CHAPTER 2005-28
House Bill No. 1877
An act relating to high-risk offenders; providing a short title; amend-
ing s. 216.136, F.S.; assigning additional responsibilities of the
Criminal Justice Estimating Conference; requiring a study; amend-
ing s. 775.21, F.S.; revising sexual predator criteria; extending the
period for a petition to remove a sexual predator designation; requir-
ing twice yearly reregistration by sexual predators; requiring rereg-
istration information be provided to the Department of Law Enforce-
ment; providing criminal offenses for failing to reregister, failing to
respond to address verification, failing to report or providing false
information about a sexual predator, and harboring or concealing a
sexual predator; requiring twice yearly reregistration by sexual
predators; requiring reregistration information be provided to the
Department of Law Enforcement; providing criminal offenses for
failing to reregister, failing to respond to address verification, failing
to report or providing false information about a sexual predator, and
harboring or concealing a sexual predator; amending s. 775.082,
F.S.; providing for specified sentencing of persons convicted of the
life felony offense in s. 800.04(5)(b), F.S.; providing for 25-year man-
datory minimum term of imprisonment; amending s. 800.04, F.S.;
providing that it is a life felony for an offender 18 years of age or
older to commit lewd or lascivious molestation against a victim
younger than 12 years of age; amending s. 921.0022, F.S.; deleting
ranking for offenses involving sexual predators and sexual offenders
failing to comply with registration requirements; ranking offenses
involving sexual predators and sexual offenders failing to comply
with registration requirements and other requirements; ranking
new criminal offenses for failing to reregister, failing to respond to
address verification, failing to report or providing false information
about a sexual predator or sexual offender, and harboring or conceal-
ing a sexual predator or sexual offender; correcting a reference to the
felony degree of a lewd or lascivious offense; amending s. 921.141,
F.S.; providing an additional aggravating circumstance pertaining
to sexual predators for the purpose of imposing the death penalty;
amending s. 943.043, F.S., requiring the Department of Law En-
forcement to provide to local law enforcement agencies information
on sexual predators and sexual offenders who fail to respond to
address verification attempts or abscond from registration; amend-
ing s. 943.0435, F.S.; requiring twice yearly reregistration by sexual
offenders; requiring reregistration information be provided to the
Department of Law Enforcement; providing criminal offenses for
failing to reregister, failing to respond to address verification, failing
to report or providing false information about a sexual offender, and
harboring or concealing a sexual offender; creating s. 943.04352,
F.S.; requiring a search of the sexual offender and sexual predator
registry by entities providing probation services; amending s.
944.607, F.S.; requiring twice yearly reregistration by sexual offend-
ers; requiring reregistration information be provided to the Depart-
ment of Law Enforcement; providing criminal offenses for failing to
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reregister, failing to respond to address verification, failing to report
or providing false information about a sexual offender, and harbor-
ing or concealing a sexual offender; amending s. 947.1405, F.S.;
requiring electronic monitoring for certain offenders placed on con-
ditional release supervision; amending s. 948.06(4), F.S.; requiring
a court finding with regard to dangerousness to the public prior to
release on bail under certain circumstances; amending s. 948.012,
F.S.; requiring the court to impose a split sentence in certain circum-
stances; creating s. 948.061, F.S.; requiring the Department of Cor-
rections to develop a risk assessment system to monitor certain
offenders placed on probation or community control; requiring in-
creased supervision of such offenders under certain circumstances;
requiring that information be provided via FDLE's Criminal Justice
Intranet to the court by the correctional probation officer; requiring
the court to assist the department by creating and maintaining an
automated system; requiring the department to have fingerprint
reading equipment and capability by October 1, 2006; creating s.
948.062, F.S.; requiring the Department of Corrections to review the
circumstances of certain arrests of offenders on probation or commu-
nity control; requiring the Office of Program Policy Analysis and
Government Accountability to analyze the reviews and report to the
President of the Senate and the Speaker of the House of Representa-
tives; creating s. 948.063, F.S.; requiring the court to order electronic
monitoring for designated sexual offenders and predators who vio-
late probation or community control; amending s. 948.11, F.S.; re-
quiring the department to develop and implement procedures to
notify certain officials on the availability of electronic monitoring
units; requiring the department to use certain electronic monitoring
systems on high-risk offenders; prohibiting the intentional altering,
tampering, damaging or destroying of any electronic monitoring
equipment; amending s. 948.15, F.S.; specifying that the terms of the
contract must contain procedures for accessing criminal history rec-
ords concerning probationers; amending s. 948.30, F.S.; specifying
additional conditions for persons placed on community control; re-
quiring certain sex offenders and sexual predators on probation or
community control to be placed on electronic monitoring; amending
s. 1012.465(1), F.S.; clarifying background screening requirements
for contractual personnel who have access on school grounds; creat-
ing a task force within the Department of Law Enforcement; requir-
ing the task force to examine the collection and dissemination of
offender information within the criminal justice system and commu-
nity; prescribing task force membership; requiring that the task
force submit findings and recommendations to the Governor and the
Legislature; requiring cooperation by state agencies; providing for
abolishing the task force on a specified date; requiring the Office of
Program Policy Analysis and Governmental Accountability to per-
form a study of and report to the Legislature on the effectiveness of
Florida's sexual predator and sexual offender registries and commu-
nity and public notification provisions; providing appropriations and
authorizing positions; providing an effective date.
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2
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Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "Jessica Lunsford Act."
Section 2. Paragraph (a) of subsection (5) of section 216.136, Florida
Statutes, is amended to read:
216.136 Consensus estimating conferences; duties and principals.--
(5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
(a) Duties.--The Criminal Justice Estimating Conference shall:
1. Develop such official information relating to the criminal justice sys-
tem, including forecasts of prison admissions and population and of super-
vised felony offender admissions and population, as the conference deter-
mines is needed for the state planning and budgeting system.
2. Develop such official information relating to the number of eligible
discharges and the projected number of civil commitments for determining
space needs pursuant to the civil proceedings provided under part V of
chapter 394.
3. Develop official information relating to the number of sexual offenders
and sexual predators who are required by law to be placed on community
control, probation, or conditional release who are subject to electronic moni-
toring. In addition, the Office of Economic and Demographic Research shall
study the factors relating to the sentencing of sex offenders from the point
of arrest through the imposition of sanctions by the sentencing court, includ-
ing original charges, plea negotiations, trial dispositions, and sanctions. The
Department of Corrections, the Office of the State Courts Administrator, the
Florida Department of Law Enforcement, and the State Attorneys shall
provide information deemed necessary for the study. The final report shall
be provided to the President of the Senate and Speaker of the House by
March 1, 2006.
Section 3. Paragraph (b) of subsection (4), paragraph (l) of subsection (6),
subsection (8), and subsection (10) of section 775.21, Florida Statutes, are
amended to read:
775.21 The Florida Sexual Predators Act.--
(4) SEXUAL PREDATOR CRITERIA.--
(b) In order to be counted as a prior felony for purposes of this subsection,
the felony must have resulted in a conviction sentenced separately, or an
adjudication of delinquency entered separately, prior to the current offense
and sentenced or adjudicated separately from any other felony conviction
that is to be counted as a prior felony. If the offender's prior enumerated
felony was committed more than 10 years before the primary offense, it shall
not be considered a prior felony under this subsection if the offender has not
been convicted of any other crime for a period of 10 consecutive years from
the most recent date of release from confinement, supervision, or sanction,
whichever is later.
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(6) REGISTRATION.--
(l) A sexual predator must maintain registration with the department for
the duration of his or her life, unless the sexual predator has received a full
pardon or has had a conviction set aside in a postconviction proceeding for
any offense that met the criteria for the sexual predator designation. How-
ever, a sexual predator who was designated as a sexual predator by a court
before October 1, 1998, and who has been lawfully released from confine-
ment, supervision, or sanction, whichever is later, for at least 10 years and
has not been arrested for any felony or misdemeanor offense since release,
may petition the criminal division of the circuit court in the circuit in which
the sexual predator resides for the purpose of removing the sexual predator
designation. A sexual predator who was designated a sexual predator by a
court on or after October 1, 1998, who has been lawfully released from
confinement, supervision, or sanction, whichever is later, for at least 20
years, and who has not been arrested for any felony or misdemeanor offense
since release may petition the criminal division of the circuit court in the
circuit in which the sexual predator resides for the purpose of removing the
sexual predator designation. A sexual predator who was designated as a
sexual predator by a court on or after September 1, 2005, who has been
lawfully released from confinement, supervision, or sanction, whichever is
later, for at least 30 years, and who has not been arrested for any felony or
misdemeanor offense since release may petition the criminal division of the
circuit court in the circuit in which the sexual predator resides for the
purpose of removing the sexual predator designation. The court may grant
or deny such relief if the petitioner demonstrates to the court that he or she
has not been arrested for any crime since release, the requested relief com-
plies with the provisions of the federal Jacob Wetterling Act, as amended,
and any other federal standards applicable to the removal of the designation
as a sexual predator or required to be met as a condition for the receipt of
federal funds by the state, and the court is otherwise satisfied that the
petitioner is not a current or potential threat to public safety. The state
attorney in the circuit in which the petition is filed must be given notice of
the petition at least 3 weeks before the hearing on the matter. The state
attorney may present evidence in opposition to the requested relief or may
otherwise demonstrate the reasons why the petition should be denied. If the
court denies the petition, the court may set a future date at which the sexual
predator may again petition the court for relief, subject to the standards for
relief provided in this paragraph. Unless specified in the order, a sexual
predator who is granted relief under this paragraph must comply with the
requirements for registration as a sexual offender and other requirements
provided under s. 943.0435 or s. 944.607. If a petitioner obtains an order
from the court that imposed the order designating the petitioner as a sexual
predator which removes such designation, the petitioner shall forward a
certified copy of the written findings or order to the department in order to
have the sexual predator designation removed from the sexual predator
registry.
The sheriff shall promptly provide to the department the information re-
ceived from the sexual predator.
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(8) VERIFICATION.--The department and the Department of Correc-
tions shall implement a system for verifying the addresses of sexual preda-
tors. The system must be consistent with the provisions of the federal Jacob
Wetterling Act, as amended, and any other federal standards applicable to
such verification or required to be met as a condition for the receipt of federal
funds by the state. The Department of Corrections shall verify the addresses
of sexual predators who are not incarcerated but who reside in the commu-
nity under the supervision of the Department of Corrections. County and
local law enforcement agencies, in conjunction with the department, shall
verify the addresses of sexual predators who are not under the care, custody,
control, or supervision of the Department of Corrections.
(a) A sexual predator must report in person each year during the month
of the sexual predator's birthday and during the sixth month following the
sexual predator's birth month to the sheriff's office in the county in which
he or she resides or is otherwise located to reregister. The sheriff's office may
determine the appropriate times and days for reporting by the sexual preda-
tor, which shall be consistent with the reporting requirements of this para-
graph. Reregistration shall include any changes to the following informa-
tion:
1. Name; social security number; age; race; sex; date of birth; height;
weight; hair and eye color; address of any permanent residence and address
of any current temporary residence, within the state or out of state, includ-
ing a rural route address and a post office box; date and place of any employ-
ment; vehicle make, model, color, and license tag number; fingerprints; and
photograph. A post office box shall not be provided in lieu of a physical
residential address.
2. If the sexual predator is enrolled, employed, or carrying on a vocation
at an institution of higher education in this state, the sexual predator shall
also provide to the department the name, address, and county of each insti-
tution, including each campus attended, and the sexual predator's enroll-
ment or employment status.
3. If the sexual predator's place of residence is a motor vehicle, trailer,
mobile home, or manufactured home, as defined in chapter 320, the sexual
predator shall also provide vehicle identification number; the license tag
number; the registration number; and a description, including color scheme,
of the motor vehicle, trailer, mobile home, or manufactured home. If the
sexual predator's place of residence is a vessel, live-aboard vessel, or house-
boat, as defined in chapter 327, the sexual predator shall also provide the
hull identification number; the manufacturer's serial number; the name of
the vessel, live-aboard vessel, or houseboat; the registration number; and a
description, including color scheme, of the vessel, live-aboard vessel, or
houseboat.
(b) The sheriff's office shall, within 2 working days, electronically submit
and update all information provided by the sexual predator to the depart-
ment in a manner prescribed by the department. This procedure shall be
implemented by December 1, 2005.
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(10) PENALTIES.--.
(a) Except as otherwise specifically provided, a sexual predator who fails
to register; who fails, after registration, to maintain, acquire, or renew a
driver's license or identification card; who fails to provide required location
information or change-of-name information; who fails to make a required
report in connection with vacating a permanent residence; who fails to
reregister as required; who fails to respond to any address verification corre-
spondence from the department within three weeks of the date of the corre-
spondence; or who otherwise fails, by act or omission, to comply with the
requirements of this section, commits a felony of the third degree, punish-
able as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A sexual predator who has been convicted of or found to have commit-
ted, or has pled nolo contendere or guilty to, regardless of adjudication, any
violation, or attempted violation, of s. 787.01, s. 787.02, or s. 787.025, where
the victim is a minor and the defendant is not the victim's parent; s.
794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 827.071; s.
847.0133; or s. 847.0145, or a violation of a similar law of another jurisdic-
tion, when the victim of the offense was a minor, and who works, whether
for compensation or as a volunteer, at any business, school, day care center,
park, playground, or other place where children regularly congregate, com-
mits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(c) Any person who misuses public records information relating to a
sexual predator, as defined in this section, or a sexual offender, as defined
in s. 943.0435 or s. 944.607, to secure a payment from such a predator or
offender; who knowingly distributes or publishes false information relating
to such a predator or offender which the person misrepresents as being
public records information; or who materially alters public records informa-
tion with the intent to misrepresent the information, including documents,
summaries of public records information provided by law enforcement agen-
cies, or public records information displayed by law enforcement agencies on
websites or provided through other means of communication, commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(d) A sexual predator who commits any act or omission in violation of this
section may be prosecuted for the act or omission in the county in which the
act or omission was committed, the county of the last registered address of
the sexual predator, or the county in which the conviction occurred for the
offense or offenses that meet the criteria for designating a person as a sexual
predator. In addition, a sexual predator may be prosecuted for any such act
or omission in the county in which he or she was designated a sexual preda-
tor.
(e) An arrest on charges of failure to register, the service of an informa-
tion or a complaint for a violation of this section, or an arraignment on
charges for a violation of this section constitutes actual notice of the duty
to register when the predator has been provided and advised of his or her
statutory obligation to register under subsection (6). A sexual predator's
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failure to immediately register as required by this section following such
arrest, service, or arraignment constitutes grounds for a subsequent charge
of failure to register. A sexual predator charged with the crime of failure to
register who asserts, or intends to assert, a lack of notice of the duty to
register as a defense to a charge of failure to register shall immediately
register as required by this section. A sexual predator who is charged with
a subsequent failure to register may not assert the defense of a lack of notice
of the duty to register.
(f) Registration following such arrest, service, or arraignment is not a
defense and does not relieve the sexual predator of criminal liability for the
failure to register.
(g) Any person who has reason to believe that a sexual predator is not
complying, or has not complied, with the requirements of this section and
who, with the intent to assist the sexual predator in eluding a law enforce-
ment agency that is seeking to find the sexual predator to question the
sexual predator about, or to arrest the sexual predator for, his or her non-
compliance with the requirements of this section:
1. Withholds information from, or does not notify, the law enforcement
agency about the sexual predator's noncompliance with the requirements of
this section, and, if known, the whereabouts of the sexual predator;
2. Harbors, or attempts to harbor, or assists another person in harboring
or attempting to harbor, the sexual predator;
3. Conceals or attempts to conceal, or assists another person in conceal-
ing or attempting to conceal, the sexual predator; or
4. Provides information to the law enforcement agency regarding the
sexual predator which the person knows to be false information,
commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084. This paragraph does not apply if the sexual preda-
tor is incarcerated in or is in the custody of a state correctional facility, a
private correctional facility, a local jail, or a federal correctional facility.
Section 4. Paragraph (a) of subsection (3) of section 775.082, Florida
Statutes, is amended to read:
775.082 Penalties; applicability of sentencing structures; mandatory
minimum sentences for certain reoffenders previously released from pris-
on.--
(3) A person who has been convicted of any other designated felony may
be punished as follows:
(a)1. For a life felony committed prior to October 1, 1983, by a term of
imprisonment for life or for a term of years not less than 30.
2. For a life felony committed on or after October 1, 1983, by a term of
imprisonment for life or by a term of imprisonment not exceeding 40 years.
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3. Except as provided in subparagraph 4., for a life felony committed on
or after July 1, 1995, by a term of imprisonment for life or by imprisonment
for a term of years not exceeding life imprisonment.
4. For a life felony committed on or after September 1, 2005, which is a
violation of s. 800.04(5)(b), by:
a. A term of imprisonment for life; or
b. A split sentence that is a term of not less than 25 years imprisonment
and not exceeding life imprisonment, followed by probation or community
control for the remainder of the person's natural life, as provided in s.
948.012(4).
Section 5. Paragraph (b) of subsection (5) of section 800.04, Florida Stat-
utes, is amended to read:
800.04 Lewd or lascivious offenses committed upon or in the presence of
persons less than 16 years of age.--
(5) LEWD OR LASCIVIOUS MOLESTATION.--
(b) An offender 18 years of age or older who commits lewd or lascivious
molestation against a victim less than 12 years of age commits a life felony
of the first degree, punishable as provided in s. 775.082(3)(a)4. s. 775.082,
s. 775.083, or s. 775.084.
Section 6. Paragraphs (f), (g), and (i) of subsection (3) of section 921.0022,
Florida Statutes, are amended to read:
921.0022 Criminal Punishment Code; offense severity ranking chart.--
(3) OFFENSE SEVERITY RANKING CHART
Florida
Felony
Statute
Degree
Description
(f) LEVEL 6
316.193(2)(b)
3rd
Felony DUI, 4th or subsequent conviction.
499.0051(3)
2nd
Forgery of pedigree papers.
499.0051(4)
2nd
Purchase or receipt of legend drug from
unauthorized person.
499.0051(5)
2nd
Sale of legend drug to unauthorized
person.
775.0875(1)
3rd
Taking firearm from law enforcement
officer.
775.21(10)
3rd
Sexual predators; failure to register;
failure to renew driver's license or
identification card.
784.021(1)(a)
3rd
Aggravated assault; deadly weapon
without intent to kill.
784.021(1)(b)
3rd
Aggravated assault; intent to commit
felony.
784.041
3rd
Felony battery.
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Florida
Felony
Statute
Degree
Description
784.048(3)
3rd
Aggravated stalking; credible threat.
784.048(5)
3rd
Aggravated stalking of person under 16.
784.07(2)(c)
2nd
Aggravated assault on law enforcement
officer.
784.074(1)(b)
2nd
Aggravated assault on sexually violent
predators facility staff.
784.08(2)(b)
2nd
Aggravated assault on a person 65 years
of age or older.
784.081(2)
2nd
Aggravated assault on specified official or
employee.
784.082(2)
2nd
Aggravated assault by detained person on
visitor or other detainee.
784.083(2)
2nd
Aggravated assault on code inspector.
787.02(2)
3rd
False imprisonment; restraining with
purpose other than those in s. 787.01.
790.115(2)(d)
2nd
Discharging firearm or weapon on school
property.
790.161(2)
2nd
Make, possess, or throw destructive
device with intent to do bodily harm or
damage property.
790.164(1)
2nd
False report of deadly explosive, weapon
of mass destruction, or act of arson or
violence to state property.
790.19
2nd
Shooting or throwing deadly missiles into
dwellings, vessels, or vehicles.
794.011(8)(a)
3rd
Solicitation of minor to participate in
sexual activity by custodial adult.
794.05(1)
2nd
Unlawful sexual activity with specified
minor.
800.04(5)(d)
3rd
Lewd or lascivious molestation; victim 12
years of age or older but less than 16
years; offender less than 18 years.
800.04(6)(b)
2nd
Lewd or lascivious conduct; offender 18
years of age or older.
806.031(2)
2nd
Arson resulting in great bodily harm to
firefighter or any other person.
810.02(3)(c)
2nd
Burglary of occupied structure; unarmed;
no assault or battery.
812.014(2)(b)1.
2nd
Property stolen $20,000 or more, but less
than $100,000, grand theft in 2nd degree.
812.015(9)
2nd
Retail theft; property stolen $300 or more;
second or subsequent conviction.
812.13(2)(c)
2nd
Robbery, no firearm or other weapon
(strong-arm robbery).
817.034(4)(a)1.
1st
Communications fraud, value greater
than $50,000.
817.4821(5)
2nd
Possess cloning paraphernalia with intent
to create cloned cellular telephones.
825.102(1)
3rd
Abuse of an elderly person or disabled
adult.
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Florida
Felony
Statute
Degree
Description
825.102(3)(c)
3rd
Neglect of an elderly person or disabled
adult.
825.1025(3)
3rd
Lewd or lascivious molestation of an
elderly person or disabled adult.
825.103(2)(c)
3rd
Exploiting an elderly person or disabled
adult and property is valued at less than
$20,000.
827.03(1)
3rd
Abuse of a child.
827.03(3)(c)
3rd
Neglect of a child.
827.071(2)&(3)
2nd
Use or induce a child in a sexual
performance, or promote or direct such
performance.
836.05
2nd
Threats; extortion.
836.10
2nd
Written threats to kill or do bodily injury.
843.12
3rd
Aids or assists person to escape.
847.0135(3)
3rd
Solicitation of a child, via a computer
service, to commit an unlawful sex act.
914.23
2nd
Retaliation against a witness, victim, or
informant, with bodily injury.
943.0435(9)
3rd
Sex offenders; failure to comply with
reporting requirements.
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.
944.40
2nd
Escapes.
944.46
3rd
Harboring, concealing, aiding escaped
prisoners.
944.47(1)(a)5.
2nd
Introduction of contraband (firearm,
weapon, or explosive) into correctional
facility.
951.22(1)
3rd
Intoxicating drug, firearm, or weapon
introduced into county facility.
(g) LEVEL 7
316.027(1)(b)
2nd
Accident involving death, failure to stop;
leaving scene.
316.193(3)(c)2.
3rd
DUI resulting in serious bodily injury.
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.
327.35(3)(c)2.
3rd
Vessel BUI resulting in serious bodily
injury.
402.319(2)
2nd
Misrepresentation and negligence or
intentional act resulting in great bodily
harm, permanent disfiguration,
permanent disability, or death.
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Florida
Felony
Statute
Degree
Description
409.920(2)
3rd
Medicaid provider fraud.
456.065(2)
3rd
Practicing a health care profession
without a license.
456.065(2)
2nd
Practicing a health care profession
without a license which results in serious
bodily injury.
458.327(1)
3rd
Practicing medicine without a license.
459.013(1)
3rd
Practicing osteopathic medicine without a
license.
460.411(1)
3rd
Practicing chiropractic medicine without a
license.
461.012(1)
3rd
Practicing podiatric medicine without a
license.
462.17
3rd
Practicing naturopathy without a license.
463.015(1)
3rd
Practicing optometry without a license.
464.016(1)
3rd
Practicing nursing without a license.
465.015(2)
3rd
Practicing pharmacy without a license.
466.026(1)
3rd
Practicing dentistry or dental hygiene
without a license.
467.201
3rd
Practicing midwifery without a license.
468.366
3rd
Delivering respiratory care services
without a license.
483.828(1)
3rd
Practicing as clinical laboratory personnel
without a license.
483.901(9)
3rd
Practicing medical physics without a
license.
484.013(1)(c)
3rd
Preparing or dispensing optical devices
without a prescription.
484.053
3rd
Dispensing hearing aids without a
license.
494.0018(2)
1st
Conviction of any violation of ss. 494.001-
494.0077 in which the total money and
property unlawfully obtained exceeded
$50,000 and there were five or more
victims.
560.123(8)(b)1.
3rd
Failure to report currency or payment
instruments exceeding $300 but less than
$20,000 by money transmitter.
560.125(5)(a)
3rd
Money transmitter business by
unauthorized person, currency or
payment instruments exceeding $300 but
less than $20,000.
655.50(10)(b)1.
3rd
Failure to report financial transactions
exceeding $300 but less than $20,000 by
financial institution.
775.21(10)(a)
3rd
Sexual predator; failure to register;
failure to renew driver's license or
identification card; other registration
violations.
Ch. 2005-28
LAWS OF FLORIDA
Ch. 2005-28
11
CODING: Words stricken are deletions; words underlined are additions.
Florida
Felony
Statute
Degree
Description
775.21(10)(b)
3rd
Sexual predator working where children
regularly congregate.
775.21(10)(g)
3rd
Failure to report or providing false
information about a sexual predator;
harbor or conceal a sexual predator.
782.051(3)
2nd
Attempted felony murder of a person by a
person other than the perpetrator or the
perpetrator of an attempted felony.
782.07(1)
2nd
Killing of a human being by the act,
procurement, or culpable negligence of
another (manslaughter).
782.071
2nd
Killing of human being or viable fetus by
the operation of a motor vehicle in a
reckless manner (vehicular homicide).
782.072
2nd
Killing of a human being by the operation
of a vessel in a reckless manner (vessel
homicide).
784.045(1)(a)1.
2nd
Aggravated battery; intentionally causing
great bodily harm or disfigurement.
784.045(1)(a)2.
2nd
Aggravated battery; using deadly weapon.
784.045(1)(b)
2nd
Aggravated battery; perpetrator aware
victim pregnant.
784.048(4)
3rd
Aggravated stalking; violation of
injunction or court order.
784.048(7)
3rd
Aggravated stalking; violation of court
order.
784.07(2)(d)
1st
Aggravated battery on law enforcement
officer.
784.074(1)(a)
1st
Aggravated battery on sexually violent
predators facility staff.
784.08(2)(a)
1st
Aggravated battery on a person 65 years
of age or older.
784.081(1)
1st
Aggravated battery on specified official or
employee.
784.082(1)
1st
Aggravated battery by detained person on
visitor or other detainee.
784.083(1)
1st
Aggravated battery on code inspector.
790.07(4)
1st
Specified weapons violation subsequent to
previous conviction of s. 790.07(1) or (2).
790.16(1)
1st
Discharge of a machine gun under
specified circumstances.
790.165(2)
2nd
Manufacture, sell, possess, or deliver hoax
bomb.
790.165(3)
2nd
Possessing, displaying, or threatening to
use any hoax bomb while committing or
attempting to commit a felony.
790.166(3)
2nd
Possessing, selling, using, or attempting
to use a hoax weapon of mass destruction.
Ch. 2005-28
LAWS OF FLORIDA
Ch. 2005-28
12
CODING: Words stricken are deletions; words underlined are additions.
Florida
Felony
Statute
Degree
Description
790.166(4)
2nd
Possessing, displaying, or threatening to
use a hoax weapon of mass destruction
while committing or attempting to commit
a felony.
796.03
2nd
Procuring any person under 16 years for
prostitution.
800.04(5)(c)1.
2nd
Lewd or lascivious molestation; victim
less than 12 years of age; offender less
than 18 years.
800.04(5)(c)2.
2nd
Lewd or lascivious molestation; victim 12
years of age or older but less than 16
years; offender 18 years or older.
806.01(2)
2nd
Maliciously damage structure by fire or
explosive.
810.02(3)(a)
2nd
Burglary of occupied dwelling; unarmed;
no assault or battery.
810.02(3)(b)
2nd
Burglary of unoccupied dwelling;
unarmed; no assault or battery.
810.02(3)(d)
2nd
Burglary of occupied conveyance;
unarmed; no assault or battery.
812.014(2)(a)1.
1st
Property stolen, valued at $100,000 or
more; property stolen while causing other
property damage; 1st degree grand theft.
812.014(2)(b)2.
2nd
Property stolen, cargo valued at less than
$50,000, grand theft in 2nd degree.
812.014(2)(b)3.
2nd
Property stolen, emergency medical
equipment; 2nd degree grand theft.
812.0145(2)(a)
1st
Theft from person 65 years of age or
older; $50,000 or more.
812.019(2)
1st
Stolen property; initiates, organizes,
plans, etc., the theft of property and
traffics in stolen property.
812.131(2)(a)
2nd
Robbery by sudden snatching.
812.133(2)(b)
1st
Carjacking; no firearm, deadly weapon, or
other weapon.
817.234(8)(a)
2nd
Solicitation of motor vehicle accident
victims with intent to defraud.
817.234(9)
2nd
Organizing, planning, or participating in
an intentional motor vehicle collision.
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