Bill Text: FL S1436 | 2017 | Regular Session | Introduced
Bill Title: Controlled Substance Offenses
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Judiciary [S1436 Detail]
Download: Florida-2017-S1436-Introduced.html
Florida Senate - 2017 SB 1436
By Senator Clemens
31-00532A-17 20171436__
1 A bill to be entitled
2 An act relating to controlled substance offenses;
3 amending s. 893.135, F.S.; reducing minimum mandatory
4 sentences for certain trafficking offenses; increasing
5 the threshold amounts for certain trafficking
6 offenses; authorizing downward departures for
7 sentences for certain violations involving trafficking
8 of hydrocodone or oxycodone; amending s. 921.0024,
9 F.S.; increasing the sentencing scoresheet multiplier
10 for drug trafficking offenses; revising provisions
11 relating to state motions for suspended sentences for
12 certain violations; amending s. 921.0022, F.S.;
13 conforming provisions to changes made by the act;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraphs (a), (b), and (c) of subsection (1)
19 of section 893.135, Florida Statutes, are amended to read:
20 893.135 Trafficking; mandatory sentences; suspension or
21 reduction of sentences; conspiracy to engage in trafficking.—
22 (1) Except as authorized in this chapter or in chapter 499
23 and notwithstanding the provisions of s. 893.13:
24 (a) Any person who knowingly sells, purchases,
25 manufactures, delivers, or brings into this state, or who is
26 knowingly in actual or constructive possession of, in excess of
27 25 pounds of cannabis, or 300 or more cannabis plants, commits a
28 felony of the first degree, which felony shall be known as
29 “trafficking in cannabis,” punishable as provided in s. 775.082,
30 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
31 1. Is in excess of 25 pounds, but less than 2,000 pounds,
32 or is 300 or more cannabis plants, but not more than 2,000
33 cannabis plants, such person shall be sentenced to a mandatory
34 minimum term of imprisonment of 2 3 years, and the defendant
35 shall be ordered to pay a fine of $25,000.
36 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
37 is 2,000 or more cannabis plants, but not more than 10,000
38 cannabis plants, such person shall be sentenced to a mandatory
39 minimum term of imprisonment of 5 7 years, and the defendant
40 shall be ordered to pay a fine of $50,000.
41 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
42 plants, such person shall be sentenced to a mandatory minimum
43 term of imprisonment of 10 15 calendar years and pay a fine of
44 $200,000.
45
46 For the purpose of this paragraph, a plant, including, but not
47 limited to, a seedling or cutting, is a “cannabis plant” if it
48 has some readily observable evidence of root formation, such as
49 root hairs. To determine if a piece or part of a cannabis plant
50 severed from the cannabis plant is itself a cannabis plant, the
51 severed piece or part must have some readily observable evidence
52 of root formation, such as root hairs. Callous tissue is not
53 readily observable evidence of root formation. The viability and
54 sex of a plant and the fact that the plant may or may not be a
55 dead harvested plant are not relevant in determining if the
56 plant is a “cannabis plant” or in the charging of an offense
57 under this paragraph. Upon conviction, the court shall impose
58 the longest term of imprisonment provided for in this paragraph.
59 (b)1. Any person who knowingly sells, purchases,
60 manufactures, delivers, or brings into this state, or who is
61 knowingly in actual or constructive possession of, 28 grams or
62 more of cocaine, as described in s. 893.03(2)(a)4., or of any
63 mixture containing cocaine, but less than 150 kilograms of
64 cocaine or any such mixture, commits a felony of the first
65 degree, which felony shall be known as “trafficking in cocaine,”
66 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
67 If the quantity involved:
68 a. Is 50 28 grams or more, but less than 300 200 grams,
69 such person shall be sentenced to a mandatory minimum term of
70 imprisonment of 2 3 years, and the defendant shall be ordered to
71 pay a fine of $50,000.
72 b. Is 300 200 grams or more, but less than 500 400 grams,
73 such person shall be sentenced to a mandatory minimum term of
74 imprisonment of 5 7 years, and the defendant shall be ordered to
75 pay a fine of $100,000.
76 c. Is 500 400 grams or more, but less than 150 kilograms,
77 such person shall be sentenced to a mandatory minimum term of
78 imprisonment of 10 15 calendar years and pay a fine of $250,000.
79 2. Any person who knowingly sells, purchases, manufactures,
80 delivers, or brings into this state, or who is knowingly in
81 actual or constructive possession of, 150 kilograms or more of
82 cocaine, as described in s. 893.03(2)(a)4., commits the first
83 degree felony of trafficking in cocaine. A person who has been
84 convicted of the first degree felony of trafficking in cocaine
85 under this subparagraph shall be punished by life imprisonment
86 and is ineligible for any form of discretionary early release
87 except pardon or executive clemency or conditional medical
88 release under s. 947.149. However, if the court determines that,
89 in addition to committing any act specified in this paragraph:
90 a. The person intentionally killed an individual or
91 counseled, commanded, induced, procured, or caused the
92 intentional killing of an individual and such killing was the
93 result; or
94 b. The person’s conduct in committing that act led to a
95 natural, though not inevitable, lethal result,
96
97 such person commits the capital felony of trafficking in
98 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
99 person sentenced for a capital felony under this paragraph shall
100 also be sentenced to pay the maximum fine provided under
101 subparagraph 1.
102 3. Any person who knowingly brings into this state 300
103 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
104 and who knows that the probable result of such importation would
105 be the death of any person, commits capital importation of
106 cocaine, a capital felony punishable as provided in ss. 775.082
107 and 921.142. Any person sentenced for a capital felony under
108 this paragraph shall also be sentenced to pay the maximum fine
109 provided under subparagraph 1.
110 (c)1. A person who knowingly sells, purchases,
111 manufactures, delivers, or brings into this state, or who is
112 knowingly in actual or constructive possession of, 4 grams or
113 more of any morphine, opium, hydromorphone, or any salt,
114 derivative, isomer, or salt of an isomer thereof, including
115 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
116 (3)(c)4., or 4 grams or more of any mixture containing any such
117 substance, but less than 30 kilograms of such substance or
118 mixture, commits a felony of the first degree, which felony
119 shall be known as “trafficking in illegal drugs,” punishable as
120 provided in s. 775.082, s. 775.083, or s. 775.084. If the
121 quantity involved:
122 a. Is 4 grams or more, but less than 14 grams, such person
123 shall be sentenced to a mandatory minimum term of imprisonment
124 of 3 years and shall be ordered to pay a fine of $50,000.
125 b. Is 14 grams or more, but less than 28 grams, such person
126 shall be sentenced to a mandatory minimum term of imprisonment
127 of 15 years and shall be ordered to pay a fine of $100,000.
128 c. Is 28 grams or more, but less than 30 kilograms, such
129 person shall be sentenced to a mandatory minimum term of
130 imprisonment of 25 years and shall be ordered to pay a fine of
131 $500,000.
132 2. A person who knowingly sells, purchases, manufactures,
133 delivers, or brings into this state, or who is knowingly in
134 actual or constructive possession of, 14 grams or more of
135 hydrocodone, or any salt, derivative, isomer, or salt of an
136 isomer thereof, or 14 grams or more of any mixture containing
137 any such substance, commits a felony of the first degree, which
138 felony shall be known as “trafficking in hydrocodone,”
139 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
140 If the quantity involved:
141 a. Is 14 grams or more, but less than 28 grams, such person
142 shall be sentenced to a mandatory minimum term of imprisonment
143 of 3 years and shall be ordered to pay a fine of $50,000.
144 a.b. Is 28 grams or more, but less than 50 grams, such
145 person shall be sentenced to a mandatory minimum term of
146 imprisonment of 5 7 years and shall be ordered to pay a fine of
147 $100,000.
148 b.c. Is 50 grams or more, but less than 200 grams, such
149 person shall be sentenced to a mandatory minimum term of
150 imprisonment of 10 15 years and shall be ordered to pay a fine
151 of $500,000.
152 c.d. Is 200 grams or more, but less than 30 kilograms, such
153 person shall be sentenced to a mandatory minimum term of
154 imprisonment of 15 25 years and shall be ordered to pay a fine
155 of $750,000.
156 d. A person convicted of a violation of this subparagraph
157 in which the quantity involved was less than 200 grams may move
158 the sentencing court to depart from the mandatory minimum term
159 and, if applicable, any mandatory fine. The state attorney may
160 file an objection to the motion. The sentencing court may depart
161 from the mandatory minimum sentence if the court finds that
162 imposition of the mandatory minimum sentence is not necessary
163 for the protection of the public. However, the sentencing court
164 may not impose a sentence lower than the lowest permissible
165 sentence as calculated according to the total sentence points
166 pursuant to s. 921.0024.
167 3. A person who knowingly sells, purchases, manufactures,
168 delivers, or brings into this state, or who is knowingly in
169 actual or constructive possession of, 7 grams or more of
170 oxycodone, or any salt, derivative, isomer, or salt of an isomer
171 thereof, or 7 grams or more of any mixture containing any such
172 substance, commits a felony of the first degree, which felony
173 shall be known as “trafficking in oxycodone,” punishable as
174 provided in s. 775.082, s. 775.083, or s. 775.084. If the
175 quantity involved:
176 a. Is 7 grams or more, but less than 14 grams, such person
177 shall be sentenced to a mandatory minimum term of imprisonment
178 of 3 years and shall be ordered to pay a fine of $50,000.
179 a.b. Is 14 grams or more, but less than 25 grams, such
180 person shall be sentenced to a mandatory minimum term of
181 imprisonment of 5 7 years and shall be ordered to pay a fine of
182 $100,000.
183 b.c. Is 25 grams or more, but less than 100 grams, such
184 person shall be sentenced to a mandatory minimum term of
185 imprisonment of 10 15 years and shall be ordered to pay a fine
186 of $500,000.
187 c.d. Is 100 grams or more, but less than 30 kilograms, such
188 person shall be sentenced to a mandatory minimum term of
189 imprisonment of 15 25 years and shall be ordered to pay a fine
190 of $750,000.
191 d. A person convicted of a violation of this subparagraph
192 in which the quantity involved was less than 100 grams may move
193 the sentencing court to depart from the mandatory minimum term
194 and, if applicable, any mandatory fine. The state attorney may
195 file an objection to the motion. The sentencing court may depart
196 from the mandatory minimum sentence if the court finds that
197 imposition of the mandatory minimum sentence is not necessary
198 for the protection of the public. However, the sentencing court
199 may not impose a sentence lower than the lowest permissible
200 sentence as calculated according to the total sentence points
201 pursuant to s. 921.0024.
202 4. A person who knowingly sells, purchases, manufactures,
203 delivers, or brings into this state, or who is knowingly in
204 actual or constructive possession of, 30 kilograms or more of
205 any morphine, opium, oxycodone, hydrocodone, hydromorphone, or
206 any salt, derivative, isomer, or salt of an isomer thereof,
207 including heroin, as described in s. 893.03(1)(b), (2)(a),
208 (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
209 containing any such substance, commits the first degree felony
210 of trafficking in illegal drugs. A person who has been convicted
211 of the first degree felony of trafficking in illegal drugs under
212 this subparagraph shall be punished by life imprisonment and is
213 ineligible for any form of discretionary early release except
214 pardon or executive clemency or conditional medical release
215 under s. 947.149. However, if the court determines that, in
216 addition to committing any act specified in this paragraph:
217 a. The person intentionally killed an individual or
218 counseled, commanded, induced, procured, or caused the
219 intentional killing of an individual and such killing was the
220 result; or
221 b. The person’s conduct in committing that act led to a
222 natural, though not inevitable, lethal result,
223
224 such person commits the capital felony of trafficking in illegal
225 drugs, punishable as provided in ss. 775.082 and 921.142. A
226 person sentenced for a capital felony under this paragraph shall
227 also be sentenced to pay the maximum fine provided under
228 subparagraph 1.
229 5. A person who knowingly brings into this state 60
230 kilograms or more of any morphine, opium, oxycodone,
231 hydrocodone, hydromorphone, or any salt, derivative, isomer, or
232 salt of an isomer thereof, including heroin, as described in s.
233 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
234 more of any mixture containing any such substance, and who knows
235 that the probable result of such importation would be the death
236 of a person, commits capital importation of illegal drugs, a
237 capital felony punishable as provided in ss. 775.082 and
238 921.142. A person sentenced for a capital felony under this
239 paragraph shall also be sentenced to pay the maximum fine
240 provided under subparagraph 1.
241 Section 2. Paragraph (b) of subsection (1) of section
242 921.0024, Florida Statutes, is amended to read:
243 921.0024 Criminal Punishment Code; worksheet computations;
244 scoresheets.—
245 (1)
246 (b) WORKSHEET KEY:
247
248 Legal status points are assessed when any form of legal status
249 existed at the time the offender committed an offense before the
250 court for sentencing. Four (4) sentence points are assessed for
251 an offender’s legal status.
252
253 Community sanction violation points are assessed when a
254 community sanction violation is before the court for sentencing.
255 Six (6) sentence points are assessed for each community sanction
256 violation and each successive community sanction violation,
257 unless any of the following apply:
258 1. If the community sanction violation includes a new
259 felony conviction before the sentencing court, twelve (12)
260 community sanction violation points are assessed for the
261 violation, and for each successive community sanction violation
262 involving a new felony conviction.
263 2. If the community sanction violation is committed by a
264 violent felony offender of special concern as defined in s.
265 948.06:
266 a. Twelve (12) community sanction violation points are
267 assessed for the violation and for each successive violation of
268 felony probation or community control where:
269 I. The violation does not include a new felony conviction;
270 and
271 II. The community sanction violation is not based solely on
272 the probationer or offender’s failure to pay costs or fines or
273 make restitution payments.
274 b. Twenty-four (24) community sanction violation points are
275 assessed for the violation and for each successive violation of
276 felony probation or community control where the violation
277 includes a new felony conviction.
278
279 Multiple counts of community sanction violations before the
280 sentencing court shall not be a basis for multiplying the
281 assessment of community sanction violation points.
282
283 Prior serious felony points: If the offender has a primary
284 offense or any additional offense ranked in level 8, level 9, or
285 level 10, and one or more prior serious felonies, a single
286 assessment of thirty (30) points shall be added. For purposes of
287 this section, a prior serious felony is an offense in the
288 offender’s prior record that is ranked in level 8, level 9, or
289 level 10 under s. 921.0022 or s. 921.0023 and for which the
290 offender is serving a sentence of confinement, supervision, or
291 other sanction or for which the offender’s date of release from
292 confinement, supervision, or other sanction, whichever is later,
293 is within 3 years before the date the primary offense or any
294 additional offense was committed.
295
296 Prior capital felony points: If the offender has one or more
297 prior capital felonies in the offender’s criminal record, points
298 shall be added to the subtotal sentence points of the offender
299 equal to twice the number of points the offender receives for
300 the primary offense and any additional offense. A prior capital
301 felony in the offender’s criminal record is a previous capital
302 felony offense for which the offender has entered a plea of nolo
303 contendere or guilty or has been found guilty; or a felony in
304 another jurisdiction which is a capital felony in that
305 jurisdiction, or would be a capital felony if the offense were
306 committed in this state.
307
308 Possession of a firearm, semiautomatic firearm, or machine gun:
309 If the offender is convicted of committing or attempting to
310 commit any felony other than those enumerated in s. 775.087(2)
311 while having in his or her possession: a firearm as defined in
312 s. 790.001(6), an additional eighteen (18) sentence points are
313 assessed; or if the offender is convicted of committing or
314 attempting to commit any felony other than those enumerated in
315 s. 775.087(3) while having in his or her possession a
316 semiautomatic firearm as defined in s. 775.087(3) or a machine
317 gun as defined in s. 790.001(9), an additional twenty-five (25)
318 sentence points are assessed.
319
320 Sentencing multipliers:
321
322 Drug trafficking: If the primary offense is drug trafficking
323 under s. 893.135, the subtotal sentence points are multiplied,
324 at the discretion of the court, for a level 7 or level 8
325 offense, by 2 1.5. The state attorney may move the sentencing
326 court to reduce or suspend the sentence of a person convicted of
327 a level 7 or level 8 offense, if the offender provides
328 substantial assistance as described in s. 893.135(4).
329
330 Law enforcement protection: If the primary offense is a
331 violation of the Law Enforcement Protection Act under s.
332 775.0823(2), (3), or (4), the subtotal sentence points are
333 multiplied by 2.5. If the primary offense is a violation of s.
334 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
335 are multiplied by 2.0. If the primary offense is a violation of
336 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
337 Protection Act under s. 775.0823(10) or (11), the subtotal
338 sentence points are multiplied by 1.5.
339
340 Grand theft of a motor vehicle: If the primary offense is grand
341 theft of the third degree involving a motor vehicle and in the
342 offender’s prior record, there are three or more grand thefts of
343 the third degree involving a motor vehicle, the subtotal
344 sentence points are multiplied by 1.5.
345
346 Offense related to a criminal gang: If the offender is convicted
347 of the primary offense and committed that offense for the
348 purpose of benefiting, promoting, or furthering the interests of
349 a criminal gang as defined in s. 874.03, the subtotal sentence
350 points are multiplied by 1.5. If applying the multiplier results
351 in the lowest permissible sentence exceeding the statutory
352 maximum sentence for the primary offense under chapter 775, the
353 court may not apply the multiplier and must sentence the
354 defendant to the statutory maximum sentence.
355
356 Domestic violence in the presence of a child: If the offender is
357 convicted of the primary offense and the primary offense is a
358 crime of domestic violence, as defined in s. 741.28, which was
359 committed in the presence of a child under 16 years of age who
360 is a family or household member as defined in s. 741.28(3) with
361 the victim or perpetrator, the subtotal sentence points are
362 multiplied by 1.5.
363
364 Adult-on-minor sex offense: If the offender was 18 years of age
365 or older and the victim was younger than 18 years of age at the
366 time the offender committed the primary offense, and if the
367 primary offense was an offense committed on or after October 1,
368 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
369 violation involved a victim who was a minor and, in the course
370 of committing that violation, the defendant committed a sexual
371 battery under chapter 794 or a lewd act under s. 800.04 or s.
372 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
373 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
374 800.04; or s. 847.0135(5), the subtotal sentence points are
375 multiplied by 2.0. If applying the multiplier results in the
376 lowest permissible sentence exceeding the statutory maximum
377 sentence for the primary offense under chapter 775, the court
378 may not apply the multiplier and must sentence the defendant to
379 the statutory maximum sentence.
380 Section 3. Paragraphs (g), (h), and (i) of subsection (3)
381 of section 921.0022, Florida Statutes, are amended to read:
382 921.0022 Criminal Punishment Code; offense severity ranking
383 chart.—
384 (3) OFFENSE SEVERITY RANKING CHART
385 (g) LEVEL 7
386
387 FloridaStatute FelonyDegree Description
388 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
389 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
390 316.1935(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.
391 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
392 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
393 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
394 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
395 456.065(2) 3rd Practicing a health care profession without a license.
396 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
397 458.327(1) 3rd Practicing medicine without a license.
398 459.013(1) 3rd Practicing osteopathic medicine without a license.
399 460.411(1) 3rd Practicing chiropractic medicine without a license.
400 461.012(1) 3rd Practicing podiatric medicine without a license.
401 462.17 3rd Practicing naturopathy without a license.
402 463.015(1) 3rd Practicing optometry without a license.
403 464.016(1) 3rd Practicing nursing without a license.
404 465.015(2) 3rd Practicing pharmacy without a license.
405 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
406 467.201 3rd Practicing midwifery without a license.
407 468.366 3rd Delivering respiratory care services without a license.
408 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
409 483.901(7) 3rd Practicing medical physics without a license.
410 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
411 484.053 3rd Dispensing hearing aids without a license.
412 494.0018(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.
413 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
414 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
415 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
416 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
417 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
418 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
419 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
420 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
421 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
422 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
423 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
424 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
425 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
426 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
427 784.048(7) 3rd Aggravated stalking; violation of court order.
428 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
429 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
430 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
431 784.081(1) 1st Aggravated battery on specified official or employee.
432 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
433 784.083(1) 1st Aggravated battery on code inspector.
434 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
435 787.06(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.
436 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
437 790.16(1) 1st Discharge of a machine gun under specified circumstances.
438 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
439 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
440 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
441 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
442 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
443 794.08(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.
444 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
445 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
446 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
447 800.04(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.
448 800.04(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.
449 806.01(2) 2nd Maliciously damage structure by fire or explosive.
450 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
451 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
452 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
453 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
454 812.014(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.
455 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
456 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
457 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
458 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
459 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
460 812.131(2)(a) 2nd Robbery by sudden snatching.
461 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
462 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
463 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
464 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
465 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
466 817.2341 (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.
467 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
468 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
469 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
470 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
471 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
472 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
473 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
474 838.015 2nd Bribery.
475 838.016 2nd Unlawful compensation or reward for official behavior.
476 838.021(3)(a) 2nd Unlawful harm to a public servant.
477 838.22 2nd Bid tampering.
478 843.0855(2) 3rd Impersonation of a public officer or employee.
479 843.0855(3) 3rd Unlawful simulation of legal process.
480 843.0855(4) 3rd Intimidation of a public officer or employee.
481 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
482 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
483 872.06 2nd Abuse of a dead human body.
484 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
485 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
486 893.13(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.
487 893.13(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.
488 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
489 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
490 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 50 28 grams, less than 300 200 grams.
491 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
492 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
493 893.135 (1)(c)2.a. 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
494 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
495 893.135 (1)(c)3.a. 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
496 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
497 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
498 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
499 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
500 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
501 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
502 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
503 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
504 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
505 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
506 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
507 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
508 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
509 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
510 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
511 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
512 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
513 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
514 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
515 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
516 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
517 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
518 (h) LEVEL 8
519
520 FloridaStatute FelonyDegree Description
521 316.193 (3)(c)3.a. 2nd DUI manslaughter.
522 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
523 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
524 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
525 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
526 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
527 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
528 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
529 777.03(2)(a) 1st Accessory after the fact, capital felony.
530 782.04(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.
531 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
532 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
533 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
534 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
535 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
536 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
537 787.06(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.
538 787.06(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.
539 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
540 794.011(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.
541 794.011(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.
542 794.011(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.
543 794.011(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.
544 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
545 800.04(4)(b) 2nd Lewd or lascivious battery.
546 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
547 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
548 810.02(2)(a) 1st,PBL Burglary with assault or battery.
549 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
550 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
551 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
552 812.13(2)(b) 1st Robbery with a weapon.
553 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
554 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
555 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
556 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
557 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
558 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
559 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
560 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
561 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
562 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
563 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
564 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
565 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
566 860.16 1st Aircraft piracy.
567 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
568 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
569 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
570 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
571 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 300 200 grams, less than 500 400 grams.
572 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
573 893.135 (1)(c)2.b. 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams.
574 893.135 (1)(c)3.b. 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
575 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
576 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
577 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
578 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
579 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
580 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
581 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
582 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
583 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
584 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
585 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
586 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
587 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
588 (i) LEVEL 9
589
590 FloridaStatute FelonyDegree Description
591 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
592 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
593 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
594 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
595 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
596 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
597 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
598 775.0844 1st Aggravated white collar crime.
599 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
600 782.04(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.
601 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
602 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
603 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
604 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
605 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
606 787.02(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.
607 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
608 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
609 787.06(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.
610 790.161 1st Attempted capital destructive device offense.
611 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
612 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
613 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
614 794.011(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.
615 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
616 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
617 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
618 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
619 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
620 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
621 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
622 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
623 812.135(2)(b) 1st Home-invasion robbery with weapon.
624 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
625 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
626 817.535(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.
627 817.568(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.
628 827.03(2)(a) 1st Aggravated child abuse.
629 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
630 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
631 859.01 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.
632 893.135 1st Attempted capital trafficking offense.
633 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
634 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 500 400 grams, less than 150 kilograms.
635 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
636 893.135 (1)(c)2.c. 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
637 893.135 (1)(c)3.c. 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
638 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
639 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
640 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
641 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
642 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
643 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
644 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
645 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
646 Section 4. This act shall take effect October 1, 2017.
