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FLORIDA STATUTES AND CODES
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 Florida Forms by IssueFlorida Court Forms
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