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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 local government code enforcement; 2
amending s. 162.01, F.S.; revising a short title; 3
amending s. 162.02, F.S.; revising legislative intent; 4
amending s. 162.03, F.S.; authorizing a county or 5
municipality to designate a special magistrate; 6
authorizing a local governmental entity to assess 7
administrative fees through the adoption of an 8
alternate code enforcement system; amending s. 162.04, 9
F.S.; defining the term "special magistrate"; amending 10
s. 162.05, F.S.; revising the circumstances in w hich 11
an enforcement board must declare an enforcement board 12
member's office vacant; amending s. 162.06, F.S.; 13
revising the code violation notice, correction period, 14
and hearing process; amending s. 162.07, F.S.; 15
authorizing an enforcement board to record a n original 16
order issued by the board in the public records of the 17
county; amending s. 162.08, F.S.; authorizing a person 18
designated by the local governing body to serve 19
certain subpoenas in a specified manner; amending s. 20
162.09, F.S.; clarifying certain p enalty provisions; 21
requiring an enforcement board to record an original 22
order or a certified copy of such order in the public 23
records of the county; amending s. 162.10, F.S.; 24
conforming a provision to a change made by the act; 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
amending s. 162.12, F.S.; rev ising the method by which 26
certain notices must be provided to an alleged code 27
violator; requiring an affidavit of delivery in 28
certain circumstances; creating s. 162.41, F.S.; 29
defining terms; requiring a governmental entity that 30
permits its code inspectors to wear body cameras to 31
establish certain policies and procedures; requiring 32
such governmental entity to ensure that certain 33
training occurs, retain certain data in accordance 34
with public records laws, and perform a periodic 35
review of actual body camera pr actices; amending s. 36
784.083, F.S.; conforming a cross -reference; 37
increasing criminal penalties for certain crimes 38
committed against a code inspector in certain 39
circumstances; amending s. 921.0022, F.S.; conforming 40
provisions to changes made by the act; pr oviding an 41
effective date. 42
43
Be It Enacted by the Legislature of the State of Florida: 44
45
Section 1. Section 162.01, Florida Statutes, is amended to 46
read: 47
162.01 Short title. —Sections 162.01-162.13 may be cited as 48
the "Local Government Code Enforc ement Boards Act." 49
Section 2. Section 162.02, Florida Statutes, is amended to 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
read: 51
162.02 Intent.—It is the intent of this part to promote, 52
protect, and improve the health, safety, and welfare of the 53
citizens of the counties and municipalities of th is state by 54
authorizing the creation of administrative boards or designation 55
of special magistrates with authority to impose administrative 56
fines and other noncriminal penalties to provide an equitable, 57
expeditious, effective, and inexpensive method of enf orcing any 58
state laws or local codes and ordinances, land development 59
regulations, or other technical codes adopted by a county or 60
municipality in force in counties and municipalities , where a 61
pending or repeated violation continues to exist. 62
Section 3. Section 162.03, Florida Statutes, is amended to 63
read: 64
162.03 Applicability. — 65
(1) Each county or municipality may, at its option, create 66
or abolish by ordinance local government code enforcement boards 67
or designate special magistrates as provided herein. 68
(2) A charter county, a noncharter county, or a 69
municipality may, by ordinance, adopt an alternate code 70
enforcement system that gives code enforcement boards or special 71
magistrates designated by the local governing body, or both, the 72
authority to hold hearings and assess fines and administrative 73
fees against violators of the respective county or municipal 74
codes and ordinances. A special magistrate has shall have the 75
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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
same status as an enforcement board under this chapter. 76
References in this chapter to an enforcement board, except in s. 77
162.05, must shall include a special magistrate if the context 78
permits. 79
Section 4. Section 162.04, Florida Statutes, is reordered 80
and amended to read: 81
162.04 Definitions. —As used in ss. 162.01 -162.13, the 82
term: 83
(3)(1) "Local governing body" means the governing body of 84
the county or municipality, however designated. 85
(1)(2) "Code inspector" means any authorized agent or 86
employee of the county or municipality whose duty it is to 87
assure code compliance. 88
(4)(3) "Local governing body attorney" means the legal 89
counselor for the county or municipality. 90
(2)(4) "Enforcement board" means a local government code 91
enforcement board. 92
(5) "Repeat violation" means a violation of a provision of 93
a code or an ordinance by a person who has been previously been 94
found, through a code enforcement board or any other quasi -95
judicial or judicial process, to have violated or who has 96
admitted violating the same provision within the 5 years 97
preceding prior to the violation, notwithstanding that the 98
violations occurred occur at different locations. 99
(6) "Special magistrate" means a member of The Florida Bar 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in good standing with a minimum of 5 years of experience as an 101
attorney who is appointed by a county or municipality to oversee 102
quasi-judicial proceedings related to a code violation in lieu 103
of or in addition to a code enforcement board. 104
Section 5. Paragraph (e) of subsection (3) of section 105
162.05, Florida Statutes, is amended to read: 106
162.05 Local government code enforcement boards; 107
organization.— 108
(3) 109
(e) An appointment to fill any vacancy on an enforcement 110
board must shall be for the remainder of the unexpired term of 111
office. If any member fails to attend two of three successive 112
meetings without cause and without notifying the recording 113
secretary prior approval of the chair , the enforcement board 114
must shall declare the member's office vacant, and the local 115
governing body must shall promptly fill such vacancy. 116
Section 6. Subsections (2), (3), and (4) of section 117
162.06, Florida Statutes, are amended to read: 118
162.06 Enforcement procedure. — 119
(2) Except as provided in subs ections (3) and (4), if a 120
violation of the codes is found, the code inspector must shall 121
notify the violator and give him or her a reasonable period of 122
time to correct the violation. If the violation is not corrected 123
within the reasonable period of time, t he code inspector must 124
schedule a hearing and issue a notice of violation provided in 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
accordance with s. 162.12 which states the violation, provides 126
correction instructions, and includes the date and time of the 127
hearing. The notice may grant the violator a n additional period 128
of time in which to correct the violation. The notice must state 129
that Should the violation continue beyond the time specified for 130
correction, the code inspector shall notify an enforcement board 131
and request a hearing. The code enforceme nt board, through its 132
clerical staff, shall schedule a hearing, and written notice of 133
such hearing shall be hand delivered or mailed as provided in s. 134
162.12 to said violator. At the option of the code enforcement 135
board, notice may additionally be served b y publication or 136
posting as provided in s. 162.12. If the violation is corrected 137
and then recurs or if the violation is not corrected by the time 138
specified for correction by the code inspector, the case will 139
not may be presented to the enforcement board or special 140
magistrate even if the violation is has been corrected before 141
prior to the board hearing, and the notice shall so state . 142
(3) If a repeat violation is found, the code inspector 143
must shall notify the violator but is not required to give the 144
violator a reasonable period of time to correct the violation. 145
The code inspector shall, upon notifying the violator of a 146
repeat violation, schedule a hearing and shall notify an 147
enforcement board and request a hearing. The code enforcement 148
board, through its cl erical staff, shall schedule a hearing and 149
shall provide notice pursuant to s. 162.12. The notice must 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
state that the case may be presented to the enforcement board or 151
special magistrate even if the repeat violation has been 152
corrected before prior to the board hearing, and the notice 153
shall so state. If the repeat violation has been corrected, the 154
code enforcement board retains the right to schedule a hearing 155
to determine costs and impose the payment of reasonable 156
enforcement fees upon the repeat violator. T he repeat violator 157
may choose to waive his or her rights to this hearing and pay 158
the said costs as determined by the code enforcement board. 159
(4) If the code inspector has reason to believe a 160
violation or the condition causing the violation presents a 161
serious threat to the public health, safety, and welfare or if 162
the violation is irreparable or irreversible in nature, the code 163
inspector must shall make a reasonable effort to notify the 164
violator and may immediately schedule notify the enforcement 165
board and request a hearing. 166
Section 7. Subsection (4) of section 162.07, Florida 167
Statutes, is amended to read: 168
162.07 Conduct of hearing. — 169
(4) At the conclusion of the hearing, the enforcement 170
board shall issue findings of fact, based on evidence of record 171
and conclusions of law, and shall issue an order affording the 172
proper relief consistent with powers granted herein. The finding 173
must shall be by motion approved by a majority of those members 174
present and voting, except that at least four members of a 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
seven-member enforcement board, or three members of a five -176
member enforcement board, must vote in order for the action to 177
be official. The order may include a notice that it must be 178
complied with by a specified date and that a fine may be imposed 179
and, under the conditions specified in s. 162.09(1), the cost of 180
repairs may be included along with the fine if the order is not 181
complied with by that said date. The original order or a 182
certified copy of the such order may be recorded in the public 183
records of the county and constitutes shall constitute notice to 184
any subsequent purchaser purchasers, successor successors in 185
interest, or assign assigns if the violation concerns real 186
property, and the findings therein are shall be binding upon the 187
violator and, if the v iolation concerns real property, any 188
subsequent purchaser purchasers, successor successors in 189
interest, or assign assigns. If an order is recorded in the 190
public records pursuant to this subsection and the order is 191
complied with by the date specified in the order, the 192
enforcement board must shall issue an order acknowledging 193
compliance that must shall be recorded in the public records. A 194
hearing is not required to issue such an order acknowledging 195
compliance. 196
Section 8. Subsection (2) of section 162.08, Florida 197
Statutes, is amended to read: 198
162.08 Powers of enforcement boards. —Each enforcement 199
board shall have the power to: 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) Subpoena alleged violators and witnesses to its 201
hearings. Subpoenas may be served by the sheriff of the county 202
or police department of the municipality or by a person 203
designated to serve subpoenas by the local governing body, 204
provided that the person hand delivers the subpoena and signs an 205
affidavit of service that includes the date and time of service 206
and the name of the person served. 207
Section 9. Paragraph (a) of subsection (2) and subsection 208
(3) of section 162.09, Florida Statutes, are amended to read: 209
162.09 Administrative fines; costs of repair; liens. — 210
(2)(a) A fine imposed pursuant to this section may shall 211
not exceed $250 per day per violation for a first violation and 212
may shall not exceed $500 per day per violation for a repeat 213
violation, and, in addition, may include all costs of repairs 214
pursuant to subsection (1). However, if a code enforcement board 215
finds the violation to be irreparable or irreversible in nature, 216
it may impose a fine not to exceed $5,000 per violation. 217
(3) The original order or a certified copy of an order 218
imposing a fine, or a fine plus repair costs, must may be 219
recorded in the public records and thereafter constitutes shall 220
constitute a lien against the land on which the violation exists 221
and upon any other real or personal property owned by the 222
violator. Upon petition to the circuit court, such order must 223
shall be enforceable in the same manner as a court judgment by 224
the sheriffs of this state, including execution and levy against 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the personal property of the violator, but such order may shall 226
not be deemed to be a court judgment except for enforcement 227
purposes. A fine imposed pursuant to this part continues shall 228
continue to accrue until the violator comes into compliance or 229
until judgment is rendered in a suit filed pursuant to this 230
section, whichever occurs first. A lien arising from a fine 231
imposed pursuant to this section runs in favor of the local 232
governing body, and the local governing body may execute a 233
satisfaction or release of lien entered pursuant to this 234
section. After 3 months from the filing of any such lien which 235
remains unpaid, the enforcement boar d may authorize the local 236
governing body attorney to foreclose on the lien or to sue to 237
recover a money judgment for the amount of the lien plus accrued 238
interest. No lien created pursuant to the provisions of this 239
part may be foreclosed on real property wh ich is a homestead 240
under s. 4, Art. X of the State Constitution. The money judgment 241
provisions of this section do shall not apply to real property 242
or personal property which is covered under s. 4(a), Art. X of 243
the State Constitution. 244
Section 10. Section 162.10, Florida Statutes, is amended 245
to read: 246
162.10 Duration of lien. —No lien provided under the Local 247
Government Code Enforcement Boards Act may shall continue for a 248
period longer than 20 years after the certified copy of an order 249
imposing a fine has been recorded, unless within that time an 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
action is commenced pursuant to s. 162.09(3) in a court of 251
competent jurisdiction. In an action to foreclose on a lien or 252
for a money judgment, the prevailing party is entitled to 253
recover all costs, including a re asonable attorney attorney's 254
fee, which that it incurs in the action. The local governing 255
body is shall be entitled to collect all costs incurred in 256
recording and satisfying a valid lien. The continuation of the 257
lien effected by the commencement of the act ion is shall not be 258
good against creditors or subsequent purchasers for valuable 259
consideration without notice, unless a notice of lis pendens is 260
recorded. 261
Section 11. Subsection (1) of section 162.12, Florida 262
Statutes, are amended to read: 263
162.12 Notices.— 264
(1) All notices required by this part must be provided to 265
the alleged violator by: 266
(a) Certified mail, and at the option of the local 267
government return receipt requested, to the address listed in 268
the tax collector's office for tax notices or to the address 269
listed in the county property appraiser's database. The local 270
government shall may also provide an additional notice to any 271
other address it may find for the property owner. For property 272
owned by: 273
1. A corporation, notices must may be provided by 274
certified mail to the registered agent of the corporation. If 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any notice sent by certified mail is not signed as received 276
within 15 30 days after the postmarked date of mailing, notice 277
may be provided by posting as described in subparagraphs 278
(2)(b)1. and 2.; 279
2. A condominium association, notices must be provided by 280
certified mail to the current board of directors and the 281
association's management company. If none of the notices sent by 282
certified mail are signed as received within 15 days after the 283
postmarked date of mailing, a notice must be posted on the 284
property of each board member or at the location at which board 285
meetings are held. Additional notice may be provided by posting 286
as described in subparagraphs (2)(b)1. and 2.; 287
(b) Hand delivery by the sheriff or other law enforcement 288
officer, code inspector, or other person designated by the local 289
governing body, provided that the person making the delivery 290
signs an affidavit of delivery that includes the date and time 291
of delivery and the name of t he person or entity to which the 292
notice is delivered; 293
(c) Leaving the notice at the violator's usual place of 294
residence with any person residing therein who is above 15 years 295
of age and informing such person of the contents of the notice; 296
or 297
(d) In the case of commercial premises, leaving the notice 298
with the manager or other person in charge. 299
Section 12. Section 162.41, Florida Statutes, is created 300
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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
to read: 301
162.41 Code inspector body cameras; policies and 302
procedures.— 303
(1) As used in this section , the term: 304
(a) "Body camera" means a portable electronic recording 305
device worn on a code inspector's person which records audio and 306
video data of the code inspector's encounters and activities. 307
(b) "Code inspector" has the same meaning as provided in 308
s. 162.04. 309
(2) A governmental entity that permits its code inspectors 310
to wear body cameras must establish policies and procedures 311
addressing the proper use, maintenance, and storage of body 312
cameras and the data recorded by body cameras. The policies and 313
procedures must include: 314
(a) General guidelines for the proper use, maintenance, 315
and storage of body cameras. 316
(b) Any limitations on which code inspectors are permitted 317
to wear body cameras. 318
(c) Any limitations on code enforcement -related encounters 319
and activities in which code inspectors are permitted to wear 320
body cameras. 321
(d) General guidelines for the proper storage, retention, 322
and release of audio and video data recorded by body cameras. 323
(3) A governmental entity that permits its code inspecto rs 324
to wear body cameras shall: 325
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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) Ensure that all personnel who wear, use, maintain, or 326
store body cameras are trained in the governmental entity's body 327
camera policies and procedures. 328
(b) Retain audio and video data recorded by body cameras 329
in accordance with the requirements of s. 119.021, except as 330
otherwise provided by law. 331
(c) Perform a periodic review of actual body camera 332
practices to ensure conformity with the governmental entity's 333
body camera policies and procedures. 334
Section 13. Section 784.083, Florida Statutes, is amended 335
to read: 336
784.083 Assault or battery on code inspectors. —Whenever a 337
person is charged with committing an assault or aggravated 338
assault or a battery or aggravated battery upon a code 339
inspector, as defined in s. 162.04 s. 162.04(2), while the code 340
inspector is engaged in the lawful performance of his or her 341
duties and when the person committing the offense knows or has 342
reason to know the identity or employment of the victim, the 343
offense for which the person is charged sh all be reclassified as 344
follows: 345
(1) In the case of aggravated battery, from a felony of 346
the second degree to a felony of the first degree. 347
(2) In the case of aggravated assault, from a felony of 348
the third degree to a felony of the first second degree. 349
(3) In the case of battery, from a misdemeanor of the 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
first degree to a felony of the first third degree. 351
(4) In the case of assault, from a misdemeanor of the 352
second degree to a felony misdemeanor of the third first degree. 353
Section 14. Paragraphs (d) and (f) of subsection (3) of 354
section 921.0022, Florida Statutes, are amended to read: 355
921.0022 Criminal Punishment Code; offense severity 356
ranking chart.— 357
(3) OFFENSE SEVERITY RANKING CHART 358
(d) LEVEL 4 359
360
Florida
Statute
Felony
Degree Description
361
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.
362
499.0051(1) 3rd Failure to maintain or
deliver transaction
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
history, transaction
information, or transaction
statements.
363
499.0051(5) 2nd Knowing sale or delivery,
or possession with intent
to sell, contraband
prescription drugs.
364
517.07(1) 3rd Failure to register
securities.
365
517.12(1) 3rd Failure of dealer or
associated person of a
dealer of securities to
register.
366
784.031 3rd Battery by strangulation.
367
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
368
784.074(1)(c) 3rd Battery of sexually
violent predators
facility staff.
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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
369
784.075 3rd Battery on detention or
commitment facility staff.
370
784.078 3rd Battery of facility employee
by throwing, tossing, or
expelling certain fluids or
materials.
371
784.08(2)(c) 3rd Battery on a person
65 years of age or
older.
372
784.081(3) 3rd Battery on specified
official or employee.
373
784.082(3) 3rd Battery by detained
person on visitor or
other detainee.
374
784.083(3) 1st 3rd Battery on code
inspector.
375
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.
376
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
377
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending
custody proceedings.
378
787.04(3) 3rd Carrying child beyond
state lines with criminal
intent to avoid producing
child at custody hearing
or delivering to
designated person.
379
787.07 3rd Human smuggling.
380
790.115(1) 3rd Exhibiting firearm or
weapon within 1,000 feet
of a school.
381
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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
790.115(2)(b) 3rd Possessing electric
weapon or device,
destructive device, or
other weapon on school
property.
382
790.115(2)(c) 3rd Possessing firearm on
school property.
383
794.051(1) 3rd Indecent, lewd, or
lascivious touching of
certain minors.
384
800.04(7)(c) 3rd Lewd or lascivious
exhibition; offender less
than 18 years.
385
806.135 2nd Destroying or demolishing a
memorial or historic property.
386
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an
unoccupied structure;
unarmed; no assault or
battery.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
387
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an
unoccupied conveyance;
unarmed; no assault or
battery.
388
810.06 3rd Burglary; possession of tools.
389
810.08(2)(c) 3rd Trespass on property,
armed with firearm or
dangerous weapon.
390
810.145(3)(b) 3rd Digital voyeurism
dissemination.
391
812.014(2)(c)3. 3rd Grand theft, 3rd
degree $10,000 or
more but less than
$20,000.
392
812.014
(2)(c)4. &
6.-10.
3rd Grand theft, 3rd degree;
specified items.
393
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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)2. 3rd Grand theft, 3rd
degree; $750 or more
taken from dwelling
or its unenclosed
curtilage.
394
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.
395
812.0195(2) 3rd Dealing in stolen
property by use of the
Internet; property
stolen $300 or more.
396
817.505(4)(a) 3rd Patient brokering.
397
817.563(1) 3rd Sell or deliver substance
other than controlled
substance agreed upon,
excluding s. 893.03(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
drugs.
398
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
399
817.5695(3)(c) 3rd Exploitation of person
65 years of age or
older, value less than
$10,000.
400
817.625(2)(a) 3rd Fraudulent use of
scanning device,
skimming device, or
reencoder.
401
817.625(2)(c) 3rd Possess, sell, or
deliver skimming
device.
402
828.125(1) 2nd Kill, maim, or cause
great bodily harm or
permanent breeding
disability to any
registered horse or
cattle.
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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
403
836.14(2) 3rd Person who commits
theft of a sexually
explicit image with
intent to promote it.
404
836.14(3) 3rd Person who willfully
possesses a sexually
explicit image with
certain knowledge, intent,
and purpose.
405
837.02(1) 3rd Perjury in official
proceedings.
406
837.021(1) 3rd Make contradictory statements
in official proceedings.
407
838.022 3rd Official misconduct.
408
839.13(2)(a) 3rd Falsifying records of
an individual in the
care and custody of a
state agency.
409
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839.13(2)(c) 3rd Falsifying records of
the Department of
Children and Families.
410
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
411
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
412
843.15(1)(a) 3rd Failure to appear while
on bail for felony
(bond estreature or
bond jumping).
413
843.19(2) 2nd Injure, disable, or
kill police, fire, or
SAR canine or police
horse.
414
847.0135(5)(c) 3rd Lewd or lascivious
exhibition using
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computer; offender
less than 18 years.
415
870.01(3) 2nd Aggravated rioting.
416
870.01(5) 2nd Aggravated inciting a
riot.
417
874.05(1)(a) 3rd Encouraging or recruiting
another to join a
criminal gang.
418
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).
419
914.14(2) 3rd Witnesses accepting
bribes.
420
914.22(1) 3rd Force, threaten, etc.,
witness, victim, or
informant.
421
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914.23(2) 3rd Retaliation against a
witness, victim, or
informant, no bodily injury.
422
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
423
918.12 3rd Tampering with jurors.
424
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
425
944.47(1)(a)6. 3rd Introduction of
contraband (cellular
telephone or other
portable communication
device) into correctional
institution.
426
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other
device to aid escape, or
cellular telephone or other
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portable communication
device introduced into
county detention facility.
427
(f) LEVEL 6 428
429
Florida
Statute
Felony
Degree Description
430
316.027(2)(b) 2nd Leaving the scene of
a crash involving
serious bodily
injury.
431
316.193(2)(b) 3rd Felony DUI, 4th or
subsequent conviction.
432
400.9935(4)(c) 2nd Operating a clinic, or
offering services
requiring licensure,
without a license.
433
499.0051(2) 2nd Knowing forgery of
transaction history,
transaction information, or
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transaction statement.
434
499.0051(3) 2nd Knowing purchase or receipt
of prescription drug from
unauthorized person.
435
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
436
775.0875(1) 3rd Taking firearm from law
enforcement officer.
437
784.021(1)(a) 3rd Aggravated assault;
deadly weapon without
intent to kill.
438
784.021(1)(b) 3rd Aggravated assault;
intent to commit
felony.
439
784.041 3rd Felony battery; domestic battery
by strangulation.
440
784.048(3) 3rd Aggravated stalking;
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credible threat.
441
784.048(5) 3rd Aggravated stalking of
person under 16.
442
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
443
784.074(1)(b) 2nd Aggravated assault on
sexually violent
predators facility
staff.
444
784.08(2)(b) 2nd Aggravated assault on a
person 65 years of age
or older.
445
784.081(2) 2nd Aggravated assault on
specified official or
employee.
446
784.082(2) 2nd Aggravated assault by
detained person on
visitor or other
detainee.
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447
784.083(2) 1st 2nd Aggravated assault on
code inspector.
448
787.02(2) 3rd False imprisonment;
restraining with purpose other
than those in s. 787.01.
449
790.115(2)(d) 2nd Discharging firearm or
weapon on school
property.
450
790.161(2) 2nd Make, possess, or throw
destructive device with
intent to do bodily harm or
damage property.
451
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.
452
790.19 2nd Shooting or throwing deadly
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missiles into dwellings,
vessels, or vehicles.
453
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual
activity by custodial
adult.
454
794.05(1) 2nd Unlawful sexual activity
with specified minor.
455
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.
456
800.04(6)(b) 2nd Lewd or lascivious
conduct; offender 18
years of age or older.
457
806.031(2) 2nd Arson resulting in great
bodily harm to firefighter
or any other person.
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458
810.02(3)(c) 2nd Burglary of occupied
structure; unarmed; no
assault or battery.
459
810.145(8)(b) 2nd Digital voyeurism;
certain minor victims;
2nd or subsequent
offense.
460
812.014(2)(b)1. 2nd Property stolen
$20,000 or more, but
less than $100,000,
grand theft in 2nd
degree.
461
812.014(2)(c)5. 3rd Grand theft; third
degree; firearm.
462
812.014(6) 2nd Theft; property stolen
$3,000 or more; coordination
of others.
463
812.015(9)(a) 2nd Retail theft; property
stolen $750 or more;
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second or subsequent
conviction.
464
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within
120 days is $3,000 or
more; coordination of
others.
465
812.015(9)(d) 2nd Retail theft;
multiple thefts
within specified
period.
466
812.015(9)(e) 2nd Retail theft;
committed with
specified number of
other persons and use
of social media
platform.
467
812.13(2)(c) 2nd Robbery, no firearm or
other weapon (strong -
arm robbery).
468
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817.4821(5) 2nd Possess cloning
paraphernalia with intent to
create cloned cellular
telephones.
469
817.49(2)(b)2. 2nd Willful making of a
false report of a
crime resulting in
death.
470
817.505(4)(b) 2nd Patient brokering; 10
or more patients.
471
817.5695(3)(b) 2nd Exploitation of person
65 years of age or
older, value $10,000 or
more, but less than
$50,000.
472
825.102(1) 3rd Abuse of an elderly
person or disabled
adult.
473
825.102(3)(c) 3rd Neglect of an
elderly person or
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disabled adult.
474
825.1025(3) 3rd Lewd or lascivious
molestation of an elderly
person or disabled adult.
475
825.103(3)(c) 3rd Exploiting an elderly
person or disabled
adult and property is
valued at less than
$10,000.
476
827.03(2)(c) 3rd Abuse of a child.
477
827.03(2)(d) 3rd Neglect of a child.
478
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
479
828.126(3) 3rd Sexual activities
involving animals.
480
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836.05 2nd Threats; extortion.
481
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
482
843.12 3rd Aids or assists person to
escape.
483
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
484
847.012 3rd Knowingly using a minor in
the production of materials
harmful to minors.
485
847.0135(2) 3rd Facilitates sexual conduct
of or with a minor or the
visual depiction of such
conduct.
486
893.131 2nd Distribution of controlled
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substances resulting in
overdose or serious bodily
injury.
487
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
488
918.13(2)(b) 2nd Tampering with or
fabricating physical
evidence relating to a
capital felony.
489
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.
490
944.40 2nd Escapes.
491
944.46 3rd Harboring, concealing, aiding
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escaped prisoners.
492
944.47(1)(a)5. 2nd Introduction of
contraband (firearm,
weapon, or explosive)
into correctional
facility.
493
951.22(1)(i) 3rd Firearm or weapon
introduced into county
detention facility.
494
495
Section 15. This act shall take effect July 1, 2025. 496