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The Florida Statutes

The 2004 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
Section 921.0022, Florida Statutes 2004

1921.0022  Criminal Punishment Code; offense severity ranking chart.--

(1)  The offense severity ranking chart must be used with the Criminal Punishment Code worksheet to compute a sentence score for each felony offender whose offense was committed on or after October 1, 1998.

(2)  The offense severity ranking chart has 10 offense levels, ranked from least severe, which are level 1 offenses, to most severe, which are level 10 offenses, and each felony offense is assigned to a level according to the severity of the offense. For purposes of determining which felony offenses are specifically listed in the offense severity ranking chart and which severity level has been assigned to each of these offenses, the numerical statutory references in the left column of the chart and the felony degree designations in the middle column of the chart are controlling; the language in the right column of the chart is provided solely for descriptive purposes. Reclassification of the degree of the felony through the application of s. 775.0845, s. 775.087, s. 775.0875, s. 794.023, or any other law that provides an enhanced penalty for a felony offense, to any offense listed in the offense severity ranking chart in this section shall not cause the offense to become unlisted and is not subject to the provisions of s. 921.0023.

(3)  OFFENSE SEVERITY RANKING CHART
Florida
Statute
Felony
Degree
Description
(a)  LEVEL 1
24.118(3)(a) 3rdCounterfeit or altered state lottery ticket.
212.054(2)(b) 3rdDiscretionary sales surtax; limitations, administration, and collection.
212.15(2)(b) 3rdFailure to remit sales taxes, amount greater than $300 but less than $20,000.
316.1935(1) 3rdFleeing or attempting to elude law enforcement officer.
319.30(5) 3rdSell, exchange, give away certificate of title or identification number plate.
319.35(1)(a) 3rdTamper, adjust, change, etc., an odometer.
320.26(1)(a) 3rdCounterfeit, manufacture, or sell registration license plates or validation stickers.
322.212(1)(a)-(c) 3rdPossession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.
322.212(4) 3rdSupply or aid in supplying unauthorized driver's license or identification card.
322.212(5)(a) 3rdFalse application for driver's license or identification card.
370.13(2)(c)1. 3rdMolest any stone crab trap, line, or buoy which is property of licenseholder.
370.135(1) 3rdMolest any blue crab trap, line, or buoy which is property of licenseholder.
372.663(1) 3rdPoach any alligator or crocodilia.
414.39(2) 3rdUnauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.
414.39(3)(a) 3rdFraudulent misappropriation of public assistance funds by employee/official, value more than $200.
443.071(1) 3rdFalse statement or representation to obtain or increase unemployment compensation benefits.
509.151(1) 3rdDefraud an innkeeper, food or lodging value greater than $300.
517.302(1) 3rdViolation of the Florida Securities and Investor Protection Act.
562.27(1) 3rdPossess still or still apparatus.
713.69 3rdTenant removes property upon which lien has accrued, value more than $50.
812.014(3)(c) 3rdPetit theft (3rd conviction); theft of any property not specified in subsection (2).
812.081(2) 3rdUnlawfully makes or causes to be made a reproduction of a trade secret.
815.04(4)(a) 3rdOffense against intellectual property (i.e., computer programs, data).
817.52(2) 3rdHiring with intent to defraud, motor vehicle services.
817.569(2) 3rdUse of public record or public records information to facilitate commission of a felony.
826.01 3rdBigamy.
828.122(3) 3rdFighting or baiting animals.
831.04(1) 3rdAny erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
831.31(1)(a) 3rdSell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
832.041(1) 3rdStopping payment with intent to defraud $150 or more.
832.05(2)(b) & (4)(c) 3rdKnowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
838.15(2) 3rdCommercial bribe receiving.
838.16 3rdCommercial bribery.
843.18 3rdFleeing by boat to elude a law enforcement officer.
847.011(1)(a) 3rdSell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
849.01 3rdKeeping gambling house.
849.09(1)(a)-(d) 3rdLottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
849.23 3rdGambling-related machines; “common offender” as to property rights.
849.25(2) 3rdEngaging in bookmaking.
860.08 3rdInterfere with a railroad signal.
860.13(1)(a) 3rdOperate aircraft while under the influence.
893.13(2)(a)2. 3rdPurchase of cannabis.
893.13(6)(a) 3rdPossession of cannabis (more than 20 grams).
934.03(1)(a) 3rdIntercepts, or procures any other person to intercept, any wire or oral communication.
(b)  LEVEL 2
370.12(1)(e)3. 3rdPossession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
370.12(1)(e)4. 3rdPossession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
403.413(5)(c) 3rdDumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
517.07 3rdRegistration of securities and furnishing of prospectus required.
[2]590.28(1) 3rdWillful, malicious, or intentional burning.
784.05(3) 3rdStoring or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
787.04(1) 3rdIn violation of court order, take, entice, etc., minor beyond state limits.
806.13(1)(b)3. 3rdCriminal mischief; damage $1,000 or more to public communication or any other public service.
810.061(2) 3rdImpairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
810.09(2)(e) 3rdTrespassing on posted commercial horticulture property.
812.014(2)(c)1. 3rdGrand theft, 3rd degree; $300 or more but less than $5,000.
812.014(2)(d) 3rdGrand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
812.015(7) 3rdPossession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
817.234(1)(a)2. 3rdFalse statement in support of insurance claim.
817.481(3)(a) 3rdObtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
817.52(3) 3rdFailure to redeliver hired vehicle.
817.54 3rdWith intent to defraud, obtain mortgage note, etc., by false representation.
817.60(5) 3rdDealing in credit cards of another.
817.60(6)(a) 3rdForgery; purchase goods, services with false card.
817.61 3rdFraudulent use of credit cards over $100 or more within 6 months.
826.04 3rdKnowingly marries or has sexual intercourse with person to whom related.
831.01 3rdForgery.
831.02 3rdUttering forged instrument; utters or publishes alteration with intent to defraud.
831.07 3rdForging bank bills, checks, drafts, or promissory notes.
831.08 3rdPossessing 10 or more forged notes, bills, checks, or drafts.
831.09 3rdUttering forged notes, bills, checks, drafts, or promissory notes.
831.11 3rdBringing into the state forged bank bills, checks, drafts, or notes.
832.05(3)(a) 3rdCashing or depositing item with intent to defraud.
843.08 3rdFalsely impersonating an officer.
893.13(2)(a)2. 3rdPurchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
893.147(2) 3rdManufacture or delivery of drug paraphernalia.
(c)  LEVEL 3
119.10(2)(b) 3rdUnlawful use of confidential information from police reports.
316.066(3)(d)-(f) 3rdUnlawfully obtaining or using confidential crash reports.
316.193(2)(b) 3rdFelony DUI, 3rd conviction.
316.1935(2) 3rdFleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
319.30(4) 3rdPossession by junkyard of motor vehicle with identification number plate removed.
319.33(1)(a) 3rdAlter or forge any certificate of title to a motor vehicle or mobile home.
319.33(1)(c) 3rdProcure or pass title on stolen vehicle.
319.33(4) 3rdWith intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
327.35(2)(b) 3rdFelony BUI.
328.05(2) 3rdPossess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
328.07(4) 3rdManufacture, exchange, or possess vessel with counterfeit or wrong ID number.
370.12(1)(e)5. 3rdTaking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
370.12(1)(e)6. 3rdSoliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
376.302(5) 3rdFraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
[3]400.903(3) 3rdOperating a clinic without a license or filing false license application or other required information.
440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
501.001(2)(b) 2ndTampers with a consumer product or the container using materially false/misleading information.
624.401(4)(a) 3rdTransacting insurance without a certificate of authority.
624.401(4)(b)1. 3rdTransacting insurance without a certificate of authority; premium collected less than $20,000.
626.902(1)(a) & (b) 3rdRepresenting an unauthorized insurer.
697.08 3rdEquity skimming.
790.15(3) 3rdPerson directs another to discharge firearm from a vehicle.
796.05(1) 3rdLive on earnings of a prostitute.
806.10(1) 3rdMaliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
806.10(2) 3rdInterferes with or assaults firefighter in performance of duty.
810.09(2)(c) 3rdTrespass on property other than structure or conveyance armed with firearm or dangerous weapon.
812.014(2)(c)2. 3rdGrand theft; $5,000 or more but less than $10,000.
812.0145(2)(c) 3rdTheft from person 65 years of age or older; $300 or more but less than $10,000.
815.04(4)(b) 2ndComputer offense devised to defraud or obtain property.
817.034(4)(a)3. 3rdEngages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
817.233 3rdBurning to defraud insurer.
817.234(8)(b)-(c) 3rdUnlawful solicitation of persons involved in motor vehicle accidents.
817.234(11)(a) 3rdInsurance fraud; property value less than $20,000.
817.236 3rdFiling a false motor vehicle insurance application.
817.2361 3rdCreating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
817.413(2) 3rdSale of used goods as new.
817.505(4) 3rdPatient brokering.
828.12(2) 3rdTortures any animal with intent to inflict intense pain, serious physical injury, or death.
831.28(2)(a) 3rdCounterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
831.29 2ndPossession of instruments for counterfeiting drivers' licenses or identification cards.
838.021(3)(b) 3rdThreatens unlawful harm to public servant.
843.19 3rdInjure, disable, or kill police dog or horse.
860.15(3) 3rdOvercharging for repairs and parts.
870.01(2) 3rdRiot; inciting or encouraging.
893.13(1)(a)2. 3rdSell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
893.13(1)(d)2. 2ndSell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
893.13(1)(f)2. 2ndSell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
893.13(6)(a) 3rdPossession of any controlled substance other than felony possession of cannabis.
893.13(7)(a)8. 3rdWithhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
893.13(7)(a)9. 3rdObtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
893.13(7)(a)10. 3rdAffix false or forged label to package of controlled substance.
893.13(7)(a)11. 3rdFurnish false or fraudulent material information on any document or record required by chapter 893.
893.13(8)(a)1. 3rdKnowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
893.13(8)(a)2. 3rdEmploy a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
893.13(8)(a)3. 3rdKnowingly write a prescription for a controlled substance for a fictitious person.
893.13(8)(a)4. 3rdWrite a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
918.13(1)(a) 3rdAlter, destroy, or conceal investigation evidence.
944.47(1)(a)1.-2. 3rdIntroduce contraband to correctional facility.
944.47(1)(c) 2ndPossess contraband while upon the grounds of a correctional institution.
985.3141 3rdEscapes from a juvenile facility (secure detention or residential commitment facility).
(d)  LEVEL 4
316.1935(3)(a) 2ndDriving 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.
499.0051(1) 3rdFailure to maintain or deliver pedigree papers.
499.0051(2) 3rdFailure to authenticate pedigree papers.
499.0051(6) 2ndSale or delivery, or possession with intent to sell, contraband legend drugs.
784.07(2)(b) 3rdBattery of law enforcement officer, firefighter, intake officer, etc.
784.074(1)(c) 3rdBattery of sexually violent predators facility staff.
784.075 3rdBattery on detention or commitment facility staff.
784.078 3rdBattery of facility employee by throwing, tossing, or expelling certain fluids or materials.
784.08(2)(c) 3rdBattery on a person 65 years of age or older.
784.081(3) 3rdBattery on specified official or employee.
784.082(3) 3rdBattery by detained person on visitor or other detainee.
784.083(3) 3rdBattery on code inspector.
784.085 3rdBattery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
787.03(1) 3rdInterference with custody; wrongly takes child from appointed guardian.
787.04(2) 3rdTake, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
787.04(3) 3rdCarrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
790.115(1) 3rdExhibiting firearm or weapon within 1,000 feet of a school.
790.115(2)(b) 3rdPossessing electric weapon or device, destructive device, or other weapon on school property.
790.115(2)(c) 3rdPossessing firearm on school property.
800.04(7)(d) 3rdLewd or lascivious exhibition; offender less than 18 years.
810.02(4)(a) 3rdBurglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
810.02(4)(b) 3rdBurglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
810.06 3rdBurglary; possession of tools.
810.08(2)(c) 3rdTrespass on property, armed with firearm or dangerous weapon.
812.014(2)(c)3. 3rdGrand theft, 3rd degree $10,000 or more but less than $20,000.
812.014(2)(c)4.-10. 3rdGrand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
812.0195(2) 3rdDealing in stolen property by use of the Internet; property stolen $300 or more.
817.563(1) 3rdSell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
817.568(2)(a) 3rdFraudulent use of personal identification information.
817.625(2)(a) 3rdFraudulent use of scanning device or reencoder.
828.125(1) 2ndKill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
837.02(1) 3rdPerjury in official proceedings.
837.021(1) 3rdMake contradictory statements in official proceedings.
838.022 3rdOfficial misconduct.
839.13(2)(a) 3rdFalsifying records of an individual in the care and custody of a state agency.
839.13(2)(c) 3rdFalsifying records of the Department of Children and Family Services.
843.021 3rdPossession of a concealed handcuff key by a person in custody.
843.025 3rdDeprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
843.15(1)(a) 3rdFailure to appear while on bail for felony (bond estreature or bond jumping).
874.05(1) 3rdEncouraging or recruiting another to join a criminal street gang.
893.13(2)(a)1. 2ndPurchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
914.14(2) 3rdWitnesses accepting bribes.
914.22(1) 3rdForce, threaten, etc., witness, victim, or informant.
914.23(2) 3rdRetaliation against a witness, victim, or informant, no bodily injury.
918.12 3rdTampering with jurors.
934.215 3rdUse of two-way communications device to facilitate commission of a crime.
(e)  LEVEL 5
316.027(1)(a) 3rdAccidents involving personal injuries, failure to stop; leaving scene.
316.1935(4)(a) 2ndAggravated fleeing or eluding.
322.34(6) 3rdCareless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
327.30(5) 3rdVessel accidents involving personal injury; leaving scene.
381.0041(11)(b) 3rdDonate blood, plasma, or organs knowing HIV positive.
440.10(1)(g) 2ndFailure to obtain workers' compensation coverage.
440.105(5) 2ndUnlawful solicitation for the purpose of making workers' compensation claims.
440.381(2) 2ndSubmission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
624.401(4)(b)2. 2ndTransacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
626.902(1)(c) 2ndRepresenting an unauthorized insurer; repeat offender.
790.01(2) 3rdCarrying a concealed firearm.
790.162 2ndThreat to throw or discharge destructive device.
790.163(1) 2ndFalse report of deadly explosive or weapon of mass destruction.
790.221(1) 2ndPossession of short-barreled shotgun or machine gun.
790.23 2ndFelons in possession of firearms, ammunition, or electronic weapons or devices.
800.04(6)(c) 3rdLewd or lascivious conduct; offender less than 18 years.
800.04(7)(c) 2ndLewd or lascivious exhibition; offender 18 years or older.
806.111(1) 3rdPossess, manufacture, or dispense fire bomb with intent to damage any structure or property.
812.0145(2)(b) 2ndTheft from person 65 years of age or older; $10,000 or more but less than $50,000.
812.015(8) 3rdRetail theft; property stolen is valued at $300 or more and one or more specified acts.
812.019(1) 2ndStolen property; dealing in or trafficking in.
812.131(2)(b) 3rdRobbery by sudden snatching.
812.16(2) 3rdOwning, operating, or conducting a chop shop.
817.034(4)(a)2. 2ndCommunications fraud, value $20,000 to $50,000.
817.234(11)(b) 2ndInsurance fraud; property value $20,000 or more but less than $100,000.
817.2341(1), (2)(a) & (3)(a) 3rdFiling false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
817.568(2)(b) 2ndFraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
817.625(2)(b) 2ndSecond or subsequent fraudulent use of scanning device or reencoder.
825.1025(4) 3rdLewd or lascivious exhibition in the presence of an elderly person or disabled adult.
827.071(4) 2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
839.13(2)(b) 2ndFalsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
843.01 3rdResist officer with violence to person; resist arrest with violence.
874.05(2) 2ndEncouraging or recruiting another to join a criminal street gang; second or subsequent offense.
893.13(1)(a)1. 2ndSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
893.13(1)(c)2. 2ndSell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
893.13(1)(d)1. 1stSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
893.13(1)(e)2. 2ndSell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
893.13(1)(f)1. 1stSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
893.13(4)(b) 2ndDeliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
(f)  LEVEL 6
316.193(2)(b) 3rdFelony DUI, 4th or subsequent conviction.
499.0051(3) 2ndForgery of pedigree papers.
499.0051(4) 2ndPurchase or receipt of legend drug from unauthorized person.
499.0051(5) 2ndSale of legend drug to unauthorized person.
775.0875(1) 3rdTaking firearm from law enforcement officer.
775.21(10) 3rdSexual predators; failure to register; failure to renew driver's license or identification card.
784.021(1)(a) 3rdAggravated assault; deadly weapon without intent to kill.
784.021(1)(b) 3rdAggravated assault; intent to commit felony.
784.041 3rdFelony battery.
784.048(3) 3rdAggravated stalking; credible threat.
784.048(5) 3rdAggravated stalking of person under 16.
784.07(2)(c) 2ndAggravated assault on law enforcement officer.
784.074(1)(b) 2ndAggravated assault on sexually violent predators facility staff.
784.08(2)(b) 2ndAggravated assault on a person 65 years of age or older.
784.081(2) 2ndAggravated assault on specified official or employee.
784.082(2) 2ndAggravated assault by detained person on visitor or other detainee.
784.083(2) 2ndAggravated assault on code inspector.
787.02(2) 3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
790.115(2)(d) 2ndDischarging firearm or weapon on school property.
790.161(2) 2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
790.164(1) 2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
790.19 2ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.011(8)(a) 3rdSolicitation of minor to participate in sexual activity by custodial adult.
794.05(1) 2ndUnlawful sexual activity with specified minor.
800.04(5)(d) 3rdLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
800.04(6)(b) 2ndLewd or lascivious conduct; offender 18 years of age or older.
806.031(2) 2ndArson resulting in great bodily harm to firefighter or any other person.
810.02(3)(c) 2ndBurglary of occupied structure; unarmed; no assault or battery.
812.014(2)(b)1. 2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
812.015(9) 2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
812.13(2)(c) 2ndRobbery, no firearm or other weapon (strong-arm robbery).
817.034(4)(a)1. 1stCommunications fraud, value greater than $50,000.
817.4821(5) 2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
825.102(1) 3rdAbuse of an elderly person or disabled adult.
825.102(3)(c) 3rdNeglect of an elderly person or disabled adult.
825.1025(3) 3rdLewd or lascivious molestation of an elderly person or disabled adult.
825.103(2)(c) 3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
827.03(1) 3rdAbuse of a child.
827.03(3)(c) 3rdNeglect of a child.
827.071(2) & (3) 2ndUse or induce a child in a sexual performance, or promote or direct such performance.
836.05 2ndThreats; extortion.
836.10 2ndWritten threats to kill or do bodily injury.
843.12 3rdAids or assists person to escape.
847.0135(3) 3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
914.23 2ndRetaliation against a witness, victim, or informant, with bodily injury.
943.0435(9) 3rdSex offenders; failure to comply with reporting requirements.
944.35(3)(a)2. 3rdCommitting malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
944.40 2ndEscapes.
944.46 3rdHarboring, concealing, aiding escaped prisoners.
944.47(1)(a)5. 2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1) 3rdIntoxicating drug, firearm, or weapon introduced into county facility.
(g)  LEVEL 7
316.027(1)(b) 2ndAccident involving death, failure to stop; leaving scene.
316.193(3)(c)2. 3rdDUI resulting in serious bodily injury.
316.1935(3)(b) 1stCausing 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.
327.35(3)(c)2. 3rdVessel BUI resulting in serious bodily injury.
402.319(2) 2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
409.920(2) 3rdMedicaid provider fraud.
456.065(2) 3rdPracticing a health care profession without a license.
456.065(2) 2ndPracticing a health care profession without a license which results in serious bodily injury.
458.327(1) 3rdPracticing medicine without a license.
459.013(1) 3rdPracticing osteopathic medicine without a license.
460.411(1) 3rdPracticing chiropractic medicine without a license.
461.012(1) 3rdPracticing podiatric medicine without a license.
462.17 3rdPracticing naturopathy without a license.
463.015(1) 3rdPracticing optometry without a license.
464.016(1) 3rdPracticing nursing without a license.
465.015(2) 3rdPracticing pharmacy without a license.
466.026(1) 3rdPracticing dentistry or dental hygiene without a license.
467.201 3rdPracticing midwifery without a license.
468.366 3rdDelivering respiratory care services without a license.
483.828(1) 3rdPracticing as clinical laboratory personnel without a license.
483.901(9) 3rdPracticing medical physics without a license.
484.013(1)(c) 3rdPreparing or dispensing optical devices without a prescription.
484.053 3rdDispensing hearing aids without a license.
494.0018(2) 1stConviction 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.
560.123(8)(b)1. 3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
560.125(5)(a) 3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
655.50(10)(b)1. 3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
782.051(3) 2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
782.07(1) 2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
782.071 2ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
782.072 2ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
784.045(1)(a)1. 2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
784.045(1)(a)2. 2ndAggravated battery; using deadly weapon.
784.045(1)(b) 2ndAggravated battery; perpetrator aware victim pregnant.
784.048(4) 3rdAggravated stalking; violation of injunction or court order.
784.048(7) 3rdAggravated stalking; violation of court order.
784.07(2)(d) 1stAggravated battery on law enforcement officer.
784.074(1)(a) 1stAggravated battery on sexually violent predators facility staff.
784.08(2)(a) 1stAggravated battery on a person 65 years of age or older.
784.081(1) 1stAggravated battery on specified official or employee.
784.082(1) 1stAggravated battery by detained person on visitor or other detainee.
784.083(1) 1stAggravated battery on code inspector.
790.07(4) 1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
790.16(1) 1stDischarge of a machine gun under specified circumstances.
790.165(2) 2ndManufacture, sell, possess, or deliver hoax bomb.
790.165(3) 2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
790.166(3) 2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
790.166(4) 2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
796.03 2ndProcuring any person under 16 years for prostitution.
800.04(5)(c)1. 2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
800.04(5)(c)2. 2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
806.01(2) 2ndMaliciously damage structure by fire or explosive.
810.02(3)(a) 2ndBurglary of occupied dwelling; unarmed; no assault or battery.
810.02(3)(b) 2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
810.02(3)(d) 2ndBurglary of occupied conveyance; unarmed; no assault or battery.
812.014(2)(a)1. 1stProperty stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
812.014(2)(b)2. 2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
812.014(2)(b)3. 2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
812.0145(2)(a) 1stTheft from person 65 years of age or older; $50,000 or more.
812.019(2) 1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
812.131(2)(a) 2ndRobbery by sudden snatching.
812.133(2)(b) 1stCarjacking; no firearm, deadly weapon, or other weapon.
817.234(8)(a) 2ndSolicitation of motor vehicle accident victims with intent to defraud.
817.234(9) 2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
817.234(11)(c) 1stInsurance fraud; property value $100,000 or more.
817.2341(2)(b) & (3)(b) 1stMaking 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.
825.102(3)(b) 2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
825.103(2)(b) 2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
827.03(3)(b) 2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
827.04(3) 3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
837.05(2) 3rdGiving false information about alleged capital felony to a law enforcement officer.
838.015 2ndBribery.
838.016 2ndUnlawful compensation or reward for official behavior.
838.021(3)(a) 2ndUnlawful harm to a public servant.
838.22 2ndBid tampering.
872.06 2ndAbuse of a dead human body.
893.13(1)(c)1. 1stSell, 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.
893.13(1)(e)1. 1stSell, 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.
893.13(4)(a) 1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
893.135(1)(a)1. 1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
893.135(1)(b)1.a. 1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
893.135(1)(c)1.a. 1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
893.135(1)(d)1. 1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
893.135(1)(e)1. 1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
893.135(1)(f)1. 1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
893.135(1)(g)1.a. 1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
893.135(1)(h)1.a. 1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
893.135(1)(j)1.a. 1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
893.135(1)(k)2.a. 1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
896.101(5)(a) 3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
896.104(4)(a)1. 3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
(h)  LEVEL 8
316.193(3)(c)3.a. 2ndDUI manslaughter.
316.1935(4)(b) 1stAggravated fleeing or attempted eluding with serious bodily injury or death.
327.35(3)(c)3. 2ndVessel BUI manslaughter.
499.0051(7) 1stForgery of prescription or legend drug labels.
499.0052 1stTrafficking in contraband legend drugs.
560.123(8)(b)2. 2ndFailure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
560.125(5)(b) 2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
655.50(10)(b)2. 2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
777.03(2)(a) 1stAccessory after the fact, capital felony.
782.04(4) 2ndKilling of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
782.051(2) 1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
782.071(1)(b) 1stCommitting vehicular homicide and failing to render aid or give information.
782.072(2) 1stCommitting vessel homicide and failing to render aid or give information.
790.161(3) 1stDischarging a destructive device which results in bodily harm or property damage.
794.011(5) 2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
800.04(4) 2ndLewd or lascivious battery.
806.01(1) 1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.
810.02(2)(a) 1st,PBL Burglary with assault or battery.
810.02(2)(b) 1st,PBLBurglary; armed with explosives or dangerous weapon.
810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
812.014(2)(a)2. 1stProperty stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
812.13(2)(b) 1stRobbery with a weapon.
812.135(2)(c) 1stHome-invasion robbery, no firearm, deadly weapon, or other weapon.
817.568(6) 2ndFraudulent use of personal identification information of an individual under the age of 18.
825.102(2) 2ndAggravated abuse of an elderly person or disabled adult.
825.1025(2) 2ndLewd or lascivious battery upon an elderly person or disabled adult.
825.103(2)(a) 1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.
837.02(2) 2ndPerjury in official proceedings relating to prosecution of a capital felony.
837.021(2) 2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.
860.121(2)(c) 1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
860.16 1stAircraft piracy.
893.13(1)(b) 1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(2)(b) 1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.13(6)(c) 1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
893.135(1)(a)2. 1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
893.135(1)(b)1.b. 1stTrafficking in cocaine, more than 200 grams, less than 400 grams.
893.135(1)(c)1.b. 1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.
893.135(1)(d)1.b. 1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.
893.135(1)(e)1.b. 1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
893.135(1)(f)1.b. 1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.
893.135(1)(g)1.b. 1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.
893.135(1)(h)1.b. 1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
893.135(1)(j)1.b. 1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
893.135(1)(k)2.b. 1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.
895.03(1) 1stUse or invest proceeds derived from pattern of racketeering activity.
895.03(2) 1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
895.03(3) 1stConduct or participate in any enterprise through pattern of racketeering activity.
896.101(5)(b) 2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
896.104(4)(a)2. 2ndStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
(i)  LEVEL 9
316.193(3)(c)3.b. 1stDUI manslaughter; failing to render aid or give information.
327.35(3)(c)3.b. 1stBUI manslaughter; failing to render aid or give information.
[4]499.0053 1stSale or purchase of contraband legend drugs resulting in great bodily harm.
560.123(8)(b)3. 1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
560.125(5)(c) 1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
655.50(10)(b)3. 1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
775.0844 1stAggravated white collar crime.
782.04(1) 1stAttempt, conspire, or solicit to commit premeditated murder.
782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
787.01(1)(a)2. 1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
787.01(1)(a)4. 1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
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.
790.161 1stAttempted capital destructive device offense.
790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
794.011(2) LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
794.011(4) 1stSexual battery; victim 12 years or older, certain circumstances.
794.011(8)(b) 1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
800.04(5)(b) 1stLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
812.133(2)(a) 1st,PBLCarjacking; firearm or other deadly weapon.
812.135(2)(b) 1st Home-invasion robbery with weapon.
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.
827.03(2) 1st Aggravated child abuse.
847.0145(1) 1stSelling, or otherwise transferring custody or control, of a minor.
847.0145(2) 1stPurchasing, or otherwise obtaining custody or control, of a minor.
859.01 1stPoisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
893.135 1stAttempted capital trafficking offense.
893.135(1)(a)3. 1stTrafficking in cannabis, more than 10,000 lbs.
893.135(1)(b)1.c. 1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
893.135(1)(c)1.c. 1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
893.135(1)(d)1.c. 1stTrafficking in phencyclidine, more than 400 grams.
893.135(1)(e)1.c. 1stTrafficking in methaqualone, more than 25 kilograms.
893.135(1)(f)1.c. 1stTrafficking in amphetamine, more than 200 grams.
893.135(1)(h)1.c. 1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
893.135(1)(j)1.c. 1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
893.135(1)(k)2.c. 1stTrafficking in Phenethylamines, 400 grams or more.
896.101(5)(c) 1stMoney laundering, financial instruments totaling or exceeding $100,000.
896.104(4)(a)3. 1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
(j)  LEVEL 10
499.00545 1stSale or purchase of contraband legend drugs resulting in death.
782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
787.01(1)(a)3. 1st,PBLKidnapping; inflict bodily harm upon or terrorize victim.
787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
782.07(3) 1stAggravated manslaughter of a child.
794.011(3) LifeSexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
876.32 1st Treason against the state.

History.--s. 5, ch. 97-194; s. 2, ch. 98-22; s. 2, ch. 98-24; s. 4, ch. 98-204; s. 5, ch. 98-207; s. 2, ch. 98-274; s. 54, ch. 98-280; ss. 6, 10, ch. 98-417; s. 110, ch. 99-3; s. 3, ch. 99-12; s. 3, ch. 99-153; s. 17, ch. 99-168; s. 2, ch. 99-175; s. 15, ch. 99-186; s. 10, ch. 99-188; s. 11, ch. 99-201; s. 3, ch. 99-207; s. 86, ch. 2000-139; s. 3, ch. 2000-218; s. 2, ch. 2000-230; s. 2, ch. 2000-246; s. 47, ch. 2000-318; s. 7, ch. 2000-320; s. 24, ch. 2000-360; s. 5, ch. 2001-55; s. 30, ch. 2001-64; s. 3, ch. 2001-99; s. 2, ch. 2001-114; s. 16, ch. 2001-115; s. 3, ch. 2001-147; s. 2, ch. 2001-233; s. 6, ch. 2001-236; s. 3, ch. 2001-244; s. 8, ch. 2001-271; s. 121, ch. 2001-277; s. 2, ch. 2001-358; s. 118, ch. 2002-1; s. 5, ch. 2002-28; s. 2, ch. 2002-51; s. 12, ch. 2002-78; s. 3, ch. 2002-81; s. 2, ch. 2002-159; s. 2, ch. 2002-162; s. 1, ch. 2002-212; s. 7, ch. 2002-259; s. 10, ch. 2002-263; s. 2, ch. 2002-284; s. 2, ch. 2002-386; s. 109, ch. 2003-1; s. 4, ch. 2003-23; s. 3, ch. 2003-59; s. 4, ch. 2003-71; s. 3, ch. 2003-84; s. 2, ch. 2003-95; s. 8, ch. 2003-148; s. 29, ch. 2003-155; s. 6, ch. 2003-158; s. 1, ch. 2003-176; s. 13, ch. 2003-411; s. 36, ch. 2003-412; s. 162, ch. 2004-5; s. 4, ch. 2004-256; s. 4, ch. 2004-286; s. 3, ch. 2004-290; s. 51, ch. 2004-335; s. 3, ch. 2004-341; s. 29, ch. 2004-344; s. 10, ch. 2004-371; s. 2, ch. 2004-388.

1Note.--

A.  Section 5, ch. 2004-256, and s. 5, ch. 2004-388, provide that "[t]his act shall take effect July 1, 2004, and shall apply to offenses committed on or after that date."

B.  Section 6, ch. 2004-286, provides that "[t]his act shall take effect October 1, 2004, and shall apply to offenses committed on or after that date."

2Note.--The catchline of s. 590.28 was changed to "Intentional or reckless burning of lands" by s. 33, ch. 2000-308. Section 15, ch. 99-292, revised s. 590.28(1) from referencing willfully, maliciously, or intentionally burning or causing to be burned or fire to be set to certain forest, grass, or woodlands to intentionally burning, setting fire to, or causing to be burned or causing fire to be set to certain wild land or vegetative land clearing debris.

3Note.--Section 400.903 does not include a subsection (3).

4Note.--Redesignated as s. 499.00535 by the reviser incident to compiling the 2003 Florida Statutes.

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