Bill Text: FL S1222 | 2024 | Regular Session | Comm Sub
Bill Title: Theft
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/HB 549 [S1222 Detail]
Download: Florida-2024-S1222-Comm_Sub.html
Florida Senate - 2024 CS for SB 1222
By the Committee on Criminal Justice; and Senators Trumbull and
Perry
591-02400-24 20241222c1
1 A bill to be entitled
2 An act relating to theft; amending s. 812.014, F.S.;
3 reducing the minimum threshold amount for grand theft
4 of the third degree; creating the offense of grand
5 theft of the third degree; providing criminal
6 penalties; creating the offense of grand theft of the
7 second degree; providing criminal penalties; creating
8 the offense of petit theft of the first degree;
9 providing criminal penalties; providing enhanced
10 criminal penalties for committing petit theft of the
11 first degree and having certain previous convictions;
12 amending s. 812.015, F.S.; defining the term “social
13 media platform”; revising specified timeframes, from
14 30-day periods to 45-day periods, during which there
15 is a lookback period for the commission of specified
16 retail theft offenses; providing criminal penalties
17 for persons committing certain retail theft acts in
18 concert with a certain number of other persons within
19 one or more establishments for specified purposes;
20 providing criminal penalties for persons who commit
21 retail theft and have certain prior retail theft
22 convictions; providing criminal penalties for persons
23 who commit retail theft who possess a firearm during
24 the commission of such offense; making technical
25 changes; amending s. 921.0022, F.S.; ranking offenses
26 on the offense severity ranking chart of the Criminal
27 Punishment Code; conforming provisions to changes made
28 by the act; conforming a cross-reference; amending s.
29 784.07, F.S.; conforming a cross-reference; making a
30 correction; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Present paragraphs (e) and (f) of subsection (2)
35 of section 812.014, Florida Statutes, are redesignated as
36 paragraphs (f) and (g), respectively, a new paragraph (e) is
37 added to that subsection, and paragraphs (c) and (d) of that
38 subsection are amended, to read:
39 812.014 Theft.—
40 (2)
41 (c) It is grand theft of the third degree and a felony of
42 the third degree, punishable as provided in s. 775.082, s.
43 775.083, or s. 775.084, if the property stolen is:
44 1. Valued at $750 or more, but less than $5,000.
45 2. Valued at $5,000 or more, but less than $10,000.
46 3. Valued at $10,000 or more, but less than $20,000.
47 4. A will, codicil, or other testamentary instrument.
48 5. A firearm, except as provided in paragraph (g) paragraph
49 (f).
50 6. A motor vehicle, except as provided in paragraph (a).
51 7. Any commercially farmed animal, including any animal of
52 the equine, avian, bovine, or swine class or other grazing
53 animal; a bee colony of a registered beekeeper; and aquaculture
54 species raised at a certified aquaculture facility. If the
55 property stolen is a commercially farmed animal, including an
56 animal of the equine, avian, bovine, or swine class or other
57 grazing animal; a bee colony of a registered beekeeper; or an
58 aquaculture species raised at a certified aquaculture facility,
59 a $10,000 fine shall be imposed.
60 8. Any fire extinguisher that, at the time of the taking,
61 was installed in any building for the purpose of fire prevention
62 and control. This subparagraph does not apply to a fire
63 extinguisher taken from the inventory at a point-of-sale
64 business.
65 9. Any amount of citrus fruit consisting of 2,000 or more
66 individual pieces of fruit.
67 10. Taken from a designated construction site identified by
68 the posting of a sign as provided for in s. 810.09(2)(d).
69 11. Any stop sign.
70 12. Anhydrous ammonia.
71 13. Any amount of a controlled substance as defined in s.
72 893.02. Notwithstanding any other law, separate judgments and
73 sentences for theft of a controlled substance under this
74 subparagraph and for any applicable possession of controlled
75 substance offense under s. 893.13 or trafficking in controlled
76 substance offense under s. 893.135 may be imposed when all such
77 offenses involve the same amount or amounts of a controlled
78 substance.
79
80 However, if the property is stolen during a riot or an
81 aggravated riot prohibited under s. 870.01 and the perpetration
82 of the theft is facilitated by conditions arising from the riot;
83 or within a county that is subject to a state of emergency
84 declared by the Governor under chapter 252, the property is
85 stolen after the declaration of emergency is made, and the
86 perpetration of the theft is facilitated by conditions arising
87 from the emergency, the offender commits a felony of the second
88 degree, punishable as provided in s. 775.082, s. 775.083, or s.
89 775.084, if the property is valued at $5,000 or more, but less
90 than $10,000, as provided under subparagraph 2., or if the
91 property is valued at $10,000 or more, but less than $20,000, as
92 provided under subparagraph 3. As used in this paragraph, the
93 terms “conditions arising from a riot” and “conditions arising
94 from the emergency” have the same meanings as provided in
95 paragraph (b). A person arrested for committing a theft during a
96 riot or an aggravated riot or within a county that is subject to
97 a state of emergency may not be released until the person
98 appears before a committing magistrate at a first appearance
99 hearing. For purposes of sentencing under chapter 921, a felony
100 offense that is reclassified under this paragraph is ranked one
101 level above the ranking under s. 921.0022 or s. 921.0023 of the
102 offense committed.
103 (d)1. It is grand theft of the third degree and a felony of
104 the third degree, punishable as provided in s. 775.082, s.
105 775.083, or s. 775.084, if the property stolen is valued at $40
106 $100 or more, but less than $750, and is taken from a dwelling
107 as defined in s. 810.011(2) or from the unenclosed curtilage of
108 a dwelling pursuant to s. 810.09(1).
109 2. It is grand theft of the third degree and a felony of
110 the third degree, punishable as provided in s. 775.082, s.
111 775.083, or s. 775.084, if the property stolen is valued at $750
112 or more, and is taken from a dwelling as defined in s.
113 810.011(2) or from the unenclosed curtilage of a dwelling
114 pursuant to s. 810.09(1).
115 3. It is grand theft of the second degree and a felony of
116 the second degree, punishable as provided in s. 775.082, s.
117 775.083, or s. 775.084, if the property stolen is taken from
118 more than 20 dwellings as defined in s. 810.011(2) or from the
119 unenclosed curtilage of more than 20 dwellings pursuant to s.
120 810.09(1), or any combination thereof.
121 (e)1. It is petit theft of the first degree and a
122 misdemeanor of the first degree, punishable as provided in s.
123 775.082 or s. 775.083, if the property stolen is valued at less
124 than $40 and is taken from a dwelling as defined in s.
125 810.011(2) or from the unenclosed curtilage of a dwelling
126 pursuant to s. 810.09(1).
127 2. A person who commits a violation of subparagraph 1. and
128 has previously been convicted of any theft commits a felony of
129 the third degree, punishable as provided in s. 775.082 or s.
130 775.083.
131 3. A person who commits a violation of subparagraph 1. and
132 has previously been convicted two or more times of any theft
133 commits a felony of the third degree, punishable as provided in
134 s. 775.082 or s. 775.083.
135 Section 2. Present subsection (11) of section 812.015,
136 Florida Statutes, is redesignated as subsection (12), a new
137 subsection (11) is added to that section, and subsections (1),
138 (8), (9), and (10) of that section are amended, to read:
139 812.015 Retail and farm theft; transit fare evasion;
140 mandatory fine; alternative punishment; detention and arrest;
141 exemption from liability for false arrest; resisting arrest;
142 penalties.—
143 (1) As used in this section:
144 (g)(a) “Merchandise” means any personal property, capable
145 of manual delivery, displayed, held, or offered for retail sale
146 by a merchant.
147 (h)(b) “Merchant” means an owner or operator, or the agent,
148 consignee, employee, lessee, or officer of an owner or operator,
149 of any premises or apparatus used for retail purchase or sale of
150 any merchandise.
151 (n)(c) “Value of merchandise” means the retail sale price
152 of the merchandise at the time it was stolen or otherwise
153 removed, depriving the owner of her or his lawful right to
154 ownership and sale of said item.
155 (i)(d) “Retail theft” means the taking possession of or
156 carrying away of merchandise, property, money, or negotiable
157 documents; altering or removing a label, universal product code,
158 or price tag; transferring merchandise from one container to
159 another; or removing a shopping cart, with intent to deprive the
160 merchant of possession, use, benefit, or full retail value.
161 (c)(e) “Farm produce” means livestock or any item grown,
162 produced, or manufactured by a person owning, renting, or
163 leasing land for the purpose of growing, producing, or
164 manufacturing items for sale or personal use, either part time
165 or full time.
166 (e)(f) “Farmer” means a person who is engaging in the
167 growing or producing of farm produce, milk products, honey,
168 eggs, or meat, either part time or full time, for personal
169 consumption or for sale and who is the owner or lessee of the
170 land or a person designated in writing by the owner or lessee to
171 act as her or his agent. No person defined as a farm labor
172 contractor pursuant to s. 450.28 shall be designated to act as
173 an agent for purposes of this section.
174 (d)(g) “Farm theft” means the unlawful taking possession of
175 any items that are grown or produced on land owned, rented, or
176 leased by another person. The term includes the unlawful taking
177 possession of equipment and associated materials used to grow or
178 produce farm products as defined in s. 823.14(3)(e).
179 (a)(h) “Antishoplifting or inventory control device” means
180 a mechanism or other device designed and operated for the
181 purpose of detecting the removal from a mercantile establishment
182 or similar enclosure, or from a protected area within such an
183 enclosure, of specially marked or tagged merchandise. The term
184 includes any electronic or digital imaging or any video
185 recording or other film used for security purposes and the cash
186 register tape or other record made of the register receipt.
187 (b)(i) “Antishoplifting or inventory control device
188 countermeasure” means any item or device which is designed,
189 manufactured, modified, or altered to defeat any antishoplifting
190 or inventory control device.
191 (l)(j) “Transit fare evasion” means the unlawful refusal to
192 pay the appropriate fare for transportation upon a mass transit
193 vehicle, or to evade the payment of such fare, or to enter any
194 mass transit vehicle or facility by any door, passageway, or
195 gate, except as provided for the entry of fare-paying
196 passengers, and shall constitute petit theft as proscribed by
197 this chapter.
198 (f)(k) “Mass transit vehicle” means buses, rail cars, or
199 fixed-guideway mover systems operated by, or under contract to,
200 state agencies, political subdivisions of the state, or
201 municipalities for the transportation of fare-paying passengers.
202 (k)(l) “Transit agency” means any state agency, political
203 subdivision of the state, or municipality which operates mass
204 transit vehicles.
205 (m) “Trespass” means the violation as described in s.
206 810.08.
207 (j) “Social media platform” has the same meaning as in s.
208 501.2041(1).
209 (8) Except as provided in subsection (9) or subsection
210 (11), a person who commits retail theft commits a felony of the
211 third degree, punishable as provided in s. 775.082, s. 775.083,
212 or s. 775.084, if the person:
213 (a) Individually, or in concert with one or more other
214 persons, coordinates the activities of one or more individuals
215 in committing the offense, which may occur through multiple acts
216 of retail theft, in which the amount of each individual theft is
217 aggregated within a 45-day 30-day period to determine the value
218 of the property stolen and such value is $750 or more;
219 (b) Conspires with another person to commit retail theft
220 with the intent to sell the stolen property for monetary or
221 other gain, and subsequently takes or causes such property to be
222 placed in the control of another person in exchange for
223 consideration, in which the stolen property taken or placed
224 within a 45-day 30-day period is aggregated to determine the
225 value of the stolen property and such value is $750 or more;
226 (c) Individually, or in concert with one or more other
227 persons, commits theft from more than one location within a 45
228 day 30-day period, in which the amount of each individual theft
229 is aggregated to determine the value of the property stolen and
230 such value is $750 or more;
231 (d) Acts in concert with one or more other individuals
232 within one or more establishments to distract the merchant,
233 merchant’s employee, or law enforcement officer in order to
234 carry out the offense, or acts in other ways to coordinate
235 efforts to carry out the offense and such value is $750 or more;
236 (e) Commits the offense through the purchase of merchandise
237 in a package or box that contains merchandise other than, or in
238 addition to, the merchandise purported to be contained in the
239 package or box and such value is $750 or more; or
240 (f) Individually, or in concert with one 1 or more other
241 persons, commits five 5 or more retail thefts within a 45-day
242 30-day period and in committing such thefts obtains or uses 10
243 or more items of merchandise, and the number of items stolen
244 during each theft is aggregated within the 45-day 30-day period
245 to determine the total number of items stolen, regardless of the
246 value of such merchandise, and two 2 or more of the thefts occur
247 at different physical merchant locations; or
248 (g) Acts in concert with five or more other persons within
249 one or more establishments for the purpose of overwhelming the
250 response of a merchant, a merchant’s employee, or a law
251 enforcement officer in order to carry out the offense or avoid
252 detection or apprehension for the offense.
253 (9) Except as provided in subsection (11), a person commits
254 a felony of the second degree, punishable as provided in s.
255 775.082, s. 775.083, or s. 775.084, if the person:
256 (a) Violates subsection (8) and has previously been
257 convicted of a violation of subsection (8) or of this
258 subsection;
259 (b) Individually, or in concert with one or more other
260 persons, coordinates the activities of one or more persons in
261 committing the offense of retail theft, in which the amount of
262 each individual theft within a 45-day 30-day period is
263 aggregated to determine the value of the stolen property and
264 such value is in excess of $3,000;
265 (c) Conspires with another person to commit retail theft
266 with the intent to sell the stolen property for monetary or
267 other gain, and subsequently takes or causes such property to be
268 placed in control of another person in exchange for
269 consideration, in which the stolen property taken or placed
270 within a 45-day 30-day period is aggregated to have a value in
271 excess of $3,000; or
272 (d) Individually, or in concert with one 1 or more other
273 persons, commits five 5 or more retail thefts within a 45-day
274 30-day period and in committing such thefts obtains or uses 20
275 or more items of merchandise, and the number of items stolen
276 during each theft is aggregated within the 45-day 30-day period
277 to determine the total number of items stolen, regardless of the
278 value of such merchandise, and two 2 or more of the thefts occur
279 at a different physical retail merchant location; or
280 (e) Acts in concert with five or more other persons within
281 one or more establishments for the purpose of overwhelming the
282 response of a merchant, a merchant’s employee, or a law
283 enforcement officer in order to carry out the offense or avoid
284 detection or apprehension for the offense and, in the course of
285 organizing or committing the offense, solicits the participation
286 of another person in the offense through the use of a social
287 media platform.
288 (10) If a person commits retail theft in more than one
289 judicial circuit within a 45-day 30-day period, the value of the
290 stolen property resulting from the thefts in each judicial
291 circuit may be aggregated, and the person must be prosecuted by
292 the Office of the Statewide Prosecutor in accordance with s.
293 16.56.
294 (11) A person commits a felony of the first degree
295 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
296 if he or she violates subsection (8) or subsection (9) and:
297 (a) Has two or more previous convictions of violations of
298 either or both of those subsections; or
299 (b) Possesses a firearm during the commission of such
300 offense.
301 Section 3. Paragraphs (b), (d), (e), (f), (g), and (h) of
302 subsection (3) of section 921.0022, Florida Statutes, are
303 amended to read:
304 921.0022 Criminal Punishment Code; offense severity ranking
305 chart.—
306 (3) OFFENSE SEVERITY RANKING CHART
307 (b) LEVEL 2
308
309 FloridaStatute FelonyDegree Description
310 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
311 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
312 403.413(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.
313 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
314 590.28(1) 3rd Intentional burning of lands.
315 784.03(3) 3rd Battery during a riot or an aggravated riot.
316 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
317 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
318 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
319 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
320 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
321 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
322 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
323 812.014(2)(d)1.812.014(2)(d) 3rd Grand theft, 3rd degree; $40 $100 or more but less than $750, taken from dwelling or its unenclosed curtilage of dwelling.
324 812.014(2)(e)2. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with one prior theft conviction.
325 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
326 817.234(1)(a)2. 3rd False statement in support of insurance claim.
327 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
328 817.52(3) 3rd Failure to redeliver hired vehicle.
329 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
330 817.60(5) 3rd Dealing in credit cards of another.
331 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
332 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
333 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
334 831.01 3rd Forgery.
335 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
336 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
337 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
338 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
339 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
340 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
341 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances.
342 843.08 3rd False personation.
343 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse.
344 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
345 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
346 (d) LEVEL 4
347
348 FloridaStatute FelonyDegree Description
349 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
350 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
351 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
352 517.07(1) 3rd Failure to register securities.
353 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
354 784.031 3rd Battery by strangulation.
355 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
356 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
357 784.075 3rd Battery on detention or commitment facility staff.
358 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
359 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
360 784.081(3) 3rd Battery on specified official or employee.
361 784.082(3) 3rd Battery by detained person on visitor or other detainee.
362 784.083(3) 3rd Battery on code inspector.
363 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
364 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
365 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
366 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
367 787.07 3rd Human smuggling.
368 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
369 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
370 790.115(2)(c) 3rd Possessing firearm on school property.
371 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
372 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
373 806.135 2nd Destroying or demolishing a memorial or historic property.
374 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
375 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
376 810.06 3rd Burglary; possession of tools.
377 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
378 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
379 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
380 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
381 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions.
382 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
383 817.505(4)(a) 3rd Patient brokering.
384 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
385 817.568(2)(a) 3rd Fraudulent use of personal identification information.
386 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
387 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
388 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
389 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
390 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
391 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
392 837.02(1) 3rd Perjury in official proceedings.
393 837.021(1) 3rd Make contradictory statements in official proceedings.
394 838.022 3rd Official misconduct.
395 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
396 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
397 843.021 3rd Possession of a concealed handcuff key by a person in custody.
398 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
399 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
400 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
401 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
402 870.01(3) 2nd Aggravated rioting.
403 870.01(5) 2nd Aggravated inciting a riot.
404 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
405 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
406 914.14(2) 3rd Witnesses accepting bribes.
407 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
408 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
409 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
410 918.12 3rd Tampering with jurors.
411 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
412 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
413 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
414 (e) LEVEL 5
415
416 FloridaStatute FelonyDegree Description
417 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
418 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
419 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
420 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
421 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
422 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
423 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
424 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
425 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
426 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
427 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
428 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
429 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
430 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
431 790.01(3) 3rd Unlawful carrying of a concealed firearm.
432 790.162 2nd Threat to throw or discharge destructive device.
433 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
434 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
435 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
436 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
437 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
438 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
439 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
440 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
441 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
442 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
443 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
444 812.015(8)(g) 3rd Retail theft; in concert with five or more other persons within one or more establishments.
445 812.019(1) 2nd Stolen property; dealing in or trafficking in.
446 812.081(3) 2nd Trafficking in trade secrets.
447 812.131(2)(b) 3rd Robbery by sudden snatching.
448 812.16(2) 3rd Owning, operating, or conducting a chop shop.
449 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
450 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
451 817.2341(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.
452 817.568(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.
453 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
454 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
455 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
456 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
457 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
458 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
459 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
460 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
461 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
462 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
463 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
464 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
465 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
466 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
467 893.13(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)5. drugs).
468 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
469 893.13(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)5. drugs) within 1,000 feet of university.
470 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
471 893.13(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)5. drugs) within 1,000 feet of public housing facility.
472 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
473 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
474 (f) LEVEL 6
475
476 FloridaStatute FelonyDegree Description
477 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
478 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
479 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
480 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
481 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
482 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
483 775.0875(1) 3rd Taking firearm from law enforcement officer.
484 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
485 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
486 784.041 3rd Felony battery; domestic battery by strangulation.
487 784.048(3) 3rd Aggravated stalking; credible threat.
488 784.048(5) 3rd Aggravated stalking of person under 16.
489 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
490 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
491 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
492 784.081(2) 2nd Aggravated assault on specified official or employee.
493 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
494 784.083(2) 2nd Aggravated assault on code inspector.
495 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
496 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
497 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
498 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
499 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
500 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
501 794.05(1) 2nd Unlawful sexual activity with specified minor.
502 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
503 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
504 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
505 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
506 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
507 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
508 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
509 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
510 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
511 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 45 30 days is $3,000 or more; coordination of others.
512 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
513 812.015(9)(e) 2nd Retail theft; in concert with five or more other persons within one or more establishments and solicits participation.
514 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
515 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
516 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
517 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
518 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
519 825.102(1) 3rd Abuse of an elderly person or disabled adult.
520 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
521 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
522 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
523 827.03(2)(c) 3rd Abuse of a child.
524 827.03(2)(d) 3rd Neglect of a child.
525 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
526 828.126(3) 3rd Sexual activities involving animals.
527 836.05 2nd Threats; extortion.
528 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
529 843.12 3rd Aids or assists person to escape.
530 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
531 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
532 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
533 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
534 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
535 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
536 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
537 944.40 2nd Escapes.
538 944.46 3rd Harboring, concealing, aiding escaped prisoners.
539 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
540 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
541 (g) LEVEL 7
542
543 FloridaStatute FelonyDegree Description
544 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
545 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
546 316.1935(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.
547 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
548 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
549 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
550 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
551 456.065(2) 3rd Practicing a health care profession without a license.
552 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
553 458.327(1) 3rd Practicing medicine without a license.
554 459.013(1) 3rd Practicing osteopathic medicine without a license.
555 460.411(1) 3rd Practicing chiropractic medicine without a license.
556 461.012(1) 3rd Practicing podiatric medicine without a license.
557 462.17 3rd Practicing naturopathy without a license.
558 463.015(1) 3rd Practicing optometry without a license.
559 464.016(1) 3rd Practicing nursing without a license.
560 465.015(2) 3rd Practicing pharmacy without a license.
561 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
562 467.201 3rd Practicing midwifery without a license.
563 468.366 3rd Delivering respiratory care services without a license.
564 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
565 483.901(7) 3rd Practicing medical physics without a license.
566 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
567 484.053 3rd Dispensing hearing aids without a license.
568 494.0018(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.
569 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
570 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
571 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
572 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
573 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
574 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
575 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
576 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
577 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
578 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
579 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
580 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
581 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
582 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
583 784.048(7) 3rd Aggravated stalking; violation of court order.
584 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
585 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
586 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
587 784.081(1) 1st Aggravated battery on specified official or employee.
588 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
589 784.083(1) 1st Aggravated battery on code inspector.
590 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
591 787.06(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.
592 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
593 790.16(1) 1st Discharge of a machine gun under specified circumstances.
594 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
595 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
596 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
597 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
598 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
599 794.08(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.
600 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
601 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
602 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
603 800.04(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.
604 800.04(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.
605 806.01(2) 2nd Maliciously damage structure by fire or explosive.
606 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
607 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
608 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
609 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
610 812.014(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.
611 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
612 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
613 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
614 812.014(2)(g)812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
615 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
616 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
617 812.131(2)(a) 2nd Robbery by sudden snatching.
618 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
619 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
620 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
621 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
622 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
623 817.2341 (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.
624 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
625 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
626 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
627 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
628 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
629 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
630 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
631 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
632 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
633 838.015 2nd Bribery.
634 838.016 2nd Unlawful compensation or reward for official behavior.
635 838.021(3)(a) 2nd Unlawful harm to a public servant.
636 838.22 2nd Bid tampering.
637 843.0855(2) 3rd Impersonation of a public officer or employee.
638 843.0855(3) 3rd Unlawful simulation of legal process.
639 843.0855(4) 3rd Intimidation of a public officer or employee.
640 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
641 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
642 872.06 2nd Abuse of a dead human body.
643 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
644 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
645 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
646 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
647 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
648 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
649 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
650 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
651 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
652 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
653 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
654 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
655 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
656 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
657 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
658 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
659 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
660 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
661 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
662 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
663 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
664 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
665 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
666 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
667 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
668 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
669 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
670 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
671 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
672 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
673 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
674 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
675 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
676 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
677 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
678 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
679 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
680 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
681 (h) LEVEL 8
682
683 FloridaStatute FelonyDegree Description
684 316.193 (3)(c)3.a. 2nd DUI manslaughter.
685 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
686 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
687 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
688 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
689 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
690 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
691 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
692 777.03(2)(a) 1st Accessory after the fact, capital felony.
693 782.04(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.
694 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
695 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
696 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
697 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
698 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
699 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
700 787.06(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.
701 787.06(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.
702 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
703 794.011(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.
704 794.011(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.
705 794.011(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.
706 794.011(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.
707 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
708 800.04(4)(b) 2nd Lewd or lascivious battery.
709 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
710 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
711 810.02(2)(a) 1st,PBL Burglary with assault or battery.
712 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
713 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
714 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
715 812.015(11)(b) 1st Retail theft; possession of a firearm during commission of offense.
716 812.13(2)(b) 1st Robbery with a weapon.
717 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
718 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
719 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
720 817.505(4)(c) 1st Patient brokering; 20 or more patients.
721 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
722 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
723 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
724 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
725 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
726 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
727 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
728 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
729 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
730 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
731 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
732 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
733 860.16 1st Aircraft piracy.
734 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
735 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
736 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
737 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
738 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
739 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
740 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
741 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
742 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
743 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
744 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
745 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
746 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
747 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
748 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
749 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
750 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
751 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
752 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
753 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
754 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
755 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
756 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
757 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
758 Section 4. Paragraph (f) of subsection (1) of section
759 784.07, Florida Statutes, is amended to read:
760 784.07 Assault or battery of law enforcement officers and
761 other specified personnel; reclassification of offenses; minimum
762 sentences.—
763 (1) As used in this section, the term:
764 (f) “Public transit employees or agents” means bus
765 operators, train operators, revenue collectors, security
766 personnel, equipment maintenance personnel, or field
767 supervisors, who are employees or agents of a transit agency as
768 defined described in s. 812.015(1) s. 812.015(1)(l).
769 Section 5. This act shall take effect October 1, 2024.
