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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 firearm and destructive device 2
offenses; amending s. 775.087, F.S.; making an offense 3
of human trafficking during which a person possesses a 4
firearm or destructive device subject to a specified 5
mandatory minimum term of imprisonment; con forming 6
provisions to changes made by the act; making an 7
offense of human trafficking during which a person 8
possesses specified firearms or firearms accessories 9
subject to a specified mandatory minimum term of 10
imprisonment; amending s. 790.22, F.S.; revisi ng the 11
maximum time period a minor who commits unlawful 12
firearm possession may be required to serve in secure 13
detention; amending s. 812.014, F.S.; providing a 14
penalty for a second or subsequent offense of grand 15
theft of a firearm; amending s. 985.24, F.S. ; 16
requiring detention determination to consider a 17
juvenile's unlawful firearm use; amending s. 985.245, 18
F.S.; requiring the juvenile risk assessment 19
instrument to consider a juvenile's unlawful firearm 20
use; amending s. 985.25, F.S.; requiring a juvenile 21
charged with an offense involving unlawful firearm 22
possession or use to be placed in secure detention; 23
amending s. 921.0022, F.S.; ranking offenses on the 24
offense severity ranking chart of the Criminal 25
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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
Punishment Code; conforming provisions to changes made 26
by the act; providing an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Paragraph (a) of subsection (2) and paragraph 31
(a) of subsection (3) of section 775.087, Florida Statutes, are 32
amended to read: 33
775.087 Possession or use of weapon; aggravated battery; 34
felony reclassification; minimum sentence. — 35
(2)(a)1. Any person who is convicted of a felony or an 36
attempt to commit a felony, regardless of whether the use of a 37
weapon is an element of the felony, and th e conviction was for: 38
a. Murder; 39
b. Sexual battery; 40
c. Robbery; 41
d. Burglary; 42
e. Arson; 43
f. Aggravated battery; 44
g. Kidnapping; 45
h. Escape; 46
i. Aircraft piracy; 47
j. Aggravated child abuse; 48
k. Aggravated abuse of an elderly person or disabled 49
adult; 50
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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
l. Unlawful throwing, placing, or discharging of a 51
destructive device or bomb; 52
m. Carjacking; 53
n. Home-invasion robbery; 54
o. Aggravated stalking; 55
p. Trafficking in cannabis, trafficking in cocaine, 56
capital importation of cocaine, tr afficking in illegal drugs, 57
capital importation of illegal drugs, trafficking in 58
phencyclidine, capital importation of phencyclidine, trafficking 59
in methaqualone, capital importation of methaqualone, 60
trafficking in amphetamine, capital importation of amphe tamine, 61
trafficking in flunitrazepam, trafficking in gamma -62
hydroxybutyric acid (GHB), trafficking in 1,4 -Butanediol, 63
trafficking in Phenethylamines, or other violation of s. 64
893.135(1); or 65
q. Possession of a firearm by a felon ; or 66
r. Human trafficking 67
68
and during the commission of the offense, such person actually 69
possessed a "firearm" or "destructive device" as those terms are 70
defined in s. 790.001, shall be sentenced to a minimum term of 71
imprisonment of 10 years, except that a person who is convicted 72
for possession of a firearm by a felon or burglary of a 73
conveyance shall be sentenced to a minimum term of imprisonment 74
of 3 years if such person possessed a "firearm" or "destructive 75
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device" during the commission of the offense. However, if an 76
offender who is convicted of the offense of possession of a 77
firearm by a felon has a previous conviction of committing or 78
attempting to commit a felony listed in s. 775.084(1)(b)1. and 79
actually possessed a firearm or destructive device during the 80
commission of the pr ior felony, the offender shall be sentenced 81
to a minimum term of imprisonment of 10 years. 82
2. Any person who is convicted of a felony or an attempt 83
to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-84
subparagraph 1.r. sub-subparagraphs (a)1.a. -p., regardless of 85
whether the use of a weapon is an element of the felony, and 86
during the course of the commission of the felony such person 87
discharged a "firearm" or "destructive device" as defined in s. 88
790.001 shall be sentenced to a minimum term of imp risonment of 89
20 years. 90
3. Any person who is convicted of a felony or an attempt 91
to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-92
subparagraph 1.r. sub-subparagraphs (a)1.a. -p., regardless of 93
whether the use of a weapon is an element of the f elony, and 94
during the course of the commission of the felony such person 95
discharged a "firearm" or "destructive device" as defined in s. 96
790.001 and, as the result of the discharge, death or great 97
bodily harm was inflicted upon any person, the convicted pe rson 98
shall be sentenced to a minimum term of imprisonment of not less 99
than 25 years and not more than a term of imprisonment of life 100
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in prison. 101
(3)(a)1. Any person who is convicted of a felony or an 102
attempt to commit a felony, regardless of whether the u se of a 103
firearm is an element of the felony, and the conviction was for: 104
a. Murder; 105
b. Sexual battery; 106
c. Robbery; 107
d. Burglary; 108
e. Arson; 109
f. Aggravated battery; 110
g. Kidnapping; 111
h. Escape; 112
i. Sale, manufacture, delivery, or intent to sell, 113
manufacture, or deliver any controlled substance; 114
j. Aircraft piracy; 115
k. Aggravated child abuse; 116
l. Aggravated abuse of an elderly person or disabled 117
adult; 118
m. Unlawful throwing, placing, or discharging of a 119
destructive device or bomb; 120
n. Carjacking; 121
o. Home-invasion robbery; 122
p. Aggravated stalking; or 123
q. Trafficking in cannabis, trafficking in cocaine, 124
capital importation of cocaine, trafficking in illegal drugs, 125
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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
capital importation of illegal drugs, trafficking in 126
phencyclidine, capital importation of phencyclidine, trafficking 127
in methaqualone, capital importation of methaqualone, 128
trafficking in amphetamine, capital importation of amphetamine, 129
trafficking in fluni trazepam, trafficking in gamma -130
hydroxybutyric acid (GHB), trafficking in 1,4 -Butanediol, 131
trafficking in Phenethylamines, or other violation of s. 132
893.135(1); or 133
r. Human trafficking 134
135
and during the commission of the offense, such person possessed 136
a semiautomatic firearm and its high -capacity detachable box 137
magazine or a machine gun as defined in s. 790.001, shall be 138
sentenced to a minimum term of imprisonment of 15 years. 139
2. Any person who is convicted of a felony or an attempt 140
to commit a felony listed in subparagraph 1. subparagraph (a)1., 141
regardless of whether the use of a weapon is an element of the 142
felony, and during the course of the commission of the felony 143
such person discharged a semiautomatic firearm and its high -144
capacity box magazine or a "mac hine gun" as defined in s. 145
790.001 shall be sentenced to a minimum term of imprisonment of 146
20 years. 147
3. Any person who is convicted of a felony or an attempt 148
to commit a felony listed in subparagraph 1. subparagraph (a)1., 149
regardless of whether the use o f a weapon is an element of the 150
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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
felony, and during the course of the commission of the felony 151
such person discharged a semiautomatic firearm and its high -152
capacity box magazine or a "machine gun" as defined in s. 153
790.001 and, as the result of the discharge, death or great 154
bodily harm was inflicted upon any person, the convicted person 155
shall be sentenced to a minimum term of imprisonment of not less 156
than 25 years and not more than a term of imprisonment of life 157
in prison. 158
Section 2. Subsection (5) of sect ion 790.22, Florida 159
Statutes, is amended, and subsection (3) of that section is 160
republished, to read: 161
790.22 Use of BB guns, air or gas -operated guns, or 162
electric weapons or devices by minor under 16; limitation; 163
possession of firearms by minor under 18 prohibited; penalties. — 164
(3) A minor under 18 years of age may not possess a 165
firearm, other than an unloaded firearm at his or her home, 166
unless: 167
(a) The minor is engaged in a lawful hunting activity and 168
is: 169
1. At least 16 years of age; or 170
2. Under 16 years of age and supervised by an adult. 171
(b) The minor is engaged in a lawful marksmanship 172
competition or practice or other lawful recreational shooting 173
activity and is: 174
1. At least 16 years of age; or 175
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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. Under 16 years of age and supervised by an adult who is 176
acting with the consent of the minor's parent or guardian. 177
(c) The firearm is unloaded and is being transported by 178
the minor directly to or from an event authorized in paragraph 179
(a) or paragraph (b). 180
(5)(a) A minor who violates subsection (3) commits a 181
misdemeanor of the first degree; for a first offense, may serve 182
a period of detention of up to 5 3 days in a secure detention 183
facility; and, in addition to any other penalty provided by law, 184
shall be required to perform 100 hours of community service; 185
and: 186
1. If the minor is eligible by reason of age for a driver 187
license or driving privilege, the court may direct the 188
Department of Highway Safety and Motor Vehicles to revoke or to 189
withhold issuance of the minor's driver license or driving 190
privilege for up to 1 year. 191
2. If the minor's driver license or driving privilege is 192
under suspension or revocation for any reason, the court may 193
direct the Department of Highway Safety and Motor Vehicles to 194
extend the period of suspension or revocation by an additional 195
period of up to 1 year. 196
3. If the minor is ineligible by reason of age for a 197
driver license or driving privilege, the court may direct the 198
Department of Highway Safety and Motor Vehicles to withhold 199
issuance of the minor's driver license or driving privilege for 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
up to 1 year after the date on which the minor would otherwise 201
have become eligible. 202
(b) For a second or subsequent offense, a minor who 203
violates subsection (3) commits a felony of the third degree and 204
shall serve a period of deten tion of up to 21 15 days in a 205
secure detention facility and shall be required to perform not 206
less than 100 nor more than 250 hours of community service, and: 207
1. If the minor is eligible by reason of age for a driver 208
license or driving privilege, the cour t may direct the 209
Department of Highway Safety and Motor Vehicles to revoke or to 210
withhold issuance of the minor's driver license or driving 211
privilege for up to 2 years. 212
2. If the minor's driver license or driving privilege is 213
under suspension or revocati on for any reason, the court may 214
direct the Department of Highway Safety and Motor Vehicles to 215
extend the period of suspension or revocation by an additional 216
period of up to 2 years. 217
3. If the minor is ineligible by reason of age for a 218
driver license or driving privilege, the court may direct the 219
Department of Highway Safety and Motor Vehicles to withhold 220
issuance of the minor's driver license or driving privilege for 221
up to 2 years after the date on which the minor would otherwise 222
have become eligible. 223
224
For the purposes of this subsection, community service shall be 225
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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
performed, if possible, in a manner involving a hospital 226
emergency room or other medical environment that deals on a 227
regular basis with trauma patients and gunshot wounds. 228
Section 3. Paragraph (c) of subsection (2) of section 229
812.014, Florida Statutes, is amended, and paragraph (f) is 230
added that subsection, to read: 231
812.014 Theft.— 232
(2) 233
(c) It is grand theft of the third degree and a felony of 234
the third degree, punishable as provided in s. 775.082, s. 235
775.083, or s. 775.084, if the property stolen is: 236
1. Valued at $750 or more, but less than $5,000. 237
2. Valued at $5,000 or more, but less than $10,000. 238
3. Valued at $10,000 or more, but less than $20,000. 239
4. A will, codicil, or othe r testamentary instrument. 240
5. A firearm, except as provided in paragraph (f) . 241
6. A motor vehicle, except as provided in paragraph (a). 242
7. Any commercially farmed animal, including any animal of 243
the equine, avian, bovine, or swine class or other grazi ng 244
animal; a bee colony of a registered beekeeper; and aquaculture 245
species raised at a certified aquaculture facility. If the 246
property stolen is a commercially farmed animal, including an 247
animal of the equine, avian, bovine, or swine class or other 248
grazing animal; a bee colony of a registered beekeeper; or an 249
aquaculture species raised at a certified aquaculture facility, 250
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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 $10,000 fine shall be imposed. 251
8. Any fire extinguisher that, at the time of the taking, 252
was installed in any building for the purpos e of fire prevention 253
and control. This subparagraph does not apply to a fire 254
extinguisher taken from the inventory at a point -of-sale 255
business. 256
9. Any amount of citrus fruit consisting of 2,000 or more 257
individual pieces of fruit. 258
10. Taken from a desig nated construction site identified 259
by the posting of a sign as provided for in s. 810.09(2)(d). 260
11. Any stop sign. 261
12. Anhydrous ammonia. 262
13. Any amount of a controlled substance as defined in s. 263
893.02. Notwithstanding any other law, separate judgme nts and 264
sentences for theft of a controlled substance under this 265
subparagraph and for any applicable possession of controlled 266
substance offense under s. 893.13 or trafficking in controlled 267
substance offense under s. 893.135 may be imposed when all such 268
offenses involve the same amount or amounts of a controlled 269
substance. 270
271
However, if the property is stolen during a riot or an 272
aggravated riot prohibited under s. 870.01 and the perpetration 273
of the theft is facilitated by conditions arising from the riot; 274
or within a county that is subject to a state of emergency 275
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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
declared by the Governor under chapter 252, the property is 276
stolen after the declaration of emergency is made, and the 277
perpetration of the theft is facilitated by conditions arising 278
from the emergency, the offender commits a felony of the second 279
degree, punishable as provided in s. 775.082, s. 775.083, or s. 280
775.084, if the property is valued at $5,000 or more, but less 281
than $10,000, as provided under subparagraph 2., or if the 282
property is valued at $1 0,000 or more, but less than $20,000, as 283
provided under subparagraph 3. As used in this paragraph, the 284
terms "conditions arising from a riot" and "conditions arising 285
from the emergency" have the same meanings as provided in 286
paragraph (b). A person arrested for committing a theft during a 287
riot or an aggravated riot or within a county that is subject to 288
a state of emergency may not be released until the person 289
appears before a committing magistrate at a first appearance 290
hearing. For purposes of sentencing und er chapter 921, a felony 291
offense that is reclassified under this paragraph is ranked one 292
level above the ranking under s. 921.0022 or s. 921.0023 of the 293
offense committed. 294
(f) It is grand theft of the second degree and a felony of 295
the second degree, puni shable as provided in s. 775.082, s. 296
775.083, or s. 775.084, if the property stolen is a firearm and 297
the offender has previously been convicted of grand theft of a 298
firearm under subparagraph (c)5. 299
Section 4. Paragraph (b) of subsection (1) of section 300
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985.24, Florida Statutes, is amended to read: 301
985.24 Use of detention; prohibitions. — 302
(1) All determinations and court orders regarding the use 303
of detention care shall be based primarily upon findings that 304
the child: 305
(b) Presents a substantial risk of inflicting bodily harm 306
on others as evidenced by recent behavior, including the illegal 307
possession or use of a firearm; 308
Section 5. Paragraph (b) of subsection (2) of section 309
985.245, Florida Statutes, is amended to read: 310
985.245 Risk assessment inst rument.— 311
(2) 312
(b) The risk assessment instrument shall take into 313
consideration, but need not be limited to, pending felony and 314
misdemeanor offenses, offenses committed pending adjudication, 315
prior offenses, unlawful possession or use of a firearm, prior 316
history of failure to appear, violations of supervision, and 317
supervision status at the time the child is taken into custody. 318
The risk assessment instrument shall also take into 319
consideration all statutory mandates for detention care. The 320
risk assessment instrument shall also include any information 321
concerning the child's history of abuse and neglect. The risk 322
assessment shall indicate whether detention care is warranted, 323
and, if detention care is warranted, whether the child should be 324
placed into secure or s upervised release detention care. 325
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Section 6. Paragraph (b) of subsection (1) of section 326
985.25, Florida Statutes, is amended to read: 327
985.25 Detention intake. — 328
(1) The department shall receive custody of a child who 329
has been taken into custody from the law enforcement agency or 330
court and shall review the facts in the law enforcement report 331
or probable cause affidavit and make such further inquiry as may 332
be necessary to determine whether detention care is appropriate. 333
(b) The department shall base the decision whether to 334
place the child into detention care on an assessment of risk in 335
accordance with the risk assessment instrument and procedures 336
developed by the department under s. 985.245, except that a 337
child shall be placed in secure detention care until the child's 338
detention hearing if the child meets the criteria specified in 339
s. 985.255(1)(f), or is charged with possessing or discharging a 340
firearm on school property in violation of s. 790.115 , or is 341
charged with any other offense involving the pos session or use 342
of a firearm. 343
344
Under no circumstances shall the department or the state 345
attorney or law enforcement officer authorize the detention of 346
any child in a jail or other facility intended or used for the 347
detention of adults, without an order of the court. 348
Section 7. Paragraphs (d), (f), and (g) of subsection (3) 349
of section 921.0022, Florida Statutes, are amended to read: 350
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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 351
ranking chart.— 352
(3) OFFENSE SEVERITY RANKING CHART 353
(d) LEVEL 4 354
355
Florida
Statute
Felony
Degree Description
356
316.1935(3)(a) 2nd Driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
357
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
358
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
359
517.07(1) 3rd Failure to register securities.
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360
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
361
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
362
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
363
784.075 3rd Battery on detention or
commitment facility staff.
364
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
365
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
366
784.081(3) 3rd Battery on specified official
or employee.
367
784.082(3) 3rd Battery by detained person on
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visitor or other detainee.
368
784.083(3) 3rd Battery on code inspector.
369
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
370
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
371
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
372
787.04(3) 3rd Carrying child beyond state
lines with criminal inte nt to
avoid producing child at
custody hearing or delivering
to designated person.
373
787.07 3rd Human smuggling.
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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
374
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
375
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
376
790.115(2)(c) 3rd Possessing firearm on school
property.
377
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
378
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
379
806.135 2nd Destroying or demolishing a
memorial or historic property.
380
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
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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
381
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
382
810.06 3rd Burglary; possession of tools.
383
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
384
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
385
812.014
(2)(c)4. & 6.-
10.
3rd Grand theft, 3rd degree;
specified items.
386
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
387
817.505(4)(a) 3rd Patient brokering.
388
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817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
389
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
390
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
391
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
392
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
393
836.14(2) 3rd Person who commits theft of a
sexually explicit image with
intent to promote it.
394
836.14(3) 3rd Person who willfully possesses
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a sexually explicit image with
certain knowledge, intent, and
purpose.
395
837.02(1) 3rd Perjury in official
proceedings.
396
837.021(1) 3rd Make contradictory statements
in official proceedings.
397
838.022 3rd Official misconduct.
398
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
399
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
400
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
401
843.025 3rd Deprive law enforcement,
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correctional, or correctional
probation officer of means of
protection or communication.
402
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
403
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
404
870.01(3) 2nd Aggravated rioting.
405
870.01(5) 2nd Aggravated inciting a riot.
406
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
407
893.13(2)(a)1. 2nd Purchase of cocaine (or other
s. 893.03(1)(a), (b), or (d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
408
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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
914.14(2) 3rd Witnesses accepting bribes.
409
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
410
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
411
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
412
918.12 3rd Tampering with jurors.
413
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
414
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
415
951.22(1)(h), 3rd Intoxicating drug,
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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
(j) & (k) instrumentality or ot her device
to aid escape, or cellular
telephone or other portable
communication device introduced
into county detention facility.
416
(f) LEVEL 6 417
418
Florida
Statute
Felony
Degree Description
419
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
420
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
421
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
422
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
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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
statement.
423
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
424
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
425
775.0875(1) 3rd Taking firearm from law
enforcement officer.
426
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
427
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
428
784.041 3rd Felony battery; domestic
battery by strangulation.
429
784.048(3) 3rd Aggravated stalking; credible
threat.
430
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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
784.048(5) 3rd Aggravated stalking of person
under 16.
431
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
432
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
433
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
434
784.081(2) 2nd Aggravated assault on specified
official or employee.
435
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
436
784.083(2) 2nd Aggravated assault on code
inspector.
437
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
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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
in s. 787.01.
438
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
439
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
440
790.164(1) 2nd False report concerning bomb,
explosive, weapon of mass
destruction, act of arson or
violence to state property, or
use of firearms in violent
manner.
441
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
442
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
443
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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
794.05(1) 2nd Unlawful sexual activity with
specified minor.
444
800.04(5)(d) 3rd Lewd or lascivious molestation;
victim 12 years of age or older
but less than 16 years of age;
offender less than 18 years.
445
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
446
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any
other person.
447
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
448
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
offense.
449
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
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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
grand theft in 2nd degree.
450
812.014(2)(c)5. 3rd Grand theft; third degree;
firearm.
451
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
452
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
453
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 30 days
is $3,000 or more; coordination
of others.
454
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
455
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
456
817.4821(5) 2nd Possess cloning paraphernalia
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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
with intent to create cloned
cellular telephones.
457
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
458
817.505(4)(b) 2nd Patient brokering; 10 or more
patients.
459
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
460
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
461
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
462
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
valued at less than $10,000.
463
827.03(2)(c) 3rd Abuse of a child.
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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
464
827.03(2)(d) 3rd Neglect of a child.
465
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
466
828.126(3) 3rd Sexual activities involving
animals.
467
836.05 2nd Threats; extortion.
468
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
469
843.12 3rd Aids or assists person to
escape.
470
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
471
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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
847.012 3rd Knowingly using a minor in the
production of materials harmful
to minors.
472
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
473
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
474
918.13(2)(b) 2nd Tampering with or fabricating
physical evidence relating to a
capital felony.
475
944.35(3)(a)2. 3rd Committing malicious battery
upon or inflicting cruel or
inhuman treatment on an inmate
or offender on community
supervision, resulting in great
bodily harm.
476
944.40 2nd Escapes.
477
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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
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
478
944.47(1)(a)5. 2nd Introduction of contraband
(firearm, weapon, or explosive)
into correctional facility.
479
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
480
(g) LEVEL 7 481
482
Florida
Statute
Felony
Degree Description
483
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
484
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
485
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
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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
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
486
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
487
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
488
409.920
(2)(b)1.a.
3rd Medicaid provider frau d;
$10,000 or less.
489
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
490
456.065(2) 3rd Practicing a health care
profession without a license.
491
456.065(2) 2nd Practicing a health care
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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
profession without a license
which results in serious bodily
injury.
492
458.327(1) 3rd Practicing medicine without a
license.
493
459.013(1) 3rd Practicing osteopathic medicine
without a license.
494
460.411(1) 3rd Practicing chiropractic
medicine without a license.
495
461.012(1) 3rd Practicing podiatric medicine
without a license.
496
462.17 3rd Practicing naturopathy without
a license.
497
463.015(1) 3rd Practicing optometry without a
license.
498
464.016(1) 3rd Practicing nursing without a
license.
499
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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
465.015(2) 3rd Practicing pharmacy without a
license.
500
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
501
467.201 3rd Practicing midwifery without a
license.
502
468.366 3rd Delivering respiratory care
services without a license.
503
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
504
483.901(7) 3rd Practicing medical physics
without a license.
505
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
506
484.053 3rd Dispensing hearing aids without
a license.
507
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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
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.
508
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.
509
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
510
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
511
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
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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
driver license or
identification card; other
registration violations.
512
775.21(10)(b) 3rd Sexual predator working wher e
children regularly congregate.
513
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
514
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
515
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
516
782.071 2nd Killing of a human being or
unborn child by the operation
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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
of a motor vehicle in a
reckless manner (vehicular
homicide).
517
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
518
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
519
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
520
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
521
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
522
784.048(7) 3rd Aggravated stalking; violation
of court order.
523
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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
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
524
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
525
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
526
784.081(1) 1st Aggravated battery on specified
official or employee.
527
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
528
784.083(1) 1st Aggravated battery on code
inspector.
529
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
530
787.06(3)(e)2. 1st Human trafficking using
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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
coercion for labor and services
by the transfer or transport of
an adult from outside Florida
to within the state.
531
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
532
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
533
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
534
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
535
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
536
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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
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destr uction
while committing or attempting
to commit a felony.
537
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
538
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.
539
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
540
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
541
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
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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
victim younger than 12 years of
age; offender younger than 18
years of age.
542
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.
543
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.
544
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
545
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
546
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
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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
or battery.
547
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
548
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
549
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.
550
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
551
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
552
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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
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
553
812.014(2)(f) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
554
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
555
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
556
812.131(2)(a) 2nd Robbery by sudden snatching.
557
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
558
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
559
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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
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
560
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
561
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
562
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.
563
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
564
817.504(1)(a) 3rd Offering or advertising 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
vaccine with intent to defraud.
565
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
566
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
567
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
568
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.
569
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
570
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
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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
years of age or older.
571
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
572
838.015 2nd Bribery.
573
838.016 2nd Unlawful compensation or reward
for official behavior.
574
838.021(3)(a) 2nd Unlawful harm to a public
servant.
575
838.22 2nd Bid tampering.
576
843.0855(2) 3rd Impersonation of a public
officer or employee.
577
843.0855(3) 3rd Unlawful simulation of legal
process.
578
843.0855(4) 3rd Intimidation of a public
officer or employee.
579
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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
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
580
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
581
872.06 2nd Abuse of a dead human body.
582
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
583
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
584
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
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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
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
585
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.,
within 1,000 feet of property
used for religious services or
a specified business site.
586
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
587
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
588
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
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grams.
589
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
590
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
591
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
592
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
593
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
594
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
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595
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
596
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
597
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
598
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
599
893.135
(1)(h)1.a.
1st Trafficking in gamma-
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
600
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
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601
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
602
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
603
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
604
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
605
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
606
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
607
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896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
608
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; fail ure to
comply with reporting
requirements.
609
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
610
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
611
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
612
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943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
613
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
614
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
615
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
616
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
617
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985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
618
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
619
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
620
Section 8. This act shall take effect October 1, 2023. 621