Felony Sentencing

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.