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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to mandatory minimum sentences for 2
drug trafficking; amending ss. 893.13 and 893.135, 3
F.S.; repealing mandatory minimum sentences for 4
specified controlled substance offenses; amending s. 5
921.0022, F.S.; conforming provisions to changes made 6
by the act; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Paragraph (c) of subsection (1) of sect ion 11
893.13, Florida Statutes, is amended to read: 12
893.13 Prohibited acts; penalties. — 13
(1) 14
(c) Except as authorized by this chapter, a person may not 15
sell, manufacture, or deliver, or possess with intent to sell, 16
manufacture, or deliver, a controlled s ubstance in, on, or 17
within 1,000 feet of the real property comprising a child care 18
facility as defined in s. 402.302 or a public or private 19
elementary, middle, or secondary school between the hours of 6 20
a.m. and 12 midnight, or at any time in, on, or withi n 1,000 21
feet of real property comprising a state, county, or municipal 22
park, a community center, or a publicly owned recreational 23
facility. As used in this paragraph, the term "community center" 24
means a facility operated by a nonprofit community -based 25
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organization for the provision of recreational, social, or 26
educational services to the public. A person who violates this 27
paragraph with respect to: 28
1. A controlled substance named or described in s. 29
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 30
commits a felony of the first degree, punishable as provided in 31
s. 775.082, s. 775.083, or s. 775.084. The defendant must be 32
sentenced to a minimum term of imprisonment of 3 calendar years 33
unless the offense was committed within 1,000 feet of the real 34
property comprising a child care facility as defined in s. 35
402.302. 36
2. A controlled substance named or described in s. 37
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 38
(2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of 39
the second degree, punishable as provided in s. 775.082, s. 40
775.083, or s. 775.084. 41
3. Any other controlled substance, except as lawfully 42
sold, manufactured, or delivered, must be sentenced to pay a 43
$500 fine and to serve 100 hours of public service in addition 44
to any other penalty prescribed by law. 45
46
This paragraph does not apply to a child care facility unless 47
the owner or operator of the facility posts a sign that is not 48
less than 2 square feet in size with a word legend identifying 49
the facility as a licensed chil d care facility and that is 50
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posted on the property of the child care facility in a 51
conspicuous place where the sign is reasonably visible to the 52
public. 53
Section 2. Subsections (1) and (3) of section 893.135, 54
Florida Statutes, are amended to read: 55
893.135 Trafficking; mandatory sentences; suspension or 56
reduction of sentences; conspiracy to engage in trafficking. — 57
(1) Except as authorized in this chapter or in chapter 499 58
and notwithstanding the provisions of s. 893.13: 59
(a) 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, in excess of 62
25 pounds of cannabis, or 300 or more cannabis plants, commits a 63
felony of the first degree, which felony shall be known as 64
"trafficking in cannabis," punishable as provided in s. 775.082, 65
s. 775.083, or s. 775.084. If the quantity of cannabis involved: 66
1. Is in excess of 25 pounds, but less than 2,000 pounds, 67
or is 300 or more cannabi s plants, but not more than 2,000 68
cannabis plants, such person shall be sentenced to a mandatory 69
minimum term of imprisonment of 3 years, and the defendant shall 70
be ordered to pay a fine of $25,000. 71
2. Is 2,000 pounds or more, but less than 10,000 pounds , 72
or is 2,000 or more cannabis plants, but not more than 10,000 73
cannabis plants, such person shall be sentenced to a mandatory 74
minimum term of imprisonment of 7 years, and the defendant shall 75
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be ordered to pay a fine of $50,000. 76
3. Is 10,000 pounds or mo re, or is 10,000 or more cannabis 77
plants, such person shall be sentenced to a mandatory minimum 78
term of imprisonment of 15 calendar years and pay a fine of 79
$200,000. 80
81
For the purpose of this paragraph, a plant, including, but not 82
limited to, a seedling or cutting, is a "cannabis plant" if it 83
has some readily observable evidence of root formation, such as 84
root hairs. To determine if a piece or part of a cannabis plant 85
severed from the cannabis plant is itself a cannabis plant, the 86
severed piece or part must have some readily observable evidence 87
of root formation, such as root hairs. Callous tissue is not 88
readily observable evidence of root formation. The viability and 89
sex of a plant and the fact that the plant may or may not be a 90
dead harvested plant are not relevant in determining if the 91
plant is a "cannabis plant" or in the charging of an offense 92
under this paragraph. Upon conviction, the court shall impose 93
the longest term of imprisonment provided for in this paragraph. 94
(b)1. Any person who knowingly sell s, purchases, 95
manufactures, delivers, or brings into this state, or who is 96
knowingly in actual or constructive possession of, 28 grams or 97
more of cocaine, as described in s. 893.03(2)(a)4., or of any 98
mixture containing cocaine, but less than 150 kilograms of 99
cocaine or any such mixture, commits a felony of the first 100
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degree, which felony shall be known as "trafficking in cocaine," 101
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 102
If the quantity involved: 103
a. Is 28 grams or more, but less tha n 200 grams, such 104
person shall be sentenced to a mandatory minimum term of 105
imprisonment of 3 years, and the defendant shall be ordered to 106
pay a fine of $50,000. 107
b. Is 200 grams or more, but less than 400 grams, such 108
person shall be sentenced to a mandato ry minimum term of 109
imprisonment of 7 years, and the defendant shall be ordered to 110
pay a fine of $100,000. 111
c. Is 400 grams or more, but less than 150 kilograms, such 112
person shall be sentenced to a mandatory minimum term of 113
imprisonment of 15 calendar year s and pay a fine of $250,000. 114
2. Any person who knowingly sells, purchases, 115
manufactures, delivers, or brings into this state, or who is 116
knowingly in actual or constructive possession of, 150 kilograms 117
or more of cocaine, as described in s. 893.03(2)(a)4 ., commits 118
the first degree felony of trafficking in cocaine. A person who 119
has been convicted of the first degree felony of trafficking in 120
cocaine under this subparagraph shall be punished by life 121
imprisonment and is ineligible for any form of discretionar y 122
early release except pardon or executive clemency or conditional 123
medical release under s. 947.149. However, if the court 124
determines that, in addition to committing any act specified in 125
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this paragraph: 126
a. The person intentionally killed an individual or 127
counseled, commanded, induced, procured, or caused the 128
intentional killing of an individual and such killing was the 129
result; or 130
b. The person's conduct in committing that act led to a 131
natural, though not inevitable, lethal result, 132
133
such person commits t he capital felony of trafficking in 134
cocaine, punishable as provided in ss. 775.082 and 921.142. Any 135
person sentenced for a capital felony under this paragraph shall 136
also be sentenced to pay the maximum fine provided under 137
subparagraph 1. 138
3. Any person who knowingly brings into this state 300 139
kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 140
and who knows that the probable result of such importation would 141
be the death of any person, commits capital importation of 142
cocaine, a capital felony pu nishable as provided in ss. 775.082 143
and 921.142. Any person sentenced for a capital felony under 144
this paragraph shall also be sentenced to pay the maximum fine 145
provided under subparagraph 1. 146
(c)1. A person who knowingly sells, purchases, 147
manufactures, delivers, or brings into this state, or who is 148
knowingly in actual or constructive possession of, 4 grams or 149
more of any morphine, opium, hydromorphone, or any salt, 150
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derivative, isomer, or salt of an isomer thereof, including 151
heroin, as described in s. 893.0 3(1)(b), (2)(a), (3)(c)3., or 152
(3)(c)4., or 4 grams or more of any mixture containing any such 153
substance, but less than 30 kilograms of such substance or 154
mixture, commits a felony of the first degree, which felony 155
shall be known as "trafficking in illegal d rugs," punishable as 156
provided in s. 775.082, s. 775.083, or s. 775.084. If the 157
quantity involved: 158
a. Is 4 grams or more, but less than 14 grams, such person 159
shall be sentenced to a mandatory minimum term of imprisonment 160
of 3 years and shall be ordered to pay a fine of $50,000. 161
b. Is 14 grams or more, but less than 28 grams, such 162
person shall be sentenced to a mandatory minimum term of 163
imprisonment of 15 years and shall be ordered to pay a fine of 164
$100,000. 165
c. Is 28 grams or more, but less than 30 kilo grams, such 166
person shall be sentenced to a mandatory minimum term of 167
imprisonment of 25 years and shall be ordered to pay a fine of 168
$500,000. 169
2. A person who knowingly sells, purchases, manufactures, 170
delivers, or brings into this state, or who is knowing ly in 171
actual or constructive possession of, 28 grams or more of 172
hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 173
described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 174
grams or more of any mixture containing any such substance, 175
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commits a felony of the first degree, which felony shall be 176
known as "trafficking in hydrocodone," punishable as provided in 177
s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 178
a. Is 28 grams or more, but less than 50 grams, such 179
person shall be sent enced to a mandatory minimum term of 180
imprisonment of 3 years and shall be ordered to pay a fine of 181
$50,000. 182
b. Is 50 grams or more, but less than 100 grams, such 183
person shall be sentenced to a mandatory minimum term of 184
imprisonment of 7 years and shall b e ordered to pay a fine of 185
$100,000. 186
c. Is 100 grams or more, but less than 300 grams, such 187
person shall be sentenced to a mandatory minimum term of 188
imprisonment of 15 years and shall be ordered to pay a fine of 189
$500,000. 190
d. Is 300 grams or more, but l ess than 30 kilograms, such 191
person shall be sentenced to a mandatory minimum term of 192
imprisonment of 25 years and shall be ordered to pay a fine of 193
$750,000. 194
3. A person who knowingly sells, purchases, manufactures, 195
delivers, or brings into this state, o r who is knowingly in 196
actual or constructive possession of, 7 grams or more of 197
oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 198
thereof, or 7 grams or more of any mixture containing any such 199
substance, commits a felony of the first degree, which felony 200
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shall be known as "trafficking in oxycodone," punishable as 201
provided in s. 775.082, s. 775.083, or s. 775.084. If the 202
quantity involved: 203
a. Is 7 grams or more, but less than 14 grams, such person 204
shall be sentenced to a mandatory minimum term of imprisonment 205
of 3 years and shall be ordered to pay a fine of $50,000. 206
b. Is 14 grams or more, but less than 25 grams, such 207
person shall be sentenced to a mandatory minimum term of 208
imprisonment of 7 years and shall be ordered to pay a fine of 209
$100,000. 210
c. Is 25 grams or more, but less than 100 grams, such 211
person shall be sentenced to a mandatory minimum term of 212
imprisonment of 15 years and shall be ordered to pay a fine of 213
$500,000. 214
d. Is 100 grams or more, but less than 30 kilograms, such 215
person shall be sentenced to a mandatory minimum term of 216
imprisonment of 25 years and shall be ordered to pay a fine of 217
$750,000. 218
4.a. A person who knowingly sells, purchases, 219
manufactures, delivers, or brings into this state, or who is 220
knowingly in actual or c onstructive possession of, 4 grams or 221
more of: 222
a.(I) Alfentanil, as described in s. 893.03(2)(b)1.; 223
b.(II) Carfentanil, as described in s. 893.03(2)(b)6.; 224
c.(III) Fentanyl, as described in s. 893.03(2)(b)9.; 225
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d.(IV) Sufentanil, as described in s. 89 3.03(2)(b)30.; 226
e.(V) A fentanyl derivative, as described in s. 227
893.03(1)(a)62.; 228
f.(VI) A controlled substance analog, as described in s. 229
893.0356, of any substance described in sub-subparagraphs a.-e. 230
sub-sub-subparagraphs (I)-(V); or 231
g.(VII) A mixture containing any substance described in 232
sub-subparagraphs a.-f. sub-sub-subparagraphs (I)-(VI), 233
234
commits a felony of the first degree, which felony shall be 235
known as "trafficking in fentanyl," punishable as provided in s. 236
775.082, s. 775.083, or s. 775.084. 237
b. If the quantity involved under sub -subparagraph a.: 238
(I) Is 4 grams or more, but less than 14 grams, such 239
person shall be sentenced to a mandatory minimum term of 240
imprisonment of 3 years, and shall be ordered to pay a fine of 241
$50,000. 242
(II) Is 14 grams or more, but less than 28 grams, such 243
person shall be sentenced to a mandatory minimum term of 244
imprisonment of 15 years, and shall be ordered to pay a fine of 245
$100,000. 246
(III) Is 28 grams or more, such person shall be sentenced 247
to a mandatory minimum term of imprisonment of 25 years, and 248
shall be ordered to pay a fine of $500,000. 249
5. A person who knowingly sells, purchases, manufactures, 250
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delivers, or brings into this state, or who is knowingly in 251
actual or constructive possession of, 30 k ilograms or more of 252
any morphine, opium, oxycodone, hydrocodone, codeine, 253
hydromorphone, or any salt, derivative, isomer, or salt of an 254
isomer thereof, including heroin, as described in s. 255
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 256
more of any mixture containing any such substance, commits the 257
first degree felony of trafficking in illegal drugs. A person 258
who has been convicted of the first degree felony of trafficking 259
in illegal drugs under this subparagraph shall be punished by 260
life imprisonment and is ineligible for any form of 261
discretionary early release except pardon or executive clemency 262
or conditional medical release under s. 947.149. However, if the 263
court determines that, in addition to committing any act 264
specified in this paragra ph: 265
a. The person intentionally killed an individual or 266
counseled, commanded, induced, procured, or caused the 267
intentional killing of an individual and such killing was the 268
result; or 269
b. The person's conduct in committing that act led to a 270
natural, though not inevitable, lethal result, 271
272
such person commits the capital felony of trafficking in illegal 273
drugs, punishable as provided in ss. 775.082 and 921.142. A 274
person sentenced for a capital felony under this paragraph shall 275
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also be sentenced to pay the m aximum fine provided under 276
subparagraph 1. 277
6. A person who knowingly brings into this state 60 278
kilograms or more of any morphine, opium, oxycodone, 279
hydrocodone, codeine, hydromorphone, or any salt, derivative, 280
isomer, or salt of an isomer thereof, includ ing heroin, as 281
described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 282
60 kilograms or more of any mixture containing any such 283
substance, and who knows that the probable result of such 284
importation would be the death of a person, commits capital 285
importation of illegal drugs, a capital felony punishable as 286
provided in ss. 775.082 and 921.142. A person sentenced for a 287
capital felony under this paragraph shall also be sentenced to 288
pay the maximum fine provided under subparagraph 1. 289
(d)1. Any person wh o knowingly sells, purchases, 290
manufactures, delivers, or brings into this state, or who is 291
knowingly in actual or constructive possession of, 28 grams or 292
more of phencyclidine, as described in s. 893.03(2)(b)23., a 293
substituted phenylcyclohexylamine, as des cribed in s. 294
893.03(1)(c)195., or a substance described in s. 295
893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 296
containing phencyclidine, as described in s. 893.03(2)(b)23., a 297
substituted phenylcyclohexylamine, as described in s. 298
893.03(1)(c)195., or a substance described in s. 299
893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of 300
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the first degree, which felony shall be known as "trafficking in 301
phencyclidine," punishable as provided in s. 775.082, s. 302
775.083, or s. 775.084. If the quantity involved: 303
a. Is 28 grams or more, but less than 200 grams, such 304
person shall be sentenced to a mandatory minimum term of 305
imprisonment of 3 years, and the defendant shall be ordered to 306
pay a fine of $50,000. 307
b. Is 200 grams or more, but less than 400 g rams, such 308
person shall be sentenced to a mandatory minimum term of 309
imprisonment of 7 years, and the defendant shall be ordered to 310
pay a fine of $100,000. 311
c. Is 400 grams or more, such person shall be sentenced to 312
a mandatory minimum term of imprisonment of 15 calendar years 313
and pay a fine of $250,000. 314
2. Any person who knowingly brings into this state 800 315
grams or more of phencyclidine, as described in s. 316
893.03(2)(b)23., a substituted phenylcyclohexylamine, as 317
described in s. 893.03(1)(c)195., or a su bstance described in s. 318
893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 319
containing phencyclidine, as described in s. 893.03(2)(b)23., a 320
substituted phenylcyclohexylamine, as described in s. 321
893.03(1)(c)195., or a substance described in s. 322
893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the 323
probable result of such importation would be the death of any 324
person commits capital importation of phencyclidine, a capital 325
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felony punishable as provided in ss. 775.082 and 921.142. Any 326
person sentenced for a capital felony under this paragraph shall 327
also be sentenced to pay the maximum fine provided under 328
subparagraph 1. 329
(e)1. Any person who knowingly sells, purchases, 330
manufactures, delivers, or brings into this state, or who is 331
knowingly in actual or constructive possession of, 200 grams or 332
more of methaqualone or of any mixture containing methaqualone, 333
as described in s. 893.03(1)(d), commits a felony of the first 334
degree, which felony shall be known as "trafficking in 335
methaqualone," punishable as provided in s. 775.082, s. 775.083, 336
or s. 775.084. If the quantity involved: 337
a. Is 200 grams or more, but less than 5 kilograms, such 338
person shall be sentenced to a mandatory minimum term of 339
imprisonment of 3 years, and the defendant shall be ordered to 340
pay a fine of $50,000. 341
b. Is 5 kilograms or more, but less than 25 kilograms, 342
such person shall be sentenced to a mandatory minimum term of 343
imprisonment of 7 years, and the defendant shall be ordered to 344
pay a fine of $100,000. 345
c. Is 25 kilograms or more, such person shall be sentenced 346
to a mandatory minimum term of imprisonment of 15 calendar years 347
and pay a fine of $250,000. 348
2. Any person who knowingly brings into this state 50 349
kilograms or more of methaqualone or of any mixture containing 350
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methaqualone, as described in s. 893.03(1)(d), and who knows 351
that the probable result of such importation would be the death 352
of any person commits capital importation of methaqualone, a 353
capital felony punishable as provided in ss. 775.082 and 354
921.142. Any person sentenced for a capital felony under this 355
paragraph shall also be sentenced to pay the maximum fine 356
provided under subparagraph 1. 357
(f)1. Any person who knowingly sells, purchases, 358
manufactures, delivers, or brings into this state, or who is 359
knowingly in actual or constructive possession of, 14 grams or 360
more of amphetamine, as described in s. 893.03(2)(c)2., or 361
methamphetamine, as described in s. 893.03(2)(c)5., or of any 362
mixture containing amphetamine or methamphetamine, or 363
phenylacetone, phenylacetic ac id, pseudoephedrine, or ephedrine 364
in conjunction with other chemicals and equipment utilized in 365
the manufacture of amphetamine or methamphetamine, commits a 366
felony of the first degree, which felony shall be known as 367
"trafficking in amphetamine," punishable as provided in s. 368
775.082, s. 775.083, or s. 775.084. If the quantity involved: 369
a. Is 14 grams or more, but less than 28 grams, such 370
person shall be sentenced to a mandatory minimum term of 371
imprisonment of 3 years, and the defendant shall be ordered to 372
pay a fine of $50,000. 373
b. Is 28 grams or more, but less than 200 grams, such 374
person shall be sentenced to a mandatory minimum term of 375
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imprisonment of 7 years, and the defendant shall be ordered to 376
pay a fine of $100,000. 377
c. Is 200 grams or more, such p erson shall be sentenced to 378
a mandatory minimum term of imprisonment of 15 calendar years 379
and pay a fine of $250,000. 380
2. Any person who knowingly manufactures or brings into 381
this state 400 grams or more of amphetamine, as described in s. 382
893.03(2)(c)2., or methamphetamine, as described in s. 383
893.03(2)(c)5., or of any mixture containing amphetamine or 384
methamphetamine, or phenylacetone, phenylacetic acid, 385
pseudoephedrine, or ephedrine in conjunction with other 386
chemicals and equipment used in the manufacture of amphetamine 387
or methamphetamine, and who knows that the probable result of 388
such manufacture or importation would be the death of any person 389
commits capital manufacture or importation of amphetamine, a 390
capital felony punishable as provided in ss. 775.082 and 391
921.142. Any person sentenced for a capital felony under this 392
paragraph shall also be sentenced to pay the maximum fine 393
provided under subparagraph 1. 394
(g)1. Any person who knowingly sells, purchases, 395
manufactures, delivers, or brings into this state , or who is 396
knowingly in actual or constructive possession of, 4 grams or 397
more of flunitrazepam or any mixture containing flunitrazepam as 398
described in s. 893.03(1)(a) commits a felony of the first 399
degree, which felony shall be known as "trafficking in 400
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flunitrazepam," punishable as provided in s. 775.082, s. 401
775.083, or s. 775.084. If the quantity involved: 402
a. Is 4 grams or more but less than 14 grams, such person 403
shall be sentenced to a mandatory minimum term of imprisonment 404
of 3 years, and the defendant shall be ordered to pay a fine of 405
$50,000. 406
b. Is 14 grams or more but less than 28 grams, such person 407
shall be sentenced to a mandatory minimum term of imprisonment 408
of 7 years, and the defendant shall be ordered to pay a fine of 409
$100,000. 410
c. Is 28 grams or more but less than 30 kilograms, such 411
person shall be sentenced to a mandatory minimum term of 412
imprisonment of 25 calendar years and pay a fine of $500,000. 413
2. Any person who knowingly sells, purchases, 414
manufactures, delivers, or brings into this s tate or who is 415
knowingly in actual or constructive possession of 30 kilograms 416
or more of flunitrazepam or any mixture containing flunitrazepam 417
as described in s. 893.03(1)(a) commits the first degree felony 418
of trafficking in flunitrazepam. A person who has been convicted 419
of the first degree felony of trafficking in flunitrazepam under 420
this subparagraph shall be punished by life imprisonment and is 421
ineligible for any form of discretionary early release except 422
pardon or executive clemency or conditional medic al release 423
under s. 947.149. However, if the court determines that, in 424
addition to committing any act specified in this paragraph: 425
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a. The person intentionally killed an individual or 426
counseled, commanded, induced, procured, or caused the 427
intentional killing of an individual and such killing was the 428
result; or 429
b. The person's conduct in committing that act led to a 430
natural, though not inevitable, lethal result, 431
432
such person commits the capital felony of trafficking in 433
flunitrazepam, punishable as provide d in ss. 775.082 and 434
921.142. Any person sentenced for a capital felony under this 435
paragraph shall also be sentenced to pay the maximum fine 436
provided under subparagraph 1. 437
(h)1. Any person who knowingly sells, purchases, 438
manufactures, delivers, or brings into this state, or who is 439
knowingly in actual or constructive possession of, 1 kilogram or 440
more of gamma-hydroxybutyric acid (GHB), as described in s. 441
893.03(1)(d), or any mixture containing gamma -hydroxybutyric 442
acid (GHB), commits a felony of the first degree, which felony 443
shall be known as "trafficking in gamma -hydroxybutyric acid 444
(GHB)," punishable as provided in s. 775.082, s. 775.083, or s. 445
775.084. If the quantity involved: 446
a. Is 1 kilogram or more but less than 5 kilograms, such 447
person shall be sentenced to a mandatory minimum term of 448
imprisonment of 3 years, and the defendant shall be ordered to 449
pay a fine of $50,000. 450
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b. Is 5 kilograms or more but less than 10 kilograms, such 451
person shall be sentenced to a mandatory minimum term of 452
imprisonment of 7 years, and the defendant shall be ordered to 453
pay a fine of $100,000. 454
c. Is 10 kilograms or more, such person shall be sentenced 455
to a mandatory minimum term of imprisonment of 15 calendar years 456
and pay a fine of $250,000. 457
2. Any person who knowing ly manufactures or brings into 458
this state 150 kilograms or more of gamma -hydroxybutyric acid 459
(GHB), as described in s. 893.03(1)(d), or any mixture 460
containing gamma-hydroxybutyric acid (GHB), and who knows that 461
the probable result of such manufacture or im portation would be 462
the death of any person commits capital manufacture or 463
importation of gamma -hydroxybutyric acid (GHB), a capital felony 464
punishable as provided in ss. 775.082 and 921.142. Any person 465
sentenced for a capital felony under this paragraph sha ll also 466
be sentenced to pay the maximum fine provided under subparagraph 467
1. 468
(i)1. Any person who knowingly sells, purchases, 469
manufactures, delivers, or brings into this state, or who is 470
knowingly in actual or constructive possession of, 1 kilogram or 471
more of gamma-butyrolactone (GBL), as described in s. 472
893.03(1)(d), or any mixture containing gamma -butyrolactone 473
(GBL), commits a felony of the first degree, which felony shall 474
be known as "trafficking in gamma -butyrolactone (GBL)," 475
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 476
If the quantity involved: 477
a. Is 1 kilogram or more but less than 5 kilograms, such 478
person shall be sentenced to a mandatory minimum term of 479
imprisonment of 3 years, and the defendant shall be ordered to 480
pay a fine of $50,000. 481
b. Is 5 kilograms or more but less than 10 kilograms, such 482
person shall be sentenced to a mandatory minimum term of 483
imprisonment of 7 years, and the defendant shall be ordered to 484
pay a fine of $100,000. 485
c. Is 10 kilograms or more, such pers on shall be sentenced 486
to a mandatory minimum term of imprisonment of 15 calendar years 487
and pay a fine of $250,000. 488
2. Any person who knowingly manufactures or brings into 489
the state 150 kilograms or more of gamma -butyrolactone (GBL), as 490
described in s. 893.03(1)(d), or any mixture containing gamma -491
butyrolactone (GBL), and who knows that the probable result of 492
such manufacture or importation would be the death of any person 493
commits capital manufacture or importation of gamma -494
butyrolactone (GBL), a capital f elony punishable as provided in 495
ss. 775.082 and 921.142. Any person sentenced for a capital 496
felony under this paragraph shall also be sentenced to pay the 497
maximum fine provided under subparagraph 1. 498
(j)1. Any person who knowingly sells, purchases, 499
manufactures, delivers, or brings into this state, or who is 500
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knowingly in actual or constructive possession of, 1 kilogram or 501
more of 1,4-Butanediol as described in s. 893.03(1)(d), or of 502
any mixture containing 1,4 -Butanediol, commits a felony of the 503
first degree, which felony shall be known as "trafficking in 504
1,4-Butanediol," punishable as provided in s. 775.082, s. 505
775.083, or s. 775.084. If the quantity involved: 506
a. Is 1 kilogram or more, but less than 5 kilograms, such 507
person shall be sentenced to a mandato ry minimum term of 508
imprisonment of 3 years, and the defendant shall be ordered to 509
pay a fine of $50,000. 510
b. Is 5 kilograms or more, but less than 10 kilograms, 511
such person shall be sentenced to a mandatory minimum term of 512
imprisonment of 7 years, and the defendant shall be ordered to 513
pay a fine of $100,000. 514
c. Is 10 kilograms or more, such person shall be sentenced 515
to a mandatory minimum term of imprisonment of 15 calendar years 516
and pay a fine of $500,000. 517
2. Any person who knowingly manufactures or brings into 518
this state 150 kilograms or more of 1,4 -Butanediol as described 519
in s. 893.03(1)(d), or any mixture containing 1,4 -Butanediol, 520
and who knows that the probable result of such manufacture or 521
importation would be the death of any person commits capital 522
manufacture or importation of 1,4 -Butanediol, a capital felony 523
punishable as provided in ss. 775.082 and 921.142. Any person 524
sentenced for a capital felony under this paragraph shall also 525
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be sentenced to pay the maximum fine provided under subparagraph 526
1. 527
(k)1. A person who knowingly sells, purchases, 528
manufactures, delivers, or brings into this state, or who is 529
knowingly in actual or constructive possession of, 10 grams or 530
more of a: 531
a. Substance describ ed in s. 893.03(1)(c)4., 5., 10., 11., 532
15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 533
90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 534
165., or 187.-189., a substituted cathinone, as described in s. 535
893.03(1)(c)191., or substi tuted phenethylamine, as described in 536
s. 893.03(1)(c)192.; 537
b. Mixture containing any substance described in sub -538
subparagraph a.; or 539
c. Salt, isomer, ester, or ether or salt of an isomer, 540
ester, or ether of a substance described in sub -subparagraph a., 541
542
commits a felony of the first degree, which felony shall be 543
known as "trafficking in phenethylamines," punishable as 544
provided in s. 775.082, s. 775.083, or s. 775.084. 545
2. If the quantity involved under subparagraph 1.: 546
a. Is 10 grams or more, but less than 200 grams, such 547
person shall be sentenced to a mandatory minimum term of 548
imprisonment of 3 years and shall be ordered to pay a fine of 549
$50,000. 550
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b. Is 200 grams or more, but less than 400 grams, such 551
person shall be sentenced to a mandatory minimum term of 552
imprisonment of 7 years and shall be ordered to pay a fine of 553
$100,000. 554
c. Is 400 grams or more, such person shall be sentenced to 555
a mandatory minimum term of imprisonment of 15 years and shall 556
be ordered to pay a fine of $250,000. 557
2.3. A person who knowingly manufactures or brings into 558
this state 30 kilograms or more of a substance described in sub -559
subparagraph 1.a., a mixture described in sub -subparagraph 1.b., 560
or a salt, isomer, ester, or ether or a salt of an isomer, 561
ester, or ether describe d in sub-subparagraph 1.c., and who 562
knows that the probable result of such manufacture or 563
importation would be the death of any person commits capital 564
manufacture or importation of phenethylamines, a capital felony 565
punishable as provided in ss. 775.082 and 921.142. A person 566
sentenced for a capital felony under this paragraph shall also 567
be sentenced to pay the maximum fine under subparagraph 2. 568
(l)1. Any person who knowingly sells, purchases, 569
manufactures, delivers, or brings into this state, or who is 570
knowingly in actual or constructive possession of, 1 gram or 571
more of lysergic acid diethylamide (LSD) as described in s. 572
893.03(1)(c), or of any mixture containing lysergic acid 573
diethylamide (LSD), commits a felony of the first degree, which 574
felony shall be known as "trafficking in lysergic acid 575
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diethylamide (LSD)," punishable as provided in s. 775.082, s. 576
775.083, or s. 775.084. If the quantity involved: 577
a. Is 1 gram or more, but less than 5 grams, such person 578
shall be sentenced to a mandatory minimum term of imprisonment 579
of 3 years, and the defendant shall be ordered to pay a fine of 580
$50,000. 581
b. Is 5 grams or more, but less than 7 grams, such person 582
shall be sentenced to a mandatory minimum term of imprisonment 583
of 7 years, and the defendant shall be order ed to pay a fine of 584
$100,000. 585
c. Is 7 grams or more, such person shall be sentenced to a 586
mandatory minimum term of imprisonment of 15 calendar years and 587
pay a fine of $500,000. 588
2. Any person who knowingly manufactures or brings into 589
this state 7 grams or more of lysergic acid diethylamide (LSD) 590
as described in s. 893.03(1)(c), or any mixture containing 591
lysergic acid diethylamide (LSD), and who knows that the 592
probable result of such manufacture or importation would be the 593
death of any person commits capi tal manufacture or importation 594
of lysergic acid diethylamide (LSD), a capital felony punishable 595
as provided in ss. 775.082 and 921.142. Any person sentenced for 596
a capital felony under this paragraph shall also be sentenced to 597
pay the maximum fine provided under subparagraph 1. 598
(m)1. A person who knowingly sells, purchases, 599
manufactures, delivers, or brings into this state, or who is 600
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knowingly in actual or constructive possession of, 280 grams or 601
more of a: 602
1.a. Substance described in s. 893.03(1)(c)30., 46.-50., 603
114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic 604
cannabinoid, as described in s. 893.03(1)(c)190.; or 605
2.b. Mixture containing any substance described in 606
subparagraph 1. sub-subparagraph a., 607
608
commits a felony of the first degree, whi ch felony shall be 609
known as "trafficking in synthetic cannabinoids," punishable as 610
provided in s. 775.082, s. 775.083, or s. 775.084. 611
2. If the quantity involved under subparagraph 1.: 612
a. Is 280 grams or more, but less than 500 grams, such 613
person shall be sentenced to a mandatory minimum term of 614
imprisonment of 3 years, and the defendant shall be ordered to 615
pay a fine of $50,000. 616
b. Is 500 grams or more, but less than 1,000 grams, such 617
person shall be sentenced to a mandatory minimum term of 618
imprisonment of 7 years, and the defendant shall be ordered to 619
pay a fine of $100,000. 620
c. Is 1,000 grams or more, but less than 30 kilograms, 621
such person shall be sentenced to a mandatory minimum term of 622
imprisonment of 15 years, and the defendant shall be ordere d to 623
pay a fine of $200,000. 624
d. Is 30 kilograms or more, such person shall be sentenced 625
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to a mandatory minimum term of imprisonment of 25 years, and the 626
defendant shall be ordered to pay a fine of $750,000. 627
(n)1. A person who knowingly sells, purchases , 628
manufactures, delivers, or brings into this state, or who is 629
knowingly in actual or constructive possession of, 14 grams or 630
more of: 631
a. A substance described in s. 893.03(1)(c)164., 174., or 632
175., a n-benzyl phenethylamine compound, as described in s. 633
893.03(1)(c)193.; or 634
b. A mixture containing any substance described in sub -635
subparagraph a., 636
637
commits a felony of the first degree, which felony shall be 638
known as "trafficking in n -benzyl phenethylamines," punishable 639
as provided in s. 775.082, s. 775.083 , or s. 775.084. 640
2. If the quantity involved under subparagraph 1.: 641
a. Is 14 grams or more, but less than 100 grams, such 642
person shall be sentenced to a mandatory minimum term of 643
imprisonment of 3 years, and the defendant shall be ordered to 644
pay a fine of $50,000. 645
b. Is 100 grams or more, but less than 200 grams, such 646
person shall be sentenced to a mandatory minimum term of 647
imprisonment of 7 years, and the defendant shall be ordered to 648
pay a fine of $100,000. 649
c. Is 200 grams or more, such person sha ll be sentenced to 650
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a mandatory minimum term of imprisonment of 15 years, and the 651
defendant shall be ordered to pay a fine of $500,000. 652
2.3. A person who knowingly manufactures or brings into 653
this state 400 grams or more of a substance described in sub -654
subparagraph 1.a. or a mixture described in sub -subparagraph 655
1.b., and who knows that the probable result of such manufacture 656
or importation would be the death of any person commits capital 657
manufacture or importation of a n -benzyl phenethylamine 658
compound, a capital felony punishable as provided in ss. 775.082 659
and 921.142. A person sentenced for a capital felony under this 660
paragraph shall also be sentenced to pay the maximum fine under 661
subparagraph 2. 662
(3) Notwithstanding the provisions of s. 948.01, with 663
respect to any person who is found to have violated this 664
section, adjudication of guilt or imposition of sentence shall 665
not be suspended, deferred, or withheld , nor shall such person 666
be eligible for parole prior to serving the mandatory minimum 667
term of imprisonment prescribed by this section. A person 668
sentenced to a mandatory minimum term of imprisonment under this 669
section is not eligible for any form of discretionary early 670
release, except pardon or executive clemency or conditional 671
medical release under s. 94 7.149, prior to serving the mandatory 672
minimum term of imprisonment . 673
Section 3. Paragraphs (g), (h), and (i) of subsection (3) 674
of section 921.0022, Florida Statutes, are amended to read: 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
921.0022 Criminal Punishment Code; offense severity 676
ranking chart.— 677
(3) OFFENSE SEVERITY RANKING CHART 678
(g) LEVEL 7 679
680
Florida
Statute
Felony
Degree Description
681
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
682
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
683
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.
684
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
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685
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
686
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
687
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
688
456.065(2) 3rd Practicing a health care
profession without a license.
689
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
690
458.327(1) 3rd Practicing medicine without a
license.
691
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459.013(1) 3rd Practicing osteopathic medicine
without a license.
692
460.411(1) 3rd Practicing chiropractic
medicine without a license.
693
461.012(1) 3rd Practicing podiatric medicine
without a license.
694
462.17 3rd Practicing naturopathy without
a license.
695
463.015(1) 3rd Practicing optometry without a
license.
696
464.016(1) 3rd Practicing nursing without a
license.
697
465.015(2) 3rd Practicing pharmacy without a
license.
698
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
699
467.201 3rd Practicing midwifery without a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
license.
700
468.366 3rd Delivering respiratory care
services without a license.
701
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
702
483.901(7) 3rd Practicing medical physics
without a license.
703
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
704
484.053 3rd Dispensing hearing aids without
a license.
705
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.
706
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.
707
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
708
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
709
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
710
775.21(10)(b) 3rd Sexual predator working wher e
children regularly congregate.
711
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
712
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
713
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
714
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
715
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
homicide).
716
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
717
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
718
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
719
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
720
784.048(7) 3rd Aggravated stalking; violation
of court order.
721
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
722
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
723
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
724
784.081(1) 1st Aggravated battery on specified
official or employee.
725
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
726
784.083(1) 1st Aggravated battery on code
inspector.
727
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
728
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.
729
790.07(4) 1st Specified weapons violation
subsequent to previous
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
conviction of s. 790.07(1) or
(2).
730
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
731
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
732
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
733
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
734
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
735
790.23 1st,PBL Possession of a firearm by a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
736
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardi an,
or a person in custodial
authority to a victim younger
than 18 years of age.
737
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
738
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
739
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
740
800.04(5)(c)2. 2nd Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years of
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
age; offender 18 years of age
or older.
741
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.
742
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
743
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
744
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
745
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
746
810.02(3)(e) 2nd Burglary of authorized
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
emergency vehicle.
747
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.
748
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
749
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
750
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
751
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
752
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
753
812.131(2)(a) 2nd Robbery by sudden snatching.
754
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
755
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
756
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
757
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
758
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
759
817.2341 1st Making false entries of
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(b) &
(3)(b)
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.
760
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
761
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
762
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
763
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
764
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disfigurement.
765
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.
766
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
767
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
768
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
769
838.015 2nd Bribery.
770
838.016 2nd Unlawful compensation or reward
for official behavior.
771
838.021(3)(a) 2nd Unlawful harm to a public
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
servant.
772
838.22 2nd Bid tampering.
773
843.0855(2) 3rd Impersonation of a public
officer or employee.
774
843.0855(3) 3rd Unlawful simulation of legal
process.
775
843.0855(4) 3rd Intimidation of a public
officer or employee.
776
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
777
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
778
872.06 2nd Abuse of a dead human body.
779
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subsequent offense.
780
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
781
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.
782
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
used for religious services or
a specified business site.
783
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
784
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
785
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
786
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, l ess than 14
grams.
787
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
788
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
grams.
789
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
790
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
791
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
792
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
793
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 50
5 kilograms.
794
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 400 28
grams.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
795
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
796
893.135
(1)(h)1.a.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
797
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
798
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
799
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
800
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
801
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
802
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
803
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
804
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
805
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
806
943.0435(8) 2nd Sexual offender; remains in
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
state after indicating intent
to leave; failure to comply
with reporting requirements.
807
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
808
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
809
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
810
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
811
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
digitized photograph.
812
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
813
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
814
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
815
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
816
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
verification; providing false
registration information.
817
(h) LEVEL 8 818
819
Florida
Statute
Felony
Degree Description
820
316.193
(3)(c)3.a.
2nd DUI manslaughter.
821
316.1935(4)(b) 1st Aggravated fleeing or attempted
eluding with serious bodily
injury or death.
822
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
823
499.0051(6) 1st Knowing trafficking in
contraband prescription drugs.
824
499.0051(7) 1st Knowing forgery of prescription
labels or prescription drug
labels.
825
560.123(8)(b)2. 2nd Failure to report currency or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
payment instruments totaling or
exceeding $20,000, but less
than $100,000 by money
transmitter.
826
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.
827
655.50(10)(b)2. 2nd Failure to report financial
transactions totaling or
exceeding $20,000, but less
than $100,000 by financial
institutions.
828
777.03(2)(a) 1st Accessory after the fact,
capital felony.
829
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,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
aggravated fleeing or eluding
with serious bodily injury or
death, aircraft piracy, or
unlawfully discharging bomb .
830
782.051(2) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony not
enumerated in s. 782.04(3).
831
782.071(1)(b) 1st Committing vehicular homicide
and failing to render aid or
give information.
832
782.072(2) 1st Committing vessel homicide and
failing to render aid or give
information.
833
787.06(3)(a)1. 1st Human trafficking for labor and
services of a child.
834
787.06(3)(b) 1st Human trafficking using
coercion for commercial sexual
activity of an adult.
835
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
787.06(3)(c)2. 1st Human trafficking using
coercion for labor and services
of an unauthorized alien adult.
836
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.
837
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.
838
790.161(3) 1st Discharging a destructive
device which results in bodily
harm or property damage.
839
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not use physical force likely
to cause serious injury.
840
794.011(5)(b) 2nd Sexual battery; victim and
offender 18 years of age o r
older; offender does not use
physical force likely to cause
serious injury.
841
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.
842
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.
843
794.08(3) 2nd Female genital mutilation,
removal of a victim younger
than 18 years of age from this
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
state.
844
800.04(4)(b) 2nd Lewd or lascivious battery.
845
800.04(4)(c) 1st Lewd or lascivious battery;
offender 18 years of age or
older; prior conviction for
specified sex offense.
846
806.01(1) 1st Maliciously damage dwelling or
structure by fire or explosive,
believing person in structure.
847
810.02(2)(a) 1st,PBL Burglary with assault or
battery.
848
810.02(2)(b) 1st,PBL Burglary; armed with explosives
or dangerous weapon.
849
810.02(2)(c) 1st Burglary of a dwelling or
structure causing structural
damage or $1,000 or more
property damage.
850
812.014(2)(a)2. 1st Property stolen; cargo valued
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
at $50,000 or more, grand theft
in 1st degree.
851
812.13(2)(b) 1st Robbery with a weapon.
852
812.135(2)(c) 1st Home-invasion robbery, no
firearm, deadly weapon, or
other weapon.
853
817.418(2)(b) 2nd Offering for sale or
advertising personal protective
equipment with intent to
defraud; second or subsequent
offense.
854
817.504(1)(b) 2nd Offering or advertising a
vaccine with intent to defraud;
second or subsequent offens e.
855
817.505(4)(c) 1st Patient brokering; 20 or more
patients.
856
817.535(2)(b) 2nd Filing false lien or other
unauthorized document; second
or subsequent offense.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
857
817.535(3)(a) 2nd Filing false lien or other
unauthorized document; property
owner is a public officer or
employee.
858
817.535(4)(a)1. 2nd Filing false lien or other
unauthorized document;
defendant is incarcerated or
under supervision.
859
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.
860
817.568(6) 2nd Fraudulent use of personal
identification information of
an individual under the age of
18.
861
817.611(2)(c) 1st Traffic in or possess 50 or
more counterfeit credit cards
or related documents.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862
825.102(2) 1st Aggravated abuse of an elderly
person or disabled adult.
863
825.1025(2) 2nd Lewd or lascivious battery upon
an elderly person or disabled
adult.
864
825.103(3)(a) 1st Exploiting an elderly person or
disabled adult and property is
valued at $50,000 or more.
865
837.02(2) 2nd Perjury in official proceedings
relating to prosecution of a
capital felony.
866
837.021(2) 2nd Making contradictory statements
in official proceedings
relating to prosecution of a
capital felony.
867
860.121(2)(c) 1st Shooting at or throwing any
object in path of railroad
vehicle resulting in great
bodily harm.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
868
860.16 1st Aircraft piracy.
869
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).
870
893.13(2)(b) 1st Purchase in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
871
893.13(6)(c) 1st Possess in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
872
893.135(1)(a)2. 1st Trafficking in cannabis, more
than 2,000 lbs., less than
10,000 lbs.
873
893.135
(1)(b)1.b.
1st Trafficking in cocaine, more
than 200 grams, less than 400
grams.
874
893.135 1st Trafficking in illegal drugs,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(c)1.b. more than 14 grams, less than
28 grams.
875
893.135
(1)(c)2.c.
1st Trafficking in hydrocodone, 100
grams or more, less than 300
grams.
876
893.135
(1)(c)3.c.
1st Trafficking in oxycodone, 25
grams or more, less than 100
grams.
877
893.135
(1)(c)4.b.(II)
1st Trafficking in fentanyl, 14
grams or more, less than 28
grams.
878
893.135
(1)(d)1.b.
1st Trafficking in phencyclidine,
200 grams or more, less than
400 grams.
879
893.135
(1)(e)1.b.
1st Trafficking in methaqualone, 5
kilograms or more, less than 25
kilograms.
880
893.135
(1)(f)1.b.
1st Trafficking in amphetamine, 28
grams or more, less than 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
grams.
881
893.135
(1)(g)1.b.
1st Trafficking in flunitrazepam,
14 grams or more, less than 28
grams.
882
893.135
(1)(h)1.b.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 5
kilograms or more, less than 10
kilograms.
883
893.135
(1)(j)1.b.
1st Trafficking in 1,4-Butanediol,
5 kilograms or more, less than
10 kilograms.
884
893.135
(1)(k)2.b.
1st Trafficking in Phenethylamines,
200 grams or more, less than
400 grams.
885
893.135
(1)(m)2.c.
1st Trafficking in synthetic
cannabinoids, 1,000 grams or
more, less than 30 kilograms.
886
893.135
(1)(n)2.b.
1st Trafficking in n-benzyl
phenethylamines, 100 grams or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
more, less than 200 grams.
887
893.1351(3) 1st Possession of a place used to
manufacture controlled
substance when minor is present
or resides there.
888
895.03(1) 1st Use or invest proceeds derived
from pattern of racketeering
activity.
889
895.03(2) 1st Acquire or maintain through
racketeering activity any
interest in or control of any
enterprise or real property.
890
895.03(3) 1st Conduct or participate in any
enterprise through pattern of
racketeering activity.
891
896.101(5)(b) 2nd Money laundering, financial
transactions totaling or
exceeding $20,000, but less
than $100,000.
892
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.
893
(i) LEVEL 9 894
895
Florida
Statute
Felony
Degree Description
896
316.193
(3)(c)3.b.
1st DUI manslaughter; failing to
render aid or give information.
897
327.35
(3)(c)3.b.
1st BUI manslaughter; failing to
render aid or give information.
898
409.920
(2)(b)1.c.
1st Medicaid provider fraud;
$50,000 or more.
899
499.0051(8) 1st Knowing sale or purchase of
contraband prescription drugs
resulting in great bodily harm.
900
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
560.123(8)(b)3. 1st Failure to report currency or
payment instruments totaling or
exceeding $100,000 by money
transmitter.
901
560.125(5)(c) 1st Money transmitter business by
unauthorized person, currency,
or payment instruments totaling
or exceeding $100,000.
902
655.50(10)(b)3. 1st Failure to report financial
transactions totaling or
exceeding $100,000 by financial
institution.
903
775.0844 1st Aggravated white collar crime.
904
782.04(1) 1st Attempt, conspire, or solicit
to commit premeditated murder.
905
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
death, and other specified
felonies.
906
782.051(1) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony enumerated
in s. 782.04(3).
907
782.07(2) 1st Aggravated manslaughter of an
elderly person or disabled
adult.
908
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
reward or as a shield or
hostage.
909
787.01(1)(a)2. 1st,PBL Kidnapping with intent to
commit or facilitate commission
of any felony.
910
787.01(1)(a)4. 1st,PBL Kidnapping with intent to
interfere with performance of
any governmental or political
function.
911
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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.
912
787.06(3)(c)1. 1st Human trafficking for labor a nd
services of an unauthorized
alien child.
913
787.06(3)(d) 1st Human trafficking using
coercion for commercial sexual
activity of an unauthorized
adult alien.
914
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.
915
790.161 1st Attempted capital destructive
device offense.
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916
790.166(2) 1st,PBL Possessing, selling, using, or
attempting to use a weapon of
mass destruction.
917
794.011(2) 1st Attempted sexual battery;
victim less than 12 years of
age.
918
794.011(2) Life Sexual battery; offender
younger than 18 years and
commits sexual battery on a
person less than 12 years.
919
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.
920
794.011(4)(b) 1st Sexual battery, certain
circumstances; victim and
offender 18 years of age or
older.
921
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794.011(4)(c) 1st Sexual battery, certain
circumstances; victim 12 years
of age or older; offender
younger than 18 years.
922
794.011(4)(d) 1st,PBL Sexual battery, certain
circumstances; victim 12 years
of age or older; prior
conviction for specified sex
offenses.
923
794.011(8)(b) 1st,PBL Sexual battery; engage in
sexual conduct with min or 12 to
18 years by person in familial
or custodial authority.
924
794.08(2) 1st Female genital mutilation;
victim younger than 18 years of
age.
925
800.04(5)(b) Life Lewd or lascivious molestation;
victim less than 12 years;
offender 18 years or older.
926
812.13(2)(a) 1st,PBL Robbery with firearm or other
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deadly weapon.
927
812.133(2)(a) 1st,PBL Carjacking; firearm or other
deadly weapon.
928
812.135(2)(b) 1st Home-invasion robbery with
weapon.
929
817.535(3)(b) 1st Filing false lien or other
unauthorized document; second
or subsequent offense; property
owner is a public officer or
employee.
930
817.535(4)(a)2. 1st Filing false claim or other
unauthorized document;
defendant is incarcerated or
under supervision.
931
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.
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932
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.
933
827.03(2)(a) 1st Aggravated child abuse.
934
847.0145(1) 1st Selling, or otherwise
transferring custody or
control, of a minor.
935
847.0145(2) 1st Purchasing, or otherwise
obtaining custody or control,
of a minor.
936
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.
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937
893.135 1st Attempted capital trafficking
offense.
938
893.135(1)(a)3. 1st Trafficking in cannabis, more
than 10,000 lbs.
939
893.135
(1)(b)1.c.
1st Trafficking in cocaine, more
than 400 grams, less than 150
kilograms.
940
893.135
(1)(c)1.c.
1st Trafficking in illegal drugs,
more than 28 grams, less than
30 kilograms.
941
893.135
(1)(c)2.d.
1st Trafficking in hydrocodone, 300
grams or more, less than 30
kilograms.
942
893.135
(1)(c)3.d.
1st Trafficking in oxycodone, 100
grams or more, less than 30
kilograms.
943
893.135
1st Trafficking in fentanyl, 28
grams or more.
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(1)(c)4.b.(III)
944
893.135
(1)(d)1.c.
1st Trafficking in phencyclidine,
400 grams or more.
945
893.135
(1)(e)1.c.
1st Trafficking in methaqualone, 25
kilograms or more.
946
893.135
(1)(f)1.c.
1st Trafficking in amphetamine, 200
grams or more.
947
893.135
(1)(h)1.c.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 10
kilograms or more.
948
893.135
(1)(j)1.c.
1st Trafficking in 1,4-Butanediol,
10 kilograms or more.
949
893.135
(1)(k)2.c.
1st Trafficking in Phenethylamines,
400 grams or more.
950
893.135
(1)(m)2.d.
1st Trafficking in synthetic
cannabinoids, 30 kilograms or
more.
951
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893.135
(1)(n)2.c.
1st Trafficking in n-benzyl
phenethylamines, 200 grams or
more.
952
896.101(5)(c) 1st Money laundering, financial
instruments totaling or
exceeding $100,000.
953
896.104(4)(a)3. 1st Structuring transactions to
evade reporting or registration
requirements, financial
transactions totaling or
exceeding $100,000.
954
Section 4. This act shall take effect upon becoming a law. 955