921.0022 Criminal Punishment Code; offense severity ranking chart.

921.0022 Criminal Punishment Code; offense severity ranking chart.

   (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

   (a) LEVEL 1

FloridaStatute

FelonyDegree

Description

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.

414.39(2)

3rd

Unauthorized use, possession, forgery, or alteration of food assistance program, 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

FloridaStatute

FelonyDegree

Description

379.2431 (1)(e)3.

3rd

Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.

379.2431 (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.

590.28(1)

3rd

Intentional burning of lands.

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

FloridaStatute

FelonyDegree

Description

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

316.066 (4)(b)-(d)

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.

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

379.2431 (1)(e)5.

3rd

Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

379.2431 (1)(e)6.

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

400.9935(4)

3rd

Operating a clinic without a license or filing false license application or other required information.

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.

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

   (d) LEVEL 4

FloridaStatute

FelonyDegree

Description

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

Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.

784.07(2)(b)

3rd

Battery of law enforcement officer, firefighter, 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 minor 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)(c)

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).

847.0135(5)(c)

3rd

Lewd or lascivious exhibition using computer; offender less than 18 years.

874.05(1)

3rd

Encouraging or recruiting another to join a criminal 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

FloridaStatute

FelonyDegree

Description

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)(b)

2nd

Lewd or lascivious exhibition; offender 18 year