SESSION WATCH
THE BILL ITSELF

CS/HB 559

Animal Welfare

VERSION H 559 er · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

2 An act relating to animal welfare; amending s. 828.12,
3 F.S.; creating the offense of causing or enticing a
4 minor to commit, or in the presence of a minor
5 committing, animal cruelty; requiring a court to order
6 a minor who commits specified acts of animal cruelty
7 to undergo a psychological evaluation and receive
8 counseling and treatment for a specified time period;
9 requiring the minor's parent or guardian or the state
10 to pay the cost of such evaluation, counseling, and
11 treatment; providing an exception; authorizing the
12 court to hold the parent or guardian in contempt under
13 certain circumstances; requiring the Department of Law
14 Enforcement to post on its website specified
15 information relating to each individual convicted of
16 specified animal cruelty offenses; specifying time
17 periods for which the information shall be posted;
18 requiring the department to develop a procedure to
19 allow a person to petition for the removal of his or
20 her information under specified circumstances;
21 requiring the department to remove specified
22 information under specified circumstances; specifying
23 the time period within which such information must be
24 removed; authorizing the department to adopt rules;
25 requiring clerks of court and county detention
26 facilities to provide the Department of Law
27 Enforcement with specified information, data, and
28 images; amending s. 828.122, F.S.; creating the
29 offense of causing or enticing a minor to commit, or
30 in the presence of a minor committing, fighting or
31 baiting animals; amending s. 828.126, F.S.; creating
32 the offense of causing or enticing a minor to commit,
33 or in the presence of a minor committing, sexual
34 activities involving animals; amending s. 828.27,
35 F.S.; increasing the maximum civil penalty for
36 specified violations of ordinances relating to animal
37 control or cruelty; amending s. 921.0022, F.S.;
38 increasing the level on the offense severity ranking
39 chart for fighting or baiting animals; ranking
40 offenses created by the act on the offense severity
41 ranking chart; providing an effective date.
43 Be It Enacted by the Legislature of the State of Florida:
45 Section 1. Subsections (4) through (7) of section 828.12,
46 Florida Statutes, are renumbered as subsections (6) through (9),
47 respectively, present subsection (7) is amended, new subsections
48 (4) and (5) are added to that section, and subsections (1) and
49 (2) of that section are republished, to read:
50 828.12 Cruelty to animals.—
51 (1) A person who unnecessarily overloads, overdrives,
52 torments, deprives of necessary sustenance or shelter, or
53 unnecessarily mutilates, or kills any animal, or causes the same
54 to be done, or carries in or upon any vehicle, or otherwise, any
55 animal in a cruel or inhumane manner, commits animal cruelty, a
56 misdemeanor of the first degree, punishable as provided in s.
57 775.082 or by a fine of not more than $5,000, or both.
58 (2) A person who intentionally commits an act to any
59 animal, or a person who owns or has the custody or control of
60 any animal and fails to act, which results in the cruel death,
61 or excessive or repeated infliction of unnecessary pain or
62 suffering, or causes the same to be done, commits aggravated
63 animal cruelty, a felony of the third degree, punishable as
64 provided in s. 775.082 or by a fine of not more than $10,000, or
65 both.
66 (a) A person convicted of a violation of this subsection,
67 where the finder of fact determines that the violation includes
68 the knowing and intentional torture or torment of an animal that
69 injures, mutilates, or kills the animal, shall be ordered to pay
70 a minimum mandatory fine of $2,500 and undergo psychological
71 counseling or complete an anger management treatment program.
72 (b) A person convicted of a second or subsequent violation
73 of this subsection shall be required to pay a minimum mandatory
74 fine of $5,000 and serve a minimum mandatory period of
75 incarceration of 6 months. In addition, the person shall be
76 released only upon expiration of sentence, is not eligible for
77 parole, control release, or any form of early release, and must
78 serve 100 percent of the court-imposed sentence. Any plea of
79 nolo contendere shall be considered a conviction for purposes of
80 this subsection.
81 (4) A person 18 years of age or older commits a felony of
82 the third degree, punishable as provided in s. 775.082, s.
83 775.083, or s. 775.084, if he or she causes or entices a minor
84 to commit, or in the presence of a minor commits, a violation of
85 subsection (2).
86 (5)(a) If a minor commits an act of animal cruelty as
87 described in subsection (1) or subsection (2), the juvenile
88 court must order the minor to undergo a psychological evaluation
89 and, if recommended, receive counseling or treatment for a
90 length of time as prescribed by the juvenile court.
91 (b) The minor's parent or guardian, or the state if the
92 minor is a ward of the state, shall pay the cost of the
93 psychological evaluation, counseling, or treatment as ordered by
94 the juvenile court in paragraph (a). If the juvenile court makes
95 a finding of indigency and significant financial hardship, the
96 court shall waive the fee or reduce it to an amount deemed
97 appropriate. If the minor's parent or guardian willfully refuses
98 to follow the recommended treatment for the minor, the juvenile
99 court may hold the parent or guardian in contempt.
100 (9)(a)(7) Before Beginning January 1, 2027 2026, the
101 Department of Law Enforcement shall post on its website, in a
102 searchable format prescribed by the department, the name and all
103 aliases, date of birth, race, county of conviction, charge or
104 charges, case number, disposition, description of any
105 identifying marks and tattoos, and a photograph taken at the
106 time of booking related to the animal cruelty offense of each
107 individual names of those individuals who has have been
108 convicted of, or who has have entered a plea of guilty or nolo
109 contendere to, regardless of adjudication, a violation of this
110 section.
111 (b) The department shall post the information about each
112 individual as required in paragraph (a) for the following
113 periods:
114 1. Three years from the date of conviction, for a first
115 conviction of a misdemeanor offense.
116 2. Five years from the date of conviction, for a first
117 conviction of a felony offense.
118 3. Ten years from the date of conviction, for a subsequent
119 conviction of either a misdemeanor or felony offense.
120 (c) The department shall develop a procedure to allow a
121 person whose conviction has been overturned or who has received
122 a sealing of the criminal history record for which his or her
123 information was publicly posted as required in paragraph (a) to
124 petition for the removal of his or her information. The
125 department, after receiving a petition with adequate
126 documentation, must remove such information from the website
127 within 30 days. The department may adopt rules to implement this
128 paragraph.
129 (d) Each clerk of court and county detention facility must
130 provide the Department of Law Enforcement with the information,
131 data, and images required in paragraph (a).
132 Section 2. Subsections (4) through (10) of section
133 828.122, Florida Statutes, are renumbered as subsections (5)
134 through (11), respectively, subsection (3) of that section is
135 amended, and a new subsection (4) is added to that section, to
136 read:
137 828.122 Fighting or baiting animals; offenses; penalties.—
138 (3) Any person who knowingly commits any of the following
139 acts commits a felony of the third degree, punishable as
140 provided in s. 775.082, s. 775.083, or s. 775.084:
141 (a) Baiting, breeding, training, transporting, selling,
142 owning, possessing, or using any wild or domestic animal for the
143 purpose of animal fighting or baiting;
144 (b) Owning, possessing, or selling equipment for use in
145 any activity described in paragraph (a);
146 (c) Owning, leasing, managing, operating, or having
147 control of any property kept or used for any activity described
148 in paragraph (a) or paragraph (b);
149 (d) Promoting, staging, advertising, or charging any
150 admission fee to a fight or baiting between two or more animals;
151 (e) Performing any service or act to facilitate animal
152 fighting or baiting, including, but not limited to, providing
153 security, refereeing, or handling or transporting animals or
154 being a stakeholder of any money wagered on animal fighting or
155 baiting;
156 (f) Removing or facilitating the removal of any animal
157 impounded under this section from an agency where the animal is
158 impounded or from a location designated by the court under
159 subsection (5) (4), subsection (6) (5), or subsection (8) (7),
160 without the prior authorization of the court;
161 (g) Betting or wagering any money or other valuable
162 consideration on the fighting or baiting of animals; or
163 (h) Attending the fighting or baiting of animals.
165 Notwithstanding any provision of this subsection to the
166 contrary, possession of the animal alone does not constitute a
167 violation of this section.
168 (4) A person 18 years of age or older commits a felony of
169 the third degree, punishable as provided in s. 775.082, s.
170 775.083, or s. 775.084, if he or she causes or entices a minor
171 to commit, or in the presence of a minor commits, a violation of
172 subsection (3).
173 Section 3. Subsections (4) and (5) of section 828.126,
174 Florida Statutes, are renumbered as subsections (5) and (6),
175 respectively, a new subsection (4) is added to that section, and
176 subsection (2) of that section is republished, to read:
177 828.126 Sexual activities involving animals.—
178 (2) A person may not:
179 (a) Knowingly engage in any sexual contact with an animal;
180 (b) Knowingly cause, aid, or abet another person to engage
181 in any sexual contact with an animal;
182 (c) Knowingly permit any sexual contact with an animal to
183 be conducted on any premises under his or her charge or control;
184 (d) Knowingly organize, promote, conduct, aid, abet,
185 participate in as an observer, or advertise, offer, solicit, or
186 accept an offer of an animal for the purpose of sexual contact
187 with such animal, or perform any service in the furtherance of
188 an act involving any sexual contact with an animal; or
189 (e) Knowingly film, distribute, or possess any
190 pornographic image or video of a person and an animal engaged in
191 any of the activities prohibited by this section.
192 (4) A person 18 years of age or older commits a felony of
193 the third degree, punishable as provided in s. 775.082, s.
194 775.083, or s. 775.084, if he or she causes or entices a minor
195 to commit, or in the presence of a minor commits, a violation of
196 subsection (2).
197 Section 4. Subsection (2) of section 828.27, Florida
198 Statutes, is amended to read:
199 828.27 Local animal control or cruelty ordinances;
200 penalty.—
201 (2) The governing body of a county or municipality is
202 authorized to enact ordinances relating to animal control or
203 cruelty, which ordinances must provide:
204 (a) That a violation of such an ordinance is a civil
205 infraction.
206 (b) A maximum civil penalty not to exceed:
207 1. Two thousand five hundred dollars for a first
208 violation.
209 2. Five thousand dollars for a second violation.
210 3. Seven thousand five hundred dollars for a third or
211 subsequent violation $500.
212 (c) A civil penalty of less than the maximum civil penalty
213 if the person who has committed the civil infraction does not
214 contest the citation.
215 (d) For the issuance of a citation by an officer who has
216 probable cause to believe that a person has committed an act in
217 violation of an ordinance.
218 (e) For the contesting of a citation in the county court.
219 (f) That, if a person fails to pay the civil penalty,
220 fails to appear in court to contest the citation, or fails to
221 appear in court as required by subsection (6), the court may
222 issue an order to show cause upon the request of the governing
223 body of the county or municipality. This order shall require
224 such persons to appear before the court to explain why action on
225 the citation has not been taken. If any person who is issued
226 such order fails to appear in response to the court's directive,
227 that person may be held in contempt of court.
228 (g) Such procedures and provisions as are necessary to
229 implement any ordinances enacted under the authority of this
230 section.
231 Section 5. Paragraphs (a), (e), (f), and (g) of subsection
232 (3) of section 921.0022, Florida Statutes, are amended to read:
233 921.0022 Criminal Punishment Code; offense severity
234 ranking chart.—
235 (3) OFFENSE SEVERITY RANKING CHART
236 (a) LEVEL 1 Florida Felony Statute Degree Description 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots. 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more 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 3rd Possession of forged, stolen, (1)(a)-(c) counterfeit, or unlawfully issued driver license; possession of simulated identification. 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 322.212(5)(a) 3rd False application for driver license or identification card. 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 reemployment assistance benefits. 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 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 or providing false 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) & 3rd Knowing, making, issuing (4)(c) 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). 849.09(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.
277 (e) LEVEL 5 Florida Felony Statute Degree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 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. 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene. 365.172 2nd Misuse of emergency (14)(b)2. communications system resulting in death. 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked. 379.367(4) 3rd Willful molestation of a commercial harvester's spiny lobster trap, line, or buoy. 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 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) 3rd 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(3) 3rd Unlawful carrying of a concealed firearm. 790.162 2nd Threat to throw or discharge destructive device. 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 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. 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 810.145(4) 3rd Commercial digital voyeurism dissemination. 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense. 810.145(8)(a) 2nd Digital voyeurism; certain minor victims. 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination. 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 3rd Retail theft; property stolen (8)(a) & (c)- is valued at $750 or more and (e) one or more specified acts. 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons. 812.019(1) 2nd Stolen property; dealing in or trafficking in. 812.081(3) 2nd Trafficking in trade secrets. 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), 3rd Filing false financial (2)(a) & statements, making false (3)(a) 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 persons. 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 828.122(3) 3rd Fighting or baiting animals. 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 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(1) 3rd Resist officer with violence to person; resist arrest with violence. 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 847.0137 3rd Transmission of pornography by (2) & (3) electronic device or equipment. 847.0138 3rd Transmission of material (2) & (3) harmful to minors to a minor by electronic device or equipment. 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs). 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university. 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility. 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
340 (f) LEVEL 6 Florida Felony Statute Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene. 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 499.0051(4) 2nd Knowing sale or transfer of prescription 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; domestic battery by strangulation. 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. 787.025(2)(a) 3rd Luring or enticing a child. 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 concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 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 of age; 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. 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others. 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 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(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 827.03(2)(c) 3rd Abuse of a child. 827.03(2)(d) 3rd Neglect of a child. 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography. 828.12(4) 3rd Causing or enticing a minor to commit, or committing in the presence of a minor, animal cruelty. 828.122(4) 3rd Causing or enticing a minor to commit, or committing in the presence of a minor, fighting or baiting animals. 828.126(3) 3rd Sexual activities involving animals. 836.05 2nd Threats; extortion. 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 843.12 3rd Aids or assists person to escape. 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 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)(i) 3rd Firearm or weapon introduced into county detention facility.
413 (g) LEVEL 7 Florida Felony Statute Degree Description 316.027(2)(c) 1st 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)(a)3.b. 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 3rd Medicaid provider fraud; (2)(b)1.a. $10,000 or less. 409.920 2nd Medicaid provider fraud; more (2)(b)1.b. than $10,000, but less than $50,000. 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(7) 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 chapter 494 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 a money services business. 560.125(5)(a) 3rd Money services 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 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 a human being or unborn child 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. 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense. 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction. 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 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. 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 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. 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; 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. 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 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. 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 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 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 3rd Impregnation of a child under 827.04(3) 16 years of age by person 21 years of age or older. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 828.126(4) 3rd Causing or enticing a minor to commit, or committing in the presence of a minor, sexual activities involving animals. 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. 843.0855(2) 3rd Impersonation of a public officer or employee. 843.0855(3) 3rd Unlawful simulation of legal process. 843.0855(4) 3rd Intimidation of a public officer or employee. 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 872.06 2nd Abuse of a dead human body. 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site. 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 893.135 1st Trafficking in cocaine, more (1)(b)1.a. than 28 grams, less than 200 grams. 893.135 1st Trafficking in illegal drugs, (1)(c)1.a. more than 4 grams, less than 14 grams. 893.135 1st Trafficking in hydrocodone, 28 (1)(c)2.a. grams or more, less than 50 grams. 893.135 1st Trafficking in hydrocodone, 50 (1)(c)2.b. grams or more, less than 100 grams. 893.135 1st Trafficking in oxycodone, 7 (1)(c)3.a. grams or more, less than 14 grams. 893.135 1st Trafficking in oxycodone, 14 (1)(c)3.b. grams or more, less than 25 grams. 893.135 1st Trafficking in fentanyl, 4 (1)(c)4.b.(I) grams or more, less than 14 grams. 893.135 1st Trafficking in phencyclidine, (1)(d)1.a. 28 grams or more, less than 200 grams. 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 893.135 1st Trafficking in flunitrazepam, 4 (1)(g)1.a. grams or more, less than 14 grams. 893.135 1st Trafficking in gamma- (1)(h)1.a. hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in 1,4-Butanediol, (1)(j)1.a. 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in Phenethylamines, (1)(k)2.a. 10 grams or more, less than 200 grams. 893.135 1st Trafficking in synthetic (1)(m)2.a. cannabinoids, 280 grams or more, less than 500 grams. 893.135 1st Trafficking in synthetic (1)(m)2.b. cannabinoids, 500 grams or more, less than 1,000 grams. 893.135 1st Trafficking in n-benzyl (1)(n)2.a. phenethylamines, 14 grams or more, less than 100 grams. 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 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; providing false registration information. 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; providing false registration information. 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
558 Section 6. This act shall take effect October 1, 2026.