the withdrawal of the plea for that felony upon
  351  successful completion of that program. Any such conviction or
  352  plea excludes the applicant from licensure renewal unless the
  353  sentence and any subsequent period of probation for such
  354  conviction or plea ended:
  355         1. For felonies of the first or second degree, more than 15
  356  years before the date of application.
  357         2. For felonies of the third degree, more than 10 years
  358  before the date of application, except for felonies of the third
  359  degree under s. 893.13(5)(a) 893.13(6)(a).
  360         3. For felonies of the third degree under s. 893.13(5)(a)
  361  893.13(6)(a), more than 5 years before the date of application.
  362         Section 3. Paragraph (a) of subsection (2) of section
  363  772.12, Florida Statutes, is amended to read:
  364         772.12 Drug Dealer Liability Act.—
  365         (2) A person, including any governmental entity, has a
  366  cause of action for threefold the actual damages sustained and
  367  is entitled to minimum damages in the amount of $1,000 and
  368  reasonable attorney’s fees and court costs in the trial and
  369  appellate courts, if the person proves by the greater weight of
  370  the evidence that:
  371         (a) The person was injured because of the defendant’s
  372  actions that resulted in the defendant’s conviction for:
  373         1. A violation of s. 893.13, except for a violation of s.
  374  893.13(2)(a) or (b), (4) (3), (5), or (6) (6)(a), (b), or (c),
  375  (7); or
  376         2. A violation of s. 893.135; and
  377         Section 4. Paragraph (c) of subsection (1) of section
  378  856.015, Florida Statutes, is amended to read:
  379         856.015 Open house parties.—
  380         (1) Definitions.—As used in this section:
  381         (c) “Drug” means a controlled substance, as that term is
  382  defined in ss. 893.02(3) 893.02(4) and 893.03.
  383         Section 5. Subsection (3) of section 893.02, Florida
  384  Statutes, is amended to read:
  385         893.02 Definitions.—The following words and phrases as used
  386  in this chapter shall have the following meanings, unless the
  387  context otherwise requires:
  388         (3) “Cannabis” means all parts of any plant of the genus
  389  Cannabis, whether growing or not; the seeds thereof; the resin
  390  extracted from any part of the plant; and every compound,
  391  manufacture, salt, derivative, mixture, or preparation of the
  392  plant or its seeds or resin. The term does not include “low-THC
  393  cannabis,” as defined in s. 381.986, if manufactured, possessed,
  394  sold, purchased, delivered, distributed, or dispensed, in
  395  conformance with s. 381.986.
  396         Section 6. Paragraph (a) of subsection (1), paragraph (b)
  397  of subsection (2), and paragraph (f) of subsection (7) of
  398  section 893.055, Florida Statutes, are amended to read:
  399         893.055 Prescription drug monitoring program.—
  400         (1) As used in this section, the term:
  401         (a) “Patient advisory report” or “advisory report” means
  402  information provided by the department in writing, or as
  403  determined by the department, to a prescriber, dispenser,
  404  pharmacy, or patient concerning the dispensing of controlled
  405  substances. All advisory reports are for informational purposes
  406  only and impose no obligations of any nature or any legal duty
  407  on a prescriber, dispenser, pharmacy, or patient. The patient
  408  advisory report shall be provided in accordance with s.
  409  893.13(6)(a)8 893.13(7)(a)8. The advisory reports issued by the
  410  department are not subject to discovery or introduction into
  411  evidence in any civil or administrative action against a
  412  prescriber, dispenser, pharmacy, or patient arising out of
  413  matters that are the subject of the report; and a person who
  414  participates in preparing, reviewing, issuing, or any other
  415  activity related to an advisory report may not be permitted or
  416  required to testify in any such civil action as to any findings,
  417  recommendations, evaluations, opinions, or other actions taken
  418  in connection with preparing, reviewing, or issuing such a
  419  report.
  420         (2)
  421         (b) The department, when the direct support organization
  422  receives at least $20,000 in nonstate moneys or the state
  423  receives at least $20,000 in federal grants for the prescription
  424  drug monitoring program, shall adopt rules as necessary
  425  concerning the reporting, accessing the database, evaluation,
  426  management, development, implementation, operation, security,
  427  and storage of information within the system, including rules
  428  for when patient advisory reports are provided to pharmacies and
  429  prescribers. The patient advisory report shall be provided in
  430  accordance with s. 893.13(6)(a)8. 893.13(7)(a)8. The department
  431  shall work with the professional health care licensure boards,
  432  such as the Board of Medicine, the Board of Osteopathic
  433  Medicine, and the Board of Pharmacy; other appropriate
  434  organizations, such as the Florida Pharmacy Association, the
  435  Florida Medical Association, the Florida Retail Federation, and
  436  the Florida Osteopathic Medical Association, including those
  437  relating to pain management; and the Attorney General, the
  438  Department of Law Enforcement, and the Agency for Health Care
  439  Administration to develop rules appropriate for the prescription
  440  drug monitoring program.
  441         (7)
  442         (f) The program manager, upon determining a pattern
  443  consistent with the rules established under paragraph (2)(d) and
  444  having cause to believe a violation of s. 893.13(6)(a)8.,
  445  (7)(a), or (7)(b) 893.13(7)(a)8., (8)(a), or (8)(b) has
  446  occurred, may provide relevant information to the applicable law
  447  enforcement agency.
  448         Section 7. Subsection (4) of section 893.0551, Florida
  449  Statutes, is amended to read:
  450         893.0551 Public records exemption for the prescription drug
  451  monitoring program.—
  452         (4) If the department determines consistent with its rules
  453  that a pattern of controlled substance abuse exists, the
  454  department may disclose such confidential and exempt information
  455  to the applicable law enforcement agency in accordance with s.
  456  893.055. The law enforcement agency may disclose to a criminal
  457  justice agency, as defined in s. 119.011, only confidential and
  458  exempt information received from the department that is relevant
  459  to an identified active investigation that is specific to a
  460  violation of s. 893.13(6)(a)8. 893.13(7)(a)8., s. 893.13(7)(a)
  461  893.13(8)(a), or s. 893.13(8)(a) 893.13(8)(b).
  462         Section 8. Subsections (3) and (6), paragraph (a) of
  463  subsection (8), and subsection (9) of section 893.13, Florida
  464  Statutes, are amended to read:
  465         893.13 Prohibited acts; penalties.—
  466         (3) A person who delivers, without consideration, 20 grams
  467  or less of cannabis, as defined in this chapter, commits a
  468  misdemeanor of the first degree, punishable as provided in s.
  469  775.082 or s. 775.083. As used in this paragraph, the term
  470  “cannabis” does not include the resin extracted from the plants
  471  of the genus Cannabis or any compound manufacture, salt,
  472  derivative, mixture, or preparation of such resin.
  473         (5)(6)(a) A person may not be in actual or constructive
  474  possession of a controlled substance unless such controlled
  475  substance was lawfully obtained from a practitioner or pursuant
  476  to a valid prescription or order of a practitioner while acting
  477  in the course of his or her professional practice or to be in
  478  actual or constructive possession of a controlled substance
  479  except as otherwise authorized by this chapter. A person who
  480  violates this provision commits a felony of the third degree,
  481  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  482         (b) If the offense is the possession of 20 grams or less of
  483  cannabis, as defined in this chapter, or 3 grams or less of a
  484  controlled substance described in s. 893.03(1)(c)46.-50., 114.
  485  142., 151.-159., or 166.-173., the person commits a misdemeanor
  486  of the first degree, punishable as provided in s. 775.082 or s.
  487  775.083. As used in this subsection, the term “cannabis” does
  488  not include the resin extracted from the plants of the genus
  489  Cannabis, or any compound manufacture, salt, derivative,
  490  mixture, or preparation of such resin, and a controlled
  491  substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
  492  159., or 166.-173. does not include the substance in a powdered
  493  form.
  494         (b)(c) Except as provided in this chapter, a person may not
  495  possess more than 10 grams of any substance named or described
  496  in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any
  497  mixture containing any such substance. A person who violates
  498  this paragraph commits a felony of the first degree, punishable
  499  as provided in s. 775.082, s. 775.083, or s. 775.084.
  500         (d) Notwithstanding any provision to the contrary of the
  501  laws of this state relating to arrest, a law enforcement officer
  502  may arrest without warrant any person who the officer has
  503  probable cause to believe is violating the provisions of this
  504  chapter relating to possession of cannabis.
  505         (7)(8)(a) Notwithstanding subsection (8) (9), a prescribing
  506  practitioner may not:
  507         1. Knowingly assist a patient, other person, or the owner
  508  of an animal in obtaining a controlled substance through
  509  deceptive, untrue, or fraudulent representations in or related
  510  to the practice of the prescribing practitioner’s professional
  511  practice;
  512         2. Employ a trick or scheme in the practice of the
  513  prescribing practitioner’s professional practice to assist a
  514  patient, other person, or the owner of an animal in obtaining a
  515  controlled substance;
  516         3. Knowingly write a prescription for a controlled
  517  substance for a fictitious person; or
  518         4. Write a prescription for a controlled substance for a
  519  patient, other person, or an animal if the sole purpose of
  520  writing such prescription is to provide a monetary benefit to,
  521  or obtain a monetary benefit for, the prescribing practitioner.
  522         (8)(9) The provisions of subsections (1)-(7) (1)-(8) are
  523  not applicable to the delivery to, or actual or constructive
  524  possession for medical or scientific use or purpose only of
  525  controlled substances by, persons included in any of the
  526  following classes, or the agents or employees of such persons,
  527  for use in the usual course of their business or profession or
  528  in the performance of their official duties:
  529         (a) Pharmacists.
  530         (b) Practitioners.
  531         (c) Persons who procure controlled substances in good faith
  532  and in the course of professional practice only, by or under the
  533  supervision of pharmacists or practitioners employed by them, or
  534  for the purpose of lawful research, teaching, or testing, and
  535  not for resale.
  536         (d) Hospitals that procure controlled substances for lawful
  537  administration by practitioners, but only for use by or in the
  538  particular hospital.
  539         (e) Officers or employees of state, federal, or local
  540  governments acting in their official capacity only, or informers
  541  acting under their jurisdiction.
  542         (f) Common carriers.
  543         (g) Manufacturers, wholesalers, and distributors.
  544         (h) Law enforcement officers for bona fide law enforcement
  545  purposes in the course of an active criminal investigation.
  546         Section 9. Paragraph (a) of subsection (1) of section
  547  893.135, Florida Statutes, is amended to read:
  548         893.135 Trafficking; mandatory sentences; suspension or
  549  reduction of sentences; conspiracy to engage in trafficking.—
  550         (1) Except as authorized in this chapter or in chapter 499
  551  and notwithstanding the provisions of s. 893.13:
  552         (a) Any person who knowingly sells, purchases,
  553  manufactures, delivers, or brings into this state, or who is
  554  knowingly in actual or constructive possession of, in excess of
  555  25 pounds of cannabis, or 300 or more cannabis plants, commits a
  556  felony of the first degree, which felony shall be known as
  557  “trafficking in cannabis,” punishable as provided in s. 775.082,
  558  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
  559         1. Is in excess of 25 pounds, but less than 2,000 pounds,
  560  or is 300 or more cannabis plants, but not more than 2,000
  561  cannabis plants, such person shall be sentenced to a mandatory
  562  minimum term of imprisonment of 3 years, and the defendant shall
  563  be ordered to pay a fine of $25,000.
  564         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
  565  is 2,000 or more cannabis plants, but not more than 10,000
  566  cannabis plants, such person shall be sentenced to a mandatory
  567  minimum term of imprisonment of 7 years, and the defendant shall
  568  be ordered to pay a fine of $50,000.
  569         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
  570  plants, such person shall be sentenced to a mandatory minimum
  571  term of imprisonment of 15 calendar years and pay a fine of
  572  $200,000.
  573  
  574  For the purpose of this paragraph, a plant, including, but not
  575  limited to, a seedling or cutting, is a “cannabis plant” if it
  576  has some readily observable evidence of root formation, such as
  577  root hairs. To determine if a piece or part of a cannabis plant
  578  severed from the cannabis plant is itself a cannabis plant, the
  579  severed piece or part must have some readily observable evidence
  580  of root formation, such as root hairs. Callous tissue is not
  581  readily observable evidence of root formation. The viability and
  582  sex of a plant and the fact that the plant may or may not be a
  583  dead harvested plant are not relevant in determining if the
  584  plant is a “cannabis plant” or in the charging of an offense
  585  under this paragraph. Upon conviction, the court shall impose
  586  the longest term of imprisonment provided for in this paragraph.
  587         Section 10. Subsection (4) of section 893.1351, Florida
  588  Statutes, is amended to read:
  589         893.1351 Ownership, lease, rental, or possession for
  590  trafficking in or manufacturing a controlled substance.—
  591         (4) For the purposes of this section, proof of the
  592  possession of 25 or more cannabis plants constitutes prima facie
  593  evidence that the cannabis is intended for sale or distribution.
  594         Section 11. Subsections (7) and (12) of section 893.145,
  595  Florida Statutes, are amended to read:
  596         893.145 “Drug paraphernalia” defined.—The term “drug
  597  paraphernalia” means all equipment, products, and materials of
  598  any kind which are used, intended for use, or designed for use
  599  in planting, propagating, cultivating, growing, harvesting,
  600  manufacturing, compounding, converting, producing, processing,
  601  preparing, testing, analyzing, packaging, repackaging, storing,
  602  containing, concealing, transporting, injecting, ingesting,
  603  inhaling, or otherwise introducing into the human body a
  604  controlled substance in violation of this chapter or s. 877.111.
  605  Drug paraphernalia is deemed to be contraband which shall be
  606  subject to civil forfeiture. The term includes, but is not
  607  limited to:
  608         (7) Separation gins and sifters used, intended for use, or
  609  designed for use in removing twigs and seeds from, or in
  610  otherwise cleaning or refining, cannabis.
  611         (11)(12) Objects used, intended for use, or designed for
  612  use in ingesting, inhaling, or otherwise introducing cannabis,
  613  cocaine, hashish, hashish oil, or nitrous oxide into the human
  614  body, such as:
  615         (a) Metal, wooden, acrylic, glass, stone, plastic, or
  616  ceramic pipes, with or without screens, permanent screens,
  617  hashish heads, or punctured metal bowls.
  618         (b) Water pipes.
  619         (c) Carburetion tubes and devices.
  620         (d) Smoking and carburetion masks.
  621         (e) Roach clips: meaning objects used to hold burning
  622  material, such as a cannabis cigarette, that has become too
  623  small or too short to be held in the hand.
  624         (f) Miniature cocaine spoons, and cocaine vials.
  625         (g) Chamber pipes.
  626         (h) Carburetor pipes.
  627         (i) Electric pipes.
  628         (j) Air-driven pipes.
  629         (k) Chillums.
  630         (l) Bongs.
  631         (m) Ice pipes or chillers.
  632         (n) A cartridge or canister, which means a small metal
  633  device used to contain nitrous oxide.
  634         (o) A charger, sometimes referred to as a “cracker,” which
  635  means a small metal or plastic device that contains an interior
  636  pin that may be used to expel nitrous oxide from a cartridge or
  637  container.
  638         (p) A charging bottle, which means a device that may be
  639  used to expel nitrous oxide from a cartridge or canister.
  640         (q) A whip-it, which means a device that may be used to
  641  expel nitrous oxide.
  642         (r) A tank.
  643         (s) A balloon.
  644         (t) A hose or tube.
  645         (u) A 2-liter-type soda bottle.
  646         (v) Duct tape.
  647         Section 12. Paragraph (a) of subsection (6) of section
  648  893.147, Florida Statutes, is amended to read:
  649         893.147 Use, possession, manufacture, delivery,
  650  transportation, advertisement, or retail sale of drug
  651  paraphernalia.—
  652         (6) RETAIL SALE OF DRUG PARAPHERNALIA.—
  653         (a) It is unlawful for a person to knowingly and willfully
  654  sell or offer for sale at retail any drug paraphernalia
  655  described in s. 893.145(11)(a)-(c) or (g)-(m) 893.145(12)(a)-(c)
  656  or (g)-(m), other than a pipe that is primarily made of briar,
  657  meerschaum, clay, or corn cob.
  658         Section 13. Section 893.15, Florida Statutes, is amended to
  659  read:
  660         893.15 Rehabilitation.—Any person who violates s.
  661  893.13(5)(a) or (b) 893.13(6)(a) or (b) relating to possession
  662  may, in the discretion of the trial judge, be required to
  663  participate in a substance abuse services program approved or
  664  regulated by the Department of Children and Families pursuant to
  665  the provisions of chapter 397, provided the director of such
  666  program approves the placement of the defendant in such program.
  667  Such required participation shall be imposed in addition to any
  668  penalty or probation otherwise prescribed by law. However, the
  669  total time of such penalty, probation, and program participation
  670  shall not exceed the maximum length of sentence possible for the
  671  offense.
  672         Section 14. Paragraphs (a), (b), (c), (e), (g), (h), and
  673  (i) of subsection (3) of section 921.0022, Florida Statutes, are
  674  amended to read:
  675         921.0022 Criminal Punishment Code; offense severity ranking
  676  chart.—
  677         (3) OFFENSE SEVERITY RANKING CHART
  678         (a) LEVEL 1
  679  
  680  
  681  FloridaStatute    FelonyDegree           Description            
  682  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
  683  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
  684  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  685  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
  686  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
  687  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
  688  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  689  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  690  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
  691  322.212(5)(a)        3rd   False application for driver license or identification card.
  692  414.39(2)            3rd   Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
  693  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  694  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  695  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
  696  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  697  562.27(1)            3rd   Possess still or still apparatus. 
  698  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
  699  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  700  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
  701  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
  702  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  703  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
  704  826.01               3rd   Bigamy.                           
  705  828.122(3)           3rd   Fighting or baiting animals.      
  706  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  707  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  708  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
  709  832.05(2)(b) & (4)(c)   3rd   Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  710  838.15(2)            3rd   Commercial bribe receiving.       
  711  838.16               3rd   Commercial bribery.               
  712  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  713  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  714  849.01               3rd   Keeping gambling house.           
  715  849.09(1)(a)-(d)     3rd   Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  716  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  717  849.25(2)            3rd   Engaging in bookmaking.           
  718  860.08               3rd   Interfere with a railroad signal. 
  719  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  720  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  721  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  722  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  723         (b) LEVEL 2
  724  
  725  
  726  FloridaStatute    FelonyDegree           Description            
  727  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  728  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  729  403.413(6)(c)        3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  730  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
  731  590.28(1)            3rd   Intentional burning of lands.     
  732  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  733  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  734  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  735  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  736  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
  737  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  738  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  739  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  740  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
  741  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  742  817.52(3)            3rd   Failure to redeliver hired vehicle.
  743  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  744  817.60(5)            3rd   Dealing in credit cards of another.
  745  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
  746  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  747  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
  748  831.01               3rd   Forgery.                          
  749  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  750  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
  751  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  752  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  753  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  754  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
  755  843.08               3rd   False personation.                
  756  893.13(2)(a)2.       3rd   Purchase of any 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 other than cannabis.
  757  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
  758         (c) LEVEL 3
  759  
  760  
  761  FloridaStatute    FelonyDegree           Description            
  762  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  763  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  764  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  765  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  766  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  767  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  768  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  769  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  770  327.35(2)(b)         3rd   Felony BUI.                       
  771  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  772  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  773  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  774  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.
  775  379.2431 (1)(e)6.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  776  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
  777  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
  778  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  779  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  780  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  781  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  782  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  783  697.08               3rd   Equity skimming.                  
  784  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  785  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  786  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  787  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  788  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  789  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  790  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
  791  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  792  817.233              3rd   Burning to defraud insurer.       
  793  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  794  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  795  817.236              3rd   Filing a false motor vehicle insurance application.
  796  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  797  817.413(2)           3rd   Sale of used goods as new.        
  798  817.505(4)           3rd   Patient brokering.                
  799  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  800  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  801  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  802  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  803  843.19               3rd   Injure, disable, or kill police dog or horse.
  804  860.15(3)            3rd   Overcharging for repairs and parts.
  805  870.01(2)            3rd   Riot; inciting or encouraging.    
  806  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).
  807  893.13(1)(d)2.       2nd   Sell, 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 1,000 feet of university.
  808  893.13(1)(f)2.       2nd   Sell, 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 1,000 feet of public housing facility.
  809  893.13(5)(a) 893.13(6)(a)   3rd   Possession of any controlled substance other than felony possession of cannabis.
  810  893.13(6)(a)8. 893.13(7)(a)8.   3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  811  893.13(6)(a)9. 893.13(7)(a)9.   3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  812  893.13(6)(a)10. 893.13(7)(a)10.   3rd   Affix false or forged label to package of controlled substance.
  813  893.13(6)(a)11. 893.13(7)(a)11.   3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  814  893.13(7)(a)1. 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.
  815  893.13(7)(a)2. 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.
  816  893.13(7)(a)3.893.13(8)(a)3.   3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  817  893.13(7)(a)4. 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.
  818  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  819  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  820  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  821  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  822         (e) LEVEL 5
  823  
  824  
  825  FloridaStatute    FelonyDegree           Description            
  826  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  827  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  828  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  829  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  830  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  831  379.3671 (2)(c)3.    3rd   Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  832  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  833  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  834  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  835  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  836  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  837  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  838  790.01(2)            3rd   Carrying a concealed firearm.     
  839  790.162              2nd   Threat to throw or discharge destructive device.
  840  790.163(1)           2nd   False report of deadly explosive or weapon of mass destruction.
  841  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  842  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  843  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  844  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  845  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  846  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  847  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  848  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  849  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  850  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  851  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  852  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  853  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  854  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.
  855  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.
  856  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  857  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  858  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  859  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  860  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.
  861  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  862  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  863  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  864  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  865  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  866  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  867  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).
  868  893.13(1)(c)2.       2nd   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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  869  893.13(1)(d)1.       1st   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) within 1,000 feet of university.
  870  893.13(1)(e)2.       2nd   Sell, 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 a specified business site.
  871  893.13(1)(f)1.       1st   Sell, 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 1,000 feet of public housing facility.
  872  893.13(3)(b) 893.13(4)(b)   2nd   Deliver to minor 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).
  873  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  874         (g) LEVEL 7
  875  
  876  
  877  FloridaStatute    FelonyDegree           Description            
  878  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
  879  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  880  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.
  881  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  882  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  883  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  884  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  885  456.065(2)           3rd   Practicing a health care profession without a license.
  886  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  887  458.327(1)           3rd   Practicing medicine without a license.
  888  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  889  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  890  461.012(1)           3rd   Practicing podiatric medicine without a license.
  891  462.17               3rd   Practicing naturopathy without a license.
  892  463.015(1)           3rd   Practicing optometry without a license.
  893  464.016(1)           3rd   Practicing nursing without a license.
  894  465.015(2)           3rd   Practicing pharmacy without a license.
  895  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  896  467.201              3rd   Practicing midwifery without a license.
  897  468.366              3rd   Delivering respiratory care services without a license.
  898  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  899  483.901(9)           3rd   Practicing medical physics without a license.
  900  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  901  484.053              3rd   Dispensing hearing aids without a license.
  902  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.
  903  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.
  904  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  905  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  906  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  907  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  908  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  909  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  910  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  911  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  912  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  913  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  914  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  915  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  916  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  917  784.048(7)           3rd   Aggravated stalking; violation of court order.
  918  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  919  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  920  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  921  784.081(1)           1st   Aggravated battery on specified official or employee.
  922  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  923  784.083(1)           1st   Aggravated battery on code inspector.
  924  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
  925  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.
  926  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  927  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  928  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  929  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  930  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  931  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  932  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  933  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.
  934  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
  935  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
  936  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  937  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.
  938  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.
  939  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  940  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  941  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  942  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  943  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  944  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.
  945  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  946  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  947  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  948  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  949  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  950  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  951  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  952  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  953  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  954  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  955  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  956  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.
  957  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  958  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  959  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.
  960  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  961  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  962  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  963  838.015              2nd   Bribery.                          
  964  838.016              2nd   Unlawful compensation or reward for official behavior.
  965  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  966  838.22               2nd   Bid tampering.                    
  967  843.0855(2)          3rd   Impersonation of a public officer or employee.
  968  843.0855(3)          3rd   Unlawful simulation of legal process.
  969  843.0855(4)          3rd   Intimidation of a public officer or employee.
  970  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  971  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  972  872.06               2nd   Abuse of a dead human body.       
  973  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  974  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  975  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.
  976  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.
  977  893.13(3)(a) 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).
  978  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  979  893.135(1)(a)1.a. 893.135(1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  980  893.135(1)(b)1.a. 893.135(1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  981  893.135(1)(b)2.a. 893.135(1)(c)2.a.   1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  982  893.135(1)(b)2.b. 893.135(1)(c)2.b.   1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  983  893.135(1)(b)3.a. 893.135(1)(c)3.a.   1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  984  893.135(1)(b)3.b. 893.135(1)(c)3.b.   1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  985  893.135(1)(c)1. 893.135(1)(d)1.   1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  986  893.135(1)(d)1. 893.135(1)(e)1.   1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  987  893.135(1)(e)1. 893.135(1)(f)1.   1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  988  893.135(1)(f)1.a. 893.135(1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  989  893.135(1)(g)1.a. 893.135(1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  990  893.135(1)(i)1.a. 893.135(1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  991  893.135(1)(j)2.a. 893.135(1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  992  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  993  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  994  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  995  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  996  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  997  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  998  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  999  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1000  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
 1001  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1002  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1003  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1004  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1005  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1006  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1007         (h) LEVEL 8
 1008  
 1009  
 1010  FloridaStatute    FelonyDegree           Description            
 1011  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
 1012  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
 1013  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
 1014  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
 1015  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
 1016  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.
 1017  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.
 1018  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 1019  777.03(2)(a)         1st   Accessory after the fact, capital felony.
 1020  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.
 1021  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 1022  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
 1023  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
 1024  787.06(3)(a)1.       1st   Human trafficking for labor and services of a child.
 1025  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity of an adult.
 1026  787.06(3)(c)2.       1st   Human trafficking using coercion for labor and services of an unauthorized alien adult.
 1027  787.06(3)(e)1.       1st   Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 1028  787.06(3)(f)2.       1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 1029  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
 1030  794.011(5)(a)        1st   Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 1031  794.011(5)(b)        2nd   Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 1032  794.011(5)(c)        2nd   Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 1033  794.011(5)(d)        1st   Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 1034  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 1035  800.04(4)(b)         2nd   Lewd or lascivious battery.       
 1036  800.04(4)(c)         1st   Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 1037  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 1038  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
 1039  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
 1040  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 1041  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 1042  812.13(2)(b)         1st   Robbery with a weapon.            
 1043  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 1044  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
 1045  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
 1046  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 1047  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.
 1048  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
 1049  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
 1050  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
 1051  825.103(3)(a)        1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 1052  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
 1053  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 1054  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 1055  860.16               1st   Aircraft piracy.                  
 1056  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).
 1057  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1058  893.13(5)(c) 893.13(6)(c)   1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 1059  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 1060  893.135(1)(a)1.b. 893.135(1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
 1061  893.135(1)(b)1.b. 893.135(1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 1062  893.135(1)(b)2.c. 893.135(1)(c)2.c.   1st   Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
 1063  893.135(1)(b)3.c. 893.135(1)(c)3.c.   1st   Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 1064  893.135(1)(c)1.b. 893.135(1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
 1065  893.135(1)(d)1.b. 893.135(1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
 1066  893.135(1)(e)1.b. 893.135(1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
 1067  893.135(1)(f)1.b. 893.135(1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 1068  893.135(1)(g)1.b. 893.135(1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 1069  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 1070  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 1071  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
 1072  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
 1073  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 1074  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
 1075  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 1076  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.
 1077         (i) LEVEL 9
 1078  
 1079  
 1080  FloridaStatute    FelonyDegree           Description            
 1081  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
 1082  327.35 (3)(c)3.b.    1st   BUI manslaughter; failing to render aid or give information.
 1083  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more.
 1084  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 1085  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 1086  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 1087  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 1088  775.0844             1st   Aggravated white collar crime.    
 1089  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
 1090  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.
 1091  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 1092  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
 1093  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
 1094  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
 1095  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
 1096  787.02(3)(a)       1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 1097  787.06(3)(c)1.       1st   Human trafficking for labor and services of an unauthorized alien child.
 1098  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 1099  787.06(3)(f)1.     1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
 1100  790.161              1st   Attempted capital destructive device offense.
 1101  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
 1102  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
 1103  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 1104  794.011(4)(a)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
 1105  794.011(4)(b)        1st   Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 1106  794.011(4)(c)        1st   Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 1107  794.011(4)(d)      1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 1108  794.011(8)(b)      1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 1109  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
 1110  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 1111  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
 1112  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
 1113  812.135(2)(b)        1st   Home-invasion robbery with weapon.
 1114  817.535(3)(b)        1st   Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 1115  817.535(4)(a)2.      1st   Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 1116  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.
 1117  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.
 1118  827.03(2)(a)         1st   Aggravated child abuse.           
 1119  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
 1120  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
 1121  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.
 1122  893.135              1st   Attempted capital trafficking offense.
 1123  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
 1124  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 1125  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 1126  893.135 (1)(c)2.d.   1st   Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 1127  893.135 (1)(c)3.d.   1st   Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 1128  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
 1129  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
 1130  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
 1131  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 1132  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
 1133  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
 1134  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
 1135  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 1136         Section 15. Paragraph (a) of subsection (1) of section
 1137  944.47, Florida Statutes, is amended to read:
 1138         944.47 Introduction, removal, or possession of certain
 1139  articles unlawful; penalty.—
 1140         (1)(a) Except through regular channels as authorized by the
 1141  officer in charge of the correctional institution, it is
 1142  unlawful to introduce into or upon the grounds of any state
 1143  correctional institution, or to take or attempt to take or send
 1144  or attempt to send therefrom, any of the following articles
 1145  which are hereby declared to be contraband for the purposes of
 1146  this section, to wit:
 1147         1. Any written or recorded communication or any currency or
 1148  coin given or transmitted, or intended to be given or
 1149  transmitted, to any inmate of any state correctional
 1150  institution.
 1151         2. Any article of food or clothing given or transmitted, or
 1152  intended to be given or transmitted, to any inmate of any state
 1153  correctional institution.
 1154         3. Any intoxicating beverage or beverage which causes or
 1155  may cause an intoxicating effect.
 1156         4. Any controlled substance as defined in s. 893.02(3)
 1157  893.02(4) or any prescription or nonprescription drug having a
 1158  hypnotic, stimulating, or depressing effect.
 1159         5. Any firearm or weapon of any kind or any explosive
 1160  substance.
 1161         6. Any cellular telephone or other portable communication
 1162  device intentionally and unlawfully introduced inside the secure
 1163  perimeter of any state correctional institution without prior
 1164  authorization or consent from the officer in charge of such
 1165  correctional institution. As used in this subparagraph, the term
 1166  “portable communication device” means any device carried, worn,
 1167  or stored which is designed or intended to receive or transmit
 1168  verbal or written messages, access or store data, or connect
 1169  electronically to the Internet or any other electronic device
 1170  and which allows communications in any form. Such devices
 1171  include, but are not limited to, portable two-way pagers, hand
 1172  held radios, cellular telephones, Blackberry-type devices,
 1173  personal digital assistants or PDA’s, laptop computers, or any
 1174  components of these devices which are intended to be used to
 1175  assemble such devices. The term also includes any new technology
 1176  that is developed for similar purposes. Excluded from this
 1177  definition is any device having communication capabilities which
 1178  has been approved or issued by the department for investigative
 1179  or institutional security purposes or for conducting other state
 1180  business.
 1181         Section 16. Subsection (1) of section 948.20, Florida
 1182  Statutes, is amended to read:
 1183         948.20 Drug offender probation.—
 1184         (1) If it appears to the court upon a hearing that the
 1185  defendant is a chronic substance abuser whose criminal conduct
 1186  is a violation of s. 893.13(2)(a) or (5)(a) (6)(a), or other
 1187  nonviolent felony if such nonviolent felony is committed on or
 1188  after July 1, 2009, and notwithstanding s. 921.0024 the
 1189  defendant’s Criminal Punishment Code scoresheet total sentence
 1190  points are 60 points or fewer, the court may either adjudge the
 1191  defendant guilty or stay and withhold the adjudication of guilt.
 1192  In either case, the court may also stay and withhold the
 1193  imposition of sentence and place the defendant on drug offender
 1194  probation or into a postadjudicatory treatment-based drug court
 1195  program if the defendant otherwise qualifies. As used in this
 1196  section, the term “nonviolent felony” means a third degree
 1197  felony violation under chapter 810 or any other felony offense
 1198  that is not a forcible felony as defined in s. 776.08.
 1199         Section 17. Subsection (1) of section 951.22, Florida
 1200  Statutes, is amended to read:
 1201         951.22 County detention facilities; contraband articles.—
 1202         (1) It is unlawful, except through regular channels as duly
 1203  authorized by the sheriff or officer in charge, to introduce
 1204  into or possess upon the grounds of any county detention
 1205  facility as defined in s. 951.23 or to give to or receive from
 1206  any inmate of any such facility wherever said inmate is located
 1207  at the time or to take or to attempt to take or send therefrom
 1208  any of the following articles which are hereby declared to be
 1209  contraband for the purposes of this act, to wit: Any written or
 1210  recorded communication; any currency or coin; any article of
 1211  food or clothing; any tobacco products as defined in s.
 1212  210.25(11); any cigarette as defined in s. 210.01(1); any cigar;
 1213  any intoxicating beverage or beverage which causes or may cause
 1214  an intoxicating effect; any narcotic, hypnotic, or excitative
 1215  drug or drug of any kind or nature, including nasal inhalators,
 1216  sleeping pills, barbiturates, and controlled substances as
 1217  defined in s. 893.02(3) 893.02(4); any firearm or any
 1218  instrumentality customarily used or which is intended to be used
 1219  as a dangerous weapon; and any instrumentality of any nature
 1220  that may be or is intended to be used as an aid in effecting or
 1221  attempting to effect an escape from a county facility.
 1222         Section 18. Paragraph (a) of subsection (1) of section
 1223  985.711, Florida Statutes, is amended to read:
 1224         985.711 Introduction, removal, or possession of certain
 1225  articles unlawful; penalty.—
 1226         (1)(a) Except as authorized through program policy or
 1227  operating procedure or as authorized by the facility
 1228  superintendent, program director, or manager, a person may not
 1229  introduce into or upon the grounds of a juvenile detention
 1230  facility or commitment program, or take or send, or attempt to
 1231  take or send, from a juvenile detention facility or commitment
 1232  program, any of the following articles, which are declared to be
 1233  contraband under this section:
 1234         1. Any unauthorized article of food or clothing.
 1235         2. Any intoxicating beverage or any beverage that causes or
 1236  may cause an intoxicating effect.
 1237         3. Any controlled substance, as defined in s. 893.02(3)
 1238  893.02(4), or any prescription or nonprescription drug that has
 1239  a hypnotic, stimulating, or depressing effect.
 1240         4. Any firearm or weapon of any kind or any explosive
 1241  substance.
 1242         Section 19. Paragraph (i) of subsection (1) of section
 1243  1003.57, Florida Statutes, is amended to read:
 1244         1003.57 Exceptional students instruction.—
 1245         (1)
 1246         (i) For purposes of paragraph (h), the term:
 1247         1. “Controlled substance” means a drug or other substance
 1248  identified under Schedule I, Schedule II, Schedule III, Schedule
 1249  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
 1250  812(c) and s. 893.02(3) 893.02(4).
 1251         2. “Weapon” means a device, instrument, material, or
 1252  substance, animate or inanimate, which is used for, or is
 1253  readily capable of, causing death or serious bodily injury;
 1254  however, this definition does not include a pocketknife having a
 1255  blade that is less than 2 1/2 inches in length.
 1256         Section 20. This act shall take effect July 1, 2016.

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