EFTA00188527 ## APPENDIX C Offense Severity Ranking Chart Florida Criminal Punishment Code Section 921.0022, Florida Statutes Felony offenses subject to the 1998 Criminal Punishment Code are listed in a single offense severity ranking chart located at section 921.0022, Florida Statutes. The offense severity ranking chart employs 10 offense levels, ranked from least severe to most severe. Each felony offense is assigned to a level according to the severity of the offense, commensurate with the harm or potential for harm to the community that is caused by the offense, as determined by statute. The numerical statutory reference in the left column of the chart and the felony degree designations in the middle column of the chart determine whether felony offenses are specifically listed in the offense severity ranking chart and the appropriate severity level. The language in the right column is merely descriptive. Felony offenses not listed in section 921.0022, Florida Statutes, are assigned a severity level in accordance with section 921.0023, Florida Statutes, as follows: (A) A felony of the third degree within offense level 1. (B) A felony of the second degree within offense level 4. (C) A felony of the first degree within offense level 7. (D) A felony of the first degree punishable by life within offense level 9. (E) A life felony within offense level 10. An offense does not become unlisted and subject to the provisions of section 921.0023, Florida Statutes, because of a reclassification of the degree of felony pursuant to section 775.0845, section 775.087, section 775.0875 or section 794.023, Florida Statutes, or any other law that provides an enhanced penalty for a felony offense. 26 EFTA00188528 ## OFFENSE SEVERITY RANKING CHART AS OF JULY 1, 2006
| Florida Statute | Felony Degree | Description |
|---|---|---|
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
| 784.041 | 3rd | Felony battery. |
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
| 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
| 800.045(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
| 800.046(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. |
| 810.023(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
| 812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
| Florida Statute | Felony Degree | Description |
|---|---|---|
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
| 827.03(1) | 3rd | Abuse of a child. |
| 827.03(3)(c) | 3rd | Neglect of a child. |
| 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
| 836.05 | 2nd | Threats; extortion. |
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
| 843.12 | 3rd | Aids or assists person to escape. |
| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
| 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
| 944.40 | 2nd | Escapes. |
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
| (g) LEVEL 7 | ||
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
| Florida Statute | Felony Degree | Description |
|---|---|---|
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
| 409.920(2) | 3rd | Medicaid provider fraud. |
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
| 458.327(1) | 3rd | Practicing medicine without a license. |
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
| 462.17 | 3rd | Practicing naturopathy without a license. |
| 463.015(1) | 3rd | Practicing optometry without a license. |
| 464.016(1) | 3rd | Practicing nursing without a license. |
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
| 467.201 | 3rd | Practicing midwifery without a license. |
| 468.366 | 3rd | Delivering respiratory care services without a license. |
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
| 483.901(9) | 3rd | Practicing medical physics without a license. |
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
| 484.053 | 3rd | Dispensing hearing aids without a license. |
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
| Florida Statute | Felony Degree | Description |
|---|---|---|
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
| 784.072(d) | 1st | Aggravated battery on law enforcement officer. |
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
| 784.082(a) | 1st | Aggravated battery on a person 65 years of age or older. |
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
| 784.083(1) | 1st | Aggravated battery on code inspector. |
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
| Florida Statute | Felony Degree | Description |
|---|---|---|
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more 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. |
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
| 817.2341(2)(b) & (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
| STATUTE | SECTION | CODE | OFFENSE TYPE | ASI DESCRIPTION | GUIDELINE LEVEL | LEVEL EFFECTIVE (YYYYMM) | FELONY GREEE |
|---|---|---|---|---|---|---|---|
| 443.071 | (1) | 2615 | FRAUD: BUSINESS | FRAUD-ID INCREASE BENEFITS | 1 | 199401 | 3 |
| 812.13 | (2(B) | 1213 | ROBBERY | ROBBB, WPN – NOT DEADLY | 8 | 199401 | 1 |
| 782.04 | (2) | 0914 | ROMCIDE | 2ND DEG MURD, DANGERUS ACT | 10 | 199401 | P |
| 316.1935 | (3) | 4921 | OBSTRUCTING | FLEE, LEO/HSPEED NO REGARD | 4 | 199810 | L |
| 800.04 | (5(B) | 3622 | SEXUAL BETTERY | L/L MOLEST - 612 OFF 18+ | 9 | 199910 | L |
| 893.13 | (1(A)1 | 9430 | DRUG DEALING | U/L MOLEST | 10 | 200010 | 2 |
| 800.04 | (4(A) | 3640 | SEXUAL BATTERY | S/MD METH | 5 | 199910 | 2 |
| 816.1935 | (4(A) | 4926 | OBSTRUCTING | L/L BATT SEXW | 8 | 199910 | 2 |
| 796.07 | (4(C) | 4008 | PROSTITUTION | AGG FLEE/ELIDE LEO | 5 | 200407 | 2 |
| 784.08 | (4(C) | 1334 | BATTERY | PROSTITUTION - 3 RD CONV. | 1 | 200207 | 3 |
| 784.084 | (4) | 1342 | BATTERY | BATTERY UPON PERSON EG5OLDER | 1 | 199510 | 3 |
| 784.07 | (2(C) | 1328 | ASSAULT | AGG STALK – VOL COURT ORSET/SEC | 7 | 199510 | 2 |
| 316.193 | (3(C)2 | 5404 | DRUNK DRIVING VEHICLE | DULCARE SERIOUS BOODY INJRY | 6 | 199401 | 1 |
| 819.135 | (1YC)1a | 9571 | DRUG TRAFIC/KING | TRAFF HER EFT C4U/4U/4GR | 7 | 199401 | 1 |
| 891.02 | (3(C) | 2210 | BURGLARY | BURGN/ASL/TOC/CSTRUCT. | 6 | 199401 | 2 |
| 914.22 | (1A)OR F | 8501 | COURT PROCESS | INTMDAATE WITNESS | 4 | 199510 | 3 |
| 800.04 | (5(X)C/2) | 3624 | SEXUAL BATTERY | L/L MOLEST - 12-15 OFF 18+ | 7 | 199910 | 2 |
| 825.103 | (2(C) | 3832 | ABUSE ELDER | EXPL DERMINSAIL LD T$2OK | 19 | 199507 | 3 |
| 893.13 | (2(A)2 | 9524 | DRUG PURCHASE | MARRIANA/WPR/POSS WINT PUR | 1 | 199401 | 3 |
| 794.048 | (5) | 1129 | MAYHEM | SEX RAT/NURRY NOT LIKEY | 8 | 199401 | 2 |
| 891.044 | (3) | 1341 | ASSAULT | AGG STALK-CREDIBLE THREAT | 6 | 199510 | 3 |
| 800.04 | (6(B) | 3626 | LEWDNESS | L/L CONDUCT - 616 OFF 18+ | 6 | 199910 | 2 |
| 559.001 | (8(Y)BA | 6252 | FRAUD: BUSINESS | FAIS INF TO PNWRBRK<500 | 1 | 199010 | 3 |
| 893.13 | (6(A) | 9532 | DRUG POSSSSION | OPHOM-POSS LESS/U GRAMS | 3 | 199510 | 3 |
| 893.135 | (1(Y)K1A | 9448 | DRUG TRAFFICKING | TRAFF MDAM PHEN 10/U20/GR | 7 | 200010 | 1 |
| 893.13 | (1(Y)A) | 9513 | DRUG DEALING | OTI DRUG/SALE MAANIF/FDELV | 3 | 199401 | 1 |
| 800.04 | 3601 | LEWDNESS | L/L INDEC ASLT CHILD U16 | 7 | 199401 | 2 | |
| 893.13 | (6(A) | 9447 | DRUG POSSSIGN | POSSSS MDMA | 3 | 200010 | 3 |
| 893.13 | (1(Y)A1 | 9510 | DRUG DEALING | HEROIN SALE MAANIF/FDELIVER | 5 | 199401 | 2 |
| 316.193 | (3(X)C | 8821 | DRUNK DRIVING VEHICLE | DUI MANSA LAUGHTER | 8 | 199401 | 2 |
| 794.05 | (4) | 1137 | LEWDNESS | ADT L.SEK W1/G1 YR OLD | 6 | 199610 | 2 |
| 316.195 | (1) | 4922 | OBSTRUCTING | AGG FLUE/ELUDE LFO | 5 | 199810 | 2 |
| 777.03 | (2(B-C) | 7926 | ACCESSORY AFT FACT/OTHER | ACCESSORY AFT FACT/OTHER | 98 | 199510 |