Florida Senate - 2013 CS for SB 112
By the Committee on Judiciary; and Senator Dean
590-01979A-13 2013112c1
1 A bill to be entitled
2 An act relating to filing false documents against real
3 or personal property; creating s. 817.535, F.S.;
4 defining terms; prohibiting a person from filing or
5 causing to be filed, with intent to defraud another, a
6 document relating to the ownership, transfer, or
7 encumbrance of or claim against real or personal
8 property, or any interest in real or personal
9 property, which the person knows contains a material
10 misstatement or misrepresentations; providing criminal
11 penalties; establishing reclassified penalties that
12 increase criminal penalties for persons who commit the
13 specified offenses a second or more times, who are
14 convicted offenders who commit unlawful acts while
15 incarcerated in a jail or participating in community
16 correctional programs, and when the victim of the
17 offense is a public officer or employee under certain
18 circumstances; authorizing the court to issue
19 injunction; authorizing a court to seal specified
20 public or private records under certain circumstances;
21 providing that the subject of the false statements has
22 a cause of action against the perpetrator; providing
23 for actual and punitive damages; providing that the
24 prevailing party is entitled to costs and reasonable
25 attorney fees; providing duties of the custodian of
26 the official record; providing applicability;
27 requiring that attorney fees be paid to the government
28 agency that provides legal representation, under
29 certain circumstances; amending s. 843.0855, F.S.;
30 revising definitions; defining the term “public
31 officer or employee”; providing criminal penalties for
32 a person who impersonates a public official or
33 employee or who, under color of law, intimidates
34 certain specified officials; amending s. 921.0022,
35 F.S.; revising provisions of the offense severity
36 ranking chart of the Criminal Punishment Code to
37 conform to changes made by the act; providing an
38 effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 817.535, Florida Statutes, is created to
43 read:
44 817.535 Unlawful filing of false documents or records
45 against real or personal property.—
46 (1) As used in this section, the term:
47 (a) “File” means to present an instrument for recording in
48 an official record or to cause an instrument to be presented for
49 recording in an official record.
50 (b) “Filer” means the person who presents an instrument for
51 recording in an official record, or causes an instrument to be
52 presented for recording in an official record.
53 (c) “Instrument” means any judgment, mortgage, assignment,
54 pledge, lien, financing statement, encumbrance, deed, lease,
55 bill of sale, agreement, mortgage, notice of claim of lien,
56 notice of levy, promissory note, mortgage note, release, partial
57 release or satisfaction of any of the foregoing, or any other
58 document that relates to or attempts to restrict the ownership,
59 transfer, encumbrance of or claim against real or personal
60 property, or any interest in real or personal property.
61 (d) “Official record” means the series of instruments,
62 regardless of how they are maintained, which a clerk of the
63 circuit court, or any person or entity designated by general
64 law, special law, or county charter, is required or authorized
65 by law to record. The term also includes a series of instruments
66 pertaining to the Uniform Commercial Code filed with the
67 Secretary of State or with any entity under contract with the
68 Secretary of State to maintain Uniform Commercial Code records
69 and a database of judgment liens maintained by the Secretary of
70 State.
71 (e) “Public officer or employee” means, but is not limited
72 to:
73 1. A person elected or appointed to a state or federal
74 office, including any person serving on an advisory body, board,
75 commission, committee, council, or authority;
76 2. An employee of a state, county, municipal, political
77 subdivision, school district, educational institution, or
78 special district agency or entity, including all judges,
79 attorneys, law enforcement officers, deputy clerks of court, and
80 marshals;
81 3. A state or federal executive, legislative, or judicial
82 officer, employee, or volunteer authorized to perform actions or
83 services for any executive, legislative, or judicial office,
84 agency, officer, or employee;
85 4. A person who acts as a general or special magistrate,
86 auditor, arbitrator, umpire, referee, hearing officer, or
87 consultant to any state or local governmental entity; and
88 5. A person who is a candidate for public office or
89 judicial position.
90 (2)(a) A person who files or directs a filer to file, with
91 the intent to defraud or harass another, any instrument
92 containing a materially false, fictitious, or fraudulent
93 statement or representation that purports to affect the owner’s
94 interest in the property described in the instrument commits a
95 felony of the third degree, punishable as provided in s.
96 775.082, s. 775.083, or s. 775.084.
97 (b) A person who violates paragraph (a) a second or
98 subsequent time commits a felony of the second degree,
99 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
100 (3) If the owner of the property subject to the false
101 instrument is a public officer or employee, such offense shall
102 be reclassified as follows:
103 (a) In the case of a felony of the third degree, to a
104 felony of the second degree, punishable as provided in s.
105 775.082, s. 775.083, or s. 775.084.
106 (b) In the case of a felony of the second degree, to a
107 felony of the first degree, punishable as provided in s.
108 775.082, s. 775.083, or s. 775.084.
109 (4) If a person is convicted of violating subsection (2)
110 while incarcerated in a jail or correctional institution or
111 while participating in a pretrial diversion program under any
112 form of pretrial release or bond, on probation or parole, or
113 under any postrelease supervision, the offense for which the
114 person is convicted shall be reclassified as follows:
115 (a) In the case of a felony of the third degree, to a
116 felony of the second degree, punishable as provided in s.
117 775.082, s. 775.083, or s. 775.084.
118 (b) In the case of a felony of the second degree, to a
119 felony of the first degree, punishable as provided in s.
120 775.082, s. 775.083, or s. 775.084.
121
122 Any person convicted of violating this subsection while
123 incarcerated in a jail or correctional institution shall forfeit
124 all gain-time or any early release credits accumulated before
125 the date of the violation.
126 (5) If the owner of the property covered by the false
127 instrument incurs financial loss as a result of the instrument
128 being recorded in the official record, including costs and
129 attorney fees incurred in correcting, sealing, or removing the
130 false instrument from the official record as described herein,
131 such an offense shall be reclassified as follows:
132 (a) In the case of a felony of the third degree, to a
133 felony of the second degree, punishable as provided in s.
134 775.082, s. 775.083, or s. 775.084.
135 (b) In the case of a felony of the second degree, to a
136 felony of the first degree, punishable as provided in s.
137 775.082, s. 775.083, or s. 775.084.
138 (6) A person who fraudulently records a claim of lien in
139 the official records pursuant to part I of chapter 713 is
140 subject to the fraud provisions of s. 713.31 and not this
141 section.
142 (7) If a person is convicted of violating this section, the
143 court shall issue an order declaring the instrument forming the
144 basis of the conviction null and void and may enjoin the person
145 from filing any instrument in an official record absent prior
146 review and approval by a circuit or county court judge. The
147 court may also order the instrument forming the basis of the
148 conviction sealed from the official record and removed from any
149 applicable electronic database used for recording instruments in
150 the official record.
151 (8)(a) Any person adversely affected by an instrument filed
152 in the official record which contains a materially false,
153 fictitious, or fraudulent statement or representation has a
154 civil cause of action under this section without regard to
155 whether criminal charges are pursued under subsection (2). A
156 notice of lis pendens in accord with s. 48.23 shall be filed
157 which specifically describes the instrument under challenge and
158 the real or personal property affected by the instrument.
159 (b) Upon a finding that the instrument contains a
160 materially false, fictitious, or fraudulent statement or
161 representation such that the instrument does not establish a
162 legitimate property or lien interest in favor of another person,
163 the court shall enter judgment:
164 1. Determining whether the entire instrument or certain
165 parts thereof are null and void ab initio. If the court finds
166 the instrument void in its entirety, it may order the instrument
167 sealed from the official record and removed from any electronic
168 database used for indexing or locating instruments in the
169 official record.
170 2. Awarding actual damages and punitive damages upon a
171 finding of an intent to defraud or harass, awarding the person
172 adversely affected by the instrument a civil penalty of $2,500
173 for each instrument determined to be in violation of subsection
174 (2).
175 3. Enjoining the defendant who filed the instrument,
176 permanently or for a period of time, from filing any other
177 instrument in the official records without prior review and
178 approval for filing by a circuit or county court judge, provided
179 that as to third parties who may have given value for an
180 interest described or granted by any instrument filed in
181 violation of the injunction, the instrument shall be deemed
182 validly filed and provides constructive notice, notwithstanding
183 any failure to comply with the terms of the injunction.
184 4. Granting such other relief or remedy that the court
185 determines is just and proper within its sound judicial
186 discretion.
187 (c) The prevailing party in such a suit is entitled to
188 recover costs and reasonable attorney fees.
189 (d) The custodian of any official record shall, upon
190 payment of appropriate fees, provide a certified copy of the
191 sealed instrument to the party seeking relief under this section
192 for use in subsequent court proceedings, in addressing or
193 correcting adverse effects upon the person’s credit or property
194 rights, or reporting the matter for investigation and
195 prosecution; or in response to a subpoena seeking the instrument
196 for criminal investigative or prosecution purposes.
197 (e) Upon request, the custodian of any official record
198 shall, upon payment of appropriate fees, provide a certified
199 copy of the sealed instrument to any federal state or local law
200 enforcement agency.
201 (f) If feasible, the custodian of the official record where
202 the instrument is recorded shall record any court order finding
203 that the instrument is null and void in its entirety or in
204 certain parts thereof.
205 (g) An instrument removed from an electronic database used
206 for recording instruments in the public record pursuant to this
207 section shall be maintained in a manner in which the instrument
208 can be reduced to paper form.
209 (9) A government agency may provide legal representation to
210 a public officer or employee if the instrument at issue appears
211 to have been filed to defraud or harass the public officer or
212 employee on account of the performance in that officer’s or
213 employee’s official duties. If the public officer or employee is
214 the prevailing party, the award of reasonable attorney fees
215 shall be paid to the government agency that provided the legal
216 representation.
217 (10) This section does not apply to the procedures for
218 sealing or expunging criminal history records as provided in ss.
219 943.0585 and 943.059.
220 Section 2. Section 843.0855, Florida Statutes, is amended
221 to read:
222 843.0855 Criminal actions under color of law or through use
223 of simulated legal process.—
224 (1) As used in this section:
225 (a) The term “legal process” means a document or order
226 issued by a court or filed or recorded with an official court of
227 this state or the United States or with any official
228 governmental entity of this state or the United States for the
229 purpose of exercising jurisdiction or representing a claim
230 against a person or property, or for the purpose of directing a
231 person to appear before a court or tribunal, or to perform or
232 refrain from performing a specified act. “Legal process”
233 includes, but is not limited to, a summons, lien, complaint,
234 warrant, injunction, writ, notice, pleading, subpoena, or order.
235 (b) The term “person” means an individual, public or
236 private group incorporated or otherwise, legitimate or
237 illegitimate legal tribunal or entity, informal organization,
238 official or unofficial agency or body, or any group of
239 individuals associated in fact, whether a legal entity or not
240 assemblage of individuals.
241 (c) The term “public officer or employee” includes, but is
242 not limited to:
243 1. A person elected or appointed to a state or federal
244 office, including a person serving on an advisory body, board,
245 commission, committee, council, or authority;
246 2. An employee of a state, county, municipal, political
247 subdivision, school district, educational institution, or
248 special district agency or entity, including all judges,
249 attorneys, law enforcement officers, deputy clerks of court, or
250 marshals;
251 3. A state or federal executive, legislative, or judicial
252 officer, employee, or volunteer authorized to perform actions or
253 services for any executive, legislative, or judicial office,
254 agency, officer, or employee;
255 4. A person who acts as a general or special magistrate,
256 auditor, arbitrator, umpire, referee, hearing officer, or
257 consultant to any state or local governmental entity; and
258 5. A person who is a candidate for public office or
259 judicial position
260 (c) The term “public officer” means a public officer as
261 defined by s. 112.061.
262 (d) The term “public employee” means a public employee as
263 defined by s. 112.061.
264 (2) A Any person who deliberately impersonates or falsely
265 acts as a public officer or employee tribunal, public employee
266 or utility employee, including, but not limited to, marshals,
267 judges, prosecutors, sheriffs, deputies, court personnel, or any
268 law enforcement authority in connection with or relating to any
269 legal process affecting persons and property, or otherwise takes
270 any action under color of law against persons or property,
271 commits a felony of the third degree, punishable as provided in
272 s. 775.082, or s. 775.083, or s. 775.084. It is the intent of
273 the Legislature that this section applies if a person acts as an
274 officer or employee purporting to supersede or override any
275 legislation or statute of this state, or to supersede or
276 override any action of any court, of this state.
277 (3) A Any person who simulates legal process, including,
278 but not limited to, actions affecting title to real estate or
279 personal property, indictments, subpoenas, warrants,
280 injunctions, liens, orders, judgments, or any legal documents or
281 proceedings, knowing or having reason to know the contents of
282 any such documents or proceedings or the basis for any action to
283 be fraudulent, commits a felony of the third degree, punishable
284 as provided in s. 775.082, or s. 775.083, or s. 775.084.
285 (4) A Any person who falsely under color of law attempts in
286 any way to influence, intimidate, harass, retaliate against, or
287 hinder a public officer or employee involving or law enforcement
288 officer in the discharge of his or her official duties by means
289 of, but not limited to, threats of or actual physical abuse or
290 harassment, or through the use of simulated legal process,
291 commits a felony of the third degree, punishable as provided in
292 s. 775.082, or s. 775.083, or s. 775.084.
293 (5)(a) Nothing in This section does not shall make unlawful
294 any act of any law enforcement officer or legal tribunal which
295 is performed under lawful authority.
296 (b) Nothing in This section does not shall prohibit
297 individuals from assembling freely to express opinions or
298 designate group affiliation or association.
299 (c) Nothing in This section does not shall prohibit or in
300 any way limit a person’s lawful and legitimate access to the
301 courts or prevent a person from instituting or responding to
302 legitimate and lawful legal process.
303 Section 3. Paragraphs (g) through (i) of subsection (3) of
304 section 921.0022, Florida Statutes, are amended to read:
305 921.0022 Criminal Punishment Code; offense severity ranking
306 chart.—
307 (3) OFFENSE SEVERITY RANKING CHART
308 (g) LEVEL 7
309 FloridaStatute FelonyDegree Description
310 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
311 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
312 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
313 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
314 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
315 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
316 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
317 456.065(2) 3rd Practicing a health care profession without a license.
318 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
319 458.327(1) 3rd Practicing medicine without a license.
320 459.013(1) 3rd Practicing osteopathic medicine without a license.
321 460.411(1) 3rd Practicing chiropractic medicine without a license.
322 461.012(1) 3rd Practicing podiatric medicine without a license.
323 462.17 3rd Practicing naturopathy without a license.
324 463.015(1) 3rd Practicing optometry without a license.
325 464.016(1) 3rd Practicing nursing without a license.
326 465.015(2) 3rd Practicing pharmacy without a license.
327 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
328 467.201 3rd Practicing midwifery without a license.
329 468.366 3rd Delivering respiratory care services without a license.
330 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
331 483.901(9) 3rd Practicing medical physics without a license.
332 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
333 484.053 3rd Dispensing hearing aids without a license.
334 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
335 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
336 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
337 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
338 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
339 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
340 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
341 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
342 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
343 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
344 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
345 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
346 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
347 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
348 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
349 784.048(7) 3rd Aggravated stalking; violation of court order.
350 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
351 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
352 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
353 784.081(1) 1st Aggravated battery on specified official or employee.
354 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
355 784.083(1) 1st Aggravated battery on code inspector.
356 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
357 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
358 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
359 790.16(1) 1st Discharge of a machine gun under specified circumstances.
360 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
361 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
362 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
363 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
364 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
365 794.08(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.
366 796.03 2nd Procuring any person under 16 years for prostitution.
367 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
368 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
369 806.01(2) 2nd Maliciously damage structure by fire or explosive.
370 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
371 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
372 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
373 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
374 812.014(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.
375 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
376 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
377 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
378 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
379 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
380 812.131(2)(a) 2nd Robbery by sudden snatching.
381 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
382 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
383 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
384 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
385 817.2341 (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.
386 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
387 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
388 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
389 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
390 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
391 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
392 838.015 2nd Bribery.
393 838.016 2nd Unlawful compensation or reward for official behavior.
394 838.021(3)(a) 2nd Unlawful harm to a public servant.
395 838.22 2nd Bid tampering.
396 843.0855(2) 2nd Impersonation of public officer or tribunal.
397 843.0855(3) 3rd Unlawful simulation of legal process.
398 843.0855(4) 3rd Intimidation of public officer or tribunal.
399 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
400 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
401 872.06 2nd Abuse of a dead human body.
402 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
403 893.13(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)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
404 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
405 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
406 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
407 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
408 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
409 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
410 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
411 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
412 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
413 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
414 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
415 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
416 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
417 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
418 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
419 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
420 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
421 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
422 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
423 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
424 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
425 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
426 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
427 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
428 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
429 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
430 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
431 (h) LEVEL 8
432 FloridaStatute FelonyDegree Description
433 316.193 (3)(c)3.a. 2nd DUI manslaughter.
434 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
435 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
436 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
437 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
438 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
439 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
440 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
441 777.03(2)(a) 1st Accessory after the fact, capital felony.
442 782.04(4) 2nd Killing of human without design when engaged in act or attempt 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.
443 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
444 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
445 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
446 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
447 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
448 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
449 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
450 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
451 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
452 800.04(4) 2nd Lewd or lascivious battery.
453 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
454 810.02(2)(a) 1st,PBL Burglary with assault or battery.
455 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
456 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
457 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
458 812.13(2)(b) 1st Robbery with a weapon.
459 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
460 817.535(2)(b) 2nd Second or subsequent offense issuing or filing false document.
461 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner public officer or employee.
462 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
463 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
464 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
465 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
466 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
467 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
468 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
469 860.16 1st Aircraft piracy.
470 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
471 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
472 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
473 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
474 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
475 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
476 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
477 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
478 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
479 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
480 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
481 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
482 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
483 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
484 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
485 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
486 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
487 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
488 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
489 (i) LEVEL 9
490 FloridaStatute FelonyDegree Description
491 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
492 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
493 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
494 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
495 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
496 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
497 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
498 775.0844 1st Aggravated white collar crime.
499 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
500 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
501 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
502 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
503 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
504 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
505 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
506 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
507 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
508 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
509 787.06(4) 1st Selling or buying of minors into human trafficking.
510 790.161 1st Attempted capital destructive device offense.
511 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
512 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
513 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
514 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
515 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
516 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
517 796.035 1st Selling or buying of minors into prostitution.
518 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
519 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
520 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
521 812.135(2)(b) 1st Home-invasion robbery with weapon.
522 817.535(3)(b) 1st Property owner is public official or employee.
523 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
524 827.03(2)(a) 1st Aggravated child abuse.
525 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
526 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
527 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
528 893.135 1st Attempted capital trafficking offense.
529 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
530 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
531 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
532 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
533 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
534 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
535 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
536 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
537 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
538 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
539 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
540
541 Section 4. This act shall take effect October 1, 2013.