Florida Senate - 2022 SB 260 By Senator Pizzo 38-00170-22 2022260__ Page 1 of 132 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to renaming the Criminal Punishment 2 Code; amending ss. 775.082, 775.087, 782.051, 817.568, 3 893.13, 910.035, 921.0022, 921.0023, 921.0024, 4 921.0025, 921.0026, 921.0027, 924.06, 924.07, 944.17, 5 948.01, 948.015, 948.06, 948.20, 948.51, 958.04, and 6 985.465, F.S.; renaming the Criminal Punishment Code 7 as the Criminal Public Safety Code; amending s. 8 921.002, F.S.; revising a principle of the Criminal 9 Public Safety Code; conforming provisions to changes 10 made by the act; amending s. 893.20, F.S.; conforming 11 a provision to changes made by the act; making a 12 technical change; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16

Section 1. Paragraphs (

d) and (

e) of subsection (8) of 17

section 775.082, Florida Statutes, are amended to read: 18 775.082 Penalties; applicability of sentencing structures; 19 mandatory minimum sentences for certain reoffenders previously 20 released from prison.— 21 (8) 22 (

d) The Criminal Public Safety Punishment Code applies to 23 all felonies, except capital felonies, committed on or after 24 October 1, 1998. Any revision to the Criminal Public Safety 25 Punishment Code applies to sentencing for all felonies, except 26 capital felonies, committed on or after the effective date of 27 the revision. 28 (

e) Felonies, except capital felonies, with continuing 29

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 2 of 132 CODING: Words stricken are deletions; words underlined are additions. dates of enterprise shall be sentenced under the sentencing 30 guidelines or the Criminal Public Safety Punishment Code in 31 effect on the beginning date of the criminal activity. 32

Section 2. Paragraph (

c) of subsection (2) and paragraph 33 (

c) of subsection (3) of

section 775.087, Florida Statutes, are 34 amended to read: 35 775.087 Possession or use of weapon; aggravated battery; 36 felony reclassification; minimum sentence.— 37 (2) 38 (

c) If the minimum mandatory terms of imprisonment imposed 39 pursuant to this

section exceed the maximum sentences authorized 40 by s. 775.082, s. 775.084, or the Criminal Public Safety 41 Punishment Code under

chapter 921, then the mandatory minimum 42 sentence must be imposed. If the mandatory minimum terms of 43 imprisonment pursuant to this

section are less than the 44 sentences that could be imposed as authorized by s. 775.082, s. 45 775.084, or the Criminal Public Safety Punishment Code under 46

chapter 921, then the sentence imposed by the court must include 47 the mandatory minimum term of imprisonment as required in this 48 section. 49 (3) 50 (

c) If the minimum mandatory terms of imprisonment imposed 51 pursuant to this

section exceed the maximum sentences authorized 52 by s. 775.082, s. 775.084, or the Criminal Public Safety 53 Punishment Code under

chapter 921, then the mandatory minimum 54 sentence must be imposed. If the mandatory minimum terms of 55 imprisonment pursuant to this

section are less than the 56 sentences that could be imposed as authorized by s. 775.082, s. 57 775.084, or the Criminal Public Safety Punishment Code under 58

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 3 of 132 CODING: Words stricken are deletions; words underlined are additions.

chapter 921, then the sentence imposed by the court must include 59 the mandatory minimum term of imprisonment as required in this 60 section. 61

Section

Section 782.051, Florida Statutes, is amended to 62 read: 63 782.051 Attempted felony murder.— 64

(1) Any person who perpetrates or attempts to perpetrate 65 any felony enumerated in s. 782.04(3) and who commits, aids, or 66 abets an intentional act that is not an essential element of the 67 felony and that could, but does not, cause the death of another 68 commits a felony of the first degree, punishable by imprisonment 69 for a term of years not exceeding life, or as provided in s. 70 775.082, s. 775.083, or s. 775.084, which is an offense ranked 71 in level 9 of the Criminal Public Safety Punishment Code. Victim 72 injury points shall be scored under this subsection. 73

(2) Any person who perpetrates or attempts to perpetrate 74 any felony other than a felony enumerated in s. 782.04(3) and 75 who commits, aids, or abets an intentional act that is not an 76 essential element of the felony and that could, but does not, 77 cause the death of another commits a felony of the first degree, 78 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 79 which is an offense ranked in level 8 of the Criminal Public 80 Safety Punishment Code. Victim injury points shall be scored 81 under this subsection. 82

(3) When a person is injured during the perpetration of or 83 the attempt to perpetrate any felony enumerated in s. 782.04(3) 84 by a person other than the person engaged in the perpetration of 85 or the attempt to perpetrate such felony, the person 86 perpetrating or attempting to perpetrate such felony commits a 87

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 4 of 132 CODING: Words stricken are deletions; words underlined are additions. felony of the second degree, punishable as provided in s. 88 775.082, s. 775.083, or s. 775.084, which is an offense ranked 89 in level 7 of the Criminal Public Safety Punishment Code. Victim 90 injury points shall be scored under this subsection. 91

Section 4. Subsection (3) of

section 817.568, Florida 92 Statutes, is amended to read: 93 817.568 Criminal use of personal identification 94 information.— 95

(3) Neither paragraph (2)(

b) nor paragraph (2)(

c) prevents 96 a court from imposing a greater sentence of incarceration as 97 authorized by law. If the minimum mandatory terms of 98 imprisonment imposed under paragraph (2)(

b) or paragraph (2)(c) 99 exceed the maximum sentences authorized under s. 775.082, s. 100 775.084, or the Criminal Public Safety Punishment Code under 101

chapter 921, the mandatory minimum sentence must be imposed. If 102 the mandatory minimum terms of imprisonment under paragraph 103 (2)(

b) or paragraph (2)(

c) are less than the sentence that could 104 be imposed under s. 775.082, s. 775.084, or the Criminal Public 105 Safety Punishment Code under

chapter 921, the sentence imposed 106 by the court must include the mandatory minimum term of 107 imprisonment as required by paragraph (2)(

b) or paragraph 108 (2)(c). 109

Section 5. Paragraph (

d) of subsection (8) of

section 110 893.13, Florida Statutes, is amended to read: 111 893.13 Prohibited acts; penalties.— 112 (8) 113 (

d) Notwithstanding paragraph (c), if a prescribing 114 practitioner has violated paragraph (

a) and received $1,000 or 115 more in payment for writing one or more prescriptions or, in the 116

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 5 of 132 CODING: Words stricken are deletions; words underlined are additions. case of a prescription written for a controlled substance 117 described in s. 893.135, has written one or more prescriptions 118 for a quantity of a controlled substance which, individually or 119 in the aggregate, meets the threshold for the offense of 120 trafficking in a controlled substance under s. 893.135, the 121 violation is reclassified as a felony of the second degree and 122 ranked in level 4 of the Criminal Public Safety Punishment Code. 123

Section 6. Paragraph (

f) of subsection (5) of

section 124 910.035, Florida Statutes, is amended to read: 125 910.035 Transfer from county for plea, sentence, or 126 participation in a problem-solving court.— 127

(5) TRANSFER FOR PARTICIPATION IN A PROBLEM-SOLVING COURT.— 128 (

f) Upon successful completion of the problem-solving court 129 program, the jurisdiction to which the case has been transferred 130 shall dispose of the case. If the defendant does not complete 131 the problem-solving court program successfully, the jurisdiction 132 to which the case has been transferred shall dispose of the case 133 within the guidelines of the Criminal Public Safety Punishment 134 Code. 135

Section

Section 921.0022, Florida Statutes, is amended 136 to read: 137 921.0022 Criminal Public Safety Punishment Code; offense 138 severity ranking chart.— 139

(1) The offense severity ranking chart must be used with 140 the Criminal Public Safety Punishment Code worksheet to compute 141 a sentence score for each felony offender whose offense was 142 committed on or after October 1, 1998. 143

(2) The offense severity ranking chart has 10 offense 144 levels, ranked from least severe, which are level 1 offenses, to 145

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 6 of 132 CODING: Words stricken are deletions; words underlined are additions. most severe, which are level 10 offenses, and each felony 146 offense is assigned to a level according to the severity of the 147 offense.

For purposes of determining which felony offenses are 148 specifically listed in the offense severity ranking chart and 149 which severity level has been assigned to each of these 150 offenses, the numerical statutory references in the left column 151 of the chart and the felony degree designations in the middle 152 column of the chart are controlling; the language in the right 153 column of the chart is provided solely for descriptive purposes. 154 Reclassification of the degree of the felony through the 155 application of s. 775.0845, s. 775.085, s. 775.0861, s. 156 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or 157 any other law that provides an enhanced penalty for a felony 158 offense, to any offense listed in the offense severity ranking 159 chart in this

section shall not cause the offense to become 160 unlisted and is not subject to the provisions of s. 921.0023. 161

(3) OFFENSE SEVERITY RANKING CHART 162 (

a) LEVEL 1 163 164 Florida Statute Felony Degree Description 165 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 166 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 167

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 7 of 132 CODING: Words stricken are deletions; words underlined are additions. 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 168 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 169 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 170 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 171 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 172 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 173 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 8 of 132 CODING: Words stricken are deletions; words underlined are additions. 174 322.212(5)(a) 3rd False application for driver license or identification card. 175 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 176 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 177 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 178 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 179 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 180 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 9 of 132 CODING: Words stricken are deletions; words underlined are additions. property not specified in subsection (2). 181 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 182 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 183 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 184 826.01 3rd Bigamy. 185 828.122(3) 3rd Fighting or baiting animals. 186 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 187 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 10 of 132 CODING: Words stricken are deletions; words underlined are additions. 893.03(5) drugs. 188 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 189 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 190 838.15(2) 3rd Commercial bribe receiving. 191 838.16 3rd Commercial bribery. 192 843.18 3rd Fleeing by boat to elude a law enforcement officer. 193 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 194 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 195

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 11 of 132 CODING: Words stricken are deletions; words underlined are additions. 849.23 3rd Gambling-related machines; “common offender” as to property rights. 196 849.25(2) 3rd Engaging in bookmaking. 197 860.08 3rd Interfere with a railroad signal. 198 860.13(1)(a) 3rd Operate aircraft while under the influence. 199 893.13(2)(a)2. 3rd Purchase of cannabis. 200 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 201 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 202 (

b) LEVEL 2 203 204 Florida Statute Felony Degree Description 205 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 12 of 132 CODING: Words stricken are deletions; words underlined are additions. in violation of the Marine Turtle Protection Act. 206 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 207 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 208 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 209 590.28(1) 3rd Intentional burning of lands. 210 784.03(3) 3rd Battery during a riot or an aggravated riot. 211 784.05(3) 3rd Storing or leaving a loaded firearm within

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 13 of 132 CODING: Words stricken are deletions; words underlined are additions. reach of minor who uses it to inflict injury or death. 212 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 213 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 214 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property. 215 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 216 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 217

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 14 of 132 CODING: Words stricken are deletions; words underlined are additions. 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 218 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling. 219 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 220 817.234(1)(a)2. 3rd False statement in support of insurance claim. 221 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 222 817.52(3) 3rd Failure to redeliver hired vehicle. 223

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 15 of 132 CODING: Words stricken are deletions; words underlined are additions. 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 224 817.60(5) 3rd Dealing in credit cards of another. 225 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 226 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 227 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 228 831.01 3rd Forgery. 229 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 230 831.07 3rd Forging bank bills, checks, drafts, or

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 16 of 132 CODING: Words stricken are deletions; words underlined are additions. promissory notes. 231 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 232 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 233 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 234 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 235 843.08 3rd False personation. 236 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 17 of 132 CODING: Words stricken are deletions; words underlined are additions. 237 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 238 (

c) LEVEL 3 239 240 Florida Statute Felony Degree Description 241 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 242 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 243 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 244 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 245 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 18 of 132 CODING: Words stricken are deletions; words underlined are additions. 246 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 247 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 248 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 249 327.35(2)(b) 3rd Felony BUI. 250 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 251 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 252 376.302(5) 3rd Fraud related to

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 19 of 132 CODING: Words stricken are deletions; words underlined are additions. reimbursement for cleanup expenses under the Inland Protection Trust Fund. 253 379.2431 (1)(e)5. 3rd Taking, 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. 254 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 255 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 256

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 20 of 132 CODING: Words stricken are deletions; words underlined are additions. 400.9935(4)(

a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 257 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 258 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 259 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 260 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 261 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 21 of 132 CODING: Words stricken are deletions; words underlined are additions. collected less than $20,000. 262 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 263 697.08 3rd Equity skimming. 264 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 265 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 266 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 267 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 268 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 22 of 132 CODING: Words stricken are deletions; words underlined are additions. 269 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 270 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 271 812.081(2) 3rd Theft of a trade secret. 272 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 273 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 274 817.233 3rd Burning to defraud insurer. 275 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 276 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 277

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 23 of 132 CODING: Words stricken are deletions; words underlined are additions. 817.236 3rd Filing a false motor vehicle insurance application. 278 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 279 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 280 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 281 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 282 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 24 of 132 CODING: Words stricken are deletions; words underlined are additions. 283 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 284 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 285 860.15(3) 3rd Overcharging for repairs and parts. 286 870.01(2) 3rd Riot. 287 870.01(4) 3rd Inciting a riot. 288 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs). 289 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8.,

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 25 of 132 CODING: Words stricken are deletions; words underlined are additions. (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 290 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility. 291 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 292 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 293 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 294

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 26 of 132 CODING: Words stricken are deletions; words underlined are additions. 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 295 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 296 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by

chapter 893. 297 893.13(8)(a)1. 3rd Knowingly 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. 298 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 27 of 132 CODING: Words stricken are deletions; words underlined are additions. controlled substance. 299 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 300 893.13(8)(a)4. 3rd Write 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. 301 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 302 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 303 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 304 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 28 of 132 CODING: Words stricken are deletions; words underlined are additions. facility). 305 (

d) LEVEL 4 306 307 Florida Statute Felony Degree Description 308 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 309 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 310 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 311 517.07(1) 3rd Failure to register

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 29 of 132 CODING: Words stricken are deletions; words underlined are additions. securities. 312 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 313 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 314 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 315 784.075 3rd Battery on detention or commitment facility staff. 316 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 317 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 318 784.081(3) 3rd Battery on specified

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 30 of 132 CODING: Words stricken are deletions; words underlined are additions. official or employee. 319 784.082(3) 3rd Battery by detained person on visitor or other detainee. 320 784.083(3) 3rd Battery on code inspector. 321 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 322 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 323 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 324 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 31 of 132 CODING: Words stricken are deletions; words underlined are additions. producing child at custody hearing or delivering to designated person. 325 787.07 3rd Human smuggling. 326 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 327 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 328 790.115(2)(c) 3rd Possessing firearm on school property. 329 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 330 806.135 2nd Destroying or demolishing a memorial or historic property. 331 810.02(4)(a) 3rd Burglary, or attempted

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 32 of 132 CODING: Words stricken are deletions; words underlined are additions. burglary, of an unoccupied structure; unarmed; no assault or battery. 332 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 333 810.06 3rd Burglary; possession of tools. 334 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 335 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 336 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items. 337 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 33 of 132 CODING: Words stricken are deletions; words underlined are additions. 338 817.505(4)(a) 3rd Patient brokering. 339 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 340 817.568(2)(a) 3rd Fraudulent use of personal identification information. 341 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 342 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 343 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 344 837.02(1) 3rd Perjury in official

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 34 of 132 CODING: Words stricken are deletions; words underlined are additions. proceedings. 345 837.021(1) 3rd Make contradictory statements in official proceedings. 346 838.022 3rd Official misconduct. 347 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 348 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 349 843.021 3rd Possession of a concealed handcuff key by a person in custody. 350 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 351 843.15(1)(a) 3rd Failure to appear while

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 35 of 132 CODING: Words stricken are deletions; words underlined are additions. on bail for felony (bond estreature or bond jumping). 352 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 353 870.01(3) 2nd Aggravated rioting. 354 870.01(5) 2nd Aggravated inciting a riot. 355 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 356 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs). 357 914.14(2) 3rd Witnesses accepting bribes. 358 914.22(1) 3rd Force, threaten, etc., witness, victim, or

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 36 of 132 CODING: Words stricken are deletions; words underlined are additions. informant. 359 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 360 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 361 918.12 3rd Tampering with jurors. 362 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 363 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 364 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 37 of 132 CODING: Words stricken are deletions; words underlined are additions. device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility. 365 (

e) LEVEL 5 366 367 Florida Statute Felony Degree Description 368 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 369 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 370 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 371 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 38 of 132 CODING: Words stricken are deletions; words underlined are additions. serious bodily injury. 372 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 373 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 39 of 132 CODING: Words stricken are deletions; words underlined are additions. harvest of stone crabs while license is suspended or revoked. 374 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 375 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 376 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 377 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 378 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 379 440.381(2) 3rd Submission of false, misleading, or incomplete information

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 40 of 132 CODING: Words stricken are deletions; words underlined are additions. with the purpose of avoiding or reducing workers’ compensation premiums. 380 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 381 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 382 790.01(2) 3rd Carrying a concealed firearm. 383 790.162 2nd Threat to throw or discharge destructive device. 384 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 385

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 41 of 132 CODING: Words stricken are deletions; words underlined are additions. 790.221(1) 2nd Possession of short- barreled shotgun or machine gun. 386 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 387 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 388 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 389 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 390 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 391 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 42 of 132 CODING: Words stricken are deletions; words underlined are additions. 392 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 393 812.019(1) 2nd Stolen property; dealing in or trafficking in. 394 812.081(3) 2nd Trafficking in trade secrets. 395 812.131(2)(b) 3rd Robbery by sudden snatching. 396 812.16(2) 3rd Owning, operating, or conducting a chop shop. 397 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 398 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 399 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 43 of 132 CODING: Words stricken are deletions; words underlined are additions. entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 400 817.568(2)(b) 2nd Fraudulent 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 persons. 401 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 402 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 44 of 132 CODING: Words stricken are deletions; words underlined are additions. 403 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 404 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 405 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 406 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 407 839.13(2)(b) 2nd Falsifying records of an individual in the care

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 45 of 132 CODING: Words stricken are deletions; words underlined are additions. and custody of a state agency involving great bodily harm or death. 408 843.01 3rd Resist officer with violence to person; resist arrest with violence. 409 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 410 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 411 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 412 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 46 of 132 CODING: Words stricken are deletions; words underlined are additions. 413 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 414 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs). 415 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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. 416

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 47 of 132 CODING: Words stricken are deletions; words underlined are additions. 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university. 417 893.13(1)(e)2. 2nd Sell, 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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 418 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 48 of 132 CODING: Words stricken are deletions; words underlined are additions. housing facility. 419 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 420 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 421 (

f) LEVEL 6 422 423 Florida Statute Felony Degree Description 424 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 425 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 426 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 427 499.0051(2) 2nd Knowing forgery of

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 49 of 132 CODING: Words stricken are deletions; words underlined are additions. transaction history, transaction information, or transaction statement. 428 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 429 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 430 775.0875(1) 3rd Taking firearm from law enforcement officer. 431 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 432 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 433 784.041 3rd Felony battery; domestic battery by strangulation. 434 784.048(3) 3rd Aggravated stalking;

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 50 of 132 CODING: Words stricken are deletions; words underlined are additions. credible threat. 435 784.048(5) 3rd Aggravated stalking of person under 16. 436 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 437 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 438 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 439 784.081(2) 2nd Aggravated assault on specified official or employee. 440 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 441 784.083(2) 2nd Aggravated assault on code inspector. 442

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 51 of 132 CODING: Words stricken are deletions; words underlined are additions. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 443 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 444 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 445 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 446 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 447 794.011(8)(a) 3rd Solicitation of minor to participate in sexual

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 52 of 132 CODING: Words stricken are deletions; words underlined are additions. activity by custodial adult. 448 794.05(1) 2nd Unlawful sexual activity with specified minor. 449 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 450 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 451 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 452 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 453 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 53 of 132 CODING: Words stricken are deletions; words underlined are additions. 454 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 455 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 456 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 457 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others. 458 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 459 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 54 of 132 CODING: Words stricken are deletions; words underlined are additions. 460 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 461 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 462 825.102(1) 3rd Abuse of an elderly person or disabled adult. 463 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 464 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 465 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 466 827.03(2)(c) 3rd Abuse of a child. 467 827.03(2)(d) 3rd Neglect of a child.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 55 of 132 CODING: Words stricken are deletions; words underlined are additions. 468 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 469 836.05 2nd Threats; extortion. 470 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or

an act of terrorism. 471 843.12 3rd Aids or assists person to escape. 472 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 473 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 474

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 56 of 132 CODING: Words stricken are deletions; words underlined are additions. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 475 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 476 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 477 944.40 2nd Escapes. 478 944.46 3rd Harboring, concealing, aiding escaped prisoners. 479 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive)

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 57 of 132 CODING: Words stricken are deletions; words underlined are additions. into correctional facility. 480 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. 481 (

g) LEVEL 7 482 483 Florida Statute Felony Degree Description 484 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 485 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 486 316.1935(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.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 58 of 132 CODING: Words stricken are deletions; words underlined are additions. 487 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 488 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 489 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 490 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 491 456.065(2) 3rd Practicing a health care profession without a license. 492 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 493 458.327(1) 3rd Practicing medicine without a license.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 59 of 132 CODING: Words stricken are deletions; words underlined are additions. 494 459.013(1) 3rd Practicing osteopathic medicine without a license. 495 460.411(1) 3rd Practicing chiropractic medicine without a license. 496 461.012(1) 3rd Practicing podiatric medicine without a license. 497 462.17 3rd Practicing naturopathy without a license. 498 463.015(1) 3rd Practicing optometry without a license. 499 464.016(1) 3rd Practicing nursing without a license. 500 465.015(2) 3rd Practicing pharmacy without a license. 501 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 502

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 60 of 132 CODING: Words stricken are deletions; words underlined are additions. 467.201 3rd Practicing midwifery without a license. 503 468.366 3rd Delivering respiratory care services without a license. 504 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 505 483.901(7) 3rd Practicing medical physics without a license. 506 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 507 484.053 3rd Dispensing hearing aids without a license. 508 494.0018(2) 1st Conviction of any violation of

chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 509

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 61 of 132 CODING: Words stricken are deletions; words underlined are additions. 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. 510 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 511 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 512 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 513 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 514 775.21(10)(g) 3rd Failure to report or

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 62 of 132 CODING: Words stricken are deletions; words underlined are additions. providing false information about a sexual predator; harbor or conceal a sexual predator. 515 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 516 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 517 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 518 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 519 784.045(1)(a)1. 2nd Aggravated battery;

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 63 of 132 CODING: Words stricken are deletions; words underlined are additions. intentionally causing great bodily harm or disfigurement. 520 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 521 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 522 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 523 784.048(7) 3rd Aggravated stalking; violation of court order. 524 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 525 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 526 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 527

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 64 of 132 CODING: Words stricken are deletions; words underlined are additions. 784.081(1) 1st Aggravated battery on specified official or employee. 528 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 529 784.083(1) 1st Aggravated battery on code inspector. 530 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 531 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 532 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 533 790.16(1) 1st Discharge of a machine gun under specified

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 65 of 132 CODING: Words stricken are deletions; words underlined are additions. circumstances. 534 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 535 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 536 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 537 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 538 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 539

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 66 of 132 CODING: Words stricken are deletions; words underlined are additions. 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. 540 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 541 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 542 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 543 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 544 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 67 of 132 CODING: Words stricken are deletions; words underlined are additions. years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 545 806.01(2) 2nd Maliciously damage structure by fire or explosive. 546 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 547 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 548 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 549 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 550 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer;

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 68 of 132 CODING: Words stricken are deletions; words underlined are additions. property stolen while causing other property damage; 1st degree grand theft. 551 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 552 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 553 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 554 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 555 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 556

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 69 of 132 CODING: Words stricken are deletions; words underlined are additions. 812.131(2)(a) 2nd Robbery by sudden snatching. 557 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 558 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 559 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 560 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 561 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 562 817.2341 (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

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 70 of 132 CODING: Words stricken are deletions; words underlined are additions. a significant cause of the insolvency of that entity. 563 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 564 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 565 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 566 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 567 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 568 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 71 of 132 CODING: Words stricken are deletions; words underlined are additions. $10,000 or more, but less than $50,000. 569 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 570 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 571 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 572 838.015 2nd Bribery. 573 838.016 2nd Unlawful compensation or reward for official behavior. 574 838.021(3)(a) 2nd Unlawful harm to a public servant. 575 838.22 2nd Bid tampering. 576

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 72 of 132 CODING: Words stricken are deletions; words underlined are additions. 843.0855(2) 3rd Impersonation of a public officer or employee. 577 843.0855(3) 3rd Unlawful simulation of legal process. 578 843.0855(4) 3rd Intimidation of a public officer or employee. 579 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 580 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 581 872.06 2nd Abuse of a dead human body. 582 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 583 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs,

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 73 of 132 CODING: Words stricken are deletions; words underlined are additions. manages, or supervises criminal gang-related activity. 584 893.13(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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 585 893.13(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)5., within 1,000 feet of property used for religious services or a specified business site. 586 893.13(4)(a) 1st Use or hire of minor;

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 74 of 132 CODING: Words stricken are deletions; words underlined are additions. deliver to minor other controlled substance. 587 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 588 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 589 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 590 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 591 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 592 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 593 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 75 of 132 CODING: Words stricken are deletions; words underlined are additions. than 25 grams. 594 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 595 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 596 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 597 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 598 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 599 893.135 (1)(h)1.a. 1st Trafficking in gamma- hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 600 893.135 1st Trafficking in 1,4-

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 76 of 132 CODING: Words stricken are deletions; words underlined are additions. (1)(j)1.a.

Butanediol, 1 kilogram or more, less than 5 kilograms. 601 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 602 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 603 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 604 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 605 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 606 896.101(5)(a) 3rd Money laundering,

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 77 of 132 CODING: Words stricken are deletions; words underlined are additions. financial transactions exceeding $300 but less than $20,000. 607 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 608 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 609 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 610 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 611 943.0435(13) 3rd Failure to report or providing false information about a sexual

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 78 of 132 CODING: Words stricken are deletions; words underlined are additions. offender; harbor or conceal a sexual offender. 612 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 613 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 614 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 615 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 616 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 79 of 132 CODING: Words stricken are deletions; words underlined are additions. registration information. 617 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 618 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 619 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 620 (

h) LEVEL 8 621 622 Florida Statute Felony Degree Description 623 316.193 (3)(c)3.a. 2nd DUI manslaughter. 624 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 80 of 132 CODING: Words stricken are deletions; words underlined are additions. serious bodily injury or death. 625 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 626 499.0051(6) 1st Knowing trafficking in contraband prescription drugs. 627 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels. 628 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. 629 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. 630 655.50(10)(b)2. 2nd Failure to report

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 81 of 132 CODING: Words stricken are deletions; words underlined are additions. financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 631 777.03(2)(a) 1st Accessory after the fact, capital felony. 632 782.04(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. 633 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 634 782.071(1)(b) 1st Committing vehicular

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 82 of 132 CODING: Words stricken are deletions; words underlined are additions. homicide and failing to render aid or give information. 635 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 636 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 637 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 638 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 639 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 83 of 132 CODING: Words stricken are deletions; words underlined are additions. 640 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state. 641 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 642 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury. 643 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury. 644

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 84 of 132 CODING: Words stricken are deletions; words underlined are additions. 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury. 645 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense. 646 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 647 800.04(4)(b) 2nd Lewd or lascivious battery. 648 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 85 of 132 CODING: Words stricken are deletions; words underlined are additions. 649 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 650 810.02(2)(a) 1st,PBL Burglary with assault or battery. 651 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 652 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 653 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 654 812.13(2)(b) 1st Robbery with a weapon. 655 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon,

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 86 of 132 CODING: Words stricken are deletions; words underlined are additions. or other weapon. 656 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense. 657 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense. 658 817.505(4)(c) 1st Patient brokering; 20 or more patients. 659 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 660 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 661 817.535(4)(a)1. 2nd Filing false lien or other unauthorized

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 87 of 132 CODING: Words stricken are deletions; words underlined are additions. document; defendant is incarcerated or under supervision. 662 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument. 663 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 664 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 665 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 666 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 88 of 132 CODING: Words stricken are deletions; words underlined are additions. 667 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 668 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 669 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 670 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 671 860.16 1st Aircraft piracy. 672 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(

a) or (b).

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 89 of 132 CODING: Words stricken are deletions; words underlined are additions. 673 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(

a) or (b). 674 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(

a) or (b). 675 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 676 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 677 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 678 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams. 679

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 90 of 132 CODING: Words stricken are deletions; words underlined are additions. 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 680 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams. 681 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams. 682 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms. 683 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams. 684 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 685 893.135 1st Trafficking in gamma-

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 91 of 132 CODING: Words stricken are deletions; words underlined are additions. (1)(h)1.b. hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 686 893.135 (1)(j)1.b. 1st Trafficking in 1,4- Butanediol, 5 kilograms or more, less than 10 kilograms. 687 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 688 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms. 689 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams. 690 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 92 of 132 CODING: Words stricken are deletions; words underlined are additions. resides there. 691 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 692 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 693 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 694 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 695 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 93 of 132 CODING: Words stricken are deletions; words underlined are additions. exceeding $20,000 but less than $100,000. 696 (

i) LEVEL 9 697 698 Florida Statute Felony Degree Description 699 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information. 700 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information. 701 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more. 702 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 703 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 94 of 132 CODING: Words stricken are deletions; words underlined are additions. money transmitter. 704 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 705 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 706 775.0844 1st Aggravated white collar crime. 707 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 708 782.04(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

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 95 of 132 CODING: Words stricken are deletions; words underlined are additions. specified felonies. 709 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 710 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 711 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 712 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 713 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 714 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 96 of 132 CODING: Words stricken are deletions; words underlined are additions. child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. 715 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child. 716 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien. 717 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state. 718 790.161 1st Attempted capital destructive device offense. 719 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 97 of 132 CODING: Words stricken are deletions; words underlined are additions. destruction. 720 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 721 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 722 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older. 723 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older. 724 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 98 of 132 CODING: Words stricken are deletions; words underlined are additions. 725 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses. 726 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. 727 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 728 800.04(5)(

b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 729 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 730 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 731

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 99 of 132 CODING: Words stricken are deletions; words underlined are additions. 812.135(2)(b) 1st Home-invasion robbery with weapon. 732 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee. 733 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision. 734 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument. 735 817.568(7) 2nd, PBL Fraudulent use of personal identification information of an

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 100 of 132 CODING: Words stricken are deletions; words underlined are additions. individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. 736 827.03(2)(a) 1st Aggravated child abuse. 737 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 738 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 739 859.01 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. 740 893.135 1st Attempted capital trafficking offense. 741 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 101 of 132 CODING: Words stricken are deletions; words underlined are additions. 742 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms. 743 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. 744 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms. 745 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms. 746 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more. 747 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more. 748 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 102 of 132 CODING: Words stricken are deletions; words underlined are additions. 749 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more. 750 893.135 (1)(h)1.c. 1st Trafficking in gamma- hydroxybutyric acid (GHB), 10 kilograms or more. 751 893.135 (1)(j)1.c. 1st Trafficking in 1,4- Butanediol, 10 kilograms or more. 752 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more. 753 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more. 754 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more. 755 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 103 of 132 CODING: Words stricken are deletions; words underlined are additions. $100,000. 756 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. 757 (

j) LEVEL 10 758 759 Florida Statute Felony Degree Description 760 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in death. 761 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated. 762 782.07(3) 1st Aggravated manslaughter of a child. 763 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 104 of 132 CODING: Words stricken are deletions; words underlined are additions. 764 787.01(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. 765 787.06(3)(

g) Life Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person. 766 787.06(4)(

a) Life Selling or buying of minors into human trafficking. 767 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury. 768 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 105 of 132 CODING: Words stricken are deletions; words underlined are additions. deadly weapon. 769 876.32 1st Treason against the state. 770

Section

Section 921.0023, Florida Statutes, is amended 771 to read: 772 921.0023 Criminal Public Safety Punishment Code; ranking 773 unlisted felony offenses.—A felony offense committed on or after 774 October 1, 1998, that is not listed in s. 921.0022 is ranked 775 with respect to offense severity level by the Legislature, 776 commensurate with the harm or potential harm that is caused by 777 the offense to the community. Until the Legislature specifically 778 assigns an offense to a severity level in the offense severity 779 ranking chart, the severity level is within the following 780 parameters: 781

(1) A felony of the third degree within offense level 1. 782

(2) A felony of the second degree within offense level 4. 783

(3) A felony of the first degree within offense level 7. 784

(4) A felony of the first degree punishable by life within 785 offense level 9. 786

(5) A life felony within offense level 10. 787

Section

Section 921.0024, Florida Statutes, is amended 788 to read: 789 921.0024 Criminal Public Safety Punishment Code; worksheet 790 computations; scoresheets.— 791 (1)(

a) The Criminal Public Safety Punishment Code worksheet 792 is used to compute the subtotal and total sentence points as 793 follows: 794

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 106 of 132 CODING: Words stricken are deletions; words underlined are additions. 795 FLORIDA Criminal Public Safety Punishment Code 796 WORKSHEET 797 798 OFFENSE SCORE 799 800 Primary Offense 801 Level Sentence Points Total 802 10 116 = ........ 803 9 92 = ........ 804 8 74 = ........ 805 7 56 = ........ 806 6 36 = ........ 807 5 28 = ........ 808 4 22 = ........ 809 3 16 = ........ 810 2 10 = ........ 811 1 4 = ........

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 107 of 132 CODING: Words stricken are deletions; words underlined are additions. 812 813 Total 814 815 Additional Offenses 816 Level Sentence Points Counts Total 817 10 58 x .... = .... 818 9 46 x .... = .... 819 8 37 x .... = .... 820 7 28 x .... = .... 821 6 18 x .... = .... 822 5 5.4 x .... = .... 823 4 3.6 x .... = .... 824 3 2.4 x .... = .... 825 2 1.2 x .... = .... 826 1 0.7 x .... = ....

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 108 of 132 CODING: Words stricken are deletions; words underlined are additions. 827 M 0.2 x .... = .... 828 829 Total 830 831 Victim Injury 832 Level Sentence Points Number Total 833 2nd degree murder- death 240 x .... = .... 834 Death 120 x .... = .... 835 Severe 40 x .... = .... 836 Moderate 18 x .... = .... 837 Slight 4 x .... = .... 838 Sexual penetration 80 x .... = .... 839 Sexual 40 x .... = ....

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 109 of 132 CODING: Words stricken are deletions; words underlined are additions. contact 840 841 Total 842 Primary Offense + Additional Offenses + Victim Injury = 843 TOTAL OFFENSE SCORE 844 845 PRIOR RECORD SCORE 846 847 Prior Record 848 Level Sentence Points Number Total 849 10 29 x .... = .... 850 9 23 x .... = .... 851 8 19 x .... = .... 852 7 14 x .... = .... 853 6 9 x .... = .... 854 5 3.6 x .... = .... 855 4 2.4 x .... = .... 856

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 110 of 132 CODING: Words stricken are deletions; words underlined are additions. 3 1.6 x .... = .... 857 2 0.8 x .... = .... 858 1 0.5 x .... = .... 859 M 0.2 x .... = .... 860 861 Total 862 TOTAL OFFENSE SCORE............................................ 863 TOTAL PRIOR RECORD SCORE....................................... 864 865 LEGAL STATUS................................................... 866 COMMUNITY SANCTION VIOLATION................................... 867 PRIOR SERIOUS FELONY........................................... 868 PRIOR CAPITAL FELONY........................................... 869 FIREARM OR SEMIAUTOMATIC WEAPON................................ 870 SUBTOTAL........ 871 872 PRISON RELEASEE REOFFENDER (no)(yes)........................... 873 VIOLENT CAREER CRIMINAL (no)(yes).............................. 874 HABITUAL VIOLENT OFFENDER (no)(yes)............................ 875 HABITUAL OFFENDER (no)(yes).................................... 876 DRUG TRAFFICKER (no)(yes) (x multiplier)....................... 877 LAW ENF.

PROTECT. (no)(yes) (x multiplier)..................... 878 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)................... 879

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 111 of 132 CODING: Words stricken are deletions; words underlined are additions. CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................. 880 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes) 881 (x multiplier)................................................... 882 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)............ 883 ................................................................. 884 TOTAL SENTENCE POINTS........ 885 886 (

b) WORKSHEET KEY: 887 888 Legal status points are assessed when any form of legal status 889 existed at the time the offender committed an offense before the 890 court for sentencing. Four (4) sentence points are assessed for 891 an offender’s legal status. 892 893 Community sanction violation points are assessed when a 894 community sanction violation is before the court for sentencing. 895 Six (6) sentence points are assessed for each community sanction 896 violation and each successive community sanction violation, 897 unless any of the following apply: 898 1.

If the community sanction violation includes a new 899 felony conviction before the sentencing court, twelve (12) 900 community sanction violation points are assessed for the 901 violation, and for each successive community sanction violation 902 involving a new felony conviction. 903 2. If the community sanction violation is committed by a 904 violent felony offender of special concern as defined in s. 905 948.06: 906 a. Twelve (12) community sanction violation points are 907 assessed for the violation and for each successive violation of 908

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 112 of 132 CODING: Words stricken are deletions; words underlined are additions. felony probation or community control where: 909 I. The violation does not include a new felony conviction; 910 and 911 II. The community sanction violation is not based solely on 912 the probationer or offender’s failure to pay costs or fines or 913 make restitution payments. 914 b.

Twenty-four (24) community sanction violation points are 915 assessed for the violation and for each successive violation of 916 felony probation or community control where the violation 917 includes a new felony conviction. 918 919 Multiple counts of community sanction violations before the 920 sentencing court shall not be a basis for multiplying the 921 assessment of community sanction violation points. 922 923 Prior serious felony points: If the offender has a primary 924 offense or any additional offense ranked in level 8, level 9, or 925 level 10, and one or more prior serious felonies, a single 926 assessment of thirty (30) points shall be added.

For purposes of 927 this section, a prior serious felony is an offense in the 928 offender’s prior record that is ranked in level 8, level 9, or 929 level 10 under s. 921.0022 or s. 921.0023 and for which the 930 offender is serving a sentence of confinement, supervision, or 931 other sanction or for which the offender’s date of release from 932 confinement, supervision, or other sanction, whichever is later, 933 is within 3 years before the date the primary offense or any 934 additional offense was committed. 935 936 Prior capital felony points: If the offender has one or more 937

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 113 of 132 CODING: Words stricken are deletions; words underlined are additions. prior capital felonies in the offender’s criminal record, points 938 shall be added to the subtotal sentence points of the offender 939 equal to twice the number of points the offender receives for 940 the primary offense and any additional offense.

A prior capital 941 felony in the offender’s criminal record is a previous capital 942 felony offense for which the offender has entered a plea of nolo 943 contendere or guilty or has been found guilty; or a felony in 944 another jurisdiction which is a capital felony in that 945 jurisdiction, or would be a capital felony if the offense were 946 committed in this state. 947 948 Possession of a firearm, semiautomatic firearm, or machine gun: 949 If the offender is convicted of committing or attempting to 950 commit any felony other than those enumerated in s. 775.087(2) 951 while having in his or her possession: a firearm as defined in 952 s. 790.001(6), an additional eighteen (18) sentence points are 953 assessed; or if the offender is convicted of committing or 954 attempting to commit any felony other than those enumerated in 955 s. 775.087(3) while having in his or her possession a 956 semiautomatic firearm as defined in s. 775.087(3) or a machine 957 gun as defined in s. 790.001(9), an additional twenty-five (25) 958 sentence points are assessed. 959 960 Sentencing multipliers: 961 962 Drug trafficking: If the primary offense is drug trafficking 963 under s. 893.135, the subtotal sentence points are multiplied, 964 at the discretion of the court, for a level 7 or level 8 965 offense, by 1.5.

The state attorney may move the sentencing 966

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 114 of 132 CODING: Words stricken are deletions; words underlined are additions. court to reduce or suspend the sentence of a person convicted of 967 a level 7 or level 8 offense, if the offender provides 968 substantial assistance as described in s. 893.135(4). 969 970 Law enforcement protection: If the primary offense is a 971 violation of the Law Enforcement Protection Act under s. 972 775.0823(2), (3), or (4), the subtotal sentence points are 973 multiplied by 2.5.

If the primary offense is a violation of s. 974 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 975 are multiplied by 2.0.

If the primary offense is a violation of 976 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 977 Protection Act under s. 775.0823(10) or (11), the subtotal 978 sentence points are multiplied by 1.5. 979 980 Grand theft of a motor vehicle: If the primary offense is grand 981 theft of the third degree involving a motor vehicle and in the 982 offender’s prior record, there are three or more grand thefts of 983 the third degree involving a motor vehicle, the subtotal 984 sentence points are multiplied by 1.5. 985 986 Offense related to a criminal gang: If the offender is convicted 987 of the primary offense and committed that offense for the 988 purpose of benefiting, promoting, or furthering the interests of 989 a criminal gang as defined in s. 874.03, the subtotal sentence 990 points are multiplied by 1.5.

If applying the multiplier results 991 in the lowest permissible sentence exceeding the statutory 992 maximum sentence for the primary offense under

chapter 775, the 993 court may not apply the multiplier and must sentence the 994 defendant to the statutory maximum sentence. 995

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 115 of 132 CODING: Words stricken are deletions; words underlined are additions. 996 Domestic violence in the presence of a child: If the offender is 997 convicted of the primary offense and the primary offense is a 998 crime of domestic violence, as defined in s. 741.28, which was 999 committed in the presence of a child under 16 years of age who 1000 is a family or household member as defined in s. 741.28(3) with 1001 the victim or perpetrator, the subtotal sentence points are 1002 multiplied by 1.5. 1003 1004 Adult-on-minor sex offense: If the offender was 18 years of age 1005 or older and the victim was younger than 18 years of age at the 1006 time the offender committed the primary offense, and if the 1007 primary offense was an offense committed on or after October 1, 1008 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 1009 violation involved a victim who was a minor and, in the course 1010 of committing that violation, the defendant committed a sexual 1011 battery under

chapter 794 or a lewd act under s. 800.04 or s. 1012 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 1013 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 1014 800.04; or s. 847.0135(5), the subtotal sentence points are 1015 multiplied by 2.0. If applying the multiplier results in the 1016 lowest permissible sentence exceeding the statutory maximum 1017 sentence for the primary offense under

chapter 775, the court 1018 may not apply the multiplier and must sentence the defendant to 1019 the statutory maximum sentence. 1020

(2) The lowest permissible sentence is the minimum sentence 1021 that may be imposed by the trial court, absent a valid reason 1022 for departure. The lowest permissible sentence is any nonstate 1023 prison sanction in which the total sentence points equals or is 1024

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 116 of 132 CODING: Words stricken are deletions; words underlined are additions. less than 44 points, unless the court determines within its 1025 discretion that a prison sentence, which may be up to the 1026 statutory maximums for the offenses committed, is appropriate. 1027 When the total sentence points exceeds 44 points, the lowest 1028 permissible sentence in prison months shall be calculated by 1029 subtracting 28 points from the total sentence points and 1030 decreasing the remaining total by 25 percent.

The total sentence 1031 points shall be calculated only as a means of determining the 1032 lowest permissible sentence. The permissible range for 1033 sentencing shall be the lowest permissible sentence up to and 1034 including the statutory maximum, as defined in s. 775.082, for 1035 the primary offense and any additional offenses before the court 1036 for sentencing. The sentencing court may impose such sentences 1037 concurrently or consecutively. However, any sentence to state 1038 prison must exceed 1 year.

If the lowest permissible sentence 1039 under the code exceeds the statutory maximum sentence as 1040 provided in s. 775.082, the sentence required by the code must 1041 be imposed. If the total sentence points are greater than or 1042 equal to 363, the court may sentence the offender to life 1043 imprisonment. An offender sentenced to life imprisonment under 1044 this

section is not eligible for any form of discretionary early 1045 release, except executive clemency or conditional medical 1046 release under s. 947.149. 1047

(3) A single digitized scoresheet shall be prepared for 1048 each defendant to determine the permissible range for the 1049 sentence that the court may impose, except that if the defendant 1050 is before the court for sentencing for more than one felony and 1051 the felonies were committed under more than one version or 1052 revision of the guidelines or the code, separate digitized 1053

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 117 of 132 CODING: Words stricken are deletions; words underlined are additions. scoresheets must be prepared. The scoresheet or scoresheets must 1054 cover all the defendant’s offenses pending before the court for 1055 sentencing. The state attorney shall prepare the digitized 1056 scoresheet or scoresheets, which must be presented to the 1057 defense counsel for review for accuracy in all cases unless the 1058 judge directs otherwise. The defendant’s scoresheet or 1059 scoresheets must be approved and signed by the sentencing judge. 1060

(4) The Department of Corrections, in consultation with the 1061 Office of the State Courts Administrator, state attorneys, and 1062 public defenders, must develop and submit the revised digitized 1063 Criminal Public Safety Punishment Code scoresheet to the Supreme 1064 Court for approval by June 15 of each year, as necessary. The 1065 digitized scoresheet shall have individual, structured data 1066 cells for each data field on the scoresheet.

Upon the Supreme 1067 Court’s approval of the revised digitized scoresheet, the 1068 Department of Corrections shall produce and provide the revised 1069 digitized scoresheets by September 30 of each year, as 1070 necessary. Digitized scoresheets must include individual data 1071 cells to indicate whether any prison sentence imposed includes a 1072 mandatory minimum sentence or the sentence imposed was a 1073 downward departure from the lowest permissible sentence under 1074 the Criminal Public Safety Punishment Code. 1075

(5) The Department of Corrections shall make available the 1076 digitized Criminal Public Safety Punishment Code scoresheets to 1077 those persons charged with the responsibility for preparing 1078 scoresheets. 1079

(6) The clerk of the circuit court shall transmit a 1080 complete and accurate digitized copy of the Criminal Public 1081 Safety Punishment Code scoresheet used in each sentencing 1082

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 118 of 132 CODING: Words stricken are deletions; words underlined are additions. proceeding to the Department of Corrections. Scoresheets must be 1083 electronically transmitted no less frequently than monthly, by 1084 the first of each month, and may be sent collectively. 1085

(7) A digitized sentencing scoresheet must be prepared for 1086 every defendant who is sentenced for a felony offense. The 1087 individual offender’s digitized Criminal Public Safety 1088 Punishment Code scoresheet and any attachments thereto prepared 1089 pursuant to Rule 3.701, Rule 3.702, or Rule 3.703, Florida Rules 1090 of Criminal Procedure, or any other rule pertaining to the 1091 preparation and submission of felony sentencing scoresheets, 1092 must be included with the uniform judgment and sentence form 1093 provided to the Department of Corrections. 1094

Section

Section 921.0025, Florida Statutes, is amended 1095 to read: 1096 921.0025 Adoption and implementation of revised sentencing 1097 scoresheets.—Rules 3.701, 3.702, 3.703, and 3.988, Florida Rules 1098 of Criminal Procedure, as revised by the Supreme Court, and any 1099 other rule pertaining to the preparation and submission of 1100 felony sentencing scoresheets, are adopted and implemented in 1101 accordance with this

chapter for application to the Criminal 1102 Public Safety Punishment Code. 1103

Section 11. Paragraph (

m) of subsection (2) of

section 1104 921.0026, Florida Statutes, is amended to read: 1105 921.0026 Mitigating circumstances.—This

section applies to 1106 any felony offense, except any capital felony, committed on or 1107 after October 1, 1998. 1108

(2) Mitigating circumstances under which a departure from 1109 the lowest permissible sentence is reasonably justified include, 1110 but are not limited to: 1111

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 119 of 132 CODING: Words stricken are deletions; words underlined are additions. (

m) The defendant’s offense is a nonviolent felony, the 1112 defendant’s Criminal Public Safety Punishment Code scoresheet 1113 total sentence points under s. 921.0024 are 60 points or fewer, 1114 and the court determines that the defendant is amenable to the 1115 services of a postadjudicatory treatment-based drug court 1116 program and is otherwise qualified to participate in the program 1117 as part of the sentence. For purposes of this paragraph, the 1118 term “nonviolent felony” has the same meaning as provided in s. 1119 948.08(6). 1120

Section

Section 921.0027, Florida Statutes, is amended 1121 to read: 1122 921.0027 Criminal Public Safety Punishment Code and 1123 revisions; applicability.—The Florida Criminal Public Safety 1124 Punishment Code applies to all felonies, except capital 1125 felonies, committed on or after October 1, 1998. Any revision to 1126 the Criminal Public Safety Punishment Code applies to sentencing 1127 for all felonies, except capital felonies, committed on or after 1128 the effective date of the revision.

Felonies, except capital 1129 felonies, with continuing dates of enterprise shall be sentenced 1130 under the Criminal Public Safety Punishment Code in effect on 1131 the beginning date of the criminal activity. 1132

Section 13. Subsection (1) of

section 924.06, Florida 1133 Statutes, is amended to read: 1134 924.06 Appeal by defendant.— 1135

(1) A defendant may appeal from: 1136 (

a) A final judgment of conviction when probation has not 1137 been granted under

chapter 948, except as provided in subsection 1138 (3); 1139 (

b) An order granting probation under

chapter 948; 1140

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 120 of 132 CODING: Words stricken are deletions; words underlined are additions. (

c) An order revoking probation under

chapter 948; 1141 (

d) A sentence, on the ground that it is illegal; or 1142 (

e) A sentence imposed under s. 921.0024 of the Criminal 1143 Public Safety Punishment Code which exceeds the statutory 1144 maximum penalty provided in s. 775.082 for an offense at 1145 conviction, or the consecutive statutory maximums for offenses 1146 at conviction, unless otherwise provided by law. 1147

Section 14. Paragraph (

i) of subsection (1) of

section 1148 924.07, Florida Statutes, is amended to read: 1149 924.07 Appeal by state.— 1150

(1) The state may appeal from: 1151 (

i) A sentence imposed below the lowest permissible 1152 sentence established by the Criminal Public Safety Punishment 1153 Code under

chapter 921. 1154

Section 15. Paragraph (

c) of subsection (3) and paragraph 1155 (

e) of subsection (5) of

section 944.17, Florida Statutes, are 1156 amended to read: 1157 944.17 Commitments and classification; transfers.— 1158 (3) 1159 (c)1. When the highest ranking offense for which the 1160 prisoner is convicted is a felony, the trial court shall 1161 sentence the prisoner pursuant to the Criminal Public Safety 1162 Punishment Code in

chapter 921. 1163 2. When the highest ranking offense for which the prisoner 1164 is convicted is a misdemeanor, the trial court shall sentence 1165 the prisoner pursuant to s. 775.082(4). 1166

(5) The department shall also refuse to accept a person 1167 into the state correctional system unless the following 1168 documents are presented in a completed form by the sheriff or 1169

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 121 of 132 CODING: Words stricken are deletions; words underlined are additions. chief correctional officer, or a designated representative, to 1170 the officer in charge of the reception process. The department 1171 may, at its discretion, receive such documents electronically: 1172 (

e) A copy of the Criminal Public Safety Punishment Code 1173 scoresheet and any attachments thereto prepared pursuant to Rule 1174 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal 1175 Procedure, or any other rule pertaining to the preparation of 1176 felony sentencing scoresheets. 1177 1178 In addition, the sheriff or other officer having such person in 1179 charge shall also deliver with the foregoing documents any 1180 available presentence investigation reports as described in s. 1181 921.231 and any attached documents.

After a prisoner is admitted 1182 into the state correctional system, the department may request 1183 such additional records relating to the prisoner as it considers 1184 necessary from the clerk of the court, the Department of 1185 Children and Families, or any other state or county agency for 1186 the purpose of determining the prisoner’s proper custody 1187 classification, gain-time eligibility, or eligibility for early 1188 release programs. An agency that receives such a request from 1189 the department must provide the information requested.

The 1190 department may, at its discretion, receive such information 1191 electronically. 1192

Section 16. Paragraph (

a) of subsection (7) of

section 1193 948.01, Florida Statutes, is amended to read: 1194 948.01 When court may place defendant on probation or into 1195 community control.— 1196 (7)(

a) Notwithstanding s. 921.0024 and effective for 1197 offenses committed on or after July 1, 2009, the sentencing 1198

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 122 of 132 CODING: Words stricken are deletions; words underlined are additions. court may place the defendant into a postadjudicatory treatment-1199 based drug court program if the defendant’s Criminal Public 1200 Safety Punishment Code scoresheet total sentence points under s. 1201 921.0024 are 60 points or fewer, the offense is a nonviolent 1202 felony, the defendant is amenable to substance abuse treatment, 1203 and the defendant otherwise qualifies under s. 397.334(3).

The 1204 satisfactory completion of the program shall be a condition of 1205 the defendant’s probation or community control. As used in this 1206 subsection, the term “nonviolent felony” means a third degree 1207 felony violation under

chapter 810 or any other felony offense 1208 that is not a forcible felony as defined in s. 776.08. 1209

Section

Section 948.015, Florida Statutes, is amended 1210 to read: 1211 948.015 Presentence investigation reports.—The circuit 1212 court, when the defendant in a criminal case has been found 1213 guilty or has entered a plea of nolo contendere or guilty and 1214 has a lowest permissible sentence under the Criminal Public 1215 Safety Punishment Code of any nonstate prison sanction, may 1216 refer the case to the department for investigation or 1217 recommendation. Upon such referral, the department shall make 1218 the following report in writing at a time specified by the court 1219 prior to sentencing. The full report shall include: 1220

(1) A complete description of the situation surrounding the 1221 criminal activity with which the offender has been charged, 1222 including a synopsis of the trial transcript, if one has been 1223 made; nature of the plea agreement, including the number of 1224 counts waived, the pleas agreed upon, the sentence agreed upon, 1225 and any additional terms of agreement; and, at the offender’s 1226 discretion, his or her version and explanation of the criminal 1227

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 123 of 132 CODING: Words stricken are deletions; words underlined are additions. activity. 1228

(2) The offender’s sentencing status, including whether the 1229 offender is a first offender, a habitual or violent offender, a 1230 youthful offender, or is currently on probation. 1231

(3) The offender’s prior record of arrests and convictions. 1232

(4) The offender’s educational background. 1233

(5) The offender’s employment background, including any 1234 military record, present employment status, and occupational 1235 capabilities. 1236

(6) The offender’s financial status, including total 1237 monthly income and estimated total debts. 1238

(7) The social history of the offender, including his or 1239 her family relationships, marital status, interests, and 1240 activities. 1241

(8) The residence history of the offender. 1242

(9) The offender’s medical history and, as appropriate, a 1243 psychological or psychiatric evaluation. 1244

(10) Information about the environments to which the 1245 offender might return or to which the offender could be sent 1246 should a sentence of nonincarceration or community supervision 1247 be imposed by the court, and consideration of the offender’s 1248 plan concerning employment supervision and treatment. 1249

(11) Information about any resources available to assist 1250 the offender, such as: 1251 (

a) Treatment centers. 1252 (

b) Residential facilities. 1253 (

c) Career training programs. 1254 (

d) Special education programs. 1255 (

e) Services that may preclude or supplement commitment to 1256

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 124 of 132 CODING: Words stricken are deletions; words underlined are additions. the department. 1257

(12) The views of the person preparing the report as to the 1258 offender’s motivations and ambitions and an assessment of the 1259 offender’s explanations for his or her criminal activity. 1260

(13) An explanation of the offender’s criminal record, if 1261 any, including his or her version and explanation of any 1262 previous offenses. 1263

(14) A statement regarding the extent of any victim’s loss 1264 or injury. 1265

(15) A recommendation as to disposition by the court. The 1266 department shall make a written determination as to the reasons 1267 for its recommendation, and shall include an evaluation of the 1268 following factors: 1269 (

a) The appropriateness or inappropriateness of community 1270 facilities, programs, or services for treatment or supervision 1271 for the offender. 1272 (

b) The ability or inability of the department to provide 1273 an adequate level of supervision for the offender in the 1274 community and a statement of what constitutes an adequate level 1275 of supervision. 1276 (

c) The existence of other treatment modalities which the 1277 offender could use but which do not exist at present in the 1278 community. 1279

Section 18. Paragraph (

j) of subsection (2) of

section 1280 948.06, Florida Statutes, is amended to read: 1281 948.06 Violation of probation or community control; 1282 revocation; modification; continuance; failure to pay 1283 restitution or cost of supervision.— 1284 (2) 1285

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 125 of 132 CODING: Words stricken are deletions; words underlined are additions. (j)1. Notwithstanding s. 921.0024 and effective for 1286 offenses committed on or after July 1, 2009, the court may order 1287 the defendant to successfully complete a postadjudicatory 1288 treatment-based drug court program if: 1289 a. The court finds or the offender admits that the offender 1290 has violated his or her community control or probation; 1291 b.

The offender’s Criminal Public Safety Punishment Code 1292 scoresheet total sentence points under s. 921.0024 are 60 points 1293 or fewer after including points for the violation; 1294 c. The underlying offense is a nonviolent felony. As used 1295 in this subsection, the term “nonviolent felony” means a third 1296 degree felony violation under

chapter 810 or any other felony 1297 offense that is not a forcible felony as defined in s. 776.08; 1298 d. The court determines that the offender is amenable to 1299 the services of a postadjudicatory treatment-based drug court 1300 program; 1301 e. The court has explained the purpose of the program to 1302 the offender and the offender has agreed to participate; and 1303 f. The offender is otherwise qualified to participate in 1304 the program under the provisions of s. 397.334(3). 1305 2.

After the court orders the modification of community 1306 control or probation, the original sentencing court shall 1307 relinquish jurisdiction of the offender’s case to the 1308 postadjudicatory treatment-based drug court program until the 1309 offender is no longer active in the program, the case is 1310 returned to the sentencing court due to the offender’s 1311 termination from the program for failure to comply with the 1312 terms thereof, or the offender’s sentence is completed. 1313

Section 19. Subsection (1) of

section 948.20, Florida 1314

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 126 of 132 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 1315 948.20 Drug offender probation.— 1316

(1) If it appears to the court upon a hearing that the 1317 defendant is a chronic substance abuser whose criminal conduct 1318 is a violation of s. 893.13(2)(

a) or (6)(a), or other nonviolent 1319 felony if such nonviolent felony is committed on or after July 1320 1, 2009, and notwithstanding s. 921.0024 the defendant’s 1321 Criminal Public Safety Punishment Code scoresheet total sentence 1322 points are 60 points or fewer, the court may either adjudge the 1323 defendant guilty or stay and withhold the adjudication of guilt. 1324 In either case, the court may also stay and withhold the 1325 imposition of sentence and place the defendant on drug offender 1326 probation or into a postadjudicatory treatment-based drug court 1327 program if the defendant otherwise qualifies.

As used in this 1328 section, the term “nonviolent felony” means a third degree 1329 felony violation under

chapter 810 or any other felony offense 1330 that is not a forcible felony as defined in s. 776.08. 1331

Section 20. Paragraph (

c) of subsection (2) of

section 1332 948.51, Florida Statutes, is amended to read: 1333 948.51 Community corrections assistance to counties or 1334 county consortiums.— 1335

(2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A 1336 county, or a consortium of two or more counties, may contract 1337 with the Department of Corrections for community corrections 1338 funds as provided in this section. In order to enter into a 1339 community corrections partnership contract, a county or county 1340 consortium must have a public safety coordinating council 1341 established under s. 951.26 and must designate a county officer 1342 or agency to be responsible for administering community 1343

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 127 of 132 CODING: Words stricken are deletions; words underlined are additions. corrections funds received from the state. The public safety 1344 coordinating council shall prepare, develop, and implement a 1345 comprehensive public safety plan for the county, or the 1346 geographic area represented by the county consortium, and shall 1347 submit an annual report to the Department of Corrections 1348 concerning the status of the program.

In preparing the 1349 comprehensive public safety plan, the public safety coordinating 1350 council shall cooperate with the juvenile justice circuit 1351 advisory board established under s. 985.664 in order to include 1352 programs and services for juveniles in the plan. To be eligible 1353 for community corrections funds under the contract, the initial 1354 public safety plan must be approved by the governing board of 1355 the county, or the governing board of each county within the 1356 consortium, and the Secretary of Corrections based on the 1357 requirements of this section.

If one or more other counties 1358 develop a unified public safety plan, the public safety 1359 coordinating council shall submit a single application to the 1360 department for funding. Continued contract funding shall be 1361 pursuant to subsection (5). The plan for a county or county 1362 consortium must cover at least a 5-year period and must include: 1363 (

c) Specific goals and objectives for reducing the 1364 projected percentage of commitments to the state prison system 1365 of persons with low total sentencing scores pursuant to the 1366 Criminal Public Safety Punishment Code. 1367

Section 21. Subsection (3) of

section 958.04, Florida 1368 Statutes, is amended to read: 1369 958.04 Judicial disposition of youthful offenders.— 1370

(3) The provisions of this

section shall not be used to 1371 impose a greater sentence than the permissible sentence range as 1372

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 128 of 132 CODING: Words stricken are deletions; words underlined are additions. established by the Criminal Public Safety Punishment Code 1373 pursuant to

chapter 921 unless reasons are explained in writing 1374 by the trial court judge which reasonably justify departure. A 1375 sentence imposed outside of the code is subject to appeal 1376 pursuant to s. 924.06 or s. 924.07. 1377

Section 22. Subsection (4) of

section 985.465, Florida 1378 Statutes, is amended to read: 1379 985.465 Juvenile correctional facilities or juvenile 1380 prison.—A juvenile correctional facility or juvenile prison is a 1381 physically secure residential commitment program with a 1382 designated length of stay from 18 months to 36 months, primarily 1383 serving children 13 years of age to 19 years of age or until the 1384 jurisdiction of the court expires. Each child committed to this 1385 level must meet one of the following criteria: 1386

(4) The child is at least 13 years of age at the time of 1387 the disposition for the current offense, the child is eligible 1388 for prosecution as an adult for the current offense, and the 1389 current offense is ranked at level 7 or higher on the Criminal 1390 Public Safety Punishment Code offense severity ranking chart 1391 pursuant to s. 921.0022. 1392

Section

Section 921.002, Florida Statutes, is amended 1393 to read: 1394 921.002 The Criminal Public Safety Punishment Code.—The 1395 Criminal Public Safety Punishment Code shall apply to all felony 1396 offenses, except capital felonies, committed on or after October 1397 1, 1998. 1398

(1) The provision of criminal penalties and of limitations 1399 upon the application of such penalties is a matter of 1400 predominantly substantive law and, as such, is a matter properly 1401

Florida Senate - 2022 SB 260 38-00170-22 2022260__ Page 129 of 132 CODING: Words stricken are deletions; words underlined are additions. addressed by the Legislature. The Legislature, in the exercise 1402 of its authority and responsibility to establish sentencing 1403 criteria, to provide for the imposition of criminal penalties, 1404 and to make the best use of state prisons so that violent 1405 criminal offenders are appropriately incarcerated, has 1406 determined that it is in the best interest of the state to 1407 develop,