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This site is to assist by providing the Florida Statutes and brief definitions often used by police. There are also many links, videos, case laws, and opinions to understand different points of views.
Drug charges:
The word "drug" is a generic term applicable to a wide variety of substances that have any physical or psychotropic effect on the human body. The term "controlled substance" refers to specifically defined bioactive or psychoactive chemical substances that come under the purview of the criminal law.
893.13(6)(a) Possession over 20 grams of cannabis (felony)
893.13(6)(a) Possession of cocaine or controlled substance (felony)
893.13(6)(b) Possession of 20 grams or less of cannabis (misdemeanor)
893.13(6)(c) Possession of More than 10 grams of Heroin (felony)
893.147(1) Drug Paraphernalia - possession (misdemeanor)
893.147(2) Drug Paraphernalia - deliver, possess with intent to deliver, or manufacture (felony)
893.147(3) Drug Paraphernalia - deliver to minor or under 18 (felony)
893.13(1)(a)(1) Cocaine sell, manufacture or deliver or possess with the intent (felony)
893.13(1)(a)(2) Cannabis sell, manufacture or deliver or possess with the intent (felony)
893.13(1)(c)(1) Cocaine sell, manufacture or deliver or possess with the intent 1000 ft from school (felony)
893.13(1)(c)(2) Cannabis sell, manufacture or deliver or possess with the intent 1000 ft from school (felony)
893.13(2)(a)(1) Cocaine purchase or posess with intent to purchase (felony)
893.13(2)(a)(2) Cannabis purchase or possess with intent to purchase (felony)
893.13(1)(e)(1) Cocaine sell, manufacture, or deliver or possess with intent 1000 ft from church or convenience store (felony)
893.13(1)(e)(2) Cannabis sell, manufacture, or deliver or possess with intent 1000 ft from church or convenience store (felony)
Traffic Offenses:
316.192(1)(a) Reckless driving (criminal)
316.192(1)(a) Fleeing a law enforcement officer in a motor vehicle is reckless driving (criminal)
316.193(3)(abc)(1) DUI damage to property or person (criminal)
316.193(3)(c)(1)DUI with damage to property or person (criminal)
316.193(1) DUI while accompanied by minor in vehicle (criminal)
316.1939(1) DUI testing 2nd or subsequent refusal (criminal)
316.2123(1) ATV improper operation on certain roadways (criminal)
316.2045(2) Obstruct, disturb traffic while soliciting without a lawful permit (criminal)
316.646(4) Proof of insurance not currently valid - Knowingly (criminal)
318.14(3) Person willfully refuses to accept and sign citation (criminal)
319.33(4) Possession of a COUNTERFEIT or FICTITIOUS motor vehicle registration (criminal)
320.0848(7) Handicap permit Violation - Fraudulent/unlawful use (criminal)
322.03(1) No valid driver's license (criminal)
322.15(1) No license upon demand (non-criminal)
322.1615(2)(b) Learner’s Driver License Violation - Passenger at least 21 yrs old (non-criminal/moving)
322.34(1) Driving while license suspended - Unknowingly (non-criminal)
322.34(2) Driving while license suspended - knowingly (criminal)
322.34(2)(c) Driving while license suspended - 3rd or subsquent conviction (felony)
322.34(5) Driving while license suspended - Habitual Traffic Offender (felony)
322.57(2) No motorcycle endorsement on DL (criminal)
817.2361 False or fraudulent proof of motor vehicle insurance (felony)
Theft, Larceny, Burglary or other Property crimes:
Theft, in terms of “larceny”is the wrongful taking and carrying away by any person of the mere personal goods of another, from any place, with the intent to convert them to his own use, and/or make them his own property, without the consent of the owner. A burglary is the breaking and entering of a building, locked automobile, boat, and other structure with the intent to commit a felony or theft. The unlawful taking of property that is in the immediate possession of another by force or by threat of force is robbery.
810.02(2)(a) Burglary with assault or battery (felony)
810.02(2)(a) Burglary with assault or battery/armed (felony)
810.02(2)(a) Burglary with assault or battery/attempt (felony)
810.02(2)(a) Burglary with assault/battery/armed/attempt (felony)
810.02(3)(a) Burglary occupied dwelling (felony)
810.02(3)(b) Burglary unoccupied dwelling (felony)
810.02(3)(c) Burglary occupied structure (felony)
810.02(3)(d) Burglary occupied conveyance (felony)
810.02(4)(a) Burglary unoccupied structure (felony)
810.02(4)(b) Burglary unoccupied conveyance (felony)
810.09(1)(a)(1) Trespass property after warning (misdemeanor)
810.09(1)(a)(2) Trespass (not structure or conveyance) unenclosed curtilage of a dwelling (misdemeanor)
810.09(2)(a) Trespass property other than structure/conveyance (misdemeanor)
810.09(2)(d) Trespass construction site/posted sign (felony)
810.097 Trespass upon school grounds or facility (misdemeanor)
810.08(2)(b) Trespass/occupied structure or conveyance (misdemeanor)
806.13(1)(b)(1) Criminal mischief $200 or less (misdemeanor)
806.13(1)(b)(2) Criminal mischief $200 - $1000 (misdemeanor)
806.13(1)(b)(3) Criminal mischief $1000 or more (felony)
806.13(1)(b)(4) Criminal mischief with prior conviction (felony)
812.13(2)(c) Robbery strongarm (felony)
812.014(2)(c) Grand theft 3rd degree (felony)
812.014(3)(a) Petit theft (misdemeanor)
812.014(3)(b) Petit theft previous conviction (misdemeanor)
812.014(3)(c) Petit theft two conv or more (felony)
Assault & Battery Crimes
An assault is the willful attempted or threatened to inflict injury.
A battery is the unlawful physical violence inflicted on a person
without his or her consent.
Stalking is the intentional frightening of another through following,
harassing, annoying, tormenting, or terrorizing activities.
False Imprisonment is the unlawful restraint of another person’s liberty.
Also, the unlawful detention of a person without his or her consent.
Also called fase arrest.
“Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Example: Boyfriend and Girlfriend
741.29(6) Violation of a Stay Away Order - Domestic Violence (misdemeanor)
741.31(4)(a) Violation of an Injunction/Restraining Order - Domestic Violence (misdemeanor)
Note: for the difference between: Stay Away Order and a Violation of Injunction/Restraining order Click here
784.011 Assault (misdemeanor)
784.021 Assault aggravated (felony)
784.021 Assault aggravated/law enforcement officer (felony)
784.021 Assault aggravated/law enforcement officer w/firearm (felony)
784.021(1)(a) Assault aggravated/with a deadly weapon (felony)
784.021(1)(a) Assault aggravated/with a firearm (felony)
784.021(1)(b) Assault aggravated/commit felony/firearm (felony)
784.07(2)(a) Assault to a police officer or firefighter (felony)
784.07(2)(b) Assault aggravated/on person 65 or older (felony)
784.07(2)(c) Assault aggravated/police officer/firefighter (felony)
784.08(2)(d) Assault on person 65 or older (misdemeanor)
784.03 Battery (misdemeanor)
784.03(2) Battery one/two prior convictions (felony)
784.041 Battery felony (felony)
784.041(2)(a) Domestic battery by strangulation (felony)
784.045 Battery aggravated (felony)
784.045 Battery aggravated/law enforcement officer (felony)
784.045(1)(a)(1) Battery aggravated/great bodily harm (felony)
784.045(1)(a)(2) Battery aggravated/with a deadly weapon (felony)
784.045(1)(b) Battery aggravated/on a pregnant victim (felony)
784.048(2) Stalking (misdemeanor)
784.048(3) Stalking aggravated (felony)
784.048(7) Stalking aggravated/cyberstalk (felony)
784.07(2)(b) Battery to a police officer or firefighter (felony)
784.08(2)(c) Battery on person 65 or older (felony)
787.02(2) False imprisonment (felony)
836.10 Written threats to kill or do bodily injury (felony)
836.12(2) Threats to law enforcement, firefighter ..... including family (misdemeanor)
836.12(3) Threats to law enforcement, firefighter ..... including family - 2nd or subsequent (felony)
False Imprisonment & Kidnapping
787.02(1)(a) False imprisonment - Adult (felony)
787.02(1)(b) False imprisonment - Under 13 yrs without parents consent (felony)
787.02(3)(a) False imprisonment - Under 13 yrs and another offense listed 1-6 (felony)
787.01(1)(a) Kidnapping - Adult (felony)
787.01(1)(b) Kidnapping - Under 13 yrs old (felony)
787.01(3)(a) Kidnapping - Under 13 yrs old and another offese listed 1-6 (felony)
A person who commits the offense of kidnapping or false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:
1. Aggravated child abuse, as defined in s. 827.03;
2. Sexual battery, as defined in chapter 794, against the child;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);
4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;
5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or
6. A violation of s. 787.06(3)(g), relating to human trafficking,
Credit Card & ID Theft
“Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any:
1. Name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name,
official state-issued or United States-issued driver license or identification number, alien registration number,
government passport number, employer or taxpayer identification number, Medicaid or food assistance account number,
bank account number, credit or debit card number, or personal identification number or code assigned to the holder
of a debit card by the issuer to permit authorized electronic use of such card;
2. Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
3. Unique electronic identification number, address, or routing code;
4. Medical records;
5. Telecommunication identifying information or access device; or
6. Other number or information that can be used to access a person’s financial resources.
Identity theft should also be referred to the federal government at www.IdentityTheft.gov
817.568(2)(a) ID fraudulently without authorization uses, or possesses (felony)
817.568(9) ID fraudulently, create or uses counterfeit personal identification (felony)
817.5685(2) Unlawful possession of the personal ID information of another person (misdemeanor)
817.59 False statement as to financial condition or identity (misdemeanor)
817.60(1) Theft of Credit Card (misdemeanor)
817.60(6) Forgery of Credit Card (felony)
817.60(6) Unlawful possession of a stolen creid card/debit card (felony)
817.61 Fraudulent use of credit cards under $100 (misdemeanor)
817.61 Fraudulent use of credit cards over $100 (felony)
817.611 Traffic in counterfeit 10 or more credit cards (felony)
Weapons & Firearms Crimes
Florida accepts gun licenses from other states. Click here for the most current list.
790.01(1) Concealed weapon - carrying (misdemeanor)
790.01(2) Concealed firearm - carrying (felony)
790.06(12)(a) select subsection Concealed weapon or firearm not authorize to openly carry (misdemeanor)
790.15(1) Discharging firearm in public or on residential property (misdemeanor)
790.15(2) Discharging firearm from the vehicle within 1,000 feet of any person (felony)
790.15(3) Driver who orders anyone to discharge a firearm from the vehicle (felony)
790.151(3) Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances (misdemeanor)
790.23(1) Concealed weapon/posn by a felon (felony)
790.235 Firearm concealed weapon/possess by violent career criminal (felony)
806.10(2) Firefighter/obstruct (felony)
Other Crimes
836.12(2) Threats to law enforcement, firefighter ..... including family (misdemeanor)
836.12(3) Threats to law enforcement, firefighter ..... including family - 2nd or subsequent (felony)
877.03 Disorderly conduct/breach of peace (misdemeanor)
901.36(1) False name or false ID by person arrested or lawfully detained (misdemeanor)
250.43 Wearing a military uniform (misdemeanor)
817.312 Unlawful use of military uniforms, medals, or insignia (felony)
918.13(1)(a) Tamper with physical evidence (felony)
843.08 Falsely personate an officer (felony)
843.085(1) Police Badge, insignia/unlawful use (misdemeanor)
843.01 Resisting officer with violence to his person (felony)
843.02 Resisting officer without violence to his person (misdemeanor)
843.021(2)Possession of a handcuff key (felony)