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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. 985.26, F.S.; authorizing a court to 24
extend the length of secure detention when a juvenile 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
is charged with an offense involving the possession or 26
use of a firearm; amending s. 921.0022, F.S.; ranking 27
offenses on the offense severity ranking chart of the 28
Criminal Punishment Code; conforming provisions to 29
changes made by the act; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Paragraph (a) of subsection (2) and paragraph 34
(a) of subsection (3) of section 775.087, Florida Statutes, are 35
amended to read: 36
775.087 Possession or use of weapon; aggravated battery; 37
felony reclassification; minimu m sentence.— 38
(2)(a)1. Any person who is convicted of a felony or an 39
attempt to commit a felony, regardless of whether the use of a 40
weapon is an element of the felony, and the conviction was for: 41
a. Murder; 42
b. Sexual battery; 43
c. Robbery; 44
d. Burglary; 45
e. Arson; 46
f. Aggravated battery; 47
g. Kidnapping; 48
h. Escape; 49
i. Aircraft piracy; 50
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j. Aggravated child abuse; 51
k. Aggravated abuse of an elderly person or disabled 52
adult; 53
l. Unlawful throwing, placing, or discharging of a 54
destructive device or bomb; 55
m. Carjacking; 56
n. Home-invasion robbery; 57
o. Aggravated stalking; 58
p. Trafficking in cannabis, trafficking in cocaine, 59
capital importation of cocaine, trafficking in illegal drugs, 60
capital importation of illegal drugs, trafficking in 61
phencyclidine, capital importation of phencyclidine, trafficking 62
in methaqualone, capital importation of methaqualone, 63
trafficking in amphetamine, capital importation of amphetamine, 64
trafficking in flunitrazepam, trafficking in gamma -65
hydroxybutyric acid (GHB), t rafficking in 1,4-Butanediol, 66
trafficking in Phenethylamines, or other violation of s. 67
893.135(1); or 68
q. Possession of a firearm by a felon ; or 69
r. Human trafficking 70
71
and during the commission of the offense, such person actually 72
possessed a "firearm" o r "destructive device" as those terms are 73
defined in s. 790.001, shall be sentenced to a minimum term of 74
imprisonment of 10 years, except that a person who is convicted 75
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for possession of a firearm by a felon or burglary of a 76
conveyance shall be sentenced t o a minimum term of imprisonment 77
of 3 years if such person possessed a "firearm" or "destructive 78
device" during the commission of the offense. However, if an 79
offender who is convicted of the offense of possession of a 80
firearm by a felon has a previous conv iction of committing or 81
attempting to commit a felony listed in s. 775.084(1)(b)1. and 82
actually possessed a firearm or destructive device during the 83
commission of the prior felony, the offender shall be sentenced 84
to a minimum term of imprisonment of 10 yea rs. 85
2. Any person who is convicted of a felony or an attempt 86
to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-87
subparagraph 1.r. sub-subparagraphs (a)1.a. -p., regardless of 88
whether the use of a weapon is an element of the felony, and 89
during the course of the commission of the felony such person 90
discharged a "firearm" or "destructive device" as defined in s. 91
790.001 shall be sentenced to a minimum term of imprisonment of 92
20 years. 93
3. Any person who is convicted of a felony or an attempt 94
to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-95
subparagraph 1.r. sub-subparagraphs (a)1.a. -p., regardless of 96
whether the use of a weapon is an element of the felony, and 97
during the course of the commission of the felony such person 98
discharged a "firearm" or "destructive device" as defined in s. 99
790.001 and, as the result of the discharge, death or great 100
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bodily harm was inflicted upon any person, the convicted person 101
shall be sentenced to a minimum term of imprisonment of not less 102
than 25 years and not more than a term of imprisonment of life 103
in prison. 104
(3)(a)1. Any person who is convicted of a felony or an 105
attempt to commit a felony, regardless of whether the use of a 106
firearm is an element of the felony, and the conviction was for: 107
a. Murder; 108
b. Sexual battery; 109
c. Robbery; 110
d. Burglary; 111
e. Arson; 112
f. Aggravated battery; 113
g. Kidnapping; 114
h. Escape; 115
i. Sale, manufacture, delivery, or intent to sell, 116
manufacture, or deliver any controlled substance; 117
j. Aircraft piracy; 118
k. Aggravated child abuse; 119
l. Aggravated abuse of an elderly person or disabled 120
adult; 121
m. Unlawful throwing, placing, or discharging of a 122
destructive device or bomb; 123
n. Carjacking; 124
o. Home-invasion robbery; 125
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p. Aggravated stalking; or 126
q. Trafficking in cannabis, trafficking in cocaine, 127
capital importation of cocaine, trafficking in illegal drugs, 128
capital importation of illegal drugs, trafficking in 129
phencyclidine, capital importation of phencyclidine, trafficking 130
in methaqualone, capita l importation of methaqualone, 131
trafficking in amphetamine, capital importation of amphetamine, 132
trafficking in flunitrazepam, trafficking in gamma -133
hydroxybutyric acid (GHB), trafficking in 1,4 -Butanediol, 134
trafficking in Phenethylamines, or other violation o f s. 135
893.135(1); or 136
r. Human trafficking 137
138
and during the commission of the offense, such person possessed 139
a semiautomatic firearm and its high -capacity detachable box 140
magazine or a machine gun as defined in s. 790.001, shall be 141
sentenced to a minimum ter m of imprisonment of 15 years. 142
2. Any person who is convicted of a felony or an attempt 143
to commit a felony listed in subparagraph 1. subparagraph (a)1., 144
regardless of whether the use of a weapon is an element of the 145
felony, and during the course of the c ommission of the felony 146
such person discharged a semiautomatic firearm and its high -147
capacity box magazine or a "machine gun" as defined in s. 148
790.001 shall be sentenced to a minimum term of imprisonment of 149
20 years. 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
3. Any person who is convicted of a fe lony or an attempt 151
to commit a felony listed in subparagraph 1. subparagraph (a)1., 152
regardless of whether the use of a weapon is an element of the 153
felony, and during the course of the commission of the felony 154
such person discharged a semiautomatic firearm and its high-155
capacity box magazine or a "machine gun" as defined in s. 156
790.001 and, as the result of the discharge, death or great 157
bodily harm was inflicted upon any person, the convicted person 158
shall be sentenced to a minimum term of imprisonment of not l ess 159
than 25 years and not more than a term of imprisonment of life 160
in prison. 161
Section 2. Subsection (5) of section 790.22, Florida 162
Statutes, is amended, and subsection (3) of that section is 163
republished, to read: 164
790.22 Use of BB guns, air or gas -operated guns, or 165
electric weapons or devices by minor under 16; limitation; 166
possession of firearms by minor under 18 prohibited; penalties. — 167
(3) A minor under 18 years of age may not possess a 168
firearm, other than an unloaded firearm at his or her home, 169
unless: 170
(a) The minor is engaged in a lawful hunting activity and 171
is: 172
1. At least 16 years of age; or 173
2. Under 16 years of age and supervised by an adult. 174
(b) The minor is engaged in a lawful marksmanship 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
competition or practice or other lawful recrea tional shooting 176
activity and is: 177
1. At least 16 years of age; or 178
2. Under 16 years of age and supervised by an adult who is 179
acting with the consent of the minor's parent or guardian. 180
(c) The firearm is unloaded and is being transported by 181
the minor directly to or from an event authorized in paragraph 182
(a) or paragraph (b). 183
(5)(a) A minor who violates subsection (3) commits a 184
misdemeanor of the first degree; for a first offense, may serve 185
a period of detention of up to 5 3 days in a secure detention 186
facility; and, in addition to any other penalty provided by law, 187
shall be required to perform 100 hours of community service; 188
and: 189
1. If the minor is eligible by reason of age for a driver 190
license or driving privilege, the court may direct the 191
Department of Highway Safety and Motor Vehicles to revoke or to 192
withhold issuance of the minor's driver license or driving 193
privilege for up to 1 year. 194
2. If the minor's driver license or driving privilege is 195
under suspension or revocation for any reason, the court may 196
direct the Department of Highway Safety and Motor Vehicles to 197
extend the period of suspension or revocation by an additional 198
period of up to 1 year. 199
3. If the minor is ineligible by reason of age for a 200
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driver license or driving privilege, the court m ay direct the 201
Department of Highway Safety and Motor Vehicles to withhold 202
issuance of the minor's driver license or driving privilege for 203
up to 1 year after the date on which the minor would otherwise 204
have become eligible. 205
(b) For a second or subsequent offense, a minor who 206
violates subsection (3) commits a felony of the third degree and 207
shall serve a period of detention of up to 21 15 days in a 208
secure detention facility and shall be required to perform not 209
less than 100 nor more than 250 hours of communi ty service, and: 210
1. If the minor is eligible by reason of age for a driver 211
license or driving privilege, the court may direct the 212
Department of Highway Safety and Motor Vehicles to revoke or to 213
withhold issuance of the minor's driver license or driving 214
privilege for up to 2 years. 215
2. If the minor's driver license or driving privilege is 216
under suspension or revocation for any reason, the court may 217
direct the Department of Highway Safety and Motor Vehicles to 218
extend the period of suspension or revocation by an additional 219
period of up to 2 years. 220
3. If the minor is ineligible by reason of age for a 221
driver license or driving privilege, the court may direct the 222
Department of Highway Safety and Motor Vehicles to withhold 223
issuance of the minor's driver licens e or driving privilege for 224
up to 2 years after the date on which the minor would otherwise 225
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have become eligible. 226
227
For the purposes of this subsection, community service shall be 228
performed, if possible, in a manner involving a hospital 229
emergency room or oth er medical environment that deals on a 230
regular basis with trauma patients and gunshot wounds. 231
Section 3. Paragraph (c) of subsection (2) of section 232
812.014, Florida Statutes, is amended, and paragraph (f) is 233
added that subsection, to read: 234
812.014 Theft.— 235
(2) 236
(c) It is grand theft of the third degree and a felony of 237
the third degree, punishable as provided in s. 775.082, s. 238
775.083, or s. 775.084, if the property stolen is: 239
1. Valued at $750 or more, but less than $5,000. 240
2. Valued at $5,000 or more, but less than $10,000. 241
3. Valued at $10,000 or more, but less than $20,000. 242
4. A will, codicil, or other testamentary instrument. 243
5. A firearm, except as provided in paragraph (f) . 244
6. A motor vehicle, except as provided in paragraph (a). 245
7. Any commercially farmed animal, including any animal of 246
the equine, avian, bovine, or swine class or other grazing 247
animal; a bee colony of a registered beekeeper; and aquaculture 248
species raised at a certified aquaculture facility. If the 249
property stolen is a commercially farmed animal, including an 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
animal of the equine, avian, bovine, or swine class or other 251
grazing animal; a bee colony of a registered beekeeper; or an 252
aquaculture species raised at a certified aquaculture facility, 253
a $10,000 fine shall be imposed. 254
8. Any fire extinguisher that, at the time of the taking, 255
was installed in any building for the purpose of fire prevention 256
and control. This subparagraph does not apply to a fire 257
extinguisher taken from the inventory at a point -of-sale 258
business. 259
9. Any amount of citrus fruit consisting of 2,000 or more 260
individual pieces of fruit. 261
10. Taken from a designated construction site identified 262
by the posting of a sign as provided for in s. 810.09(2)(d). 263
11. Any stop sign. 264
12. Anhydrous ammonia . 265
13. Any amount of a controlled substance as defined in s. 266
893.02. Notwithstanding any other law, separate judgments and 267
sentences for theft of a controlled substance under this 268
subparagraph and for any applicable possession of controlled 269
substance offense under s. 893.13 or trafficking in controlled 270
substance offense under s. 893.135 may be imposed when all such 271
offenses involve the same amount or amounts of a controlled 272
substance. 273
274
However, if the property is stolen during a riot or an 275
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aggravated riot prohibited under s. 870.01 and the perpetration 276
of the theft is facilitated by conditions arising from the riot; 277
or within a county that is subject to a state of emergency 278
declared by the Governor under chapter 252, the property is 279
stolen after the declara tion of emergency is made, and the 280
perpetration of the theft is facilitated by conditions arising 281
from the emergency, the offender commits a felony of the second 282
degree, punishable as provided in s. 775.082, s. 775.083, or s. 283
775.084, if the property is va lued at $5,000 or more, but less 284
than $10,000, as provided under subparagraph 2., or if the 285
property is valued at $10,000 or more, but less than $20,000, as 286
provided under subparagraph 3. As used in this paragraph, the 287
terms "conditions arising from a riot " and "conditions arising 288
from the emergency" have the same meanings as provided in 289
paragraph (b). A person arrested for committing a theft during a 290
riot or an aggravated riot or within a county that is subject to 291
a state of emergency may not be released u ntil the person 292
appears before a committing magistrate at a first appearance 293
hearing. For purposes of sentencing under chapter 921, a felony 294
offense that is reclassified under this paragraph is ranked one 295
level above the ranking under s. 921.0022 or s. 921 .0023 of the 296
offense committed. 297
(f) It is grand theft of the second degree and a felony of 298
the second degree, punishable as provided in s. 775.082, s. 299
775.083, or s. 775.084, if the property stolen is a firearm and 300
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the offender has previously been convic ted of grand theft of a 301
firearm under subparagraph (c)5. 302
Section 4. Paragraph (b) of subsection (1) of section 303
985.24, Florida Statutes, is amended to read: 304
985.24 Use of detention; prohibitions. — 305
(1) All determinations and court orders regarding t he use 306
of detention care shall be based primarily upon findings that 307
the child: 308
(b) Presents a substantial risk of inflicting bodily harm 309
on others as evidenced by recent behavior, including the illegal 310
possession or use of a firearm; 311
Section 5. Paragraph (b) of subsection (2) of section 312
985.245, Florida Statutes, is amended to read: 313
985.245 Risk assessment instrument. — 314
(2) 315
(b) The risk assessment instrument shall take into 316
consideration, but need not be limited to, pending felony and 317
misdemeanor offenses, offenses committed pending adjudication, 318
prior offenses, unlawful possession or use of a firearm, prior 319
history of failure to appear, violations of supervision, and 320
supervision status at the time the child is taken into custody. 321
The risk assessment instrument shall also take into 322
consideration all statutory mandates for detention care. The 323
risk assessment instrument shall also include any information 324
concerning the child's history of abuse and neglect. The risk 325
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assessment shall indicate whether d etention care is warranted, 326
and, if detention care is warranted, whether the child should be 327
placed into secure or supervised release detention care. 328
Section 6. Paragraph (b) of subsection (1) of section 329
985.25, Florida Statutes, is amended to read: 330
985.25 Detention intake. — 331
(1) The department shall receive custody of a child who 332
has been taken into custody from the law enforcement agency or 333
court and shall review the facts in the law enforcement report 334
or probable cause affidavit and make such furt her inquiry as may 335
be necessary to determine whether detention care is appropriate. 336
(b) The department shall base the decision whether to 337
place the child into detention care on an assessment of risk in 338
accordance with the risk assessment instrument and p rocedures 339
developed by the department under s. 985.245, except that a 340
child shall be placed in secure detention care until the child's 341
detention hearing if the child meets the criteria specified in 342
s. 985.255(1)(f), or is charged with possessing or dischar ging a 343
firearm on school property in violation of s. 790.115 , or is 344
charged with any other offense involving the possession or use 345
of a firearm. 346
347
Under no circumstances shall the department or the state 348
attorney or law enforcement officer authorize the detention of 349
any child in a jail or other facility intended or used for the 350
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detention of adults, without an order of the court. 351
Section 7. Paragraph (b) of subsection (2) of section 352
985.26, Florida Statutes, is amended to read: 353
985.26 Length of detention. — 354
(2) 355
(b) Upon good cause being shown that the nature of the 356
charge requires additional time for the prosecution or defense 357
of the case or that the totality of the circumstances, including 358
the preservation of public safety, warrants an extension, the 359
court may extend the length of secure detention care for up to 360
an additional 21 days if the child is charged with an offense 361
which, if committed by an adult, would be a capital felony, a 362
life felony, a felony of the first degree or the second degree, 363
or a felony of the third degree involving violence against any 364
individual, or any other offense involving the possession or use 365
of a firearm. The court may continue to extend the period of 366
secure detention care in increments of up to 21 days each by 367
conducting a hearing before the expiration of the current period 368
to determine the need for continued secure detention of the 369
child. At the hearing, the cour t must make the required findings 370
in writing to extend the period of secure detention. If the 371
court extends the time period for secure detention care, it 372
shall ensure an adjudicatory hearing for the case commences as 373
soon as is reasonably possible consider ing the totality of the 374
circumstances. The court shall prioritize the efficient 375
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disposition of cases in which the child has served 60 or more 376
days in secure detention care. 377
Section 8. Paragraphs (d), (f), and (g) of subsection (3) 378
of section 921.0022, Florida Statutes, are amended to read: 379
921.0022 Criminal Punishment Code; offense severity 380
ranking chart.— 381
(3) OFFENSE SEVERITY RANKING CHART 382
(d) LEVEL 4 383
384
Florida
Statute
Felony
Degree Description
385
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.
386
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
387
499.0051(5) 2nd Knowing sale or delivery, or
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possession with intent to sell,
contraband prescription drugs.
388
517.07(1) 3rd Failure to register securities.
389
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
390
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
391
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
392
784.075 3rd Battery on detention or
commitment facility staff.
393
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
394
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
395
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784.081(3) 3rd Battery on specified official
or employee.
396
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
397
784.083(3) 3rd Battery on code inspector.
398
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
399
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
400
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
401
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
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custody hearing or delivering
to designated person.
402
787.07 3rd Human smuggling.
403
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
404
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
405
790.115(2)(c) 3rd Possessing firearm on school
property.
406
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
407
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
408
806.135 2nd Destroying or demolishing a
memorial or historic property.
409
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810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
410
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
411
810.06 3rd Burglary; possession of tools.
412
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
413
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
414
812.014
(2)(c)4. & 6.-
10.
3rd Grand theft, 3rd degree;
specified items.
415
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
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stolen $300 or more.
416
817.505(4)(a) 3rd Patient brokering.
417
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
418
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
419
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
420
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
421
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
422
836.14(2) 3rd Person who commits theft of a
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sexually explicit image with
intent to promote it.
423
836.14(3) 3rd Person who willfully possesses
a sexually explicit image with
certain knowledge, intent, and
purpose.
424
837.02(1) 3rd Perjury in official
proceedings.
425
837.021(1) 3rd Make contradictory statements
in official proceedings.
426
838.022 3rd Official misconduct.
427
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
428
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
429
843.021 3rd Possession of a concealed
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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
handcuff key by a person in
custody.
430
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
431
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
432
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
433
870.01(3) 2nd Aggravated rioting.
434
870.01(5) 2nd Aggravated inciting a riot.
435
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
436
893.13(2)(a)1. 2nd Purchase of cocaine (or other
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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
s. 893.03(1)(a), (b), or (d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
437
914.14(2) 3rd Witnesses accepting bribes.
438
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
439
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
440
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
441
918.12 3rd Tampering with jurors.
442
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
443
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
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portable communication device)
into correctional institution.
444
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellular
telephone or other portable
communication device introduced
into county detention facility.
445
(f) LEVEL 6 446
447
Florida
Statute
Felony
Degree Description
448
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
449
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
450
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
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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
451
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
452
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
453
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
454
775.0875(1) 3rd Taking firearm from law
enforcement officer.
455
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
456
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
457
784.041 3rd Felony battery; domestic
battery by strangulation.
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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
458
784.048(3) 3rd Aggravated stalking; credible
threat.
459
784.048(5) 3rd Aggravated stalking of person
under 16.
460
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
461
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
462
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
463
784.081(2) 2nd Aggravated assault on specified
official or employee.
464
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
465
784.083(2) 2nd Aggravated assault on code
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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
inspector.
466
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
467
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
468
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
469
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.
470
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
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
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
472
794.05(1) 2nd Unlawful sexual activity with
specified minor.
473
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.
474
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
475
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any
other person.
476
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
477
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
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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
offense.
478
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
479
812.014(2)(c)5. 3rd Grand theft; third degree;
firearm.
480
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
481
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
482
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 30 days
is $3,000 or more; coordination
of others.
483
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
484
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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
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
485
817.4821(5) 2nd Possess cloning paraphernalia
with intent to create cloned
cellular telephones.
486
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
487
817.505(4)(b) 2nd Patient brokering; 10 or more
patients.
488
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
489
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
490
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
491
825.103(3)(c) 3rd Exploiting an elderly person or
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disabled adult and property is
valued at less than $10,000.
492
827.03(2)(c) 3rd Abuse of a child.
493
827.03(2)(d) 3rd Neglect of a child.
494
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
495
828.126(3) 3rd Sexual activities involving
animals.
496
836.05 2nd Threats; extortion.
497
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
498
843.12 3rd Aids or assists person to
escape.
499
847.011 3rd Distributing, offering to
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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
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
500
847.012 3rd Knowingly using a minor in the
production of materials harmful
to minors.
501
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
502
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
503
918.13(2)(b) 2nd Tampering with or fabricating
physical evidence relating to a
capital felony.
504
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
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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
bodily harm.
505
944.40 2nd Escapes.
506
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
507
944.47(1)(a)5. 2nd Introduction of contraband
(firearm, weapon, or explosive)
into correctional facility.
508
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
509
(g) LEVEL 7 510
511
Florida
Statute
Felony
Degree Description
512
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
513
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
514
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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
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.
515
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
516
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
517
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
518
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
519
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456.065(2) 3rd Practicing a health care
profession without a license.
520
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
521
458.327(1) 3rd Practicing medicine without a
license.
522
459.013(1) 3rd Practicing osteopathic medicine
without a license.
523
460.411(1) 3rd Practicing chiropractic
medicine without a license.
524
461.012(1) 3rd Practicing podiatric medicine
without a license.
525
462.17 3rd Practicing naturopathy without
a license.
526
463.015(1) 3rd Practicing optometry without a
license.
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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
527
464.016(1) 3rd Practicing nursing without a
license.
528
465.015(2) 3rd Practicing pharmacy without a
license.
529
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
530
467.201 3rd Practicing midwifery without a
license.
531
468.366 3rd Delivering respiratory care
services without a license.
532
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
533
483.901(7) 3rd Practicing medical physics
without a license.
534
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
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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
535
484.053 3rd Dispensing hearing aids without
a license.
536
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.
537
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.
538
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
539
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
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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
institution.
540
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
541
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
542
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
543
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
544
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
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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
(manslaughter).
545
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
546
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
547
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
548
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
549
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
550
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
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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
551
784.048(7) 3rd Aggravated stalking; violation
of court order.
552
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
553
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
554
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
555
784.081(1) 1st Aggravated battery on specified
official or employee.
556
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
557
784.083(1) 1st Aggravated battery on code
inspector.
558
787.06(3)(a)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
of an adult.
559
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.
560
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
561
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
562
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
563
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
564
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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(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
565
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
566
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
567
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.
568
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
569
796.05(1) 1st Live on earnings 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
prostitute; 3rd and subsequent
offense.
570
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
571
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.
572
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.
573
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
574
810.02(3)(a) 2nd Burglary of occupied dwelling;
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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
unarmed; no assault or battery.
575
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
576
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
577
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
578
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.
579
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
580
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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)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
581
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
582
812.014(2)(f) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
583
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
584
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
585
812.131(2)(a) 2nd Robbery by sudden snatching.
586
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
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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
587
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
588
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
589
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
590
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
591
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.
592
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
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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
equipment with intent to
defraud.
593
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
594
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
595
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
596
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
597
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.
598
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
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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 disfigurement.
599
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
600
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
601
838.015 2nd Bribery.
602
838.016 2nd Unlawful compensation or reward
for official behavior.
603
838.021(3)(a) 2nd Unlawful harm to a public
servant.
604
838.22 2nd Bid tampering.
605
843.0855(2) 3rd Impersonation of a public
officer or employee.
606
843.0855(3) 3rd Unlawful simulation of legal
process.
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607
843.0855(4) 3rd Intimidation of a public
officer or employee.
608
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
609
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
610
872.06 2nd Abuse of a dead human body.
611
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
612
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
613
893.13(1)(c)1. 1st Sell, manufacture, or deliver
cocaine (or other drug
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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.
614
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.
615
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
616
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
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lbs.
617
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
618
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
619
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
620
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
621
893.135
(1)(c)3.a.
1st Trafficking in oxycod one, 7
grams or more, less than 14
grams.
622
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
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623
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
624
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
625
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
626
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
627
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
628
893.135
(1)(h)1.a.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
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629
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
630
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
631
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
632
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
633
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
634
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
635
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896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
636
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
637
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
638
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
639
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
640
943.0435(13) 3rd Failure to report or providing
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false information about a
sexual offender; harbor or
conceal a sexual offender.
641
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
642
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
643
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
644
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
645
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
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to respond to address
verification; providing false
registration information.
646
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
647
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
648
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
649
Section 9. This act shall take effect October 1, 2023. 650