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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 theft; amending s. 812.014, F.S.; 2
reducing the minimum threshold amount for an offense 3
of grand theft of the third degree; creating an 4
offense of grand theft of the third degree; providing 5
criminal penalties; creating an offense of grand theft 6
of the second degree; providing criminal penalties; 7
creating an offense of petit theft of the first 8
degree; providing criminal penalties; providing 9
enhanced criminal penalties for committing petit theft 10
of the first degree and having certain previou s 11
convictions; amending s. 812.015, F.S.; defining the 12
term "social media platform"; revising the number of 13
thefts required within a specified aggregation period 14
required to commit a specified violation for retail 15
theft; revising specified timeframes, from 30-day 16
periods to 365-day periods, in which individual acts 17
of retail theft may be aggregated to establish 18
specified thresholds; prohibiting a person from 19
committing retail theft with a specified number of 20
other persons for a specified purpose; providing a 21
criminal penalty; revising the number of thefts 22
required within a specified aggregation period 23
required to commit a specified violation for retail 24
theft; prohibiting a person from committing retail 25
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theft with a specific number of other persons for a 26
specified purpose when such person uses a social media 27
platform to solicit the participation of other 28
persons; providing a criminal penalty; providing 29
criminal penalties for a person who commits retail 30
theft and has certain prior retail theft convictions; 31
providing criminal penalties for a person who commits 32
retail theft who possesses a firearm during the 33
commission of the offense; requiring a court to order 34
a person convicted of retail theft to pay specified 35
restitution; amending s. 921.0022, F.S.; ranking 36
offenses on the offense severity ranking chart of the 37
Criminal Punishment Code; amending s. 784.07, F.S.; 38
correcting a cross-reference; providing an effective 39
date. 40
41
Be It Enacted by the Legislature of the State of Florida: 42
43
Section 1. Paragraphs (e) and (f) of subsection (2) of 44
section 812.014, Florida Statutes, are renumbered as paragraphs 45
(f) and (g), respectively, paragraphs (c) and (d) of that 46
subsection are amended, and a new paragraph (e) is added to that 47
subsection, to read: 48
812.014 Theft.— 49
(2) 50
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(c) It is grand theft of the third degree and a felony of 51
the third degree, punishable as provided in s. 775.082, s. 52
775.083, or s. 775.084, if the property stolen is: 53
1. Valued at $750 or more, but less than $5,000. 54
2. Valued at $5,000 or more, but less than $10,000. 55
3. Valued at $10,000 or more, but less than $20,000. 56
4. A will, codicil, or other testamentary instrument. 57
5. A firearm, except as provided in paragraph (g) 58
paragraph (f). 59
6. A motor vehicle, except as provided in paragraph ( a). 60
7. Any commercially farmed animal, including any animal of 61
the equine, avian, bovine, or swine class or other grazing 62
animal; a bee colony of a registered beekeeper; and aquaculture 63
species raised at a certified aquaculture facility. If the 64
property stolen is a commercially farmed animal, including an 65
animal of the equine, avian, bovine, or swine class or other 66
grazing animal; a bee colony of a registered beekeeper; or an 67
aquaculture species raised at a certified aquaculture facility, 68
a $10,000 fine shall be imposed. 69
8. Any fire extinguisher that, at the time of the taking, 70
was installed in any building for the purpose of fire prevention 71
and control. This subparagraph does not apply to a fire 72
extinguisher taken from the inventory at a point -of-sale 73
business. 74
9. Any amount of citrus fruit consisting of 2,000 or more 75
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individual pieces of fruit. 76
10. Taken from a designated construction site identified 77
by the posting of a sign as provided for in s. 810.09(2)(d). 78
11. Any stop sign. 79
12. Anhydrous ammonia. 80
13. Any amount of a controlled substance as defined in s. 81
893.02. Notwithstanding any other law, separate judgments and 82
sentences for theft of a controlled substance under this 83
subparagraph and for any applicable possession of controlled 84
substance offense under s. 893.13 or trafficking in controlled 85
substance offense under s. 893.135 may be imposed when all such 86
offenses involve the same amount or amounts of a controlled 87
substance. 88
89
However, if the property is stolen during a riot or an 90
aggravated riot prohibited under s. 870.01 and the perpetration 91
of the theft is facilitated by conditions arising from the riot; 92
or within a county that is subject to a state of emergency 93
declared by the Governor under chapter 252, the property is 94
stolen after the declaration of emergency is made, and the 95
perpetration of the theft is facilitated by conditions arising 96
from the emergency, the offender commits a felony of the second 97
degree, punishable as provided in s. 775.082, s. 775.083, or s. 98
775.084, if the propert y is valued at $5,000 or more, but less 99
than $10,000, as provided under subparagraph 2., or if the 100
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property is valued at $10,000 or more, but less than $20,000, as 101
provided under subparagraph 3. As used in this paragraph, the 102
terms "conditions arising from a riot" and "conditions arising 103
from the emergency" have the same meanings as provided in 104
paragraph (b). A person arrested for committing a theft during a 105
riot or an aggravated riot or within a county that is subject to 106
a state of emergency may not be rel eased until the person 107
appears before a committing magistrate at a first appearance 108
hearing. For purposes of sentencing under chapter 921, a felony 109
offense that is reclassified under this paragraph is ranked one 110
level above the ranking under s. 921.0022 or s. 921.0023 of the 111
offense committed. 112
(d)1. It is grand theft of the third degree and a felony 113
of the third degree, punishable as provided in s. 775.082, s. 114
775.083, or s. 775.084, if the property stolen is valued at $40 115
$100 or more, but less than $750 , and is taken from a dwelling 116
as defined in s. 810.011(2) or from the unenclosed curtilage of 117
a dwelling pursuant to s. 810.09(1). 118
2. It is grand theft of the third degree and a felony of 119
the third degree, punishable as provided in s. 775.082, s. 120
775.083, or s. 775.084, if the property stolen is valued at $750 121
or more and is taken from a dwelling as defined in s. 810.011(2) 122
or from the unenclosed curtilage of a dwelling pursuant to s. 123
810.09(1). 124
3. It is grand theft of the second degree and a felony of 125
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the second degree, punishable as provided in s. 775.082, s. 126
775.083, or s. 775.084, if the property stolen is taken from 127
more than 20 dwellings as defined in s. 810.011(2) or from the 128
unenclosed curtilage of more than 20 dwellings pursuant to s. 129
810.09(1), or any combination thereof. 130
(e)1. It is petit theft of the first degree and a 131
misdemeanor of the first degree, punishable as provided in s. 132
775.082 or s. 775.083, if the property stolen is valued at less 133
than $40 and is taken from a dwelling as defined in s. 134
810.011(2) or from the unenclosed curtilage of a dwelling 135
pursuant to s. 810.09(1). 136
2. A person who commits a violation of subparagraph 1. and 137
who has previously been convicted of any theft commits a felony 138
of the third degree, punishable as provi ded in s. 775.082 or s. 139
775.083. 140
3. A person who commits a violation of subparagraph 1. and 141
who has previously been convicted two or more times of any theft 142
commits a felony of the third degree, punishable as provided in 143
s. 775.082 or s. 775.083. 144
Section 2. Subsection (11) of section 812.015, Florida 145
Statutes, is renumbered as subsection (13), subsections (1), 146
(8), (9), and (10) are amended, and new subsections (11) and 147
(12) are added to that section, to read: 148
812.015 Retail and farm theft; transit fare evasion; 149
mandatory fine; alternative punishment; detention and arrest; 150
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exemption from liability for false arrest; resisting arrest; 151
penalties.— 152
(1) As used in this section: 153
(a)(h) "Antishoplifting or inventory control device" means 154
a mechanism or other device designed and operated for the 155
purpose of detecting the removal from a mercantile establishment 156
or similar enclosure, or from a protected area within such an 157
enclosure, of specially marked or tagged merchandise. The term 158
includes any electronic or digital imaging or any video 159
recording or other film used for security purposes and the cash 160
register tape or other record made of the register receipt. 161
(b)(i) "Antishoplifting or inventory control device 162
countermeasure" means any item or device whic h is designed, 163
manufactured, modified, or altered to defeat any antishoplifting 164
or inventory control device. 165
(c)(e) "Farm produce" means livestock or any item grown, 166
produced, or manufactured by a person owning, renting, or 167
leasing land for the purpose o f growing, producing, or 168
manufacturing items for sale or personal use, either part time 169
or full time. 170
(d)(g) "Farm theft" means the unlawful taking possession 171
of any items that are grown or produced on land owned, rented, 172
or leased by another person. The term includes the unlawful 173
taking possession of equipment and associated materials used to 174
grow or produce farm products as defined in s. 823.14(3)(e). 175
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(e)(f) "Farmer" means a person who is engaging in the 176
growing or producing of farm produce, milk prod ucts, honey, 177
eggs, or meat, either part time or full time, for personal 178
consumption or for sale and who is the owner or lessee of the 179
land or a person designated in writing by the owner or lessee to 180
act as her or his agent. No person defined as a farm labo r 181
contractor pursuant to s. 450.28 shall be designated to act as 182
an agent for purposes of this section. 183
(f)(k) "Mass transit vehicle" means buses, rail cars, or 184
fixed-guideway mover systems operated by, or under contract to, 185
state agencies, political sub divisions of the state, or 186
municipalities for the transportation of fare -paying passengers. 187
(g)(a) "Merchandise" means any personal property, capable 188
of manual delivery, displayed, held, or offered for retail sale 189
by a merchant. 190
(h)(b) "Merchant" means an owner or operator, or the 191
agent, consignee, employee, lessee, or officer of an owner or 192
operator, of any premises or apparatus used for retail purchase 193
or sale of any merchandise. 194
(i)(d) "Retail theft" means the taking possession of or 195
carrying away of merchandise, property, money, or negotiable 196
documents; altering or removing a label, universal product code, 197
or price tag; transferring merchandise from one container to 198
another; or removing a shopping cart, with intent to deprive the 199
merchant of possession, use, benefit, or full retail value. 200
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(j) "Social media platform" has the same meaning as 201
provided in s. 501.2041(1). 202
(k)(l) "Transit agency" means any state agency, political 203
subdivision of the state, or municipality which operates mass 204
transit vehicles. 205
(l)(j) "Transit fare evasion" means the unlawful refusal 206
to pay the appropriate fare for transportation upon a mass 207
transit vehicle, or to evade the payment of such fare, or to 208
enter any mass transit vehicle or facility by any door, 209
passageway, or gate, except as provided for the entry of fare -210
paying passengers, and shall constitute petit theft as 211
proscribed by this chapter. 212
(m) "Trespass" means the violation as described in s. 213
810.08. 214
(n)(c) "Value of merchandise" means the sale price of the 215
merchandise at the time it was stolen or otherwise removed, 216
depriving the owner of her or his lawful right to ownership and 217
sale of said item. 218
(8) Except as provided in subsection (9) or subsection 219
(11), a person who commits retail theft commits a felony of the 220
third degree, punishable as provided in s. 775.082, s. 775.083, 221
or s. 775.084, if the person: 222
(a) Individually, or in concert with one or more other 223
persons, coordinates the activities of one or more individuals 224
in committing the offense, which may occur through multiple acts 225
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of retail theft, in which the amount of each individual theft is 226
aggregated within a 365-day 30-day period to determine the value 227
of the property stolen and such value is $750 or more; 228
(b) Conspires with another person to commit retail theft 229
with the intent to sell the stolen property for monetary or 230
other gain, and subsequently takes or causes such property to be 231
placed in the control of another person in exchange for 232
consideration, in which the stolen property taken or placed 233
within a 365-day 30-day period is aggregated to determine the 234
value of the stolen property and such value is $750 or more; 235
(c) Individually, or in concert with one or more other 236
persons, commits theft from more than one location within a 365-237
day 30-day period, in which the amount of each individual theft 238
is aggregated to determine the value of the property stolen and 239
such value is $750 or more; 240
(d) Acts in concert with one or more other individua ls 241
within one or more establishments to distract the merchant, 242
merchant's employee, or law enforcement officer in order to 243
carry out the offense, or acts in other ways to coordinate 244
efforts to carry out the offense and such value is $750 or more; 245
(e) Commits the offense through the purchase of 246
merchandise in a package or box that contains merchandise other 247
than, or in addition to, the merchandise purported to be 248
contained in the package or box and such value is $750 or more; 249
or 250
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(f) Individually, or in c oncert with one 1 or more other 251
persons, commits three 5 or more retail thefts within a 365-day 252
30-day period and in committing such thefts obtains or uses 10 253
or more items of merchandise, and the number of items stolen 254
during each theft is aggregated within the 365-day 30-day period 255
to determine the total number of items stolen, regardless of the 256
value of such merchandise, and two 2 or more of the thefts occur 257
at different physical merchant locations ; or 258
(g) Acts in concert with five or more other persons within 259
one or more establishments for the purpose of overwhelming the 260
response of a merchant, mercha nt's employee, or law enforcement 261
officer in order to carry out the offense or avoid detection or 262
apprehension for the offense . 263
(9) Except as provided in subsection (11), a person 264
commits a felony of the second degree, punishable as provided in 265
s. 775.082, s. 775.083, or s. 775.084, if the person: 266
(a) Violates subsection (8) and has previously been 267
convicted of a violation of subsection (8) or of this 268
subsection; 269
(b) Individually, or in concert with one or more other 270
persons, coordinates the activitie s of one or more persons in 271
committing the offense of retail theft, in which the amount of 272
each individual theft within a 365-day 30-day period is 273
aggregated to determine the value of the stolen property and 274
such value is in excess of $3,000; 275
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(c) Conspires with another person to commit retail theft 276
with the intent to sell the stolen property for monetary or 277
other gain, and subsequently takes or causes such property to be 278
placed in control of another person in exchange for 279
consideration, in which the stole n property taken or placed 280
within a 365-day 30-day period is aggregated to have a value in 281
excess of $3,000; or 282
(d) Individually, or in concert with one 1 or more other 283
persons, commits three 5 or more retail thefts within a 365-day 284
30-day period and in committing such thefts obtains or uses 20 285
or more items of merchandise, and the number of items stolen 286
during each theft is aggregated within the 365-day 30-day period 287
to determine the total number of items stolen, regardless of the 288
value of such merchandi se, and two 2 or more of the thefts occur 289
at a different physical retail merchant location ; or 290
(e) Acts in concert with five or more other persons within 291
one or more establishments for the purpose of overwhelming the 292
response of a merchant, merchant's em ployee, or law enforcement 293
officer in order to carry out the offense or avoid detection or 294
apprehension for the offense and, in the course of organizing or 295
committing the offense, solicits the participation of another 296
person in the offense through the use of a social media 297
platform. 298
(10) If a person commits retail theft in more than one 299
judicial circuit within a 365-day 30-day period, the value of 300
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the stolen property resulting from the thefts in each judicial 301
circuit may be aggregated, and the person must be prosecuted by 302
the Office of the Statewide Prosecutor in accordance with s. 303
16.56. 304
(11) A person commits a felony of the first degree, 305
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 306
if he or she violates subsection (8) or subsection (9) and: 307
(a) Has two or more previous convictions of violations of 308
either or both of those subsections; or 309
(b) Possesses a firearm during the commission of such 310
offense. 311
(12) A court must order a person convicted of violating 312
this section to pay rest itution, which must include the value of 313
merchandise that was damaged or stolen and the cost of repairing 314
or replacing any other property that was damaged in the course 315
of committing the offense. 316
Section 3. Paragraphs (b), (d), (e), (f), (g), and (h) o f 317
subsection (3) of section 921.0022, Florida Statutes, are 318
amended to read: 319
921.0022 Criminal Punishment Code; offense severity 320
ranking chart.— 321
(3) OFFENSE SEVERITY RANKING CHART 322
(b) LEVEL 2 323
324
Florida Felony Description
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Statute Degree
325
379.2431
(1)(e)3.
3rd Possession of 11 or fewer
marine turtle eggs in violation
of the Marine Turtle Protection
Act.
326
379.2431
(1)(e)4.
3rd Possession of more than 11
marine turtle eggs in violation
of the Marine Turtle Protection
Act.
327
403.413(6)(c) 3rd Dumps waste litter exceeding
500 lbs. in weight or 100 cubic
feet in volume or any quantity
for commercial purposes, or
hazardous waste.
328
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
329
590.28(1) 3rd Intentional burning of lands.
330
784.03(3) 3rd Battery during a riot or an
aggravated riot.
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331
784.05(3) 3rd Storing or leaving a loaded
firearm within reach of minor
who uses it to inflict injury
or death.
332
787.04(1) 3rd In violation of court order,
take, entice, etc., minor
beyond state limits.
333
806.13(1)(b)3. 3rd Criminal mischief; damage
$1,000 or more to public
communication or any other
public service.
334
806.13(3) 3rd Criminal mischief; damage of
$200 or more to a memorial or
historic property.
335
810.061(2) 3rd Impairing or impeding telephone
or power to a dwelling;
facilitating or furthering
burglary.
336
810.09(2)(e) 3rd Trespassing on posted
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commercial horticulture
property.
337
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750
or more but less than $5,000.
338
812.014(2)(d)1.
812.014(2)(d)
3rd Grand theft, 3rd degree; $40
$100 or more but less than
$750, taken from dwelling or
its unenclosed curtilage of
dwelling.
339
812.014(2)(e)2. 3rd Petit theft, 1st degree; less
than $40 taken from dwelling or
its unenclosed curtilage with
one prior theft conviction.
340
812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
countermeasure.
341
817.234(1)(a)2. 3rd False statement in support of
insurance claim.
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342
817.481(3)(a) 3rd Obtain credit or purchase with
false, expired, counterfeit,
etc., credit card, value over
$300.
343
817.52(3) 3rd Failure to redeliver hired
vehicle.
344
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
345
817.60(5) 3rd Dealing in credit cards of
another.
346
817.60(6)(a) 3rd Forgery; purchase goods,
services with false card.
347
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
months.
348
826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
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related.
349
831.01 3rd Forgery.
350
831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
351
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
352
831.08 3rd Possessing 10 or more forged
notes, bills, checks, or
drafts.
353
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
354
831.11 3rd Bringing into the state forged
bank bills, checks, drafts, or
notes.
355
832.05(3)(a) 3rd Cashing or depositing item with
intent to defraud.
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356
843.01(2) 3rd Resist police canine or police
horse with violence; under
certain circumstances.
357
843.08 3rd False personation.
358
843.19(3) 3rd Touch or strike police, fire,
SAR canine or police horse.
359
893.13(2)(a)2. 3rd Purchase of any s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
other than cannabis.
360
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.
361
(d) LEVEL 4 362
363
Florida
Statute
Felony
Degree
Description
364
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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.
365
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
366
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
367
517.07(1) 3rd Failure to register securities.
368
517.12(1) 3rd Failure of dealer or associate d
person of a dealer of
securities to register.
369
784.031 3rd Battery by strangulation.
370
784.07(2)(b) 3rd Battery of law enforcement
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officer, firefighter, etc.
371
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
372
784.075 3rd Battery on detention or
commitment facility staff.
373
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
374
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
375
784.081(3) 3rd Battery on specified official
or employee.
376
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
377
784.083(3) 3rd Battery on code inspector.
378
784.085 3rd Battery of child by throwing,
tossing, projecting, or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
expelling certain fluids or
materials.
379
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
380
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
381
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
382
787.07 3rd Human smuggling.
383
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
384
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other weapon on school
property.
385
790.115(2)(c) 3rd Possessing firearm on school
property.
386
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
387
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
388
806.135 2nd Destroying or demolishing a
memorial or historic property.
389
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
390
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
391
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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
810.06 3rd Burglary; possession of tools.
392
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
393
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
394
812.014
(2)(c)4. &
6.-10.
3rd Grand theft, 3rd degree;
specified items.
395
812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750
or more taken from dwelling or
its unenclosed curtilage.
396
812.014(2)(e)3. 3rd Petit theft, 1st degree; less
than $40 taken from dwelling or
its unenclosed curtilage with
two or more prior theft
convictions.
397
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
stolen $300 or more.
398
817.505(4)(a) 3rd Patient brokering.
399
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
400
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
401
817.5695(3)(c) 3rd Exploitation of person 65 years
of age or older, value less
than $10,000.
402
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
403
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
404
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
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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
breeding disability to any
registered horse or cattle.
405
836.14(2) 3rd Person who commits theft of a
sexually explicit image with
intent to promote it.
406
836.14(3) 3rd Person who willfully possesses
a sexually explicit image with
certain knowledge, intent, and
purpose.
407
837.02(1) 3rd Perjury in official
proceedings.
408
837.021(1) 3rd Make contradictory statements
in official proceedings.
409
838.022 3rd Official misconduct.
410
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
411
839.13(2)(c) 3rd Falsifying records of the
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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
Department of Children and
Families.
412
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
413
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
414
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
415
843.19(2) 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
416
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
417
870.01(3) 2nd Aggravated rioting.
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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
418
870.01(5) 2nd Aggravated inciting a riot.
419
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
420
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).
421
914.14(2) 3rd Witnesses accepting bribes.
422
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
423
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
424
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
425
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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
918.12 3rd Tampering with jurors.
426
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
427
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
428
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.
429
(e) LEVEL 5 430
431
Florida
Statute
Felony
Degree
Description
432
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
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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 injury, failure to stop;
leaving scene.
433
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
434
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
435
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
436
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
437
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
sale, conspiring or aiding in
such barter, trade, or sale, or
supplying, agreeing to supply,
aiding in supplying, or giving
away stone crab trap tags or
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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
certificates; making, altering,
forging, counterfeiting, or
reproducing stone crab trap
tags; possession of forged,
counterfeit, or imitation stone
crab trap tags; and engaging in
the commercial harvest of stone
crabs while license is
suspended or revoked.
438
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
439
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
440
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
441
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
442
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
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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
compensation claims.
443
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
444
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
445
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
446
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
447
790.162 2nd Threat to throw or discharge
destructive device.
448
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
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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 violent manner.
449
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
450
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
451
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
452
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
453
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
454
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
455
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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)(d)3. 2nd Grand theft, 2nd degree; theft
from 20 or more dwellings or
their unenclosed curtilage, or
any combination.
456
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
457
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
458
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
459
812.015(8)(g) 3rd Retail theft; committed with
specified number of other
persons.
460
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
461
812.081(3) 2nd Trafficking in trade secrets.
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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
462
812.131(2)(b) 3rd Robbery by sudden snatching.
463
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
464
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
465
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
466
817.2341(1),
(2)(a) &
(3)(a)
3rd Filing false financial
statements, making false
entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
467
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
value of benefit, services
received, payment avoided, or
amount of injury or fraud,
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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
$5,000 or more or use of
personal identification
information of 10 or more
persons.
468
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
469
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
470
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
471
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
472
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
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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
picture, etc., which includes
child pornography.
473
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
474
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
475
839.13(2)(b) 2nd Falsifying records of an
individual in the care and
custody of a state agency
involving great bodily harm or
death.
476
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
477
847.0135(5)(b) 2nd Lewd or lascivious exhibition
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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
using computer; offender 18
years or older.
478
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
479
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
480
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subse quent
offense.
481
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
482
893.13(1)(a)1. 2nd Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
483
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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
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
484
893.13(1)(d)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
university.
485
893.13(1)(e)2. 2nd Sell, manufacture, or deliver
cannabis or other drug
prohibited under s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
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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)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) within
1,000 feet of property used for
religious services or a
specified business site.
486
893.13(1)(f)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
or (2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
public housing facility.
487
893.13(4)(b) 2nd Use or hire of minor; deli ver
to minor other controlled
substance.
488
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
489
(f) LEVEL 6 490
491
Florida
Statute
Felony
Degree
Description
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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
492
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
493
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
494
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
495
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
496
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
497
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
498
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
775.0875(1) 3rd Taking firearm from law
enforcement officer.
499
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
500
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
501
784.041 3rd Felony battery; domestic
battery by strangulation.
502
784.048(3) 3rd Aggravated stalking; credible
threat.
503
784.048(5) 3rd Aggravated stalking of person
under 16.
504
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
505
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
506
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
507
784.081(2) 2nd Aggravated assault on specified
official or employee.
508
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
509
784.083(2) 2nd Aggravated assault on code
inspector.
510
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
511
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
512
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
513
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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
790.164(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.
514
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
515
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
516
794.05(1) 2nd Unlawful sexual activity with
specified minor.
517
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.
518
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
older.
519
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any
other person.
520
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
521
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
offense.
522
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
523
812.014(2)(c)5. 3rd Grand theft; third degree;
firearm.
524
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
525
812.015(9)(a) 2nd Retail theft; property stolen
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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
$750 or more; second or
subsequent conviction.
526
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 365 30
days is $3,000 or more;
coordination of others.
527
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
528
812.015(9)(e) 2nd Retail theft; committed with
specified number of other
persons and use of social media
platform.
529
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
530
817.4821(5) 2nd Possess cloning paraphernalia
with intent to create cloned
cellular telephones.
531
817.49(2)(b)2. 2nd Willful making of a false
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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
report of a crime resulting in
death.
532
817.505(4)(b) 2nd Patient brokering; 10 or more
patients.
533
817.5695(3)(b) 2nd Exploitation of person 65 years
of age or older, value $10,000
or more, but less than $50,000.
534
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
535
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
536
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
537
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
valued at less than $10,000.
538
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
539
827.03(2)(d) 3rd Neglect of a child.
540
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
541
828.126(3) 3rd Sexual activities involving
animals.
542
836.05 2nd Threats; extortion.
543
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
544
843.12 3rd Aids or assists person to
escape.
545
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
546
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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.
547
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
548
893.131 2nd Distribution of controlled
substances resulting in
overdose or serious bodily
injury.
549
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
550
918.13(2)(b) 2nd Tampering with or fabricating
physical evidence relating to a
capital felony.
551
944.35(3)(a)2. 3rd Committing malicious battery
upon or inflicting cruel or
inhuman treatment on an inmate
or offender on community
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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
supervision, resulting in great
bodily harm.
552
944.40 2nd Escapes.
553
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
554
944.47(1)(a)5. 2nd Introduction of contraband
(firearm, weapon, or explosive)
into correctional facility.
555
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
556
(g) LEVEL 7 557
558
Florida
Statute
Felony
Degree
Description
559
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
560
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
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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
561
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.
562
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
563
402.319(2) 2nd Misrepresentation and
negligence or intentional a ct
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
564
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
565
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
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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
566
456.065(2) 3rd Practicing a health care
profession without a license.
567
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
568
458.327(1) 3rd Practicing medicine without a
license.
569
459.013(1) 3rd Practicing osteopathic medicine
without a license.
570
460.411(1) 3rd Practicing chiropractic
medicine without a license.
571
461.012(1) 3rd Practicing podiatric medicine
without a license.
572
462.17 3rd Practicing naturopathy without
a license.
573
463.015(1) 3rd Practicing optometry without a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
license.
574
464.016(1) 3rd Practicing nursing without a
license.
575
465.015(2) 3rd Practicing pharmacy without a
license.
576
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
577
467.201 3rd Practicing midwifery without a
license.
578
468.366 3rd Delivering respiratory care
services without a license.
579
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
580
483.901(7) 3rd Practicing medical physics
without a license.
581
484.013(1)(c) 3rd Preparing or dispensing optical
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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
devices without a prescription.
582
484.053 3rd Dispensing hearing aids without
a license.
583
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.
584
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.
585
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
586
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
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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
less than $20,000 by financial
institution.
587
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
588
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
589
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
590
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
591
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
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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
negligence of another
(manslaughter).
592
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
593
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
594
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
595
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
596
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
597
784.048(4) 3rd Aggravated stalking; violation
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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 injunction or court order.
598
784.048(7) 3rd Aggravated stalking; violation
of court order.
599
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
600
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
601
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
602
784.081(1) 1st Aggravated battery on specified
official or employee.
603
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
604
784.083(1) 1st Aggravated battery on code
inspector.
605
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
606
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.
607
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
608
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
609
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
610
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
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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
611
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
612
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
613
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
614
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.
615
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
616
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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
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
617
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
618
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.
619
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or ol der
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
620
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
621
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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
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
622
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
623
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
624
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
625
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.
626
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
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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
627
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
628
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
629
812.014(2)(g)
812.014(2)(f)
2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
630
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
631
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
632
812.131(2)(a) 2nd Robbery by sudden snatching.
633
812.133(2)(b) 1st Carjacking; no firearm, deadly
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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
weapon, or other weapon.
634
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
635
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
636
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
637
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
638
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.
639
817.418(2)(a) 3rd Offering for sale or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
advertising personal protective
equipment with intent to
defraud.
640
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
641
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
642
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
643
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
644
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.
645
827.03(2)(b) 2nd Neglect of a child causing
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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
great bodily harm, disability,
or disfigurement.
646
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
647
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
648
838.015 2nd Bribery.
649
838.016 2nd Unlawful compensation or reward
for official behavior.
650
838.021(3)(a) 2nd Unlawful harm to a public
servant.
651
838.22 2nd Bid tampering.
652
843.0855(2) 3rd Impersonation of a public
officer or employee.
653
843.0855(3) 3rd Unlawful simulation of legal
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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
process.
654
843.0855(4) 3rd Intimidation of a public
officer or employee.
655
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
656
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
657
872.06 2nd Abuse of a dead human body.
658
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; secon d or
subsequent offense.
659
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
660
893.13(1)(c)1. 1st Sell, manufacture, or deliver
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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
cocaine (or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
661
893.13(1)(e)1. 1st Sell, manufacture, or deliv er
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.
662
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
663
893.135(1)(a)1. 1st Trafficking in cannabis, more
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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
than 25 lbs., less than 2,000
lbs.
664
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
665
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
666
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
667
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
668
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
669
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 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
grams.
670
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
671
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
672
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
673
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
674
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
675
893.135
(1)(h)1.a.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
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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
kilograms.
676
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
677
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
678
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
679
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
680
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
681
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
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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
682
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
683
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
684
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
685
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
686
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
687
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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
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
688
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
689
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
690
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
691
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
692
944.607(13) 3rd Sexual offender; failure 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
report and reregister; failure
to respond to address
verification; providing false
registration information.
693
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
694
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
695
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
696
(h) LEVEL 8 697
698
Florida
Statute
Felony
Degree
Description
699
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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
316.193
(3)(c)3.a.
2nd DUI manslaughter.
700
316.1935(4)(b) 1st Aggravated fleeing or attempted
eluding with serious bodily
injury or death.
701
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
702
499.0051(6) 1st Knowing trafficking in
contraband prescription drugs.
703
499.0051(7) 1st Knowing forgery of prescription
labels or prescription drug
labels.
704
560.123(8)(b)2. 2nd Failure to report currency or
payment instruments t otaling or
exceeding $20,000, but less
than $100,000 by money
transmitter.
705
560.125(5)(b) 2nd Money transmitter business by
unauthorized person, currency
or payment instruments totaling
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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 exceeding $20,000, but less
than $100,000.
706
655.50(10)(b)2. 2nd Failure to report financial
transactions totaling or
exceeding $20,000, but less
than $100,000 by financial
institutions.
707
777.03(2)(a) 1st Accessory after the fact,
capital felony.
708
782.04(4) 2nd Killing of human without design
when engaged in act or at tempt
of any felony other than arson,
sexual battery, robbery,
burglary, kidnapping,
aggravated fleeing or eluding
with serious bodily injury or
death, aircraft piracy, or
unlawfully discharging bomb.
709
782.051(2) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony not
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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
enumerated in s. 782.04(3).
710
782.071(1)(b) 1st Committing vehicular homicide
and failing to render aid or
give information.
711
782.072(2) 1st Committing vessel homicide and
failing to render aid or give
information.
712
787.06(3)(a)1. 1st Human trafficking for labor and
services of a child.
713
787.06(3)(b) 1st Human trafficking using
coercion for commercial sexual
activity of an adult.
714
787.06(3)(c)2. 1st Human trafficking using
coercion for labor and services
of an unauthorized alien adult.
715
787.06(3)(e)1. 1st Human trafficking for labor and
services by the transfer or
transport of a child from
outside Florida to within the
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state.
716
787.06(3)(f)2. 1st Human trafficking usi ng
coercion for commercial sexual
activity by the transfer or
transport of any adult from
outside Florida to within the
state.
717
790.161(3) 1st Discharging a destructive
device which results in bodily
harm or property damage.
718
794.011(5)(a) 1st Sexual battery; victim 12 years
of age or older but younger
than 18 years; offender 18
years or older; offender does
not use physical force likely
to cause serious injury.
719
794.011(5)(b) 2nd Sexual battery; victim and
offender 18 years of age or
older; offender does not use
physical force likely to cause
serious injury.
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720
794.011(5)(c) 2nd Sexual battery; victim 12 years
of age or older; offender
younger than 18 years; offender
does not use physical force
likely to cause injury.
721
794.011(5)(d) 1st Sexual battery; victim 12 years
of age or older; offender does
not use physical force likely
to cause serious injury; prior
conviction for specified sex
offense.
722
794.08(3) 2nd Female genital mutilation,
removal of a victim younger
than 18 years of age from this
state.
723
800.04(4)(b) 2nd Lewd or lascivious battery.
724
800.04(4)(c) 1st Lewd or lascivious battery;
offender 18 years of age or
older; prior conviction for
specified sex offense.
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725
806.01(1) 1st Maliciously damage dwelling or
structure by fire or explosive,
believing person in structure.
726
810.02(2)(a) 1st,PBL Burglary with assault or
battery.
727
810.02(2)(b) 1st,PBL Burglary; armed with explosives
or dangerous weapon.
728
810.02(2)(c) 1st Burglary of a dwelling or
structure causing structural
damage or $1,000 or more
property damage.
729
812.014(2)(a)2. 1st Property stolen; cargo valued
at $50,000 or more, grand theft
in 1st degree.
730
812.015(11)(b) 1st Retail theft; possession of a
firearm during commission of
offense.
731
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812.13(2)(b) 1st Robbery with a weapon.
732
812.135(2)(c) 1st Home-invasion robbery, no
firearm, deadly weapon, or
other weapon.
733
817.418(2)(b) 2nd Offering for sale or
advertising personal protective
equipment with intent to
defraud; second or subsequent
offense.
734
817.504(1)(b) 2nd Offering or advertising a
vaccine with intent to defraud;
second or subsequent offense.
735
817.505(4)(c) 1st Patient brokering; 20 or more
patients.
736
817.535(2)(b) 2nd Filing false lien or other
unauthorized document; second
or subsequent offense.
737
817.535(3)(a) 2nd Filing false lien or other
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unauthorized document; property
owner is a public officer or
employee.
738
817.535(4)(a)1. 2nd Filing false lien or other
unauthorized document;
defendant is incarcerated or
under supervision.
739
817.535(5)(a) 2nd Filing false lien or other
unauthorized document; owner of
the property incurs financial
loss as a result of the false
instrument.
740
817.568(6) 2nd Fraudulent use of personal
identification information of
an individual under the age of
18.
741
817.611(2)(c) 1st Traffic in or possess 50 or
more counterfeit credit cards
or related documents.
742
825.102(2) 1st Aggravated abuse of an elderly
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person or disabled adult.
743
825.1025(2) 2nd Lewd or lascivious battery upon
an elderly person or disabled
adult.
744
825.103(3)(a) 1st Exploiting an elderly person or
disabled adult and property is
valued at $50,000 or more.
745
837.02(2) 2nd Perjury in official proceedings
relating to prosecution of a
capital felony.
746
837.021(2) 2nd Making contradictory statements
in official proceedings
relating to prosecution of a
capital felony.
747
860.121(2)(c) 1st Shooting at or throwing any
object in path of railroad
vehicle resulting in great
bodily harm.
748
860.16 1st Aircraft piracy.
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749
893.13(1)(b) 1st Sell or deliver in excess of 10
grams of any substance
specified in s. 893.03(1)(a) or
(b).
750
893.13(2)(b) 1st Purchase in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
751
893.13(6)(c) 1st Possess in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
752
893.135(1)(a)2. 1st Trafficking in cannabis, more
than 2,000 lbs., less than
10,000 lbs.
753
893.135
(1)(b)1.b.
1st Trafficking in cocaine, more
than 200 grams, less than 400
grams.
754
893.135
(1)(c)1.b.
1st Trafficking in illegal drugs,
more than 14 grams, less than
28 grams.
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755
893.135
(1)(c)2.c.
1st Trafficking in hydrocodone, 100
grams or more, less than 300
grams.
756
893.135
(1)(c)3.c.
1st Trafficking in oxycodone, 25
grams or more, less than 100
grams.
757
893.135
(1)(c)4.b.(II)
1st Trafficking in fentanyl, 14
grams or more, less than 28
grams.
758
893.135
(1)(d)1.b.
1st Trafficking in phencyclidine,
200 grams or more, less than
400 grams.
759
893.135
(1)(e)1.b.
1st Trafficking in methaqualone, 5
kilograms or more, less than 25
kilograms.
760
893.135
(1)(f)1.b.
1st Trafficking in amphetamine, 28
grams or more, less than 200
grams.
761
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893.135
(1)(g)1.b.
1st Trafficking in flunitrazepam,
14 grams or more, less than 28
grams.
762
893.135
(1)(h)1.b.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 5
kilograms or more, less than 10
kilograms.
763
893.135
(1)(j)1.b.
1st Trafficking in 1,4-Butanediol,
5 kilograms or more, less than
10 kilograms.
764
893.135
(1)(k)2.b.
1st Trafficking in Phenethylamines,
200 grams or more, less than
400 grams.
765
893.135
(1)(m)2.c.
1st Trafficking in synthetic
cannabinoids, 1,000 grams or
more, less than 30 kilograms.
766
893.135
(1)(n)2.b.
1st Trafficking in n-benzyl
phenethylamines, 100 grams or
more, less than 200 grams.
767
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893.1351(3) 1st Possession of a place used to
manufacture controlled
substance when minor is present
or resides there.
768
895.03(1) 1st Use or invest proceeds derived
from pattern of racketeering
activity.
769
895.03(2) 1st Acquire or maintain through
racketeering activity any
interest in or control of any
enterprise or real property.
770
895.03(3) 1st Conduct or participate in any
enterprise through pattern of
racketeering activity.
771
896.101(5)(b) 2nd Money laundering, financial
transactions totaling or
exceeding $20,000, but less
than $100,000.
772
896.104(4)(a)2. 2nd Structuring transactions to
evade reporting or registration
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requirements, financial
transactions totaling or
exceeding $20,000 but less than
$100,000.
773
Section 4. Paragraph (f) of subsection (1) of section 774
784.07, Florida Statutes, is amended to read: 775
784.07 Assault or battery of law enforcement officers and 776
other specified personnel; reclassification of offenses; minimum 777
sentences.— 778
(1) As used in this section, the term: 779
(f) "Public transit employees or agent s" means bus 780
operators, train operators, revenue collectors, security 781
personnel, equipment maintenance personnel, or field 782
supervisors, who are employees or agents of a transit agency as 783
described in s. 812.015(1) s. 812.015(1)(l). 784
Section 5. This act shall take effect October 1, 2024. 785