STATE OF FLORIDA

CRIME AND PUNISHMENT CHART

YEAR 2000
(all penalties subject to change each year & misdemeanor
sentencing may vary per city and county, fines do not include assessments)

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www.CrimeAndPunishment.Net

CRIME

PUNISHMENT

An asterisk * signifies that effective July 1, 1999 Florida statutes established 10/20/Life guidelines: 10 year minimum prison term for certain felonies or attempted felonies when the offender possesses a firearm or destructive device during commission of offense or flight there from; 20 year minimum term of imprisonment when firearm is discharged and 25 to Life imprisonment if someone is injured or killed.

Abuse of Emergency 911 number

Up to $1000 Fine &/or 1 Year in Jail

Adultery & Fornication

Up to $500 Fine &/or 6 Months in Jail

ALCOHOL RELATED CRIMES

1st Offense

2nd Offense

3rd Offense

Drinking & Driving (DUI)
(conviction on driving record forever)

$250 to $500 Fine
Suspend License up to 12 months or MASEP

$500 to $1000 Fine
Up to 9 mo. in Jail
Suspend License up to 5 Years

$1000 - $2500
Up to 1 Year in the Jail

Declared Legally Drunk

Breathalyzer test .08

DUI Causing Death or Mutilation

Felony, Up to 15 Yrs in Penitentiary

Disorderly Intoxication

Up to $500 Fine & / or 60 Days in Jail

Giving Alcohol to a Minor

Up to $500 Fine &/or 60 Days in Jail

Minor who Purchases Alcohol, False I.D.

Up to $500 Fine and Up to 60 Days in Jail

Sale of Alcohol to Minors

1st & 2nd Offense Up to $500 Fine &/or 60 Days Jail

Animals (killing, injuring or maiming)

Up to $5,000 Fine &/or Up to 5 Yrs In Pen.

Animals (cruelty to)

Up to $1000 Fine &/or Up to 1 Year In Jail

*Arson
(dwelling, church, or other building)

Felony, Up to $10,000 Fine &/or Up to 30 Yrs Pen

Assisting Suicide

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.

Auto Hit & Run
(involving disfigurement)

Felony, Up to $5,000 Fine &/or Up to 5 Yrs in Pen.

Battery (hitting)

Misdemeanor, Up to $1000 Fine &/or 1 Yr. in Jail

*Battery, Aggravated
(weapon causing disability)

Felony, Up to $10,000 &/or Up to 15 Yrs Pen.

*Aggravated Assault on Police Officer

Felony, Up to $5,000 Fine &/or 3 to 15 Yrs Pen.

*Battery, Aggravated on Police Officer

Felony, Up to $10,000 Fine &/or 5 to 30 Yrs in Pen.

*Battery, Aggravated Assault on Victim 65 / Older

Felony, Up to $10,000 Fine &/or 3 to 15 Yrs Pen.

Bigamy

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Bribery
(political candidates or athletic contest)

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Causing a Minor to Commit a Felony or Contributing to Delinquency / Neglect (under 17)

Misdemeanor Up to $1000 Fine &/or Up to 1Yr Jail

Child Abandonment (under 6)

Felony, Up to $5000 Fine &/or Up to 5 Yrs in Pen.

*Child Abuse or Battery

Felony, Up to $5000 Fine or 5 Year in Penitentiary

*Child Abuse (burn, torture, or serious injury)

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.

Failure to Report Child Abuse

Up to $500 Fine &/or Up to 60 Days in Jail

Desertion / non-support of minor under 18

Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

Exploitation of Minor under 18
(with sexual or obscene motion pictures or presentations)

Misdemeanor, Up to $1000 Fine &/or Up to 1 Yr Jail

Touching Child For Lustful Purposes
(defendant 18 or above & victim under 16)

Felony, Up to $10,000 Fine &/or Up to 15 Years Penitentiary

Child (selling)

Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

Child (consensual sex, child under 16 to 12 Yrs of age)

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.

Child, Parental Responsibility
for Acts of Minors

Liable up to $2000 for Child under 18 but over 10
+ Restitution &/or Up to $500 Fine

Any Offense by a Minor under 18, under Youth Court Jurisdiction for a Misdemeanor or Felony

Can be Committed to Training School for a Period not to Exceed 19th Birthday, + Restitution

Deer or Doe (killing)

Up to $500 Fine &/or Up to 60 Days in Jail

Destroying or Defacing Cemetery

Felony, Up to $5000 Fine &/or 5 Years in Pen.

Destruction of Public Property (under $200)

Up to $500 Fine &/or Up to 60 Days in Jail

Destruction of Public Property (over $1000)

Felony, Up to $5000 Fine &/or Up to 5 Years in Pen

Disorderly Conduct & Disturbing the Peace

Up to $500 Fine &/or Up to 60 Days in Jail

Disobeying a Police Officer

Up to $1000 Fine &/or Up to 1 Year in Jail

Dog Fights

Felony, Up to $5000 Fine &/or Up to 5 Yrs Jail

Dog Fights (spectator)

Up to $1000 Fine &/or Up to 1 Years in Jail

Driving with Suspended License

$500 Fine &/or 60 Days in Jail

CONTROLLED SUBSTANCES (DRUGS)

Marijuana
(less than 20 grams)

Up to $1000 Fine &/or Up to 1 Year in Jail

Marijuana
(possession with intent to sell)

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Marijuana
 (over 20 grams but less than 25 lbs.)

Felony, Up to $5000 Fine & / or Up to 5 Yrs Pen.

Possession of a Controlled Substance

Felony, Up to $5000 Fine &/or Up to 5 Yrs. in Pen.

Possession of a Controlled Substance
(with intent to sell)

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.

Drug Paraphernalia
(with drugs)

Up to $1000 Fine & / or Up to 1 Year in Jail

Prescription Forgery

Felony, Up to $5000 Fine & / or Up to 5 Yrs in Pen.

Possession of Drugs in Jail

Up to $5,000 Fine & / or Up to 5 Yrs Pen.

Trafficking of a Controlled Substance
(Fine Determined By Type Of Drug & Amount)

*Marijuana, Trafficking
(over 25lbs. / 300 plants)

Felony, Up to $50,000 Fine & 3 to 30 Yrs Pen.

*Trafficking of Cocaine Mixture (28 grams)

Felony, Up to $50,000 Fine & 3 Yrs Pen. Mand. Min.

*Trafficking of Cocaine Mixture (200 grams)

Felony, Up to $100,000 Fine & 7 Yrs Pen. Mand. Min.

*Trafficking of Cocaine Mixture (400 grams)

Felony, Up to $250,000 Fine & 15 Yrs Pen. Mand. Min.

*Trafficking of Oxycodone, Hydrocodone, Morphine, Heroin
(4 grams)

Felony, Up to $50,000 Fine & 3 Yrs Pen. Mand. Min.

*Trafficking of Oxycodone, Hydrcodone, Morphine, Heroin (14 grams)

Felony, Up to $100,000 Fine & 15 Yrs Pen. Mand. Min.

*Trafficking of Oxycodone, Hydrocodone, Morphine, Heroin
 (28 grams)

Felony, Up to $500,000 Fine & 25 Yrs Pen. Mand. Min.

*Trafficking of Methamphetamine or Amphetamine
(14 grams)

Felony, Up to $50,000 Fine & 3 Yrs Pen. Mand. Min.

*Trafficking of Methamphetamine or Amphetamine
(28 grams)

Felony, Up to $100,000 Fine & 7 Yrs Pen. Mand. Min.

*Trafficking of Flunitrazepam / Rohypnol
(4grams)

Felony, Up to $50,000 Fine & 3 Yrs. Pen. Mand. Min.

*Trafficking of Flunitrazepam / Rohypnol
(14 grams)

Felony, Up to $100,000 Fine & 7 Yrs. Pen. Mand. Min.

*Trafficking of Flunitrazepam / Rohypnol
(28 grams)

Felony, Up to $500,000 Fine & 25 Yrs. Pen. Mand. Min.

A SCHEDULE I DRUG IS

HEROIN, MARIJUANA, LSD

A SCHEDULE II DRUG IS

CRACK, COCAINE, MORPHINE, CODEINE

A SCHEDULE III, IV, V DRUG IS

PRESCRIPTION DRUGS

If Possession or Sale of any Drug is within 1000 Ft of a School, Church, Public Park, Movie Theater, Etc.

Of Cocaine Rohypnol, Heroin, 1st Degree Felony

Of Marijuana, LSD, Mescaline, 2nd Degree Felony

Drug Conviction for
Possession or Sale

(Felony or Misdemeanor)
New Federal Law Passed 10-7-98

Under Student Aid Laws, 1st Conviction of Possession can not obtain any Government Student Aid, Loans or Grants for 1 Year. 2nd Conviction, 2 Yrs, 3rd Conviction, Indefinite. 1st Conviction of Sale, 2 years, 2nd Conviction, Indefinite.

Embezzlement (under $300)

Up to $500 Fine &/or Up to 60 Days in Jail

Embezzlement (over $300)

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Expired or No Driver’s Licensed or Car Tag

Up to $500 Fine &/or Up to 60 Days in Jail

False Alarm (fire)

Up to $1000 Fine &/or Up to 1 Year in Jail

False Pretense – Bad Checks
(under $150)

Up to $500 Fine &/or 60 Days Jail (+ Restitution)

False Pretense – Bad Check
2nd Offense
(under $150)

Up to $1000 Fine &/or Up to 1 Year Jail
(+ Restitution)

False Pretense – Bad Checks
(over $150)

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.
(+ Restitution)

Felony Conviction
A Felon can Not own a gun, vote, sit on jury & may not be able to be employed in a job, which requires a State License.

Felony, (Capital Felony)

Death or Life without Parole

Felony, (Life Felony)

Not Punishable by Death But Life without Parole

Felony, (1st Degree Felony)

Up to $10,000 Fine &/or Up to 30 Yrs Pen.

Felony, (2nd Degree Felony)

Up to $10,000 Fine &/or Up to 15 Yrs Pen.

Felony, (3rd Degree Felony)

UP to $5000 Fine &/or Up to 5 Yrs Pen.

Forgery
(with intent to defraud of any kind)

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Fraud (credit card)
(less than $100)

1st Offense, Up to $1000 Fine &/or Up to 1 Yr Jail

Fraud (credit card)
(over $100)

1st Offense Felony Up to $5000 Fine &/or Up to 5 Yrs Pen

Fraud (food stamp)
(over $200)

Up to $5000 Fine &/or Up to 5 Yr. In Jail

Fraudulent Statements to Govt.

Up to $500 Fine &/or Up to 60 Days Jail

Gambling - General

Up to $500 Fine &/or Up to 60 Days in Jail

Gambling - with a Minor

Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

General Misdemeanors

Up to $500 Fine &/or 60 Days in Jail

*Hate Crimes

Any Felony or Misdemeanor Act Racially Motivated May be Punishable by One Degree Higher

Incest

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

Indecent Exposure

Up to $1000 Fine &/or 1 Year in Jail

*Kidnapping (general)

Felony, Jury can give Up to LIFE

LARCENY and/or THEFT

1st Offense

2nd Offense

3rd Offense

Shoplifting
(less than $300)

Up to $500 Fine & / or 60 Days in Jail

Up to$1000 Fine & / or 12 Mo. In Jail

Felony, Up to $5000 Fine & / or 5 years in Pen.

Shoplifting
(over $300)

Felony, Up to $5000 Fine & / or 5 Years in Pen.

Grand Larceny
(over $300)

Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

Petit Larceny
(under $300)

Up to $500 Fine &/or Up to 60 Days in Jail

*Burglary of Dwelling or Occupied Church

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.

*Burglary of Unoccupied Church

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

*Burglary of Non-Dwelling or Auto

Felony, Up to 5 Years in Penitentiary

*Burglary with Explosives

Felony, Up to $10,000 Fine &/or Up to 30 Yrs Pen.

Possession of Burglar’s Tools

Felony, Up to 5 Years in Penitentiary

Taking Possession of Motor Vehicle

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

*Carjacking
1st Offense (with weapon)

Felony, Up to Life / Without Weapon Up to 30 Yrs. Pen.

Chop Shop
(stolen vehicles)

Felony, Up to $5,000 Fine &/or Up to 5 Yrs Pen.

Robbery (no weapon)

Felony, Up to 15 Years Penitentiary

*Armed Robbery (firearm)

Felony, Up to Life NOT Eligible for Parole

Receiving Stolen Property

Felony, Up to $10,000 Fine &/or 15 Years in Pen.

Stealing Dog
(under $300)

Up to $500 Fine &/or 60 Days in Jail

Leaving Scene of an Accident (with injuries)

Felony, Up to $5000 Fine &/or Up to 5 Year In Pen.

Littering Highway
(Under 15 Pounds)

Civil Up to $50 Fine, + Restitution

Littering Highway
(Over 15 Pounds To 500 Pounds)

Up to $1000 Fine &/or 1 Year in Jail + Restitution

Malicious Mischief
(under $200)

Up to $500 Fine &/or Up to 60 Days in Jail

*Manslaughter

Felony, Up to $10,000 Fine &/or 15 Yrs Penitentiary

*Murder, Capital
(homicide)

Felony, Death or Life Without Parole

*Murder, Capital
(conspiracy to commit)

Felony, Up to $10,000 Fine &/or Up to 30 Yrs Pen or Life

Misdemeanor (1st Degree)

Up to $1000 Fine &/or Up to 1 Yr. In Jail

Misdemeanor (2nd Degree)

Up to $500 Fine &/or Up to 60 Days in Jail

Obscene / Threatening Phone Calls

Up to $500 Fine &/or Up to 60 Days in Jail

Obstructing of Justice

Up to $1000 Fine &/or Up to 1 Yr. In Jail

Obstructing Public Streets

Up to $500 Fine &/or Up to 6 Months in Jail

Perjury
 (official proceeding)

Felony, During Trial Up to $5000 Fine &/or 5Yrs Pen

Prostitution

Up to $500 Fine &/or Up to 60 Days in Jail

*Rape
 (attempted assault with intent to ravish female)

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

*Rape
 (victim 16 or 17 with 24 or older)

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.

Resisting Arrest
(with violence)

Felony, Up to $5000 Fine &/or Up to 5 Yrs Pen.

*Sexual Battery
(no injury)

Felony, Up to $10,000 Fine &/or Up to 15 Yrs in Pen.

*Sexual Battery
 (with force or injury)

Felony, Up to $10,000 Fine &/or Up to 30 Yrs in Pen

*Sexual Battery
 (under 12 Yrs of age)

Capital Felony, Life without Parole

*Sexual Battery
2nd Offense

Felony, Up to $10,000 Fine &/or 10 Yrs Pen. Mand. Min.

Stalking Offense
(no threat)

Up to $1000 Fine &/or Up to 1 Year in Jail

*Stalking Offense
(threat)

Felony, Up to $5000 Fine &/or Up to 5 Years Pen.

Statues of Limitations
(Capital Felony)

Life – No Limitation

Statues of Limitations (1st Degree Felony)

4 Years

Statues of Limitations (1st Degree Misdemeanor)

2 Years

Still
(unlawful possession of)

Felony, Up to $5000 Fine &/or Up to 5 Yrs in Pen.

Tobacco
(sale or gift of to a minor under 18)

Up to $500 Fine &/or 60 Days in Jail

Threat, Intimidation by Letter

Felony, Up to $10,000 Fine &/or Up to 15 Yrs in Pen.

Traffic Violations

6-9 m.p.h. over speed limit

$55.00 Fine (school zone $80)

10-14 m.p.h. over speed limit

$130 Fine (school zone $230)

15-19 m.p.h. over speed limit

$155 Fine (school zone $280)

20-29 m.p.h. over speed limit

$180 Fine (school zone $330)

30 m.p.h. & over speed limit

$280 Fine (school zone $530)

Moving Violation

$90 Fine

Non-Moving Violation

$60 Fine

Safety Seat Belt Violation

$60 Fine

Child Restraint Violation

$90 Fine

Passing a Stopped School Bus on Right

$230 Fine

Disable Parking Violation

$280 Fine

Failure to Stop at Railroad Crossing

$130 Fine

Trespassing

Up to $1000 Fine &/or Up to 1 Yr. In Jail

Unnatural Intercourse

Misdemeanor Up to $500 Fine &/or 60 Days in Jail

Voyeurism (peeping Tom)

Misdemeanor Up to $500 Fine &/or 60 Days in Jail

*Violent Felony Offender
(3rd time)

Mandatory Minimum of 5,15,30 or Life in Pen.
Depending on Degree of Felony

WEAPONS

Concealed Pistol, Rifle or Shotgun (firearm)

Felony, Up to $5000 Fine &/or 5 Yr. In Penitentiary

*Possession of Firearm or Destructive Device During the Commission of a Felony

Felony, 10 Yrs Pen. Mand. Min.

*If Firearm is Discharged During Commission of Felony

Felony, 20 Yrs Pen. Mand. Min.

*If Firearm causes Injury or Killing During the Commission of a Felony

Felony, 25 Yrs to Life in Pen. Mand. Min.

*Convicted Felon in Possession of Firearm

Felony, Up to $10,000 Fine &/or Up to 15 Yrs Pen.

*Violent Career Criminal in Possession of a Firearm

Felony, Up to $10,000 Fine & 15 Yrs in Pen. Mand. Min.

Exhibiting Deadly Weapon, Threatening Manor

Misdemeanor Up to $1000 Fine & / or 1 Year in Jail

*Shooting in Dwelling

Felony, Up to $10,000 Fine &/or Up to 15 Yrs. Pen.

*Drive-By Shooting or Bombing

Felony, Up to $10,000 Fine &/or 15 Yrs Penitentiary

Highway Shootings at Lights, Signs Etc

Up to $1000 Fine or Up to 1 Year in Jail

*Semi-Automatic w/high-capacity Detachable Box Magazine or Machine Gun During Felony

Felony, Increase to 15 Yrs Pen. Mand. Min.

All Information Obtained from William N. Meggs Office of State Attorney, Second Judicial Circuit, Tallahassee Florida

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