Florida 2025 Regular Session

Florida Senate Bill S1104 Latest Draft

Bill / Introduced Version Filed 02/25/2025

 Florida Senate - 2025 SB 1104  By Senator Rodriguez 40-00408A-25 20251104__ 1 A bill to be entitled 2 An act relating to local government code enforcement; 3 amending s. 162.01, F.S.; revising a short title; 4 amending s. 162.02, F.S.; revising legislative intent; 5 amending s. 162.03, F.S.; authorizing a county or 6 municipality to designate a special magistrate; 7 authorizing a local governmental entity to assess 8 administrative fees through the adoption of an 9 alternate code enforcement system; reordering and 10 amending s. 162.04, F.S.; defining the term special 11 magistrate; making technical changes; amending s. 12 162.05, F.S.; revising the circumstances in which an 13 enforcement board must declare an enforcement board 14 members office vacant; amending s. 162.06, F.S.; 15 revising the code violation notice, correction period, 16 and hearing process; amending s. 162.07, F.S.; 17 authorizing an enforcement board to record an original 18 order issued by the board in the public records of the 19 county; amending s. 162.08, F.S.; authorizing a person 20 designated by the local governing body to serve 21 certain subpoenas in a specified manner; amending s. 22 162.09, F.S.; clarifying certain penalty provisions; 23 authorizing an enforcement board to record an original 24 order in the public records of the county; amending s. 25 162.10, F.S.; conforming a provision to a change made 26 by the act; amending s. 162.12, F.S.; revising the 27 method by which certain notices may be provided to an 28 alleged code violator; requiring an affidavit of 29 delivery in certain circumstances; creating s. 162.41, 30 F.S.; defining terms; requiring a governmental entity 31 that permits its code inspectors to wear body cameras 32 to establish certain policies and procedures; 33 requiring such governmental entity to ensure that 34 certain training occurs, retain certain data in 35 accordance with public records laws, and perform a 36 periodic review of actual body camera practices; 37 amending s. 784.07, F.S.; defining the term code 38 enforcement officer; requiring the reclassification 39 of certain offenses committed against code enforcement 40 officers while engaged in the performance of their 41 duties; amending s. 784.083, F.S.; conforming a cross 42 reference; increasing criminal penalties for certain 43 crimes committed against a code inspector in certain 44 circumstances; amending s. 921.0022, F.S.; conforming 45 provisions to changes made by the act; providing an 46 effective date. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1.Section 162.01, Florida Statutes, is amended to 51 read: 52 162.01Short title.Sections 162.01-162.13 may be cited as 53 the Local Government Code Enforcement Boards Act. 54 Section 2.Section 162.02, Florida Statutes, is amended to 55 read: 56 162.02Intent.It is the intent of this part to promote, 57 protect, and improve the health, safety, and welfare of the 58 citizens of the counties and municipalities of this state by 59 authorizing the creation of administrative boards, and the 60 designation of special magistrates, with authority to impose 61 administrative fines and other noncriminal penalties to provide 62 an equitable, expeditious, effective, and inexpensive method of 63 enforcing any state laws or local codes and ordinances, land 64 development regulations, or other technical codes adopted by a 65 county or municipality in force in counties and municipalities, 66 where a pending or repeated violation continues to exist. 67 Section 3.Section 162.03, Florida Statutes, is amended to 68 read: 69 162.03Applicability. 70 (1)Each county or municipality may, at its option, create 71 or abolish by ordinance local government code enforcement boards 72 or designate special magistrates as provided herein. 73 (2)A charter county, a noncharter county, or a 74 municipality may, by ordinance, adopt an alternate code 75 enforcement system that gives code enforcement boards or special 76 magistrates designated by the local governing body, or both, the 77 authority to hold hearings and assess fines and administrative 78 fees against violators of the respective county or municipal 79 codes and ordinances. A special magistrate has shall have the 80 same status as an enforcement board under this chapter. 81 References in this chapter to an enforcement board, except in s. 82 162.05, shall include a special magistrate if the context 83 permits. 84 Section 4.Section 162.04, Florida Statutes, is reordered 85 and amended to read: 86 162.04Definitions.As used in ss. 162.01-162.13, the term: 87 (3)(1)Local governing body means the governing body of 88 the county or municipality, however designated. 89 (1)(2)Code inspector means any authorized agent or 90 employee of the county or municipality whose duty it is to 91 assure code compliance. 92 (4)(3)Local governing body attorney means the legal 93 counselor for the county or municipality. 94 (2)(4)Enforcement board means a local government code 95 enforcement board. 96 (5)Repeat violation means a violation of a provision of 97 a code or an ordinance by a person who has been previously been 98 found, through a code enforcement board or any other quasi 99 judicial or judicial process, to have violated or who has 100 admitted violating the same provision within the 5 years 101 preceding prior to the violation, notwithstanding that the 102 violations occurred occur at different locations. 103 (6)Special magistrate means a member of The Florida Bar 104 in good standing who is appointed by a county or municipality to 105 oversee quasi-judicial proceedings related to a code violation 106 in lieu of or in addition to a code enforcement board. 107 Section 5.Paragraph (e) of subsection (3) of section 108 162.05, Florida Statutes, is amended to read: 109 162.05Local government code enforcement boards; 110 organization. 111 (3) 112 (e)An appointment to fill any vacancy on an enforcement 113 board must shall be for the remainder of the unexpired term of 114 office. If any member fails to attend two of three successive 115 meetings without cause and without notifying the recording 116 secretary prior approval of the chair, the enforcement board 117 must shall declare the members office vacant, and the local 118 governing body must shall promptly fill such vacancy. 119 Section 6.Subsections (2), (3), and (4) of section 162.06, 120 Florida Statutes, are amended to read: 121 162.06Enforcement procedure. 122 (2)Except as provided in subsections (3) and (4), if a 123 violation of the codes is found, the code inspector must shall 124 notify the violator and give him or her a reasonable period of 125 time to correct the violation. If the violation is not corrected 126 within the reasonable period of time, the code inspector must 127 schedule a hearing and issue a notice of violation provided in 128 accordance with s. 162.12 which states the violation, provides 129 correction instructions, and includes the date and time of the 130 hearing. The notice may grant the violator an additional period 131 of time in which to correct the violation. The notice must state 132 that Should the violation continue beyond the time specified for 133 correction, the code inspector shall notify an enforcement board 134 and request a hearing. The code enforcement board, through its 135 clerical staff, shall schedule a hearing, and written notice of 136 such hearing shall be hand delivered or mailed as provided in s. 137 162.12 to said violator. At the option of the code enforcement 138 board, notice may additionally be served by publication or 139 posting as provided in s. 162.12. If the violation is corrected 140 and then recurs or if the violation is not corrected by the time 141 specified for correction by the code inspector, the case may be 142 presented to the enforcement board or special magistrate even if 143 the violation is has been corrected before prior to the board 144 hearing, and the notice shall so state. 145 (3)If a repeat violation is found, the code inspector must 146 shall notify the violator but is not required to give the 147 violator a reasonable period of time to correct the violation. 148 The code inspector shall, upon notifying the violator of a 149 repeat violation, shall notify an enforcement board and request 150 a hearing. The code enforcement board, through its clerical 151 staff, shall schedule a hearing and shall provide notice 152 pursuant to s. 162.12. The notice must state that the case may 153 be presented to the enforcement board or special magistrate even 154 if the repeat violation has been corrected before prior to the 155 board hearing, and the notice shall so state. If the repeat 156 violation has been corrected, the code enforcement board retains 157 the right to schedule a hearing to determine costs and impose 158 the payment of reasonable enforcement fees upon the repeat 159 violator. The repeat violator may choose to waive his or her 160 rights to this hearing and pay the said costs as determined by 161 the code enforcement board. 162 (4)If the code inspector has reason to believe a violation 163 or the condition causing the violation presents a serious threat 164 to the public health, safety, and welfare or if the violation is 165 irreparable or irreversible in nature, the code inspector must 166 shall make a reasonable effort to notify the violator and may 167 immediately schedule notify the enforcement board and request a 168 hearing. 169 Section 7.Subsection (4) of section 162.07, Florida 170 Statutes, is amended to read: 171 162.07Conduct of hearing. 172 (4)At the conclusion of the hearing, the enforcement board 173 shall issue findings of fact, based on evidence of record and 174 conclusions of law, and shall issue an order affording the 175 proper relief consistent with powers granted herein. The finding 176 must shall be by motion approved by a majority of those members 177 present and voting, except that at least four members of a 178 seven-member enforcement board, or three members of a five 179 member enforcement board, must vote in order for the action to 180 be official. The order may include a notice that it must be 181 complied with by a specified date and that a fine may be imposed 182 and, under the conditions specified in s. 162.09(1), the cost of 183 repairs may be included along with the fine if the order is not 184 complied with by that said date. The original order or a 185 certified copy of the such order may be recorded in the public 186 records of the county and constitutes shall constitute notice to 187 any subsequent purchaser purchasers, successor successors in 188 interest, or assign assigns if the violation concerns real 189 property, and the findings therein are shall be binding upon the 190 violator and, if the violation concerns real property, any 191 subsequent purchaser purchasers, successor successors in 192 interest, or assign assigns. If an order is recorded in the 193 public records pursuant to this subsection and the order is 194 complied with by the date specified in the order, the 195 enforcement board must shall issue an order acknowledging 196 compliance that must shall be recorded in the public records. A 197 hearing is not required to issue such an order acknowledging 198 compliance. 199 Section 8.Subsection (2) of section 162.08, Florida 200 Statutes, is amended to read: 201 162.08Powers of enforcement boards.Each enforcement board 202 shall have the power to: 203 (2)Subpoena alleged violators and witnesses to its 204 hearings. Subpoenas may be served by the sheriff of the county 205 or police department of the municipality or by a person 206 designated to serve subpoenas by the local governing body, 207 provided that the person hand delivers the subpoena and signs an 208 affidavit of service that includes the date and time of service 209 and the name of the person served. 210 Section 9.Paragraph (a) of subsection (2) and subsection 211 (3) of section 162.09, Florida Statutes, are amended to read: 212 162.09Administrative fines; costs of repair; liens. 213 (2)(a)A fine imposed pursuant to this section may shall 214 not exceed $250 per day per violation for a first violation and 215 may shall not exceed $500 per day per violation for a repeat 216 violation, and, in addition, may include all costs of repairs 217 pursuant to subsection (1). However, if a code enforcement board 218 finds the violation to be irreparable or irreversible in nature, 219 it may impose a fine not to exceed $5,000 per violation. 220 (3)The original order or a certified copy of an order 221 imposing a fine, or a fine plus repair costs, may be recorded in 222 the public records and thereafter constitutes shall constitute a 223 lien against the land on which the violation exists and upon any 224 other real or personal property owned by the violator. Upon 225 petition to the circuit court, such order must shall be 226 enforceable in the same manner as a court judgment by the 227 sheriffs of this state, including execution and levy against the 228 personal property of the violator, but such order may shall not 229 be deemed to be a court judgment except for enforcement 230 purposes. A fine imposed pursuant to this part continues shall 231 continue to accrue until the violator comes into compliance or 232 until judgment is rendered in a suit filed pursuant to this 233 section, whichever occurs first. A lien arising from a fine 234 imposed pursuant to this section runs in favor of the local 235 governing body, and the local governing body may execute a 236 satisfaction or release of lien entered pursuant to this 237 section. After 3 months from the filing of any such lien which 238 remains unpaid, the enforcement board may authorize the local 239 governing body attorney to foreclose on the lien or to sue to 240 recover a money judgment for the amount of the lien plus accrued 241 interest. No lien created pursuant to the provisions of this 242 part may be foreclosed on real property which is a homestead 243 under s. 4, Art. X of the State Constitution. The money judgment 244 provisions of this section do shall not apply to real property 245 or personal property which is covered under s. 4(a), Art. X of 246 the State Constitution. 247 Section 10.Section 162.10, Florida Statutes, is amended to 248 read: 249 162.10Duration of lien.No lien provided under the Local 250 Government Code Enforcement Boards Act may shall continue for a 251 period longer than 20 years after the certified copy of an order 252 imposing a fine has been recorded, unless within that time an 253 action is commenced pursuant to s. 162.09(3) in a court of 254 competent jurisdiction. In an action to foreclose on a lien or 255 for a money judgment, the prevailing party is entitled to 256 recover all costs, including a reasonable attorney attorneys 257 fee, which that it incurs in the action. The local governing 258 body is shall be entitled to collect all costs incurred in 259 recording and satisfying a valid lien. The continuation of the 260 lien effected by the commencement of the action is shall not be 261 good against creditors or subsequent purchasers for valuable 262 consideration without notice, unless a notice of lis pendens is 263 recorded. 264 Section 11.Subsection (1) of section 162.12, Florida 265 Statutes, is amended to read: 266 162.12Notices. 267 (1)All notices required by this part must be provided to 268 the alleged violator by: 269 (a)Certified mail, and at the option of the local 270 government return receipt requested, to the address listed in 271 the tax collectors office for tax notices or to the address 272 listed in the county property appraisers database. The local 273 government may also provide an additional notice to any other 274 address it may find for the property owner. For property owned 275 by: 276 1.A corporation, notices must may be provided by certified 277 mail to the registered agent of the corporation. If any notice 278 sent by certified mail is not signed as received within 15 30 279 days after the postmarked date of mailing, notice may be 280 provided by posting as described in subparagraphs (2)(b)1. and 281 2.; 282 2.A condominium association, notices must be provided by 283 certified mail to the current board of directors and the 284 associations management company. If none of the notices sent by 285 certified mail are signed as received within 15 days after the 286 postmarked date of mailing, a notice must be posted on the 287 property of each board member or at the location at which board 288 meetings are held. Additional notice may be provided by posting 289 as described in subparagraphs (2)(b)1. and 2.; 290 (b)Hand delivery by the sheriff or other law enforcement 291 officer, code inspector, or other person designated by the local 292 governing body, provided that the person making the delivery 293 signs an affidavit of delivery that includes the date and time 294 of delivery and the name of the person or entity to which the 295 notice is delivered; 296 (c)Leaving the notice at the violators usual place of 297 residence with any person residing therein who is above 15 years 298 of age and informing such person of the contents of the notice; 299 or 300 (d)In the case of commercial premises, leaving the notice 301 with the manager or other person in charge. 302 Section 12.Section 162.41, Florida Statutes, is created to 303 read: 304 162.41Code inspector body cameras; policies and 305 procedures. 306 (1)As used in this section, the term: 307 (a)Body camera means a portable electronic recording 308 device worn on a code inspectors person which records audio and 309 video data of the code inspectors encounters and activities. 310 (b)Code inspector has the same meaning as provided in s. 311 162.04. 312 (2)A governmental entity that permits its code inspectors 313 to wear body cameras must establish policies and procedures 314 addressing the proper use, maintenance, and storage of body 315 cameras and the data recorded by body cameras. The policies and 316 procedures must include all of the following: 317 (a)General guidelines for the proper use, maintenance, and 318 storage of body cameras. 319 (b)Any limitations on which code inspectors are permitted 320 to wear body cameras. 321 (c)Any limitations on code enforcement-related encounters 322 and activities in which code inspectors are permitted to wear 323 body cameras. A code inspector must be permitted to use a body 324 camera to record any encounter with a member of the public which 325 occurs while the inspector is performing his or her duties. 326 (d)General guidelines for the proper storage, retention, 327 and release of audio and video data recorded by body cameras. 328 (3)A governmental entity that permits its code inspectors 329 to wear body cameras shall: 330 (a)Ensure that all personnel who wear, use, maintain, or 331 store body cameras are trained in the governmental entitys body 332 camera policies and procedures. 333 (b)Retain audio and video data recorded by body cameras in 334 accordance with the requirements of s. 119.021, except as 335 otherwise provided by law. 336 (c)Perform a periodic review of actual body camera 337 practices to ensure conformity with the governmental entitys 338 body camera policies and procedures. 339 Section 13.Present paragraphs (a) through (g) of 340 subsection (1) of section 784.07, Florida Statutes, are 341 redesignated as paragraphs (b) through (h), respectively, a new 342 paragraph (a) is added to that subsection, and subsection (2) of 343 that section is amended, to read: 344 784.07Assault or battery of law enforcement officers and 345 other specified personnel; reclassification of offenses; minimum 346 sentences. 347 (1)As used in this section, the term: 348 (a)Code enforcement officer has the same meaning as in 349 s. 162.21(1) and includes a code inspector as defined in s. 350 162.04. 351 (2)Whenever any person is charged with knowingly 352 committing an assault or battery upon a law enforcement officer, 353 a firefighter, an emergency medical care provider, hospital 354 personnel, a railroad special officer, a traffic accident 355 investigation officer as described in s. 316.640, a nonsworn law 356 enforcement agency employee who is certified as an agency 357 inspector, a blood alcohol analyst, or a breath test operator 358 while such employee is in uniform and engaged in processing, 359 testing, evaluating, analyzing, or transporting a person who is 360 detained or under arrest for DUI, a law enforcement explorer, a 361 code enforcement officer, a traffic infraction enforcement 362 officer as described in s. 316.640, a parking enforcement 363 specialist as defined in s. 316.640, a person licensed as a 364 security officer as defined in s. 493.6101 and wearing a uniform 365 that bears at least one patch or emblem that is visible at all 366 times that clearly identifies the employing agency and that 367 clearly identifies the person as a licensed security officer, or 368 a security officer employed by the board of trustees of a 369 community college, while the officer, firefighter, emergency 370 medical care provider, hospital personnel, railroad special 371 officer, traffic accident investigation officer, traffic 372 infraction enforcement officer, inspector, analyst, operator, 373 law enforcement explorer, code enforcement officer, parking 374 enforcement specialist, public transit employee or agent, or 375 security officer is engaged in the lawful performance of his or 376 her duties, the offense for which the person is charged shall be 377 reclassified as follows: 378 (a)In the case of assault, from a misdemeanor of the 379 second degree to a misdemeanor of the first degree. 380 (b)In the case of battery, from a misdemeanor of the first 381 degree to a felony of the third degree. Notwithstanding any 382 other provision of law, a person convicted of battery upon a law 383 enforcement officer committed in furtherance of a riot or an 384 aggravated riot prohibited under s. 870.01 shall be sentenced to 385 a minimum term of imprisonment of 6 months. 386 (c)In the case of aggravated assault, from a felony of the 387 third degree to a felony of the second degree. Notwithstanding 388 any other provision of law, any person convicted of aggravated 389 assault upon a law enforcement officer shall be sentenced to a 390 minimum term of imprisonment of 3 years. 391 (d)In the case of aggravated battery, from a felony of the 392 second degree to a felony of the first degree. Notwithstanding 393 any other provision of law, any person convicted of aggravated 394 battery of a law enforcement officer shall be sentenced to a 395 minimum term of imprisonment of 5 years. 396 Section 14.Section 784.083, Florida Statutes, is amended 397 to read: 398 784.083Assault or battery on code inspectors.Whenever a 399 person is charged with committing an assault or aggravated 400 assault or a battery or aggravated battery upon a code 401 inspector, as defined in s. 162.04 s. 162.04(2), while the code 402 inspector is engaged in the lawful performance of his or her 403 duties and when the person committing the offense knows or has 404 reason to know the identity or employment of the victim, the 405 offense for which the person is charged shall be reclassified as 406 follows: 407 (1)In the case of aggravated battery, from a felony of the 408 second degree to a felony of the first degree. 409 (2)In the case of aggravated assault, from a felony of the 410 third degree to a felony of the first second degree. 411 (3)In the case of battery, from a misdemeanor of the first 412 degree to a felony of the first third degree. 413 (4)In the case of assault, from a misdemeanor of the 414 second degree to a felony misdemeanor of the third first degree. 415 Section 15.Paragraphs (d) and (f) of subsection (3) of 416 section 921.0022, Florida Statutes, are amended to read: 417 921.0022Criminal Punishment Code; offense severity ranking 418 chart. 419 (3)OFFENSE SEVERITY RANKING CHART 420 (d)LEVEL 4 421 422 FloridaStatute FelonyDegree Description 423 316.1935(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. 424 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 425 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 426 517.07(1) 3rd Failure to register securities. 427 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 428 784.031 3rd Battery by strangulation. 429 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 430 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 431 784.075 3rd Battery on detention or commitment facility staff. 432 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 433 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 434 784.081(3) 3rd Battery on specified official or employee. 435 784.082(3) 3rd Battery by detained person on visitor or other detainee. 436 784.083(3) 1st 3rd Battery on code inspector. 437 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 438 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 439 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 440 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 441 787.07 3rd Human smuggling. 442 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 443 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 444 790.115(2)(c) 3rd Possessing firearm on school property. 445 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 446 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 447 806.135 2nd Destroying or demolishing a memorial or historic property. 448 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 449 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 450 810.06 3rd Burglary; possession of tools. 451 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 452 810.145(3)(b) 3rd Digital voyeurism dissemination. 453 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 454 812.014(2)(c)4. &6.-10. 3rd Grand theft, 3rd degree; specified items. 455 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage. 456 812.014(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. 457 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 458 817.505(4)(a) 3rd Patient brokering. 459 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 460 817.568(2)(a) 3rd Fraudulent use of personal identification information. 461 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 462 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 463 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 464 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 465 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 466 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 467 837.02(1) 3rd Perjury in official proceedings. 468 837.021(1) 3rd Make contradictory statements in official proceedings. 469 838.022 3rd Official misconduct. 470 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 471 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 472 843.021 3rd Possession of a concealed handcuff key by a person in custody. 473 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 474 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 475 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 476 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 477 870.01(3) 2nd Aggravated rioting. 478 870.01(5) 2nd Aggravated inciting a riot. 479 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 480 893.13(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). 481 914.14(2) 3rd Witnesses accepting bribes. 482 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 483 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 484 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 485 918.12 3rd Tampering with jurors. 486 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 487 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 488 951.22(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. 489 (f)LEVEL 6 490 491 FloridaStatute FelonyDegree Description 492 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 493 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 494 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 495 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 496 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 497 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 498 775.0875(1) 3rd Taking firearm from law enforcement officer. 499 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 500 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 501 784.041 3rd Felony battery; domestic battery by strangulation. 502 784.048(3) 3rd Aggravated stalking; credible threat. 503 784.048(5) 3rd Aggravated stalking of person under 16. 504 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 505 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 506 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 507 784.081(2) 2nd Aggravated assault on specified official or employee. 508 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 509 784.083(2) 1st 2nd Aggravated assault on code inspector. 510 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 511 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 512 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 513 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 514 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 515 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 516 794.05(1) 2nd Unlawful sexual activity with specified minor. 517 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 518 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 519 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 520 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 521 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense. 522 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 523 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 524 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 525 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 526 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others. 527 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 528 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform. 529 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 530 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 531 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 532 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 533 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 534 825.102(1) 3rd Abuse of an elderly person or disabled adult. 535 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 536 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 537 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 538 827.03(2)(c) 3rd Abuse of a child. 539 827.03(2)(d) 3rd Neglect of a child. 540 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography. 541 828.126(3) 3rd Sexual activities involving animals. 542 836.05 2nd Threats; extortion. 543 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 544 843.12 3rd Aids or assists person to escape. 545 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 546 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 547 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 548 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 549 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 550 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 551 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 552 944.40 2nd Escapes. 553 944.46 3rd Harboring, concealing, aiding escaped prisoners. 554 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 555 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. 556 Section 16.This act shall take effect July 1, 2025.