921.0022 Criminal Punishment Code; offense severity ranking
chart.--
Editor's Note: Each felony offense is given a ranking under the
Florida Punishment Code. These rankings are given a set number of
points. Points determine whether the sentence is supposed to be a
prison sentence or not. The formula is rather complicated, but 44
is the magic number. Anything above 44 points is supposed to be a
prison sentence. Notice how an offense with the same name may be
in several categories depending on the statutory sub-section. All
level 7 and above offenses score out to state prison BEFORE calculating
victim injury, sex contact, prior record and other factors.
(1) The offense severity ranking chart must be used with the Criminal
Punishment Code worksheet to compute a sentence score for each felony
offender whose offense was committed on or after October 1, 1998.
(2) The offense severity ranking chart has 10 offense levels, ranked
from least severe, which are level 1 offenses, to most severe, which are
level 10 offenses, and each felony offense is assigned to a level
according to the severity of the offense. For purposes of determining
which felony offenses are specifically listed in the offense severity
ranking chart and which severity level has been assigned to each of
these offenses, the numerical statutory references in the left column of
the chart and the felony degree designations in the middle column of the
chart are controlling; the language in the right column of the chart is
provided solely for descriptive purposes. Reclassification of the degree
of the felony through the application of s. 775.0845, s. 775.0861, s.
775.087, s. 775.0875, s. 794.023, or any other law that provides an
enhanced penalty for a felony offense, to any offense listed in the
offense severity ranking chart in this section shall not cause the
offense to become unlisted and is not subject to the provisions of s.
921.0023.
(3) OFFENSE SEVERITY RANKING CHART
Florida
Statute Felony
Degree Description
(a) LEVEL 1
24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
212.054(2)(b) 3rd Discretionary sales surtax; limitations,
administration, and collection.
212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300
but less than $20,000.
316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
319.30(5) 3rd Sell, exchange, give away certificate of title or
identification number plate.
319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license
plates or validation stickers.
322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or
unlawfully issued driver's license; possession of simulated
identification.
322.212(4) 3rd Supply or aid in supplying unauthorized driver's license
or identification card.
322.212(5)(a) 3rd False application for driver's license or
identification card.
370.13(2)(c)1. 3rd Molest any stone crab trap, line, or buoy which is
property of licenseholder.
370.135(1) 3rd Molest any blue crab trap, line, or buoy which is
property of licenseholder.
372.663(1) 3rd Poach any alligator or crocodilia.
414.39(2) 3rd Unauthorized use, possession, forgery, or alteration of
food stamps, Medicaid ID, value greater than $200.
414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds
by employee/official, value more than $200.
443.071(1) 3rd False statement or representation to obtain or increase
unemployment compensation benefits.
509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than
$300.
517.302(1) 3rd Violation of the Florida Securities and Investor
Protection Act.
562.27(1) 3rd Possess still or still apparatus.
713.69 3rd Tenant removes property upon which lien has accrued, value
more than $50.
812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property
not specified in subsection (2).
812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a
trade secret.
815.04(4)(a) 3rd Offense against intellectual property (i.e., computer
programs, data).
817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
817.569(2) 3rd Use of public record or public records information to
facilitate commission of a felony.
826.01 3rd Bigamy.
828.122(3) 3rd Fighting or baiting animals.
831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed,
map, plat, or other document listed in s. 92.28.
831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled
substances, all but s. 893.03(5) drugs.
832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
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.
838.15(2) 3rd Commercial bribe receiving.
838.16 3rd Commercial bribery.
843.18 3rd Fleeing by boat to elude a law enforcement officer.
847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material
(2nd conviction).
849.01 3rd Keeping gambling house.
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.
849.23 3rd Gambling-related machines; “common offender” as to property
rights.
849.25(2) 3rd Engaging in bookmaking.
860.08 3rd Interfere with a railroad signal.
860.13(1)(a) 3rd Operate aircraft while under the influence.
893.13(2)(a)2. 3rd Purchase of cannabis.
893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
934.03(1)(a) 3rd Intercepts, or procures any other person to intercept,
any wire or oral communication.
(b) LEVEL 2
370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in
violation of the Marine Turtle Protection Act.
370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in
violation of the Marine Turtle Protection Act.
403.413(5)(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.
517.07 3rd Registration of securities and furnishing of prospectus
required.
[2]590.28(1) 3rd Willful, malicious, or intentional burning.
784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor
who uses it to inflict injury or death.
787.04(1) 3rd In violation of court order, take, entice, etc., minor
beyond state limits.
806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public
communication or any other public service.
810.061(2) 3rd Impairing or impeding telephone or power to a dwelling;
facilitating or furthering burglary.
810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than
$5,000.
812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than
$300, taken from unenclosed curtilage of dwelling.
812.015(7) 3rd Possession, use, or attempted use of an antishoplifting
or inventory control device countermeasure.
817.234(1)(a)2. 3rd False statement in support of insurance claim.
817.481(3)(a) 3rd Obtain credit or purchase with false, expired,
counterfeit, etc., credit card, value over $300.
817.52(3) 3rd Failure to redeliver hired vehicle.
817.54 3rd With intent to defraud, obtain mortgage note, etc., by false
representation.
817.60(5) 3rd Dealing in credit cards of another.
817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
817.61 3rd Fraudulent use of credit cards over $100 or more within 6
months.
826.04 3rd Knowingly marries or has sexual intercourse with person to
whom related.
831.01 3rd Forgery.
831.02 3rd Uttering forged instrument; utters or publishes alteration
with intent to defraud.
831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory
notes.
831.11 3rd Bringing into the state forged bank bills, checks, drafts, or
notes.
832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
843.08 3rd Falsely impersonating an officer.
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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4)
drugs other than cannabis.
893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
(c) LEVEL 3
119.10(2)(b) 3rd Unlawful use of confidential information from police
reports.
316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash
reports.
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer
in patrol vehicle with siren and lights activated.
319.30(4) 3rd Possession by junkyard of motor vehicle with
identification number plate removed.
319.33(1)(a) 3rd Alter or forge any certificate of title to a motor
vehicle or mobile home.
319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank,
forged, or unlawfully obtained title or registration.
327.35(2)(b) 3rd Felony BUI.
328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or
fraudulent titles or bills of sale of vessels.
328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit
or wrong ID number.
370.12(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.
370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a
violation of the Marine Turtle Protection Act.
376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under
the Inland Protection Trust Fund.
3400.903(3) 3rd Operating a clinic without a license or filing false
license application or other required information.
440.105(3)(b) 3rd Receipt of fee or consideration without approval by
judge of compensation claims.
440.1051(3) 3rd False report of workers' compensation fraud or
retaliation for making such a report.
501.001(2)(b) 2nd Tampers with a consumer product or the container using
materially false/misleading information.
624.401(4)(a) 3rd Transacting insurance without a certificate of
authority.
624.401(4)(b)1. 3rd Transacting insurance without a certificate of
authority; premium collected less than $20,000.
626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
697.08 3rd Equity skimming.
790.15(3) 3rd Person directs another to discharge firearm from a
vehicle.
796.05(1) 3rd Live on earnings of a prostitute.
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or
equipment used in firefighting.
806.10(2) 3rd Interferes with or assaults firefighter in performance of
duty.
810.09(2)(c) 3rd Trespass on property other than structure or conveyance
armed with firearm or dangerous weapon.
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or
more but less than $10,000.
815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications
Fraud Act), property valued at less than $20,000.
817.233 3rd Burning to defraud insurer.
817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor
vehicle accidents.
817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
817.236 3rd Filing a false motor vehicle insurance application.
817.2361 3rd Creating, marketing, or presenting a false or fraudulent
motor vehicle insurance card.
817.413(2) 3rd Sale of used goods as new.
817.505(4) 3rd Patient brokering.
828.12(2) 3rd Tortures any animal with intent to inflict intense pain,
serious physical injury, or death.
831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to
defraud or possessing a counterfeit payment instrument.
831.29 2nd Possession of instruments for counterfeiting drivers'
licenses or identification cards.
838.021(3)(b) 3rd Threatens unlawful harm to public servant.
843.19 3rd Injure, disable, or kill police dog or horse.
860.15(3) 3rd Overcharging for repairs and parts.
870.01(2) 3rd Riot; inciting or encouraging.
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)5., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
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)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) drugs within 1,000 feet of university.
893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) drugs within 1,000 feet of public housing
facility.
893.13(6)(a) 3rd Possession of any controlled substance other than
felony possession of cannabis.
893.13(7)(a)8. 3rd Withhold information from practitioner regarding
previous receipt of or prescription for a controlled substance.
893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by
fraud, forgery, misrepresentation, etc.
893.13(7)(a)10. 3rd Affix false or forged label to package of controlled
substance.
893.13(7)(a)11. 3rd Furnish false or fraudulent material information on
any document or record required by chapter 893.
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.
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 controlled substance.
893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled
substance for a fictitious person.
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.
918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
944.47(1)(c) 2nd Possess contraband while upon the grounds of a
correctional institution.
985.3141 3rd Escapes from a juvenile facility (secure detention or
residential commitment facility).
(d) LEVEL 4
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.
499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
499.0051(2) 3rd Failure to authenticate pedigree papers.
499.0051(6) 2nd Sale or delivery, or possession with intent to sell,
contraband legend drugs.
784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake
officer, etc.
784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
784.075 3rd Battery on detention or commitment facility staff.
784.078 3rd Battery of facility employee by throwing, tossing, or
expelling certain fluids or materials.
784.08(2)(c) 3rd Battery on a person 65 years of age or older.
784.081(3) 3rd Battery on specified official or employee.
784.082(3) 3rd Battery by detained person on visitor or other detainee.
784.083(3) 3rd Battery on code inspector.
784.085 3rd Battery of child by throwing, tossing, projecting, or
expelling certain fluids or materials.
787.03(1) 3rd Interference with custody; wrongly takes child from
appointed guardian.
787.04(2) 3rd Take, entice, or remove child beyond state limits with
criminal intent pending custody proceedings.
787.04(3) 3rd Carrying child beyond state lines with criminal intent to
avoid producing child at custody hearing or delivering to designated
person.
790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a
school.
790.115(2)(b) 3rd Possessing electric weapon or device, destructive
device, or other weapon on school property.
790.115(2)(c) 3rd Possessing firearm on school property.
800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18
years.
810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied
structure; unarmed; no assault or battery.
810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied
conveyance; unarmed; no assault or battery.
810.06 3rd Burglary; possession of tools.
810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous
weapon.
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less
than $20,000.
812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor
vehicle, livestock, etc.
812.0195(2) 3rd Dealing in stolen property by use of the Internet;
property stolen $300 or more.
817.563(1) 3rd Sell or deliver substance other than controlled substance
agreed upon, excluding s. 893.03(5) drugs.
817.568(2)(a) 3rd Fraudulent use of personal identification information.
817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent
breeding disability to any registered horse or cattle.
837.02(1) 3rd Perjury in official proceedings.
837.021(1) 3rd Make contradictory statements in official proceedings.
838.022 3rd Official misconduct.
839.13(2)(a) 3rd Falsifying records of an individual in the care and
custody of a state agency.
839.13(2)(c) 3rd Falsifying records of the Department of Children and
Family Services.
843.021 3rd Possession of a concealed handcuff key by a person in
custody.
843.025 3rd Deprive law enforcement, correctional, or correctional
probation officer of means of protection or communication.
843.15(1)(a) 3rd Failure to appear while on bail for felony (bond
estreature or bond jumping).
874.05(1) 3rd Encouraging or recruiting another to join a criminal
street gang.
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)4. drugs).
914.14(2) 3rd Witnesses accepting bribes.
914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
914.23(2) 3rd Retaliation against a witness, victim, or informant, no
bodily injury.
918.12 3rd Tampering with jurors.
934.215 3rd Use of two-way communications device to facilitate
commission of a crime.
(e) LEVEL 5
316.027(1)(a) 3rd Accidents involving personal injuries, failure to
stop; leaving scene.
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
322.34(6) 3rd Careless operation of motor vehicle with suspended
license, resulting in death or serious bodily injury.
327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV
positive.
440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
440.105(5) 2nd Unlawful solicitation for the purpose of making workers'
compensation claims.
440.381(2) 2nd Submission of false, misleading, or incomplete
information with the purpose of avoiding or reducing workers'
compensation premiums.
624.401(4)(b)2. 2nd Transacting insurance without a certificate or
authority; premium collected $20,000 or more but less than $100,000.
626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
790.01(2) 3rd Carrying a concealed firearm.
790.162 2nd Threat to throw or discharge destructive device.
790.163(1) 2nd False report of deadly explosive or weapon of mass
destruction.
790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
790.23 2nd Felons in possession of firearms, ammunition, or electronic
weapons or devices.
800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18
years.
800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or
older.
806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent
to damage any structure or property.
812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000
or more but less than $50,000.
812.015(8) 3rd Retail theft; property stolen is valued at $300 or more
and one or more specified acts.
812.019(1) 2nd Stolen property; dealing in or trafficking in.
812.131(2)(b) 3rd Robbery by sudden snatching.
812.16(2) 3rd Owning, operating, or conducting a chop shop.
817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but
less than $100,000.
817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements,
making false entries of material fact or false statements regarding
property values relating to the solvency of an insuring entity.
817.568(2)(b) 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 individuals.
817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device
or reencoder.
825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an
elderly person or disabled adult.
827.071(4) 2nd Possess with intent to promote any photographic material,
motion picture, etc., which includes sexual conduct by a child.
827.071(5) 3rd Possess any photographic material, motion picture, etc.,
which includes sexual conduct by a child.
839.13(2)(b) 2nd Falsifying records of an individual in the care and
custody of a state agency involving great bodily harm or death.
843.01 3rd Resist officer with violence to person; resist arrest with
violence.
847.0137(2) & (3) 3rd Transmission of pornography by electronic device
or equipment.
847.0138(2) & (3) 3rd Transmission of material harmful to minors to a
minor by electronic device or equipment.
874.05(2) 2nd Encouraging or recruiting another to join a criminal
street gang; second or subsequent offense.
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)4. drugs).
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)5., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a
child care facility, school, or state, county, or municipal park or
publicly owned recreational facility or community center.
893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within
1,000 feet of university.
893.13(1)(e)2. 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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within
1,000 feet of property used for religious services or a specified
business site.
893.13(1)(f)1. 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)4. drugs)
within 1,000 feet of public housing facility.
893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) drugs).
(f) LEVEL 6
316.193(2)(b) 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.
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.
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.
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(2) 3rd Facilitates sexual conduct of or with a minor or the
visual depiction of such conduct.
914.23 2nd Retaliation against a witness, victim, or informant, with
bodily injury.
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.
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.
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.
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.
817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or
false statements regarding property values relating to the solvency of
an insuring entity which are a significant cause of the insolvency of
that entity.
825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing
great bodily harm, disability, or disfigurement.
825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and
property is valued at $20,000 or more, but less than $100,000.
827.03(3)(b) 2nd Neglect of a child causing great bodily harm,
disability, or disfigurement.
827.04(3) 3rd Impregnation of a child under 16 years of age by person 21
years of age or older.
837.05(2) 3rd Giving false information about alleged capital felony to a
law enforcement officer.
838.015 2nd Bribery.
838.016 2nd Unlawful compensation or reward for official behavior.
838.021(3)(a) 2nd Unlawful harm to a public servant.
838.22 2nd Bid tampering.
847.0135(3) 3rd Solicitation of a child, via a computer service, to
commit an unlawful sex act.
872.06 2nd Abuse of a dead human body.
893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug
prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4.) within 1,000 feet of a child care facility, school, or state,
county, or municipal park or publicly owned recreational facility or
community center.
893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug
prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or
(2)(c)4., within 1,000 feet of property used for religious services or a
specified business site.
893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a),
(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less
than 2,000 lbs.
893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less
than 200 grams.
893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams,
less than 14 grams.
893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams,
less than 200 grams.
893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams,
less than 5 kilograms.
893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less
than 28 grams.
893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more,
less than 14 grams.
893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1
kilogram or more, less than 5 kilograms.
893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more,
less than 5 kilograms.
893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more,
less than 200 grams.
896.101(5)(a) 3rd Money laundering, financial transactions exceeding
$300 but less than $20,000.
896.104(4)(a)1. 3rd Structuring transactions to evade reporting or
registration requirements, financial transactions exceeding $300 but
less than $20,000.
943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure
to comply with reporting requirements.
943.0435(8) 2nd Sexual offender; remains in state after indicating
intent to leave; failure to comply with reporting requirements.
943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting
requirements.
943.0435(13) 3rd Failure to report or providing false information about
a sexual offender; harbor or conceal a sexual offender.
943.0435(14) 3rd Sexual offender; failure to report and reregister;
failure to respond to address verification.
944.607(9) 3rd Sexual offender; failure to comply with reporting
requirements.
944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a
digitized photograph.
944.607(12) 3rd Failure to report or providing false information about a
sexual offender; harbor or conceal a sexual offender.
944.607(13) 3rd Sexual offender; failure to report and reregister;
failure to respond to address verification.
(h) LEVEL 8
316.193(3)(c)3.a. 2nd DUI manslaughter.
316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious
bodily injury or death.
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
499.0051(7) 1st Forgery of prescription or legend drug labels.
499.0052 1st Trafficking in contraband legend drugs.
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.
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.
655.50(10)(b)2. 2nd Failure to report financial transactions totaling or
exceeding $20,000, but less than $100,000 by financial institutions.
777.03(2)(a) 1st Accessory after the fact, capital felony.
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, aircraft piracy, or unlawfully discharging bomb.
782.051(2) 1st Attempted felony murder while perpetrating or attempting
to perpetrate a felony not enumerated in s. 782.04(3).
782.071(1)(b) 1st Committing vehicular homicide and failing to render
aid or give information.
782.072(2) 1st Committing vessel homicide and failing to render aid or
give information.
790.161(3) 1st Discharging a destructive device which results in bodily
harm or property damage.
794.011(5) 2nd Sexual battery, victim 12 years or over, offender does
not use physical force likely to cause serious injury.
800.04(4) 2nd Lewd or lascivious battery.
806.01(1) 1st Maliciously damage dwelling or structure by fire or
explosive, believing person in structure.
810.02(2)(a) 1st,PBL Burglary with assault or battery.
810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous
weapon.
810.02(2)(c) 1st Burglary of a dwelling or structure causing structural
damage or $1,000 or more property damage.
812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more,
grand theft in 1st degree.
812.13(2)(b) 1st Robbery with a weapon.
812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or
other weapon.
817.568(6) 2nd Fraudulent use of personal identification information of
an individual under the age of 18.
825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or
disabled adult.
825.103(2)(a) 1st Exploiting an elderly person or disabled adult and
property is valued at $100,000 or more.
837.02(2) 2nd Perjury in official proceedings relating to prosecution of
a capital felony.
837.021(2) 2nd Making contradictory statements in official proceedings
relating to prosecution of a capital felony.
860.121(2)(c) 1st Shooting at or throwing any object in path of railroad
vehicle resulting in great bodily harm.
860.16 1st Aircraft piracy.
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).
893.13(2)(b) 1st Purchase in excess of 10 grams of any substance
specified in s. 893.03(1)(a) or (b).
893.13(6)(c) 1st Possess in excess of 10 grams of any substance
specified in s. 893.03(1)(a) or (b).
893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less
than 10,000 lbs.
893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less
than 400 grams.
893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams,
less than 28 grams.
893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams,
less than 400 grams.
893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5
kilograms, less than 25 kilograms.
893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams,
less than 200 grams.
893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more,
less than 28 grams.
893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5
kilograms or more, less than 10 kilograms.
893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or
more, less than 10 kilograms.
893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more,
less than 400 grams.
895.03(1) 1st Use or invest proceeds derived from pattern of
racketeering activity.
895.03(2) 1st Acquire or maintain through racketeering activity any
interest in or control of any enterprise or real property.
895.03(3) 1st Conduct or participate in any enterprise through pattern
of racketeering activity.
896.101(5)(b) 2nd Money laundering, financial transactions totaling or
exceeding $20,000, but less than $100,000.
896.104(4)(a)2. 2nd Structuring transactions to evade reporting or
registration requirements, financial transactions totaling or exceeding
$20,000 but less than $100,000.
(i) LEVEL 9
316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give
information.
327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give
information.
499.00535 1st Sale or purchase of contraband legend drugs resulting in
great bodily harm.
560.123(8)(b)3. 1st Failure to report currency or payment instruments
totaling or exceeding $100,000 by money transmitter.
560.125(5)(c) 1st Money transmitter business by unauthorized person,
currency, or payment instruments totaling or exceeding $100,000.
655.50(10)(b)3. 1st Failure to report financial transactions totaling or
exceeding $100,000 by financial institution.
775.0844 1st Aggravated white collar crime.
782.04(1) 1st Attempt, conspire, or solicit to commit premeditated
murder.
782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual
battery, robbery, burglary, and other specified felonies.
782.051(1) 1st Attempted felony murder while perpetrating or attempting
to perpetrate a felony enumerated in s. 782.04(3).
782.07(2) 1st Aggravated manslaughter of an elderly person or disabled
adult.
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a
shield or hostage.
787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate
commission of any felony.
787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with
performance of any governmental or political function.
787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator
also commits aggravated child abuse, sexual battery, or lewd or
lascivious battery, molestation, conduct, or exhibition.
790.161 1st Attempted capital destructive device offense.
790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a
weapon of mass destruction.
794.011(2) 1st Attempted sexual battery; victim less than 12 years of
age.
794.011(2) Life Sexual battery; offender younger than 18 years and
commits sexual battery on a person less than 12 years.
794.011(4) 1st Sexual battery; victim 12 years or older, certain
circumstances.
794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12
to 18 years by person in familial or custodial authority.
800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12
years; offender 18 years or older.
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
812.135(2)(b) 1st Home-invasion robbery with weapon.
817.568(7) 2nd,PBL Fraudulent use of personal identification information
of an individual under the age of 18 by his or her parent, legal
guardian, or person exercising custodial authority.
827.03(2) 1st Aggravated child abuse.
847.0145(1) 1st Selling, or otherwise transferring custody or control,
of a minor.
847.0145(2) 1st Purchasing, or otherwise obtaining custody or control,
of a minor.
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.
893.135 1st Attempted capital trafficking offense.
893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less
than 150 kilograms.
893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams,
less than 30 kilograms.
893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25
kilograms.
893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10
kilograms or more.
893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or
more.
893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
896.101(5)(c) 1st Money laundering, financial instruments totaling or
exceeding $100,000.
896.104(4)(a)3. 1st Structuring transactions to evade reporting or
registration requirements, financial transactions totaling or exceeding
$100,000.
(j) LEVEL 10
499.00545 1st Sale or purchase of contraband legend drugs resulting in
death.
782.04(2) 1st,PBL Unlawful killing of human; act is homicide,
unpremeditated.
787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize
victim.
787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also
commits aggravated child abuse, sexual battery, or lewd or lascivious
battery, molestation, conduct, or exhibition.
782.07(3) 1st Aggravated manslaughter of a child.
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.
812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly
weapon.
876.32 1st Treason against the state.
This section of Florida law is provided for informational purposes
only. This section does not include case law construction and is not
intended to constitute legal interpretation nor advice.
