Florida 2024 Regular Session

Florida House Bill H0549 Latest Draft

Bill / Enrolled Version Filed 03/13/2024

                                    
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      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 previous 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 120-day periods, in which individual acts 17 
of retail theft may be aggregated to establish 18 
specified thresholds; prohibiting a person fro m 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 effectiv e 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 regi stered 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 regist ered 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 oth er 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 im posed 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 ari sing 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 ari sing 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 property 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 released 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 d efined 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 provided 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), subs ections (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 establ ishment 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 which 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 of 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 products, 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 labor 181 
contractor pursuant to s. 450.28 shall be designated to act as 182 
an agent for purposes of this secti on. 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 subdivisions 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 pr oduct 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 t ransportation 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 th e amount of each individual theft is 226 
aggregated within a 120-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 120-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 120-237 
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 individuals 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 concert with one 1 or more other 251 
persons, commits three 5 or more retail thefts within a 120-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 120-day 30-day period 255 
to determine the total number of items stole n, 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, merchant'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, punish able 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 activities of one or more persons in 271 
committing the offense of retail theft, in which the amount of 272 
each individual theft within a 120-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 stolen property taken or placed 280 
within a 120-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 120-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 120-day 30-day period 287 
to determine the total number of items stolen, regardless o f the 288 
value of such merchandise, 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 employee, 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 120-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 viola ting 312 
this section to pay restitution, 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) and (d) through (h) of 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. 
 331          
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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 commercial 
horticulture property. 
 337          
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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. 
 342 
817.481(3)(a) 3rd Obtain credit or purchase with 
false, expired, counterfeit,          
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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 
related. 
 349 
831.01 	3rd Forgery.          
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 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. 
 356 
843.01(2) 3rd Resist police canine or police 
horse with violence; under 
certain circumstances.          
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 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 
 362 
 (d)  LEVEL 4 363 
 364 
 365 
Florida 
Statute 
Felony 
Degree 
Description 
 366 
316.1935(3)(a) 2nd Driving at high speed or with 
wanton disregard for safety 
while fleeing or attempting to          
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elude law enforcement officer 
who is in a patrol vehicle with 
siren and lights activated. 
 367 
499.0051(1) 3rd Failure to maintain or deliver 
transaction history, transaction 
information, or transaction 
statements. 
 368 
499.0051(5) 2nd Knowing sale or delivery, or 
possession with intent to sell, 
contraband prescription drugs. 
 369 
517.07(1) 3rd Failure to register securities. 
 370 
517.12(1) 3rd Failure of dealer or associated 
person of a dealer of securities 
to register. 
 371 
784.031 	3rd Battery by strangulation. 
 372 
784.07(2)(b) 3rd Battery of law enforcement 
officer, firefighter, etc. 
 373 
784.074(1)(c) 3rd Battery of sexually violent          
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predators facility staff. 
 374 
784.075 	3rd Battery on detention or 
commitment facility staff. 
 375 
784.078 	3rd Battery of facility employee by 
throwing, tossing, or expelling 
certain fluids or materials. 
 376 
784.08(2)(c) 3rd Battery on a person 65 years of 
age or older. 
 377 
784.081(3) 3rd Battery on specified official or 
employee. 
 378 
784.082(3) 3rd Battery by detained person on 
visitor or other detainee. 
 379 
784.083(3) 3rd Battery on code inspector. 
 380 
784.085 	3rd Battery of child by throwing, 
tossing, projecting, or 
expelling certain fluids or 
materials. 
 381          
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787.03(1) 3rd Interference with custody; 
wrongly takes minor from 
appointed guardian. 
 382 
787.04(2) 3rd Take, entice, or remove child 
beyond state limits with 
criminal intent pending custody 
proceedings. 
 383 
787.04(3) 3rd Carrying child beyond state 
lines with criminal intent to 
avoid producing child at custody 
hearing or delivering to 
designated person. 
 384 
787.07 	3rd Human smuggling. 
 385 
790.115(1) 3rd Exhibiting firearm or weapon 
within 1,000 feet of a school. 
 386 
790.115(2)(b) 3rd Possessing electric weapon or 
device, destructive device, or 
other weapon on school property. 
 387 
790.115(2)(c) 3rd Possessing firearm on school          
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property. 
 388 
794.051(1) 3rd Indecent, lewd, or lascivious 
touching of certain minors. 
 389 
800.04(7)(c) 3rd Lewd or lascivious exhibition; 
offender less than 18 years. 
 390 
806.135 	2nd Destroying or demolishing a 
memorial or historic property. 
 391 
810.02(4)(a) 3rd Burglary, or attempted burglary, 
of an unoccupied structure; 
unarmed; no assault or battery. 
 392 
810.02(4)(b) 3rd Burglary, or attempted burglary, 
of an unoccupied conveyance; 
unarmed; no assault or battery. 
 393 
810.06 	3rd Burglary; possession of tools. 
 394 
810.08(2)(c) 3rd Trespass on property, armed with 
firearm or dangerous weapon. 
 395 
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000          
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or more but less than $20,000. 
 396 
812.014 
  (2)(c)4. & 
  6.-10. 
3rd Grand theft, 3rd degree; 
specified items. 
 397 
812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or 
more taken from dwelling or its 
unenclosed curtilage. 
 398 
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. 
 399 
812.0195(2) 3rd Dealing in stolen property by 
use of the Internet; property 
stolen $300 or more. 
 400 
817.505(4)(a) 3rd Patient brokering. 
 401 
817.563(1) 3rd Sell or deliver substance other 
than controlled substance agreed 
upon, excluding s. 893.03(5)          
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drugs. 
 402 
817.568(2)(a) 3rd Fraudulent use of personal 
identification information. 
 403 
817.5695(3)(c) 3rd Exploitation of person 65 years 
of age or older, value less than 
$10,000. 
 404 
817.625(2)(a) 3rd Fraudulent use of scanning 
device, skimming device, or 
reencoder. 
 405 
817.625(2)(c) 3rd Possess, sell, or deliver 
skimming device. 
 406 
828.125(1) 2nd Kill, maim, or cause great 
bodily harm or permanent 
breeding disability to any 
registered horse or cattle. 
 407 
836.14(2) 3rd Person who commits theft of a 
sexually explicit image with 
intent to promote it. 
 408          
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836.14(3) 3rd Person who willfully possesses a 
sexually explicit image with 
certain knowledge, intent, and 
purpose. 
 409 
837.02(1) 3rd Perjury in official proceedings. 
 410 
837.021(1) 3rd Make contradictory statements in 
official proceedings. 
 411 
838.022 	3rd Official misconduct. 
 412 
839.13(2)(a) 3rd Falsifying records of an 
individual in the care and 
custody of a state agency. 
 413 
839.13(2)(c) 3rd Falsifying records of the 
Department of Children and 
Families. 
 414 
843.021 	3rd Possession of a concealed 
handcuff key by a person in 
custody. 
 415 
843.025 	3rd Deprive law enforcement,          
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correctional, or correctional 
probation officer of means of 
protection or communication. 
 416 
843.15(1)(a) 3rd Failure to appear while on bail 
for felony (bond estreature or 
bond jumping). 
 417 
843.19(2) 2nd Injure, disable, or kill poli ce, 
fire, or SAR canine or police 
horse. 
 418 
847.0135(5)(c) 3rd Lewd or lascivious exhibition 
using computer; offender less 
than 18 years. 
 419 
870.01(3) 2nd Aggravated rioting. 
 420 
870.01(5) 2nd Aggravated inciting a riot. 
 421 
874.05(1)(a) 3rd Encouraging or recruiting 
another to join a criminal gang. 
 422 
893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 
893.03(1)(a), (b), or (d),          
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(2)(a), (2)(b), or (2)(c)5. 
drugs). 
 423 
914.14(2) 3rd Witnesses accepting bribes. 
 424 
914.22(1) 3rd Force, threaten, etc., witness, 
victim, or informant. 
 425 
914.23(2) 3rd Retaliation against a witness, 
victim, or informant, no bodily 
injury. 
 426 
916.1085 
  (2)(c)1. 
3rd Introduction of specified 
contraband into certain DCF 
facilities. 
 427 
918.12 	3rd Tampering with jurors. 
 428 
934.215 	3rd Use of two-way communications 
device to facilitate commission 
of a crime. 
 429 
944.47(1)(a)6. 3rd Introduction of contraband 
(cellular telephone or other 
portable communication device)          
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into correctional institution. 
 430 
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. 
 431 
 432 
 (e)  LEVEL 5 433 
 434 
Florida 
Statute 
Felony 
Degree 
Description 
 435 
316.027(2)(a) 3rd Accidents involving personal 
injuries other than serious 
bodily injury, failure to stop; 
leaving scene. 
 436 
316.1935(4)(a) 2nd Aggravated fleeing or eluding. 
 437 
316.80(2) 2nd Unlawful conveyance of fuel; 
obtaining fuel fraudulently. 
 438          
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322.34(6) 3rd Careless operation of motor 
vehicle with suspended license, 
resulting in death or serious 
bodily injury. 
 439 
327.30(5) 3rd Vessel accidents involving 
personal injury; leaving scene. 
 440 
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 
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 sus pended          
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or revoked. 
 441 
379.367(4) 3rd Willful molestation of a 
commercial harvester's spiny 
lobster trap, line, or buoy. 
 442 
379.407(5)(b)3. 3rd Possession of 100 or more 
undersized spiny lobsters. 
 443 
381.0041(11)(b) 3rd Donate blood, plasma, or organs 
knowing HIV positive. 
 444 
440.10(1)(g) 2nd Failure to obtain workers' 
compensation coverage. 
 445 
440.105(5) 2nd Unlawful solicitation for the 
purpose of making workers' 
compensation claims. 
 446 
440.381(2) 3rd Submission of false, misleading, 
or incomplete information wi th 
the purpose of avoiding or 
reducing workers' compensation 
premiums. 
 447          
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624.401(4)(b)2. 2nd Transacting insurance without a 
certificate or authority; 
premium collected $20,000 or 
more but less than $100,000. 
 448 
626.902(1)(c) 2nd Representing an unauthorized 
insurer; repeat offender. 
 449 
790.01(3) 3rd Unlawful carrying of a concealed 
firearm. 
 450 
790.162 	2nd Threat to throw or discharge 
destructive device. 
 451 
790.163(1) 2nd False report of bomb, explosive, 
weapon of mass destruction, or 
use of firearms in violent 
manner. 
 452 
790.221(1) 2nd Possession of short-barreled 
shotgun or machine gun. 
 453 
790.23 	2nd Felons in possession of 
firearms, ammunition, or 
electronic weapons or devices.          
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 454 
796.05(1) 2nd Live on earnings of a 
prostitute; 1st offense. 
 455 
800.04(6)(c) 3rd Lewd or lascivious conduct; 
offender less than 18 years of 
age. 
 456 
800.04(7)(b) 2nd Lewd or lascivious exhibition; 
offender 18 years of age or 
older. 
 457 
806.111(1) 3rd Possess, manufacture, or 
dispense fire bomb with intent 
to damage any structure or 
property. 
 458 
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft 
from 20 or more dwellings or 
their unenclosed curtilage, or 
any combination. 
 459 
812.0145(2)(b) 2nd Theft from person 65 years of 
age or older; $10,000 or more 
but less than $50,000.          
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 460 
812.015 
  (8)(a) & (c)-
(e) 
3rd Retail theft; property stolen is 
valued at $750 or more and one 
or more specified acts. 
 461 
812.015(8)(f) 3rd Retail theft; multiple thefts 
within specified period. 
 
 462 
812.015(8)(g) 3rd Retail theft; committed with 
specified number of other 
persons. 
 463 
812.019(1) 2nd Stolen property; dealing in or 
trafficking in. 
 464 
812.081(3) 2nd Trafficking in trade secrets. 
 465 
812.131(2)(b) 3rd Robbery by sudden snatching. 
 466 
812.16(2) 3rd Owning, operating, or conducting 
a chop shop. 
 467 
817.034(4)(a)2. 2nd Communications fraud, value 
$20,000 to $50,000.          
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 468 
817.234(11)(b) 2nd Insurance fraud; property value 
$20,000 or more but less than 
$100,000. 
 469 
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. 
 470 
817.568(2)(b) 2nd Fraudulent use of personal 
identification information; 
value of benefit, services 
received, payment avoided, or 
amount of injury or fraud, 
$5,000 or more or use of 
personal identification 
information of 10 or more 
persons. 
 471 
817.611(2)(a) 2nd Traffic in or possess 5 to 14 
counterfeit credit cards or 
related documents.          
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 472 
817.625(2)(b) 2nd Second or subsequent fraudulent 
use of scanning device, skimming 
device, or reencoder. 
 473 
825.1025(4) 3rd Lewd or lascivious exhibition in 
the presence of an elderly 
person or disabled adult. 
 474 
827.071(4) 2nd Possess with intent to promote 
any photographic material, 
motion picture, etc., which 
includes child pornography. 
 475 
827.071(5) 3rd Possess, control, or 
intentionally view any 
photographic material, motion 
picture, etc., which includes 
child pornography. 
 476 
828.12(2) 3rd Tortures any animal with intent 
to inflict intense pain, serious 
physical injury, or death. 
 477 
836.14(4) 2nd Person who willfully promotes          
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for financial gain a sexually 
explicit image of an 
identifiable person without 
consent. 
 478 
839.13(2)(b) 2nd Falsifying records of an 
individual in the care and 
custody of a state agenc y 
involving great bodily harm or 
death. 
 479 
843.01(1) 3rd Resist officer with violence to 
person; resist arrest with 
violence. 
 480 
847.0135(5)(b) 2nd Lewd or lascivious exhibition 
using computer; offender 18 
years or older. 
 481 
847.0137 
  (2) & (3) 
3rd Transmission of pornography by 
electronic device or equipment. 
 482 
847.0138 
  (2) & (3) 
3rd Transmission of material harmful 
to minors to a minor by 
electronic device or equipment.          
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 483 
874.05(1)(b) 2nd Encouraging or recruiting 
another to join a criminal gang; 
second or subsequent offense. 
 484 
874.05(2)(a) 2nd Encouraging or recruiting person 
under 13 years of age to join a 
criminal gang. 
 485 
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). 
 486 
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          
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facility or community center. 
 487 
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. 
 488 
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., 
(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. 
 489 
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          
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public housing facility. 
 490 
893.13(4)(b) 2nd Use or hire of minor; deliver to 
minor other controlled 
substance. 
 491 
893.1351(1) 3rd Ownership, lease, or rental for 
trafficking in or manufacturing 
of controlled substance. 
 492 
 493 
 (f)  LEVEL 6 494 
 495 
Florida 
Statute 
Felony 
Degree 
Description 
 496 
316.027(2)(b) 2nd Leaving the scene of a crash 
involving serious bodily injury. 
 497 
316.193(2)(b) 3rd Felony DUI, 4th or subsequent 
conviction. 
 498 
400.9935(4)(c) 2nd Operating a clinic, or offering 
services requiring licensure, 
without a license.          
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 499 
499.0051(2) 2nd Knowing forgery of transaction 
history, transaction 
information, or transaction 
statement. 
 500 
499.0051(3) 2nd Knowing purchase or receipt of 
prescription drug from 
unauthorized person. 
 501 
499.0051(4) 2nd Knowing sale or transfer of 
prescription drug to 
unauthorized person. 
 502 
775.0875(1) 3rd Taking firearm from law 
enforcement officer. 
 503 
784.021(1)(a) 3rd Aggravated assault; deadly 
weapon without intent to kill. 
 504 
784.021(1)(b) 3rd Aggravated assault; intent to 
commit felony. 
 505 
784.041 	3rd Felony battery; domestic battery 
by strangulation.          
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 506 
784.048(3) 3rd Aggravated stalking; credible 
threat. 
 507 
784.048(5) 3rd Aggravated stalking of person 
under 16. 
 508 
784.07(2)(c) 2nd Aggravated assault on law 
enforcement officer. 
 509 
784.074(1)(b) 2nd Aggravated assault on sexually 
violent predators facility 
staff. 
 510 
784.08(2)(b) 2nd Aggravated assault on a person 
65 years of age or older. 
 511 
784.081(2) 2nd Aggravated assault on specified 
official or employee. 
 512 
784.082(2) 2nd Aggravated assault by detained 
person on visitor or other 
detainee. 
 513 
784.083(2) 2nd Aggravated assault on code          
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inspector. 
 514 
787.02(2) 3rd False imprisonment; restraining 
with purpose other than those in 
s. 787.01. 
 515 
790.115(2)(d) 2nd Discharging firearm or weapon on 
school property. 
 516 
790.161(2) 2nd Make, possess, or throw 
destructive device with intent 
to do bodily harm or damage 
property. 
 517 
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. 
 518 
790.19 	2nd Shooting or throwing deadly 
missiles into dwellings, 
vessels, or vehicles. 
 519          
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794.011(8)(a) 3rd Solicitation of minor to 
participate in sexual activity 
by custodial adult. 
 520 
794.05(1) 2nd Unlawful sexual activity with 
specified minor. 
 521 
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. 
 522 
800.04(6)(b) 2nd Lewd or lascivious conduct; 
offender 18 years of age or 
older. 
 523 
806.031(2) 2nd Arson resulting in great bodily 
harm to firefighter or any other 
person. 
 524 
810.02(3)(c) 2nd Burglary of occupied structure; 
unarmed; no assault or battery. 
 525 
810.145(8)(b) 2nd Video voyeurism; certain minor 
victims; 2nd or subsequent          
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offense. 
 526 
812.014(2)(b)1. 2nd Property stolen $20,000 or more, 
but less than $100,000, grand 
theft in 2nd degree. 
 527 
812.014(2)(c)5. 3rd Grand theft; third degree; 
firearm. 
 528 
812.014(6) 2nd Theft; property stolen $3,000 or 
more; coordination of others. 
 529 
812.015(9)(a) 2nd Retail theft; property stolen 
$750 or more; second or 
subsequent conviction. 
 530 
812.015(9)(b) 2nd Retail theft; aggregated 
property stolen within 120 30 
days is $3,000 or more; 
coordination of others. 
 531 
812.015(9)(d) 2nd Retail theft; multiple thefts 
within specified per iod. 
 
 532          
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812.015(9)(e) 2nd Retail theft; committed with 
specified number of other 
persons and use of social media 
platform. 
 533 
812.13(2)(c) 2nd Robbery, no firearm or other 
weapon (strong-arm robbery). 
 534 
817.4821(5) 2nd Possess cloning paraphernalia 
with intent to create cloned 
cellular telephones. 
 535 
817.49(2)(b)2. 2nd Willful making of a false report 
of a crime resulting in death. 
 536 
817.505(4)(b) 2nd Patient brokering; 10 or more 
patients. 
 537 
817.5695(3)(b) 2nd Exploitation of person 65 years 
of age or older, value $10,000 
or more, but less than $50,000. 
 538 
825.102(1) 3rd Abuse of an elderly person or 
disabled adult. 
 539          
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825.102(3)(c) 3rd Neglect of an elderly person or 
disabled adult. 
 540 
825.1025(3) 3rd Lewd or lascivious molestation 
of an elderly person or disabled 
adult. 
 541 
825.103(3)(c) 3rd Exploiting an elderly person or 
disabled adult and property is 
valued at less than $10,000. 
 542 
827.03(2)(c) 3rd Abuse of a child. 
 543 
827.03(2)(d) 3rd Neglect of a child. 
 544 
827.071(2) & (3) 2nd Use or induce a child in a 
sexual performance, or promote 
or direct such performance. 
 545 
828.126(3) 3rd Sexual activities involving 
animals. 
 546 
836.05 	2nd Threats; extortion. 
 547 
836.10 	2nd Written or electronic threats to          
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kill, do bodily injury, or 
conduct a mass shooting or an 
act of terrorism. 
 548 
843.12 	3rd Aids or assists person to 
escape. 
 549 
847.011 	3rd Distributing, offering to 
distribute, or possessing with 
intent to distribute obscene 
materials depicting minors. 
 550 
847.012 	3rd Knowingly using a minor in the 
production of materials h armful 
to minors. 
 551 
847.0135(2) 3rd Facilitates sexual conduct of or 
with a minor or the visual 
depiction of such conduct. 
 552 
893.131 	2nd Distribution of controlled 
substances resulting in overdose 
or serious bodily injury. 
 553 
914.23 	2nd Retaliation against a witness,          
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victim, or informant, with 
bodily injury. 
 554 
918.13(2)(b) 2nd Tampering with or fabricating 
physical evidence relating to a 
capital felony. 
 555 
944.35(3)(a)2. 3rd Committing malicious battery 
upon or inflicting cruel or 
inhuman treatment on an inmate 
or offender on community 
supervision, resulting in great 
bodily harm. 
 556 
944.40 	2nd Escapes. 
 557 
944.46 	3rd Harboring, concealing, aiding 
escaped prisoners. 
 558 
944.47(1)(a)5. 2nd Introduction of contraband 
(firearm, weapon, or explosive) 
into correctional facility. 
 559 
951.22(1)(i) 3rd Firearm or weapon introduced 
into county detention facility.          
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 560 
 (g)  LEVEL 7 561 
 562 
Florida 
Statute 
Felony 
Degree 
Description 
 563 
316.027(2)(c) 1st Accident involving death, 
failure to stop; leaving scene. 
 564 
316.193(3)(c)2. 3rd DUI resulting in serious bodily 
injury. 
 565 
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 offi cer 
who is in a patrol vehicle with 
siren and lights activated. 
 566 
327.35(3)(c)2. 3rd Vessel BUI resulting in serious 
bodily injury. 
 567 
402.319(2) 2nd Misrepresentation and          
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negligence or intentional act 
resulting in great bodily harm, 
permanent disfiguration, 
permanent disability, or death. 
 568 
409.920 
  (2)(b)1.a. 
3rd Medicaid provider fraud; 
$10,000 or less. 
 569 
409.920 
  (2)(b)1.b. 
2nd Medicaid provider fraud; more 
than $10,000, but less than 
$50,000. 
 570 
456.065(2) 3rd Practicing a health care 
profession without a license. 
 571 
456.065(2) 2nd Practicing a health care 
profession without a license 
which results in serious bodily 
injury. 
 572 
458.327(1) 3rd Practicing medicine without a 
license. 
 573 
459.013(1) 3rd Practicing osteopathic medicine 
without a license.          
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 574 
460.411(1) 3rd Practicing chiropractic 
medicine without a license. 
 575 
461.012(1) 3rd Practicing podiatric medicine 
without a license. 
 576 
462.17 	3rd Practicing naturopathy without 
a license. 
 577 
463.015(1) 3rd Practicing optometry without a 
license. 
 578 
464.016(1) 3rd Practicing nursing without a 
license. 
 579 
465.015(2) 3rd Practicing pharmacy without a 
license. 
 580 
466.026(1) 3rd Practicing dentistry or dental 
hygiene without a license. 
 581 
467.201 	3rd Practicing midwifery without a 
license. 
 582          
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468.366 	3rd Delivering respiratory care 
services without a license. 
 583 
483.828(1) 3rd Practicing as clinical 
laboratory personnel without a 
license. 
 584 
483.901(7) 3rd Practicing medical physics 
without a license. 
 585 
484.013(1)(c) 3rd Preparing or dispensing optical 
devices without a prescription. 
 586 
484.053 	3rd Dispensing hearing aids without 
a license. 
 587 
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. 
 588 
560.123(8)(b)1. 3rd Failure to report currency or 
payment instruments exceeding          
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$300 but less than $20,000 by a 
money services business. 
 589 
560.125(5)(a) 3rd Money services business by 
unauthorized person, currency 
or payment instruments 
exceeding $300 but less than 
$20,000. 
 590 
655.50(10)(b)1. 3rd Failure to report financial 
transactions exceeding $300 but 
less than $20,000 by financial 
institution. 
 591 
775.21(10)(a) 3rd Sexual predator; failure to 
register; failure to renew 
driver license or 
identification card; other 
registration violations. 
 592 
775.21(10)(b) 3rd Sexual predator working where 
children regularly congregate. 
 593 
775.21(10)(g) 3rd Failure to report or providing 
false information about a          
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sexual predator; harbor or 
conceal a sexual predator. 
 594 
782.051(3) 2nd Attempted felony murder of a 
person by a person other than 
the perpetrator or the 
perpetrator of an attempted 
felony. 
 595 
782.07(1) 2nd Killing of a human being by the 
act, procurement, or culpable 
negligence of another 
(manslaughter). 
 596 
782.071 	2nd Killing of a human being or 
unborn child by the operation 
of a motor vehicle in a 
reckless manner (vehicular 
homicide). 
 597 
782.072 	2nd Killing of a human being by the 
operation of a vessel in a 
reckless manner (vessel 
homicide). 
 598          
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784.045(1)(a)1. 2nd Aggravated battery; 
intentionally causing great 
bodily harm or disfigurement. 
 599 
784.045(1)(a)2. 2nd Aggravated battery; using 
deadly weapon. 
 600 
784.045(1)(b) 2nd Aggravated battery; perpetrator 
aware victim pregnant. 
 601 
784.048(4) 3rd Aggravated stalking; violation 
of injunction or court order. 
 602 
784.048(7) 3rd Aggravated stalking; violation 
of court order. 
 603 
784.07(2)(d) 1st Aggravated battery on law 
enforcement officer. 
 604 
784.074(1)(a) 1st Aggravated battery on sexually 
violent predators facility 
staff. 
 605 
784.08(2)(a) 1st Aggravated battery on a person 
65 years of age or older.          
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 606 
784.081(1) 1st Aggravated battery on specified 
official or employee. 
 607 
784.082(1) 1st Aggravated battery by detained 
person on visitor or other 
detainee. 
 608 
784.083(1) 1st Aggravated battery on code 
inspector. 
 609 
787.06(3)(a)2. 1st Human trafficking using 
coercion for labor and services 
of an adult. 
 610 
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. 
 611 
790.07(4) 1st Specified weapons violation 
subsequent to previous 
conviction of s. 790.07(1) or 
(2).          
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 612 
790.16(1) 1st Discharge of a machine gun 
under specified circumstances. 
 613 
790.165(2) 2nd Manufacture, sell, possess, or 
deliver hoax bomb. 
 614 
790.165(3) 2nd Possessing, displaying, or 
threatening to use any hoax 
bomb while committing or 
attempting to commit a felony. 
 615 
790.166(3) 2nd Possessing, selling, using, or 
attempting to use a hoax weapon 
of mass destruction. 
 616 
790.166(4) 2nd Possessing, displaying, or 
threatening to use a hoax 
weapon of mass destruction 
while committing or attempting 
to commit a felony. 
 617 
790.23 1st,PBL Possession of a firearm by a 
person who qualifies for the 
penalty enhancements provided          
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for in s. 874.04. 
 618 
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. 
 619 
796.05(1) 1st Live on earnings of a 
prostitute; 2nd offense. 
 620 
796.05(1) 1st Live on earnings of a 
prostitute; 3rd and subsequent 
offense. 
 621 
800.04(5)(c)1. 2nd Lewd or lascivious molestation; 
victim younger than 12 years of 
age; offender younger than 18 
years of age. 
 622 
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.          
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 623 
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. 
 624 
806.01(2) 2nd Maliciously damage structure by 
fire or explosive. 
 625 
810.02(3)(a) 2nd Burglary of occupied dwelling; 
unarmed; no assault or battery. 
 626 
810.02(3)(b) 2nd Burglary of unoccupied 
dwelling; unarmed; no assault 
or battery. 
 627 
810.02(3)(d) 2nd Burglary of occupied 
conveyance; unarmed; no assault 
or battery. 
 628 
810.02(3)(e) 2nd Burglary of authorized 
emergency vehicle. 
 629          
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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. 
 630 
812.014(2)(b)2. 2nd Property stolen, cargo valued 
at less than $50,000, grand 
theft in 2nd degree. 
 631 
812.014(2)(b)3. 2nd Property stolen, emergency 
medical equipment; 2nd degree 
grand theft. 
 632 
812.014(2)(b)4. 2nd Property stolen, law 
enforcement equipment from 
authorized emergency vehicle. 
 633 
812.014(2)(g) 
812.014(2)(f) 
2nd Grand theft; second degree; 
firearm with previous 
conviction of s. 
812.014(2)(c)5. 
 634          
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812.0145(2)(a) 1st Theft from person 65 years of 
age or older; $50,000 or more. 
 635 
812.019(2) 1st Stolen property; initiates, 
organizes, plans, etc., the 
theft of property and traffics 
in stolen property. 
 636 
812.131(2)(a) 2nd Robbery by sudden snatching. 
 637 
812.133(2)(b) 1st Carjacking; no firearm, deadly 
weapon, or other weapon. 
 638 
817.034(4)(a)1. 1st Communications fraud, value 
greater than $50,000. 
 639 
817.234(8)(a) 2nd Solicitation of motor vehicle 
accident victims with intent to 
defraud. 
 640 
817.234(9) 2nd Organizing, planning, or 
participating in an intentional 
motor vehicle collision. 
 641 
817.234(11)(c) 1st Insurance fraud; property value          
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$100,000 or more. 
 642 
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. 
 643 
817.418(2)(a) 3rd Offering for sale or 
advertising personal protective 
equipment with intent to 
defraud. 
 644 
817.504(1)(a) 3rd Offering or advertising a 
vaccine with intent to defraud. 
 645 
817.535(2)(a) 3rd Filing false lien or other 
unauthorized document. 
 646 
817.611(2)(b) 2nd Traffic in or possess 15 to 49 
counterfeit credit cards or 
related documents. 
 647          
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825.102(3)(b) 2nd Neglecting an elderly person or 
disabled adult causing great 
bodily harm, disability, or 
disfigurement. 
 648 
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. 
 649 
827.03(2)(b) 2nd Neglect of a child causing 
great bodily harm, disability, 
or disfigurement. 
 650 
827.04(3) 3rd Impregnation of a child under 
16 years of age by person 21 
years of age or older. 
 651 
837.05(2) 3rd Giving false information about 
alleged capital felony to a law 
enforcement officer. 
 652 
838.015 	2nd Bribery. 
 653 
838.016 	2nd Unlawful compensation or reward          
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for official behavior. 
 654 
838.021(3)(a) 2nd Unlawful harm to a public 
servant. 
 655 
838.22 	2nd Bid tampering. 
 656 
843.0855(2) 3rd Impersonation of a public 
officer or employee. 
 657 
843.0855(3) 3rd Unlawful simulation of legal 
process. 
 658 
843.0855(4) 3rd Intimidation of a public 
officer or employee. 
 659 
847.0135(3) 3rd Solicitation of a child, via a 
computer service, to commit an 
unlawful sex act. 
 660 
847.0135(4) 2nd Traveling to meet a minor to 
commit an unlawful sex act. 
 661 
872.06 	2nd Abuse of a dead human body. 
 662          
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874.05(2)(b) 1st Encouraging or recruiting 
person under 13 to join a 
criminal gang; second or 
subsequent offense. 
 663 
874.10 1st,PBL Knowingly initiates, organizes, 
plans, finances, directs, 
manages, or supervises criminal 
gang-related activity. 
 664 
893.13(1)(c)1. 1st Sell, manufacture, or deliver 
cocaine (or other drug 
prohibited under s. 
893.03(1)(a), (1)(b), ( 1)(d), 
(2)(a), (2)(b), or (2)(c)5.) 
within 1,000 feet of a child 
care facility, school, or 
state, county, or municipal 
park or publicly owned 
recreational facility or 
community center. 
 665 
893.13(1)(e)1. 1st Sell, manufacture, or deliver 
cocaine or other drug 
prohibited under s.          
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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. 
 666 
893.13(4)(a) 1st Use or hire of minor; deliver 
to minor other controlled 
substance. 
 667 
893.135(1)(a)1. 1st Trafficking in cannabis, more 
than 25 lbs., less than 2,000 
lbs. 
 668 
893.135 
  (1)(b)1.a. 
1st Trafficking in cocaine, more 
than 28 grams, less than 200 
grams. 
 669 
893.135 
  (1)(c)1.a. 
1st Trafficking in illegal drugs, 
more than 4 grams, less than 14 
grams. 
 670 
893.135 
  (1)(c)2.a. 
1st Trafficking in hydrocodone, 28 
grams or more, less than 50 
grams.          
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 671 
893.135 
  (1)(c)2.b. 
1st Trafficking in hydrocodone, 50 
grams or more, less than 100 
grams. 
 672 
893.135 
  (1)(c)3.a. 
1st Trafficking in oxycodone, 7 
grams or more, less than 14 
grams. 
 673 
893.135 
  (1)(c)3.b. 
1st Trafficking in oxycodone, 14 
grams or more, less than 25 
grams. 
 674 
893.135 
  (1)(c)4.b.(I) 
1st Trafficking in fentanyl, 4 
grams or more, less than 14 
grams. 
 675 
893.135 
  (1)(d)1.a. 
1st Trafficking in phencyclidine, 
28 grams or more, less than 200 
grams. 
 676 
893.135(1)(e)1. 1st Trafficking in methaqualone, 
200 grams or more, less than 5 
kilograms. 
 677          
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893.135(1)(f)1. 1st Trafficking in amphetamine, 14 
grams or more, less than 28 
grams. 
 678 
893.135 
  (1)(g)1.a. 
1st Trafficking in flunitrazepam, 4 
grams or more, less than 14 
grams. 
 679 
893.135 
  (1)(h)1.a. 
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1 
kilogram or more, less than 5 
kilograms. 
 680 
893.135 
  (1)(j)1.a. 
1st Trafficking in 1,4-Butanediol, 
1 kilogram or more, less than 5 
kilograms. 
 681 
893.135 
  (1)(k)2.a. 
1st Trafficking in Phenethylamines, 
10 grams or more, less than 200 
grams. 
 682 
893.135 
  (1)(m)2.a. 
1st Trafficking in synthetic 
cannabinoids, 280 grams or 
more, less than 500 grams. 
 683          
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893.135 
  (1)(m)2.b. 
1st Trafficking in synthetic 
cannabinoids, 500 grams or 
more, less than 1,000 grams. 
 684 
893.135 
  (1)(n)2.a. 
1st Trafficking in n-benzyl 
phenethylamines, 14 grams or 
more, less than 100 grams. 
 685 
893.1351(2) 2nd Possession of place for 
trafficking in or manufacturing 
of controlled substance. 
 686 
896.101(5)(a) 3rd Money laundering, financial 
transactions exceeding $300 but 
less than $20,000. 
 687 
896.104(4)(a)1. 3rd Structuring transactions to 
evade reporting or registration 
requirements, financial 
transactions exceeding $300 but 
less than $20,000. 
 688 
943.0435(4)(c) 2nd Sexual offender vacating 
permanent residence; failure to 
comply with reporting          
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requirements. 
 689 
943.0435(8) 2nd Sexual offender; remains in 
state after indicating intent 
to leave; failure to comply 
with reporting requirements. 
 690 
943.0435(9)(a) 3rd Sexual offender; failure to 
comply with reporting 
requirements. 
 691 
943.0435(13) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 692 
943.0435(14) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 693 
944.607(9) 3rd Sexual offender; failure to 
comply with reporting 
requirements.          
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 694 
944.607(10)(a) 3rd Sexual offender; failure to 
submit to the taking of a 
digitized photograph. 
 695 
944.607(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 696 
944.607(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 697 
985.4815(10) 3rd Sexual offender; failure to 
submit to the taking of a 
digitized photograph. 
 698 
985.4815(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 699          
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985.4815(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 700 
 (h)  LEVEL 8 701 
 702 
Florida 
Statute 
Felony 
Degree 
Description 
 703 
316.193 
  (3)(c)3.a. 
2nd DUI manslaughter. 
 704 
316.1935(4)(b) 1st Aggravated fleeing or attempted 
eluding with serious bodily 
injury or death. 
 705 
327.35(3)(c)3. 2nd Vessel BUI manslaughter. 
 706 
499.0051(6) 1st Knowing trafficking in 
contraband prescription drugs. 
 707 
499.0051(7) 1st Knowing forgery of prescription 
labels or prescription drug          
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labels. 
 708 
560.123(8)(b)2. 2nd Failure to report currency or 
payment instruments totaling or 
exceeding $20,000, but less 
than $100,000 by money 
transmitter. 
 709 
560.125(5)(b) 2nd Money transmitter business by 
unauthorized person, currency 
or payment instruments totaling 
or exceeding $20,000, but less 
than $100,000. 
 710 
655.50(10)(b)2. 2nd Failure to report financial 
transactions totaling or 
exceeding $20,000, but less 
than $100,000 by financial 
institutions. 
 711 
777.03(2)(a) 1st Accessory after the fact, 
capital felony. 
 712 
782.04(4) 2nd Killing of human without design 
when engaged in act or attempt          
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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 . 
 713 
782.051(2) 1st Attempted felony murder while 
perpetrating or attempting to 
perpetrate a felony not 
enumerated in s. 782.04(3). 
 714 
782.071(1)(b) 1st Committing vehicular homicide 
and failing to render aid or 
give information. 
 715 
782.072(2) 1st Committing vessel homicide and 
failing to render aid or give 
information. 
 716 
787.06(3)(a)1. 1st Human trafficking for labor and 
services of a child. 
 717 
787.06(3)(b) 1st Human trafficking using          
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coercion for commercial sexual 
activity of an adult. 
 718 
787.06(3)(c)2. 1st Human trafficking using 
coercion for labor and services 
of an unauthorized alien adult. 
 719 
787.06(3)(e)1. 1st Human trafficking for labor and 
services by the transfer or 
transport of a child from 
outside Florida to within the 
state. 
 720 
787.06(3)(f)2. 1st Human trafficking using 
coercion for commercial sexual 
activity by the transfer or 
transport of any adult from 
outside Florida to within the 
state. 
 721 
790.161(3) 1st Discharging a destructive 
device which results in bodily 
harm or property damage. 
 722 
794.011(5)(a) 1st Sexual battery; victim 12 years          
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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. 
 723 
794.011(5)(b) 2nd Sexual battery; victim and 
offender 18 years of age o r 
older; offender does not use 
physical force likely to cause 
serious injury. 
 724 
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. 
 725 
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. 
 726          
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794.08(3) 2nd Female genital mutilation, 
removal of a victim younger 
than 18 years of age from this 
state. 
 727 
800.04(4)(b) 2nd Lewd or lascivious battery. 
 728 
800.04(4)(c) 1st Lewd or lascivious battery; 
offender 18 years of age or 
older; prior conviction for 
specified sex offense. 
 729 
806.01(1) 1st Maliciously damage dwelling or 
structure by fire or explosive, 
believing person in structure. 
 730 
810.02(2)(a) 1st,PBL Burglary with assault or 
battery. 
 731 
810.02(2)(b) 1st,PBL Burglary; armed with explosives 
or dangerous weapon. 
 732 
810.02(2)(c) 1st Burglary of a dwelling or 
structure causing structural 
damage or $1,000 or more          
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property damage. 
 733 
812.014(2)(a)2. 1st Property stolen; cargo valued 
at $50,000 or more, grand theft 
in 1st degree. 
 
 734 
812.015(11)(b) 1st Retail theft; possession of a 
firearm during commission of 
offense. 
 735 
812.13(2)(b) 1st Robbery with a weapon. 
 736 
812.135(2)(c) 1st Home-invasion robbery, no 
firearm, deadly weapon, or 
other weapon. 
 737 
817.418(2)(b) 2nd Offering for sale or 
advertising personal protective 
equipment with intent to 
defraud; second or subsequent 
offense. 
 
 738 
817.504(1)(b) 2nd Offering or advertising a          
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vaccine with intent to defraud; 
second or subsequent offense. 
 739 
817.505(4)(c) 1st Patient brokering; 20 or more 
patients. 
 740 
817.535(2)(b) 2nd Filing false lien or other 
unauthorized document; second 
or subsequent offense. 
 741 
817.535(3)(a) 2nd Filing false lien or other 
unauthorized document; property 
owner is a public officer or 
employee. 
 742 
817.535(4)(a)1. 2nd Filing false lien or other 
unauthorized document; 
defendant is incarcerated or 
under supervision. 
 743 
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.          
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 744 
817.568(6) 2nd Fraudulent use of personal 
identification information of 
an individual under the age of 
18. 
 745 
817.611(2)(c) 1st Traffic in or possess 50 or 
more counterfeit credit cards 
or related documents. 
 746 
825.102(2) 1st Aggravated abuse of an elderly 
person or disabled adult. 
 747 
825.1025(2) 2nd Lewd or lascivious battery upon 
an elderly person or disabled 
adult. 
 748 
825.103(3)(a) 1st Exploiting an elderly person or 
disabled adult and property is 
valued at $50,000 or more. 
 749 
837.02(2) 2nd Perjury in official proceedings 
relating to prosecution of a 
capital felony. 
 750          
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837.021(2) 2nd Making contradictory statements 
in official proceedings 
relating to prosecution of a 
capital felony. 
 751 
860.121(2)(c) 1st Shooting at or throwing any 
object in path of railroad 
vehicle resulting in great 
bodily harm. 
 752 
860.16 	1st Aircraft piracy. 
 753 
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). 
 754 
893.13(2)(b) 1st Purchase in excess of 10 grams 
of any substance specified in 
s. 893.03(1)(a) or (b). 
 755 
893.13(6)(c) 1st Possess in excess of 10 grams 
of any substance specified in 
s. 893.03(1)(a) or (b). 
 756          
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893.135(1)(a)2. 1st Trafficking in cannabis, more 
than 2,000 lbs., less than 
10,000 lbs. 
 757 
893.135 
  (1)(b)1.b. 
1st Trafficking in cocaine, more 
than 200 grams, less than 400 
grams. 
 758 
893.135 
  (1)(c)1.b. 
1st Trafficking in illegal drugs, 
more than 14 grams, less than 
28 grams. 
 759 
893.135 
  (1)(c)2.c. 
1st Trafficking in hydrocodone, 100 
grams or more, less than 300 
grams. 
 760 
893.135 
  (1)(c)3.c. 
1st Trafficking in oxycodone, 25 
grams or more, less than 100 
grams. 
 761 
893.135 
  (1)(c)4.b.(II) 
1st Trafficking in fentanyl, 14 
grams or more, less than 28 
grams. 
 762 
893.135 	1st Trafficking in phencyclidine,          
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  (1)(d)1.b. 	200 grams or more, less than 
400 grams. 
 763 
893.135 
  (1)(e)1.b. 
1st Trafficking in methaqualone, 5 
kilograms or more, less than 25 
kilograms. 
 764 
893.135 
  (1)(f)1.b. 
1st Trafficking in amphetamine, 28 
grams or more, less than 200 
grams. 
 765 
893.135 
  (1)(g)1.b. 
1st Trafficking in flunitrazepam, 
14 grams or more, less than 28 
grams. 
 766 
893.135 
  (1)(h)1.b. 
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 5 
kilograms or more, less than 10 
kilograms. 
 767 
893.135 
  (1)(j)1.b. 
1st Trafficking in 1,4-Butanediol, 
5 kilograms or more, less than 
10 kilograms. 
 768 
893.135 	1st Trafficking in Phenethylamines,          
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  (1)(k)2.b. 	200 grams or more, less than 
400 grams. 
 769 
893.135 
  (1)(m)2.c. 
1st Trafficking in synthetic 
cannabinoids, 1,000 grams or 
more, less than 30 kilograms. 
 770 
893.135 
  (1)(n)2.b. 
1st Trafficking in n-benzyl 
phenethylamines, 100 grams or 
more, less than 200 grams. 
 771 
893.1351(3) 1st Possession of a place used to 
manufacture controlled 
substance when minor is present 
or resides there. 
 772 
895.03(1) 1st Use or invest proceeds derived 
from pattern of racketeering 
activity. 
 773 
895.03(2) 1st Acquire or maintain through 
racketeering activity any 
interest in or control of any 
enterprise or real property. 
 774          
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895.03(3) 1st Conduct or participate in any 
enterprise through pattern of 
racketeering activity. 
 775 
896.101(5)(b) 2nd Money laundering, financ ial 
transactions totaling or 
exceeding $20,000, but less 
than $100,000. 
 776 
896.104(4)(a)2. 2nd Structuring transactions to 
evade reporting or registration 
requirements, financial 
transactions totaling or 
exceeding $20,000 but less than 
$100,000. 
 777 
 Section 4.  Paragraph (f) of subsection (1) of section 778 
784.07, Florida Statutes, is amended to read: 779 
 784.07  Assault or battery of law enforcement officers and 780 
other specified personnel; reclassification of offenses; minimum 781 
sentences.— 782 
 (1)  As used in this section, the term: 783 
 (f)  "Public transit employees or agents" means bus 784 
operators, train operators, revenue collectors, security 785 
personnel, equipment maintenance personnel, or field 786          
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supervisors, who are employees or agents of a transit agency as 787 
described in s. 812.015(1) s. 812.015(1)(l). 788 
 Section 5.  This act shall take effect October 1, 2024. 789