May 22, 2019
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       Florida Senate - 2010                                    SB 2318
       
       
       
       By Senator Storms
       
       
       
       
       10-01711-10                                           20102318__
    1                        A bill to be entitled                      
    2         An act relating to forfeiture of property; amending s.
    3         895.02, F.S.; defining the term “prosecuting
    4         authority” for purposes of the Florida RICO Act;
    5         creating s. 895.025, F.S.; providing that the act be
    6         liberally construed to achieve the remedial purposes
    7         of curtailing racketeering activities and lessening
    8         the economic power of criminal organizations engaged
    9         in patterns of racketeering activities in this state;
   10         creating s. 895.041, F.S.; providing that in addition
   11         to any criminal penalties imposed on a person due to a
   12         pattern of racketeering activities, the person shall
   13         forfeit to the state any interest in property that he
   14         or she has acquired in violation of the racketeering
   15         laws, including property of an enterprise that the
   16         person has established, operated, or controlled, and
   17         property derived from proceeds that the person
   18         obtained, directly or indirectly, from racketeering
   19         activities or unlawful debt collection practices;
   20         providing that property subject to forfeiture vests in
   21         the state when the person commits the act that
   22         violates the racketeering laws; authorizing a court to
   23         issue a temporary injunction, require the execution of
   24         a satisfactory performance bond, or to take any other
   25         action to preserve the availability and quality of the
   26         property that is subject to forfeiture; providing that
   27         the state may apply for a temporary restraining order,
   28         without notice or opportunity for a hearing by the
   29         defendant, under certain circumstances; requiring the
   30         temporary restraining order to expire within a
   31         specified period, unless extended for good cause
   32         shown; requiring the court, upon the conviction of the
   33         defendant, to enter an order forfeiting the property
   34         to the state and authorizing the prosecuting authority
   35         to seize all forfeited property upon such terms and
   36         conditions as the court deems proper; requiring the
   37         prosecuting authority to dispose of the forfeited
   38         property by sale or any other commercially feasible
   39         means, making due provision for the rights of any
   40         innocent persons; authorizing the prosecuting
   41         authority to dispose of forfeited property by
   42         specified means; authorizing the Attorney General to
   43         adopt rules; prohibiting a party claiming an interest
   44         in property that is subject to forfeiture from
   45         intervening in a trial or appeal of a criminal case
   46         involving the forfeited property or commencing an
   47         action at law or equity against the state concerning
   48         the validity of his or her claimed interest in the
   49         forfeited property; providing an exception; requiring
   50         the state to publish notice of the forfeiture order
   51         and of its intent to dispose of the forfeited
   52         property; providing that the state may also, to the
   53         extent practicable, provide direct written notice to
   54         any person who is known to claim an interest in the
   55         forfeited property; providing that any person, other
   56         than the defendant, who asserts a claim to the
   57         forfeited property may petition the court for a
   58         hearing to adjudicate the validity of his or her claim
   59         to the forfeited property; providing that the hearing
   60         be conducted without a jury; permitting the petitioner
   61         to testify and present evidence and witnesses on his
   62         or her own behalf and cross-examine witnesses who
   63         appear at the hearing; requiring the petitioner to
   64         prove by a preponderance of the evidence that he or
   65         she has a legal claim or interest in the forfeited
   66         property superior to the state or any other person or
   67         that the petitioner is a bona fide purchaser; amending
   68         s. 896.101, F.S.; defining the term “proceeds” for
   69         purposes of the Florida Money Laundering Act;
   70         providing that a person who, without permission,
   71         notifies another person of certain specified
   72         forfeiture information is subject to a fine for each
   73         unauthorized disclosure; amending s. 560.125, F.S.,
   74         relating to penalties for unlicensed activities;
   75         conforming provisions to changes made by the act;
   76         amending s. 665.50, F.S.; defining the term “proceeds”
   77         for purposes of the Florida Control of Money
   78         Laundering in Financial Institutions Act; conforming
   79         provisions to changes made by the act; amending s.
   80         923.03, F.S.; providing that a judgment of forfeiture
   81         may not be entered in a criminal proceeding unless the
   82         indictment or the information provides notice that the
   83         defendant has an interest in property that is subject
   84         to forfeiture in accordance with the applicable
   85         statute; amending s. 921.0022, F.S., relating to the
   86         offense severity ranking chart of the Criminal
   87         Punishment Code; conforming provisions to changes made
   88         by the act; providing an effective date.
   89  
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Subsection (13) is added to section 895.02,
   93  Florida Statutes, to read:
   94         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
   95         (13)“Prosecuting authority” means the Attorney General,
   96  any state attorney, or the statewide prosecutor.
   97         Section 2. Section 895.025, Florida Statutes, is created to
   98  read:
   99         895.025Construction of law.—The provisions of this chapter
  100  shall be liberally construed to achieve the remedial purposes of
  101  curtailing racketeering activities and crimes involving
  102  controlled substance and lessening the economic power of
  103  criminal organizations engaged in patterns of racketeering
  104  activities in this state.
  105         Section 3. Section 895.041, Florida Statutes, is created to
  106  read:
  107         895.041Criminal forfeiture.—
  108         (1)In addition to any criminal penalties imposed, a person
  109  convicted of engaging in a pattern of racketeering activity or
  110  collecting an unlawful debt shall forfeit to the state,
  111  irrespective of any other provision of law, any:
  112         (a)Interest acquired or maintained in property in
  113  violation of s. 895.03;
  114         (b)Interest in, security of, claim against, or property or
  115  contractual right of any kind affording a source of influence
  116  over an enterprise that the person has established, operated,
  117  controlled, or conducted, or in which the person participated,
  118  all in violation of s. 895.03; or
  119         (c)Property derived from any proceeds obtained, directly
  120  or indirectly, from a pattern of racketeering activity or
  121  through collecting an unlawful debt in violation of s. 895.03.
  122  
  123  When imposing sentence, the court shall order that the person
  124  forfeit all property described in this section. In lieu of a
  125  fine otherwise authorized by this chapter, a person who derives
  126  proceeds from a violation of this chapter may be fined not more
  127  than three times the amount of the gross profits or other
  128  proceeds received by the person.
  129         (2)Property subject to forfeiture under this section
  130  includes:
  131         (a)Real property, including things growing on, affixed to,
  132  and found in the land; and
  133         (b)Tangible and intangible personal property, including
  134  rights, privileges, interests, claims, and securities.
  135         (3)All right, title, and interest in property described in
  136  subsection (1) vests in the state at the time the person commits
  137  the act that violates s. 895.03. Any property vested in the
  138  state which is subsequently transferred to a person other than
  139  the defendant may be ordered forfeited to the state. However, if
  140  at the time of purchase the person was reasonably without cause
  141  to believe that the property was subject to forfeiture and if
  142  the person purchased the property for value, he or she is a bona
  143  fide purchaser and the property is not subject to forfeiture.
  144         (4)The court may order an injunction, require the
  145  execution of a satisfactory performance bond, or take any other
  146  action to preserve the availability and quality of the property
  147  that is subject to forfeiture under this section.
  148         (a)Upon the filing of an indictment or information
  149  charging a violation of s. 895.03, or before the filing of an
  150  indictment or information, the court may enter a temporary
  151  injunction ordering that the property be protected and
  152  sequestered if, after notice to persons appearing to have an
  153  interest in the property and an opportunity for a hearing, the
  154  prosecuting authority demonstrates that:
  155         1.There is a substantial probability that the state will
  156  prevail on the matter of forfeiture and that a failure to enter
  157  a temporary injunction against the defendant will result in the
  158  property being degraded or destroyed, removed from the
  159  jurisdiction of the court, or otherwise made unavailable for
  160  forfeiture; and
  161         2.The need to preserve the quality and availability of the
  162  property through the entry of a court order outweighs the
  163  hardship on any party against whom the order is to be entered.
  164  
  165  An order entered under this paragraph expires no later than 90
  166  days after the injunction is issued, unless extended by the
  167  court for good cause shown or unless an indictment or
  168  information is filed.
  169         (b)If, before an information or indictment has been filed,
  170  the prosecuting authority demonstrates that there is probable
  171  cause to believe that the property with respect to which the
  172  temporary restraining order is sought would, in the event of
  173  conviction, be subject to forfeiture and that providing notice
  174  to the defendants before forfeiture of the property will
  175  jeopardize the quality and availability of the property for
  176  forfeiture, a court may issue a temporary restraining order
  177  without notice or opportunity for a hearing. The temporary
  178  restraining order expires no later than 10 days after the date
  179  the temporary restraining order is issued unless extended for
  180  good cause shown or unless the party against whom the temporary
  181  restraining order is entered consents to an extension for a
  182  longer period. If a hearing is requested concerning a temporary
  183  restraining order entered under this paragraph, it shall be held
  184  before the expiration of the temporary restraining order.
  185  
  186  At a hearing held pursuant to this paragraph, the court may
  187  receive and consider evidence and information that would be
  188  inadmissible under the Florida Rules of Evidence.
  189         (5)Upon the conviction of a person under s. 895.03, the
  190  court shall:
  191         (a)1.Enter an order forfeiting the property of the
  192  defendant to the state; and
  193         2.Order the prosecuting authority to seize all property of
  194  the defendant upon such terms and conditions as the court deems
  195  proper.
  196         (b)After ordering the property forfeited, the court may,
  197  at the request of the prosecuting authority, enter other orders
  198  necessary to protect the property, including requiring the
  199  execution of satisfactory performance bonds, appointing
  200  receivers, conservators, appraisers, accountants, or trustees,
  201  or taking any other appropriate action to protect the forfeited
  202  property. Any income accruing to, or derived from, an enterprise
  203  or an interest in an enterprise that has been ordered forfeited
  204  under this section may be used to offset ordinary and necessary
  205  expenses of the enterprise which are required by law, or which
  206  are necessary to protect the interests of the state or of third
  207  parties.
  208         (6)(a)After seizing the property ordered forfeited under
  209  this section, the prosecuting authority shall dispose of the
  210  property by sale or any other commercially feasible means,
  211  making due provision for the rights of innocent persons.
  212         (b)Any property right or interest not exercisable by, or
  213  transferable for value to, the state shall expire and does not
  214  revert to the defendant. The defendant and any person acting in
  215  concert with or on behalf of the defendant, is not eligible to
  216  purchase forfeited property at any sale held by the state. If a
  217  person other than the defendant or a person acting in concert
  218  with or on behalf of the defendant demonstrates that continuing
  219  with the sale or disposition of the property will result in
  220  irreparable injury, harm, or loss to that person, the court may
  221  restrain or stay the sale or disposition of the property pending
  222  the conclusion of any appeal of the criminal case giving rise to
  223  the forfeiture. The proceeds of any sale or disposition of
  224  property forfeited under this section and any moneys forfeited
  225  shall be used to pay all proper expenses for the forfeiture and
  226  the sale, including expenses of seizure, maintenance and custody
  227  of the property pending its disposition, advertising, and court
  228  costs. The prosecuting authority shall deposit any amount of
  229  such proceeds or moneys remaining after the payment of such
  230  expenses into the General Revenue Fund.
  231         (7)With respect to forfeited property, the prosecuting
  232  authority may:
  233         (a)Grant petitions for mitigation or remission of
  234  forfeiture, restore forfeited property to victims of a violation
  235  of this chapter, or take any other action to protect the rights
  236  of innocent persons which is in the interest of justice and
  237  which is not inconsistent with the provisions of this chapter.
  238         (b)Compromise claims arising under this section.
  239         (c)Award compensation to persons providing information
  240  resulting in a forfeiture under this section.
  241         (d)Direct the disposition by the state of all forfeited
  242  property by public sale or any other commercially feasible
  243  means, making due provision for the rights of innocent persons.
  244         (e)Take appropriate measures necessary to safeguard and
  245  maintain property ordered forfeited under this section pending
  246  its disposition.
  247         (8)The Attorney General may adopt rules relating to:
  248         (a)Making reasonable efforts to provide notice to persons
  249  who may have an interest in property ordered forfeited under
  250  this section;
  251         (b)Granting petitions for remission or mitigation of
  252  forfeiture;
  253         (c)Returning property to victims of an offense petitioning
  254  for remission or mitigation of forfeiture under this chapter;
  255         (d)Disposing the forfeited property by public sale or
  256  other commercially feasible means;
  257         (e)Maintaining and safekeeping forfeited property pending
  258  its disposition; and
  259         (f)Compromising claims arising under this chapter.
  260         (9)Except as provided in subsection (12), a person
  261  claiming an interest in property subject to forfeiture under
  262  this section may not:
  263         (a)Intervene in a trial or appeal of a criminal case
  264  involving the forfeiture of property under this section; or
  265         (b)Commence an action against the state concerning the
  266  validity of a person’s claim in the property after the filing of
  267  an indictment or information alleging that the property is
  268  subject to forfeiture.
  269         (10)A circuit court has jurisdiction to enter orders as
  270  provided in this section without regard to the location of any
  271  property that may be subject to forfeiture or that has been
  272  ordered forfeited under this section.
  273         (11)In order to facilitate the identification or location
  274  of property that has been ordered forfeited and to facilitate
  275  the disposition of petitions for remission or mitigation of
  276  forfeiture, a court that orders the forfeiture of property to
  277  the state may order that the testimony of any witness relating
  278  to the property be taken by deposition and that any designated
  279  book, paper, document, record, recording, or other material that
  280  is not subject to privilege be produced at the time and place of
  281  the deposition, in the same manner as provided for the taking of
  282  depositions under Rule 3.220, Florida Rules of Criminal
  283  Procedure.
  284         (12)(a)After the court enters an order forfeiting property
  285  under this section, the state shall publish notice of the order
  286  and of its intent to dispose of the property in such manner as
  287  the prosecuting authority may direct. The state may also, to the
  288  extent practicable, provide direct written notice to any person
  289  known to have claimed an interest in the property that is the
  290  subject of the order of forfeiture as a substitute for published
  291  notice as to those persons so notified.
  292         (b)Any person, other than the defendant, who claims a
  293  legal interest in property that has been ordered forfeited to
  294  the state may, within 30 days after the final publication of
  295  notice or his or her receipt of notice under paragraph (a),
  296  whichever occurs sooner, petition the court for a hearing to
  297  adjudicate the validity of his or her claim to the forfeited
  298  property. The hearing shall be held before the court alone,
  299  without a jury.
  300         (c)The petition must be signed by the petitioner under
  301  penalty of perjury and shall set forth the nature and extent of
  302  the petitioner’s right, title, or interest in the property, the
  303  time and circumstances of the petitioner’s acquisition of the
  304  right, title, or interest in the property, any additional facts
  305  supporting the petitioner’s claim, and the relief sought.
  306         (d)The hearing on the petition shall, to the extent
  307  practicable, be held within 30 days after the petition is filed.
  308  The court may consolidate the hearing on the petition with a
  309  hearing on any other petition filed by a person other than the
  310  defendant.
  311         (e)At the hearing, the petitioner may testify, present
  312  evidence and witnesses on his or her behalf, and cross-examine
  313  witnesses who appear at the hearing. The state may present
  314  evidence and witnesses in rebuttal and in defense of its claim
  315  to the property and may cross-examine witnesses who appear at
  316  the hearing. In addition to testimony and evidence presented at
  317  the hearing, the court shall consider the relevant portions of
  318  the record of the criminal case that resulted in the order of
  319  forfeiture.
  320         (f)After the hearing, the court shall determine whether
  321  the petitioner has proven by a preponderance of the evidence
  322  that:
  323         1.The petitioner has a legal right, title, or interest in
  324  the property, and that the petitioner’s right, title, or
  325  interest renders the order of forfeiture invalid in whole or in
  326  part because it was vested in the petitioner rather than in the
  327  defendant or was superior to any right, title, or interest of
  328  the defendant at the time of the commission of the acts that
  329  gave rise to the forfeiture of the property under this section;
  330  or
  331         2.The petitioner is a bona fide purchaser for value of the
  332  right, title, or interest in the property and was at the time of
  333  purchase reasonably without cause to believe that the property
  334  was subject to forfeiture,
  335  
  336  and the court shall amend the order of forfeiture according to
  337  its determination.
  338         (g)Following the court’s disposition of all petitions
  339  filed under this subsection, or if no such petition is timely
  340  filed, the state shall have clear title to the forfeited
  341  property and may warrant good title to any subsequent purchaser
  342  or transferee.
  343         (13)If any of the property described in subsection (1) is
  344  protected by s. 6, Art. VII of the State Constitution; cannot be
  345  located upon the exercise of due diligence as a result of any
  346  act or omission of the defendant; has been transferred, sold to,
  347  or deposited with a third party; has been placed beyond the
  348  jurisdiction of the court; has been substantially diminished in
  349  value; or has been commingled with other property that cannot be
  350  divided without difficulty, the court shall order the forfeiture
  351  of any other property of the defendant up to the value of any
  352  such protected or unavailable property.
  353         Section 4. Paragraph (j) is added to subsection (2) of
  354  section 896.101, Florida Statutes, and subsections (5) and (10)
  355  of that section are amended, to read:
  356         896.101 Florida Money Laundering Act; definitions;
  357  penalties; injunctions; seizure warrants; immunity.—
  358         (2) As used in this section, the term:
  359         (j)“Proceeds” means any property derived from or obtained
  360  or retained, directly or indirectly, through some form of
  361  unlawful activity, including the gross receipts of such
  362  activity.
  363         (5) A person who violates or causes another to violate this
  364  section, if the violation involves:
  365         (a) Financial transactions valued at less than $20,000,
  366  exceeding $300 but less than $20,000 in any 12-month period,
  367  commits a felony of the third degree, punishable as provided in
  368  s. 775.082, s. 775.083, or s. 775.084.
  369         (b) Financial transactions valued at totaling or exceeding
  370  $20,000 or more but less than $100,000 in any 12-month period,
  371  commits a felony of the second degree, punishable as provided in
  372  s. 775.082, s. 775.083, or s. 775.084.
  373         (c) Financial transactions valued at totaling or exceeding
  374  $100,000 or more in any 12-month period, commits a felony of the
  375  first degree, punishable as provided in s. 775.082, s. 775.083,
  376  or s. 775.084.
  377         (10) Any financial institution, licensed money services
  378  business, or other person served with and complying with the
  379  terms of a warrant, temporary injunction, or other court order,
  380  including any subpoena issued under s. 16.56 or s. 27.04,
  381  obtained in furtherance of an investigation of any crime in this
  382  section, including any crime specified listed as specified
  383  unlawful activity under this section or any felony violation of
  384  chapter 560, has immunity from criminal liability and is not
  385  liable to any person for any lawful action taken in complying
  386  with the warrant, temporary injunction, or other court order,
  387  including any subpoena issued under s. 16.56 or s. 27.04. If a
  388  any subpoena issued under s. 16.56 or s. 27.04 contains a
  389  nondisclosure provision, it is unlawful for any financial
  390  institution or, licensed money services business, employee or
  391  officer of a financial institution or licensed money services
  392  business, or any other person to may not notify, directly or
  393  indirectly, any customer of that financial institution or money
  394  services business whose records are being sought by the
  395  subpoena, or any other person named in the subpoena, about the
  396  existence or the contents of that subpoena, or of the
  397  investigation, or about information that has been furnished in
  398  response to the subpoena to the state attorney, the or statewide
  399  prosecutor who issued the subpoena, or other law enforcement
  400  officer named in the subpoena in response to the subpoena.
  401  However, an entity or person whose testimony is sought in the
  402  matter is not precluded from consulting with an attorney
  403  regarding that testimony. Any person who violates a
  404  nondisclosure provision contained in a warrant, temporary
  405  injunction, or other court order, including a subpoena issued
  406  under s. 16.56 or s. 27.04, shall be fined $5,000 for each
  407  unauthorized notification.
  408         Section 5. Subsection (5) of section 560.125, Florida
  409  Statutes, is amended to read:
  410         560.125 Unlicensed activity; penalties.—
  411         (5) A person who violates or causes another to violate this
  412  section, if the violation involves:
  413         (a) Currency or payment instruments valued at exceeding
  414  $300 but less than $20,000 in any 12-month period, commits a
  415  felony of the third degree, punishable as provided in s.
  416  775.082, s. 775.083, or s. 775.084.
  417         (b) Currency or payment instruments valued at totaling or
  418  exceeding $20,000 but less than $100,000 in any 12-month period,
  419  commits a felony of the second degree, punishable as provided in
  420  s. 775.082, s. 775.083, or s. 775.084.
  421         (c) Currency or payment instruments valued at totaling or
  422  exceeding $100,000 or more in any 12-month period, commits a
  423  felony of the first degree, punishable as provided in s.
  424  775.082, s. 775.083, or s. 775.084.
  425         Section 6. Paragraph (h) is added to subsection (3) of
  426  section 655.50, Florida Statutes, and subsection (10) of that
  427  section is amended, to read:
  428         655.50 Florida Control of Money Laundering in Financial
  429  Institutions Act; reports of transactions involving currency or
  430  monetary instruments; when required; purpose; definitions;
  431  penalties.—
  432         (3) As used in this section, the term:
  433         (h)“Proceeds” means any property derived from or obtained
  434  or retained, directly or indirectly, through some form of
  435  unlawful activity, including the gross receipts of such
  436  activity.
  437         (10)(a) Except as provided in paragraph (b), a person who
  438  willfully violates any provision of this section is guilty of a
  439  misdemeanor of the first degree, punishable as provided in s.
  440  775.082 or s. 775.083.
  441         (b) A person who willfully violates or knowingly causes
  442  another to violate any provision of this section, when the
  443  violation involves:
  444         1. Financial transactions valued at totaling or exceeding
  445  $300 but less than $20,000 in any 12-month period, commits is
  446  guilty of a felony of the third degree, punishable as provided
  447  in s. 775.082 or s. 775.083; or
  448         2. Financial transactions valued at totaling or exceeding
  449  $20,000 or more but less than $100,000 commits in any 12-month
  450  period is guilty of a felony of the second degree, punishable as
  451  provided in s. 775.082 or s. 775.083; or
  452         3. Financial transactions valued at totaling or exceeding
  453  $100,000 or more commits in any 12-month period is guilty of a
  454  felony of the first degree, punishable as provided in s. 775.082
  455  or s. 775.083.
  456         (c) In addition to the penalties otherwise authorized by
  457  ss. 775.082 and 775.083, a person who has been convicted of or
  458  who has pleaded guilty or nolo contendere to having violated
  459  paragraph (b) may be sentenced to pay a fine not exceeding
  460  $250,000 or twice the value of the financial transaction,
  461  whichever is greater, except that on a second or subsequent
  462  conviction for or plea of guilty or nolo contendere to a
  463  violation of paragraph (b), the fine may be up to $500,000 or
  464  quintuple the value of the financial transaction, whichever is
  465  greater.
  466         (d) A financial institution as defined in s. 655.005 that
  467  willfully violates this section is also liable for a civil
  468  penalty of not more than the greater of the value of the
  469  financial transaction involved or $25,000. However, the civil
  470  penalty may not exceed $100,000.
  471         (e) A person other than a financial institution as defined
  472  in s. 655.005 who violates this section is also liable for a
  473  civil penalty of not more than the greater of the value of the
  474  financial transaction involved or $25,000.
  475         Section 7. Subsection (3) is added to section 923.03,
  476  Florida Statutes, to read:
  477         923.03 Indictment and information.—
  478         (3)A judgment of forfeiture may not be entered in a
  479  criminal proceeding unless the indictment or the information
  480  provides notice that the defendant has an interest in property
  481  that is subject to forfeiture in accordance with the applicable
  482  statute.
  483         Section 8. Paragraph (g) of subsection (3) of section
  484  921.0022, Florida Statutes, is amended to read:
  485         921.0022 Criminal Punishment Code; offense severity ranking
  486  chart.—
  487         (3) OFFENSE SEVERITY RANKING CHART
  488         (g) LEVEL 7
  489  FloridaStatute     FelonyDegree               Description               
  490  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
  491  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
  492  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.
  493  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
  494  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  495  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
  496  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
  497  456.065(2)         3rd      Practicing a health care profession without a license.
  498  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
  499  458.327(1)         3rd      Practicing medicine without a license.   
  500  459.013(1)         3rd      Practicing osteopathic medicine without a license.
  501  460.411(1)         3rd      Practicing chiropractic medicine without a license.
  502  461.012(1)         3rd      Practicing podiatric medicine without a license.
  503  462.17             3rd      Practicing naturopathy without a license.
  504  463.015(1)         3rd      Practicing optometry without a license.  
  505  464.016(1)         3rd      Practicing nursing without a license.    
  506  465.015(2)         3rd      Practicing pharmacy without a license.   
  507  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
  508  467.201            3rd      Practicing midwifery without a license.  
  509  468.366            3rd      Delivering respiratory care services without a license.
  510  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
  511  483.901(9)         3rd      Practicing medical physics without a license.
  512  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
  513  484.053            3rd      Dispensing hearing aids without a license.
  514  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.
  515  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.
  516  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  517  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  518  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  519  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
  520  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  521  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  522  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  523  782.071            2nd      Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  524  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  525  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
  526  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
  527  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
  528  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
  529  784.048(7)         3rd      Aggravated stalking; violation of court order.
  530  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
  531  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
  532  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
  533  784.081(1)         1st      Aggravated battery on specified official or employee.
  534  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
  535  784.083(1)         1st      Aggravated battery on code inspector.    
  536  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  537  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
  538  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
  539  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  540  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  541  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  542  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  543  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.
  544  796.03             2nd      Procuring any person under 16 years for prostitution.
  545  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  546  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.
  547  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
  548  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
  549  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
  550  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
  551  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
  552  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.
  553  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  554  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  555  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  556  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  557  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  558  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  559  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  560  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  561  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  562  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  563  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.
  564  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  565  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.
  566  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  567  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  568  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  569  838.015            2nd      Bribery.                                 
  570  838.016            2nd      Unlawful compensation or reward for official behavior.
  571  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  572  838.22             2nd      Bid tampering.                           
  573  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  574  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  575  872.06             2nd      Abuse of a dead human body.              
  576  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  577  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.
  578  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.
  579  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).
  580  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  581  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  582  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  583  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  584  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  585  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  586  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  587  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  588  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  589  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  590  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  591  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  592  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  593  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  594  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  595  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  596  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  597  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  598  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  599  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  600  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  601  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  602  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  603  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  604  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  605         Section 9. This act shall take effect July 1, 2010.

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