Stalking

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A bill to be entitled 1
An act relating to stalking; amending s. 784.048, 2
F.S.; creating an offense of aggravated stalking based 3
on nonconsensual entry upon the victim's property or 4
interference with the victim's property in the course 5
of committing the offense of stalking; creating the 6
offense of sexually aggravated stalking based on 7
certain sexual conduct in the course of committing the 8
offense of stalking; amending s. 921.0022, F.S.; 9
ranking offenses on the offense severity ranking chart 10
of the Criminal Punishment Code; amending s. 948.06, 11
F.S.; revising the definition of the term "qualifying 12
offense"; providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Subsections (6) through (9) of section 784.048, 17
Florida Statutes, are renumbered as subsections (8) through 18
(11), respectively, new subsections (6) and (7) are added to 19
that section, and subsection (2) is republished, to read: 20
784.048 Stalking; definitions; penalties.— 21
(2) A person who willfully, maliciously, and repeatedly 22
follows, harasses, or cyberstalks another person commits the 23
offense of stalking, a misdemeanor of the first degree, 24
punishable as provided in s. 775.082 or s. 775.083. 25

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(6) A person who commits the offense of stalking and who, 26
in the course of committing the offense: 27
(a) Enters upon the property of the victim without 28
consent; or 29
(b) Interferes with the victim's property, including, but 30
not limited to, tampering with or disabling security or 31
surveillance devices, 32
33
commits the offense of aggravated stalking, a felony of the 34
third degree, punishable as provided in s. 775.082, s. 775.083, 35
or s. 775.084. 36
(7) A person who commits the offense of stalking and who, 37
in the course of committing the offense: 38
(a) Commits a lewd or lascivious act, including the 39
exposure of genitals, masturbation, or other sexually explicit 40
conduct, in the presence of or directed toward the victim or 41
upon the property of the victim; or 42
(b) Mails, delivers, causes to be delivered, or otherwise 43
transmits to the victim unsolicited sexually explicit materials 44
with the intent to harass, degrade, or intimidate the victim, 45
46
commits the offense of sexually aggravated stalking, a felony of 47
the third degree, punishable as provided in s. 775.082, s. 48
775.083, or s. 775.084. 49
Section 2. Paragraphs (f) and (g) of subsection (3) of 50

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section 921.0022, Florida Statutes, are amended to read: 51
921.0022 Criminal Punishment Code; offense severity 52
ranking chart.— 53
(3) OFFENSE SEVERITY RANKING CHART 54
(f) LEVEL 6 55
56
Florida
Statute
Felony
Degree Description
57
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
58
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
59
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
60
327.30(5)(a)3. 2nd Vessel accidents involving
serious bodily injury; leaving
scene.
61
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.

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62
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
63
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
64
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
65
775.0875(1) 3rd Taking firearm from law
enforcement officer.
66
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
67
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
68
784.041 3rd Felony battery; domestic
battery by strangulation.

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69
784.048(3) 3rd Aggravated stalking; credible
threat.
70
784.048(5) 3rd Aggravated stalking of person
under 16.
71
784.048(6) 3rd Aggravated stalking; entering
upon or interfering with
victim's property.
72
784.048(7) 3rd Sexually aggravated stalking.
73
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
74
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
75
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
76
784.081(2) 2nd Aggravated assault on specified
official or employee.

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77
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
78
784.083(2) 2nd Aggravated assault on code
inspector.
79
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
80
787.025(2)(a) 3rd Luring or enticing a child.
81
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
82
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
83
790.164(1) 2nd False report concerning bomb,
explosive, weapon of mass
destruction, act of arson or

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violence to state property, or
use of firearms in violent
manner.
84
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
85
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
86
794.05(1) 2nd Unlawful sexual activity with
specified minor.
87
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.
88
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
89
806.031(2) 2nd Arson resulting in great bodily

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harm to firefighter or any
other person.
90
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
91
810.145(8)(b) 2nd Digital voyeurism; certain
minor victims; 2nd or
subsequent offense.
92
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
93
812.014(2)(c)5. 3rd Grand theft; third degree;
firearm.
94
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
95
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
96

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812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 120 days
is $3,000 or more; coordination
of others.
97
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
98
812.015(9)(e) 2nd Retail theft; committed with
specified number of other
persons and use of social media
platform.
99
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
100
817.4821(5) 2nd Possess cloning paraphernalia
with intent to create cloned
cellular telephones.
101
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
102
817.505(4)(b) 2nd Patient brokering; 10 or more

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patients.
103
817.5695(3)(b) 2nd Exploitation of person 65 years
of age or older, value $10,000
or more, but less than $50,000.
104
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
105
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
106
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
107
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
valued at less than $10,000.
108
827.03(2)(c) 3rd Abuse of a child.
109
827.03(2)(d) 3rd Neglect of a child.
110
827.071(5) 3rd Possess, control, or

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intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
111
828.126(3) 3rd Sexual activities involving
animals.
112
836.05 2nd Threats; extortion.
113
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
114
843.12 3rd Aids or assists person to
escape.
115
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
116
847.012 3rd Knowingly using a minor in the
production of materials harmful

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to minors.
117
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
118
893.131 2nd Distribution of controlled
substances resulting in
overdose or serious bodily
injury.
119
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
120
918.13(2)(b) 2nd Tampering with or fabricating
physical evidence relating to a
capital felony.
121
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.

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122
944.40 2nd Escapes.
123
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
124
944.47(1)(a)5. 2nd Introduction of contraband
(firearm, weapon, or explosive)
into correctional facility.
125
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
126
(g) LEVEL 7 127
128
Florida
Statute
Felony
Degree Description
129
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
130
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
131
316.1935(3)(b) 1st Causing serious bodily injury

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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.
132
327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious
bodily injury.
133
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
134
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
135
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
136
456.065(2) 3rd Practicing a health care

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profession without a license.
137
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
138
458.327(1) 3rd Practicing medicine without a
license.
139
459.013(1) 3rd Practicing osteopathic medicine
without a license.
140
460.411(1) 3rd Practicing chiropractic
medicine without a license.
141
461.012(1) 3rd Practicing podiatric medicine
without a license.
142
462.17 3rd Practicing naturopathy without
a license.
143
463.015(1) 3rd Practicing optometry without a
license.
144

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464.016(1) 3rd Practicing nursing without a
license.
145
465.015(2) 3rd Practicing pharmacy without a
license.
146
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
147
467.201 3rd Practicing midwifery without a
license.
148
468.366 3rd Delivering respiratory care
services without a license.
149
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
150
483.901(7) 3rd Practicing medical physics
without a license.
151
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
152

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484.053 3rd Dispensing hearing aids without
a license.
153
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.
154
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.
155
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
156
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.

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157
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
158
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
159
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
160
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
161
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).

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162
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
163
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
164
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
165
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
166
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
167
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
168

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784.048(9)
784.048(7)
3rd Aggravated stalking; violation
of court order.
169
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
170
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
171
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
172
784.081(1) 1st Aggravated battery on specified
official or employee.
173
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
174
784.083(1) 1st Aggravated battery on code
inspector.
175
787.025(2)(b) 2nd Luring or enticing a child;
second or subsequent offense.

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176
787.025(2)(c) 2nd Luring or enticing a child with
a specified prior conviction.
177
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
178
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.
179
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
180
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
181
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
182

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790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
183
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
184
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
185
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
186
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.

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187
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
188
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
189
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
190
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.
191
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.

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192
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
193
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
194
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
195
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
196
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
197
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.

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198
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
199
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
200
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
201
812.014(2)(g) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
202
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
203
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.

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204
812.131(2)(a) 2nd Robbery by sudden snatching.
205
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
206
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
207
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
208
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
209
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
210
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

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a significant cause of the
insolvency of that entity.
211
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
212
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
213
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
214
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
215
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
216
825.103(3)(b) 2nd Exploiting an elderly person or
disabled adult and property is

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valued at $10,000 or more, but
less than $50,000.
217
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
218
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
219
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
220
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
221
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
222
838.015 2nd Bribery.

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223
838.016 2nd Unlawful compensation or reward
for official behavior.
224
838.021(3)(a) 2nd Unlawful harm to a public
servant.
225
838.22 2nd Bid tampering.
226
843.0855(2) 3rd Impersonation of a public
officer or employee.
227
843.0855(3) 3rd Unlawful simulation of legal
process.
228
843.0855(4) 3rd Intimidation of a public
officer or employee.
229
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
230
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
231

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872.06 2nd Abuse of a dead human body.
232
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
233
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
234
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.
235
893.13(1)(e)1. 1st Sell, manufacture, or deliver

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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.
236
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
237
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
238
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
239
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
240
893.135 1st Trafficking in hydrocodone, 28

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(1)(c)2.a. grams or more, less than 50
grams.
241
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
242
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
243
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
244
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
245
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
246
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5

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kilograms.
247
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
248
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
249
893.135
(1)(h)1.a.
1st Trafficking in gamma-
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
250
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
251
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
252
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or

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more, less than 500 grams.
253
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
254
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
255
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
256
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
257
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
258
943.0435(4)(c) 2nd Sexual offender vacating

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permanent residence; failure to
comply with reporting
requirements.
259
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
260
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
261
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
262
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
263
944.607(9) 3rd Sexual offender; failure to

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comply with reporting
requirements.
264
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
265
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
266
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
267
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
268
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or

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conceal a sexual offender.
269
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
270
Section 3. Paragraph (c) of subsection (8) of section 271
948.06, Florida Statutes, is amended, and paragraph (b) of 272
subsection (1), paragraphs (b) and (c) of subsection (4), and 273
paragraphs (b) and (d) of subsection (8) of that section are 274
republished, to read: 275
948.06 Violation of probation or community control; 276
revocation; modification; continuance; failure to pay 277
restitution or cost of supervision.— 278
(1) 279
(b) Any committing trial court judge may issue a warrant, 280
upon the facts being made known to him or her by affidavit of 281
one having knowledge of such facts, for the arrest of the 282
probationer or offender, returnable forthwith before the court 283
granting such probation or community control. In lieu of issuing 284
a warrant for arrest, the committing trial court judge may issue 285
a notice to appear if the probationer or offender in community 286
control has never been convicted of committing, and is not 287

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currently alleged to have committed, a qualifying offense as 288
defined in this section. 289
(4) Notwithstanding any other provision of this section, a 290
felony probationer or an offender in community control who is 291
arrested for violating his or her probation or community control 292
in a material respect may be taken before the court in the 293
county or circuit in which the probationer or offender was 294
arrested. That court shall advise him or her of the charge of a 295
violation and, if such charge is admitted, shall cause him or 296
her to be brought before the court that granted the probation or 297
community control. If the violation is not admitted by the 298
probationer or offender, the court may commit him or her or 299
release him or her with or without bail to await further 300
hearing. However, if the probationer or offender is under 301
supervision for any criminal offense proscribed in chapter 794, 302
s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 303
registered sexual predator or a registered sexual offender, or 304
is under supervision for a criminal offense for which he or she 305
would meet the registration criteria in s. 775.21, s. 943.0435, 306
or s. 944.607 but for the effective date of those sections, the 307
court must make a finding that the probationer or offender is 308
not a danger to the public prior to release with or without 309
bail. In determining the danger posed by the offender's or 310
probationer's release, the court may consider the nature and 311
circumstances of the violation and any new offenses charged; the 312

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offender's or probationer's past and present conduct, including 313
convictions of crimes; any record of arrests without conviction 314
for crimes involving violence or sexual crimes; any other 315
evidence of allegations of unlawful sexual conduct or the use of 316
violence by the offender or probationer; the offender's or 317
probationer's family ties, length of residence in the community, 318
employment history, and mental condition; his or her history and 319
conduct during the probation or community control supervision 320
from which the violation arises and any other previous 321
supervisions, including disciplinary records of previous 322
incarcerations; the likelihood that the offender or probationer 323
will engage again in a criminal course of conduct; the weight of 324
the evidence against the offender or probationer; and any other 325
facts the court considers relevant. The court, as soon as is 326
practicable, shall give the probationer or offender an 327
opportunity to be fully heard on his or her behalf in person or 328
by counsel. After the hearing, the court shall make findings of 329
fact and forward the findings to the court that granted the 330
probation or community control and to the probationer or 331
offender or his or her attorney. The findings of fact by the 332
hearing court are binding on the court that granted the 333
probation or community control. Upon the probationer or offender 334
being brought before it, the court that granted the probation or 335
community control may revoke, modify, or continue the probation 336
or community control or may place the probationer into community 337

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control as provided in this section. However, the probationer or 338
offender shall not be released and shall not be admitted to 339
bail, but shall be brought before the court that granted the 340
probation or community control if any violation of felony 341
probation or community control other than a failure to pay costs 342
or fines or make restitution payments is alleged to have been 343
committed by: 344
(b) A person who is on felony probation or community 345
control for any offense committed on or after the effective date 346
of this act and who is arrested for a qualifying offense as 347
defined in this section; or 348
(c) A person who is on felony probation or community 349
control and has previously been found by a court to be a 350
habitual violent felony offender as defined in s. 775.084(1)(b), 351
a three-time violent felony offender as defined in s. 352
775.084(1)(c), or a sexual predator under s. 775.21, and who is 353
arrested for committing a qualifying offense as defined in this 354
section on or after the effective date of this act. 355
(8) 356
(b) For purposes of this section and ss. 903.0351, 357
948.064, and 921.0024, the term "violent felony offender of 358
special concern" means a person who is on: 359
1. Felony probation or community control related to the 360
commission of a qualifying offense committed on or after the 361
effective date of this act; 362

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2. Felony probation or community control for any offense 363
committed on or after the effective date of this act, and has 364
previously been convicted of a qualifying offense; 365
3. Felony probation or community control for any offense 366
committed on or after the effective date of this act, and is 367
found to have violated that probation or community control by 368
committing a qualifying offense; 369
4. Felony probation or community control and has 370
previously been found by a court to be a habitual violent felony 371
offender as defined in s. 775.084(1)(b) and has committed a 372
qualifying offense on or after the effective date of this act; 373
5. Felony probation or community control and has 374
previously been found by a court to be a three-time violent 375
felony offender as defined in s. 775.084(1)(c) and has committed 376
a qualifying offense on or after the effective date of this act; 377
or 378
6. Felony probation or community control and has 379
previously been found by a court to be a sexual predator under 380
s. 775.21 and has committed a qualifying offense on or after the 381
effective date of this act. 382
(c) For purposes of this section, the term "qualifying 383
offense" means any of the following: 384
1. Kidnapping or attempted kidnapping under s. 787.01, 385
false imprisonment of a child under the age of 13 under s. 386
787.02(3), or luring or enticing a child under s. 787.025(2)(b) 387

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or (c). 388
2. Murder or attempted murder under s. 782.04, attempted 389
felony murder under s. 782.051, or manslaughter under s. 782.07. 390
3. Aggravated battery or attempted aggravated battery 391
under s. 784.045. 392
4. Sexual battery or attempted sexual battery under s. 393
794.011(2), (3), (4), or (8)(b) or (c). 394
5. Lewd or lascivious battery or attempted lewd or 395
lascivious battery under s. 800.04(4), lewd or lascivious 396
molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious 397
conduct under s. 800.04(6)(b), lewd or lascivious exhibition 398
under s. 800.04(7)(b), or lewd or lascivious exhibition on 399
computer under s. 847.0135(5)(b). 400
6. Robbery or attempted robbery under s. 812.13, 401
carjacking or attempted carjacking under s. 812.133, or home 402
invasion robbery or attempted home invasion robbery under s. 403
812.135. 404
7. Lewd or lascivious offense upon or in the presence of 405
an elderly or disabled person or attempted lewd or lascivious 406
offense upon or in the presence of an elderly or disabled person 407
under s. 825.1025. 408
8. Sexual performance by a child or attempted sexual 409
performance by a child under s. 827.071. 410
9. Computer pornography under s. 847.0135(2) or (3), 411
transmission of child pornography under s. 847.0137, or selling 412

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or buying of minors under s. 847.0145. 413
10. Poisoning food or water under s. 859.01. 414
11. Abuse of a dead human body under s. 872.06. 415
12. Any burglary offense or attempted burglary offense 416
that is either a first degree felony or second degree felony 417
under s. 810.02(2) or (3). 418
13. Arson or attempted arson under s. 806.01(1). 419
14. Aggravated assault under s. 784.021. 420
15. Aggravated stalking under s. 784.048(3), (4), (5), 421
(6), or (9)(7). 422
16. Sexually aggravated stalking under s. 784.048(7). 423
17.16. Aircraft piracy under s. 860.16. 424
18.17. Unlawful throwing, placing, or discharging of a 425
destructive device or bomb under s. 790.161(2), (3), or (4). 426
19.18. Treason under s. 876.32. 427
20.19. Any offense committed in another jurisdiction which 428
would be an offense listed in this paragraph if that offense had 429
been committed in this state. 430
(d) In the case of an alleged violation of probation or 431
community control other than a failure to pay costs, fines, or 432
restitution, the following individuals shall remain in custody 433
pending the resolution of the probation or community control 434
violation: 435
1. A violent felony offender of special concern, as 436
defined in this section; 437

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2. A person who is on felony probation or community 438
control for any offense committed on or after the effective date 439
of this act and who is arrested for a qualifying offense as 440
defined in this section; or 441
3. A person who is on felony probation or community 442
control and has previously been found by a court to be a 443
habitual violent felony offender as defined in s. 775.084(1)(b), 444
a three-time violent felony offender as defined in s. 445
775.084(1)(c), or a sexual predator under s. 775.21, and who is 446
arrested for committing a qualifying offense as defined in this 447
section on or after the effective date of this act. 448
449
The court shall not dismiss the probation or community control 450
violation warrant pending against an offender enumerated in this 451
paragraph without holding a recorded violation-of-probation 452
hearing at which both the state and the offender are 453
represented. 454
Section 4. This act shall take effect October 1, 2026. 455