| 1 | A bill to be entitled |
| 2 | An act relating to ocean lifeguards; amending s. 784.07, |
| 3 | F.S.; providing a definition; providing enhanced penalties |
| 4 | for an assault or battery on an ocean lifeguard; amending |
| 5 | s. 901.15, F.S., relating to arrest without warrant; |
| 6 | conforming provisions; amending s. 921.0022, F.S., and |
| 7 | reenacting paragraph (3)(d), F.S., relating to the offense |
| 8 | severity ranking chart, to conform; amending ss. 943.051 |
| 9 | and 985.11, F.S., relating to criminal justice |
| 10 | information; conforming provisions; providing an effective |
| 11 | date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Section 784.07, Florida Statutes, is amended to |
| 16 | read: |
| 17 | 784.07 Assault or battery of law enforcement officers, |
| 18 | firefighters, emergency medical care providers, public transit |
| 19 | employees or agents, or other specified officers; |
| 20 | reclassification of offenses; minimum sentences.- |
| 21 | (1) As used in this section, the term: |
| 22 | (a) "Emergency medical care provider" means an ambulance |
| 23 | driver, emergency medical technician, paramedic, registered |
| 24 | nurse, physician as defined in s. 401.23, medical director as |
| 25 | defined in s. 401.23, or any person authorized by an emergency |
| 26 | medical service licensed under chapter 401 who is engaged in the |
| 27 | performance of his or her duties. The term "emergency medical |
| 28 | care provider" also includes physicians, employees, agents, or |
| 29 | volunteers of hospitals as defined in chapter 395, who are |
| 30 | employed, under contract, or otherwise authorized by a hospital |
| 31 | to perform duties directly associated with the care and |
| 32 | treatment rendered by the hospital's emergency department or the |
| 33 | security thereof. |
| 34 | (b) "Firefighter" means any person employed by any public |
| 35 | employer of this state whose duty it is to extinguish fires; to |
| 36 | protect life or property; or to enforce municipal, county, and |
| 37 | state fire prevention codes, as well as any law pertaining to |
| 38 | the prevention and control of fires. |
| 39 | (c) "Law enforcement explorer" means any person who is a |
| 40 | current member of a law enforcement agency's explorer program |
| 41 | and who is performing functions other than those required to be |
| 42 | performed by sworn law enforcement officers on behalf of a law |
| 43 | enforcement agency while under the direct physical supervision |
| 44 | of a sworn officer of that agency and wearing a uniform that |
| 45 | bears at least one patch that clearly identifies the law |
| 46 | enforcement agency that he or she represents. |
| 47 | (d) "Law enforcement officer" includes a law enforcement |
| 48 | officer, a correctional officer, a correctional probation |
| 49 | officer, a part-time law enforcement officer, a part-time |
| 50 | correctional officer, an auxiliary law enforcement officer, and |
| 51 | an auxiliary correctional officer, as those terms are |
| 52 | respectively defined in s. 943.10, and any county probation |
| 53 | officer; an employee or agent of the Department of Corrections |
| 54 | who supervises or provides services to inmates; an officer of |
| 55 | the Parole Commission; a federal law enforcement officer as |
| 56 | defined in s. 901.1505; and law enforcement personnel of the |
| 57 | Fish and Wildlife Conservation Commission, the Department of |
| 58 | Environmental Protection, or the Department of Law Enforcement. |
| 59 | (e) "Public transit employees or agents" means bus |
| 60 | operators, train operators, revenue collectors, security |
| 61 | personnel, equipment maintenance personnel, or field |
| 62 | supervisors, who are employees or agents of a transit agency as |
| 63 | described in s. 812.015(1)(l). |
| 64 | (f) "Ocean lifeguard" means a lifeguard employed along the |
| 65 | coastal or intracoastal beaches and shores of the state to help |
| 66 | prevent injury or drowning of persons. |
| 67 | (2) Whenever any person is charged with knowingly |
| 68 | committing an assault or battery upon a law enforcement officer, |
| 69 | a firefighter, an emergency medical care provider, a traffic |
| 70 | accident investigation officer as described in s. 316.640, a |
| 71 | nonsworn law enforcement agency employee who is certified as an |
| 72 | agency inspector, a blood alcohol analyst, or a breath test |
| 73 | operator while such employee is in uniform and engaged in |
| 74 | processing, testing, evaluating, analyzing, or transporting a |
| 75 | person who is detained or under arrest for DUI, a law |
| 76 | enforcement explorer, a traffic infraction enforcement officer |
| 77 | as described in s. 316.640, a parking enforcement specialist as |
| 78 | defined in s. 316.640, a person licensed as a security officer |
| 79 | as defined in s. 493.6101 and wearing a uniform that bears at |
| 80 | least one patch or emblem that is visible at all times that |
| 81 | clearly identifies the employing agency and that clearly |
| 82 | identifies the person as a licensed security officer, or a |
| 83 | security officer employed by the board of trustees of a |
| 84 | community college, or an ocean lifeguard, while the officer, |
| 85 | firefighter, emergency medical care provider, traffic accident |
| 86 | investigation officer, traffic infraction enforcement officer, |
| 87 | inspector, analyst, operator, law enforcement explorer, parking |
| 88 | enforcement specialist, public transit employee or agent, or |
| 89 | security officer, or ocean lifeguard is engaged in the lawful |
| 90 | performance of his or her duties, the offense for which the |
| 91 | person is charged shall be reclassified as follows: |
| 92 | (a) In the case of assault, from a misdemeanor of the |
| 93 | second degree to a misdemeanor of the first degree. |
| 94 | (b) In the case of battery, from a misdemeanor of the |
| 95 | first degree to a felony of the third degree. |
| 96 | (c) In the case of aggravated assault, from a felony of |
| 97 | the third degree to a felony of the second degree. |
| 98 | Notwithstanding any other provision of law, any person convicted |
| 99 | of aggravated assault upon a law enforcement officer shall be |
| 100 | sentenced to a minimum term of imprisonment of 3 years. |
| 101 | (d) In the case of aggravated battery, from a felony of |
| 102 | the second degree to a felony of the first degree. |
| 103 | Notwithstanding any other provision of law, any person convicted |
| 104 | of aggravated battery of a law enforcement officer shall be |
| 105 | sentenced to a minimum term of imprisonment of 5 years. |
| 106 | (3) Any person who is convicted of a battery under |
| 107 | paragraph (2)(b) and, during the commission of the offense, such |
| 108 | person possessed: |
| 109 | (a) A "firearm" or "destructive device" as those terms are |
| 110 | defined in s. 790.001, shall be sentenced to a minimum term of |
| 111 | imprisonment of 3 years. |
| 112 | (b) A semiautomatic firearm and its high-capacity |
| 113 | detachable box magazine, as defined in s. 775.087(3), or a |
| 114 | machine gun as defined in s. 790.001, shall be sentenced to a |
| 115 | minimum term of imprisonment of 8 years. |
| 116 |
|
| 117 | Notwithstanding s. 948.01, adjudication of guilt or imposition |
| 118 | of sentence shall not be suspended, deferred, or withheld, and |
| 119 | the defendant is not eligible for statutory gain-time under s. |
| 120 | 944.275 or any form of discretionary early release, other than |
| 121 | pardon or executive clemency, or conditional medical release |
| 122 | under s. 947.149, prior to serving the minimum sentence. |
| 123 | Section 2. Subsection (15) of section 901.15, Florida |
| 124 | Statutes, is amended to read: |
| 125 | 901.15 When arrest by officer without warrant is lawful.-A |
| 126 | law enforcement officer may arrest a person without a warrant |
| 127 | when: |
| 128 | (15) There is probable cause to believe that the person |
| 129 | has committed assault upon a law enforcement officer, a |
| 130 | firefighter, an emergency medical care provider, public transit |
| 131 | employee employees or agent agents, or other specified person |
| 132 | officers as set forth in s. 784.07 or has committed assault or |
| 133 | battery upon any employee of a receiving facility as defined in |
| 134 | s. 394.455 who is engaged in the lawful performance of his or |
| 135 | her duties. |
| 136 | Section 3. For the purpose of incorporating the amendment |
| 137 | made by this act to section 784.07, Florida Statutes, in a |
| 138 | reference thereto, paragraph (d) of subsection (3) of section |
| 139 | 921.0022, Florida Statutes, is reenacted, and paragraphs (f) and |
| 140 | (g) of that subsection are amended, to read: |
| 141 | 921.0022 Criminal Punishment Code; offense severity |
| 142 | ranking chart.- |
| 143 | (3) OFFENSE SEVERITY RANKING CHART |
| 144 | (d) LEVEL 4 |
| 145 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 146 |
|
| | | 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. |
|
| 147 |
|
| | | 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
|
| 148 |
|
| | | 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
|
| 149 |
|
| | | 499.0051(6) | 2nd | Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. |
|
| 150 |
|
| | | 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, etc. |
|
| 151 |
|
| | | 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
|
| 152 |
|
| | | 784.075 | 3rd | Battery on detention or commitment facility staff. |
|
| 153 |
|
| | | 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
|
| 154 |
|
| | | 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
|
| 155 |
|
| | | 784.081(3) | 3rd | Battery on specified official or employee. |
|
| 156 |
|
| | | 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
|
| 157 |
|
| | | 784.083(3) | 3rd | Battery on code inspector. |
|
| 158 |
|
| | | 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
|
| 159 |
|
| | | 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
|
| 160 |
|
| | | 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
|
| 161 |
|
| | | 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
|
| 162 |
|
| | | 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
|
| 163 |
|
| | | 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
|
| 164 |
|
| | | 790.115(2)(c) | 3rd | Possessing firearm on school property. |
|
| 165 |
|
| | | 800.04(7)(c) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
|
| 166 |
|
| | | 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
|
| 167 |
|
| | | 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
|
| 168 |
|
| | | 810.06 | 3rd | Burglary; possession of tools. |
|
| 169 |
|
| | | 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
|
| 170 |
|
| | | 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
|
| 171 |
|
| | | 812.014 (2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
|
| 172 |
|
| | | 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
|
| 173 |
|
| | | 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
|
| 174 |
|
| | | 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
|
| 175 |
|
| | | 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
|
| 176 |
|
| | | 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
|
| 177 |
|
| | | 837.02(1) | 3rd | Perjury in official proceedings. |
|
| 178 |
|
| | | 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
|
| 179 |
|
| | | 838.022 | 3rd | Official misconduct. |
|
| 180 |
|
| | | 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
|
| 181 |
|
| | | 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
|
| 182 |
|
| | | 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
|
| 183 |
|
| | | 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
|
| 184 |
|
| | | 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
|
| 185 |
|
| | | 847.0135(5)(c) | 3rd | Lewd or lascivious exhibition using computer; offender less than 18 years. |
|
| 186 |
|
| | | 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal gang. |
|
| 187 |
|
| | | 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). |
|
| 188 |
|
| | | 914.14(2) | 3rd | Witnesses accepting bribes. |
|
| 189 |
|
| | | 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
|
| 190 |
|
| | | 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
|
| 191 |
|
| | | 918.12 | 3rd | Tampering with jurors. |
|
| 192 |
|
| | | 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
|
| 193 |
|
| 194 | (f) LEVEL 6 |
| 195 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 196 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 197 |
|
| | | 499.0051(3) | 2nd | Knowing forgery of pedigree papers. |
|
| 198 |
|
| | | 499.0051(4) | 2nd | Knowing purchase or receipt of prescription drug from unauthorized person. |
|
| 199 |
|
| | | 499.0051(5) | 2nd | Knowing sale or transfer of prescription drug to unauthorized person. |
|
| 200 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 201 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 202 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 203 |
|
| | | 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
| 204 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 205 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 206 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer, firefighter, intake officer, etc. |
|
| 207 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 208 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 209 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 210 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 211 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 212 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 213 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 214 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 215 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 216 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 217 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 218 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 219 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 220 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 221 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 222 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 223 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 224 |
|
| | | 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
| 225 |
|
| | | 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 226 |
|
| | | 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
| 227 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 228 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 229 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 230 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 231 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 232 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 233 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 234 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 235 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 236 |
|
| | | 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 237 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 238 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 239 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 240 |
|
| | | 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. |
|
| 241 |
|
| | | 847.012 | 3rd | Knowingly using a minor in the production of materials harmful to minors. |
|
| 242 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 243 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 244 |
|
| | | 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. |
|
| 245 |
|
| | |
| 246 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 247 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 248 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 249 |
|
| 250 | (g) LEVEL 7 |
| 251 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 252 |
|
| | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 253 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 254 |
|
| | | 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. |
|
| 255 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 256 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 257 |
|
| | | 409.920 (2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
| 258 |
|
| | | 409.920 (2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
| 259 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 260 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 261 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 262 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 263 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 264 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 265 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 266 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 267 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 268 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 269 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 270 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 271 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 272 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 273 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 274 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 275 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 276 |
|
| | | 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. |
|
| 277 |
|
| | | 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. |
|
| 278 |
|
| | | 560.125(5)(a) | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 279 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 280 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
| 281 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 282 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 283 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 284 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 285 |
|
| | | 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 286 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 287 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 288 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 289 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 290 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 291 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 292 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer, firefighter, intake officer, etc. |
|
| 293 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 294 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 295 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 296 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 297 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 298 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 299 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 300 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 301 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 302 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 303 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 304 |
|
| | | 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
| 305 |
|
| | | 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. |
|
| 306 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 307 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 308 |
|
| | | 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. |
|
| 309 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 310 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 311 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 312 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 313 |
|
| | | 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
| 314 |
|
| | | 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. |
|
| 315 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 316 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 317 |
|
| | | 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
| 318 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 319 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 320 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 321 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 322 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 323 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 324 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 325 |
|
| | | 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. |
|
| 326 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 327 |
|
| | | 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. |
|
| 328 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 329 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 330 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 331 |
|
| | |
| 332 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 333 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 334 |
|
| | |
| 335 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 336 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 337 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 338 |
|
| | | 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
| 339 |
|
| | | 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)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 340 |
|
| | | 893.13(1)(e)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)4., within 1,000 feet of property used for religious services or a specified business site. |
|
| 341 |
|
| | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 342 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 343 |
|
| | | 893.135 (1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 344 |
|
| | | 893.135 (1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 345 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 346 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 347 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 348 |
|
| | | 893.135 (1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 349 |
|
| | | 893.135 (1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 350 |
|
| | | 893.135 (1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 351 |
|
| | | 893.135 (1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 352 |
|
| | | 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
| 353 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 354 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 355 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 356 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 357 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 358 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 359 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 360 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 361 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 362 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 363 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 364 |
|
| | | 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 365 |
|
| | | 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 366 |
|
| | | 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 367 |
|
| 368 | Section 4. Paragraph (b) of subsection (3) of section |
| 369 | 943.051, Florida Statutes, is amended to read: |
| 370 | 943.051 Criminal justice information; collection and |
| 371 | storage; fingerprinting.- |
| 372 | (3) |
| 373 | (b) A minor who is charged with or found to have committed |
| 374 | the following offenses shall be fingerprinted and the |
| 375 | fingerprints shall be submitted to the department: |
| 376 | 1. Assault, as defined in s. 784.011. |
| 377 | 2. Battery, as defined in s. 784.03. |
| 378 | 3. Carrying a concealed weapon, as defined in s. |
| 379 | 790.01(1). |
| 380 | 4. Unlawful use of destructive devices or bombs, as |
| 381 | defined in s. 790.1615(1). |
| 382 | 5. Negligent treatment of children, as defined in former |
| 383 | s. 827.05. |
| 384 | 6. Assault or battery on a law enforcement officer, a |
| 385 | firefighter, or other specified person officers, as defined in |
| 386 | s. 784.07(2)(a) and (b). |
| 387 | 7. Open carrying of a weapon, as defined in s. 790.053. |
| 388 | 8. Exposure of sexual organs, as defined in s. 800.03. |
| 389 | 9. Unlawful possession of a firearm, as defined in s. |
| 390 | 790.22(5). |
| 391 | 10. Petit theft, as defined in s. 812.014(3). |
| 392 | 11. Cruelty to animals, as defined in s. 828.12(1). |
| 393 | 12. Arson, as defined in s. 806.031(1). |
| 394 | 13. Unlawful possession or discharge of a weapon or |
| 395 | firearm at a school-sponsored event or on school property as |
| 396 | defined in s. 790.115. |
| 397 | Section 5. Paragraph (b) of subsection (1) of section |
| 398 | 985.11, Florida Statutes, is amended to read: |
| 399 | 985.11 Fingerprinting and photographing.- |
| 400 | (1) |
| 401 | (b) A child who is charged with or found to have committed |
| 402 | one of the following offenses shall be fingerprinted, and the |
| 403 | fingerprints shall be submitted to the Department of Law |
| 404 | Enforcement as provided in s. 943.051(3)(b): |
| 405 | 1. Assault, as defined in s. 784.011. |
| 406 | 2. Battery, as defined in s. 784.03. |
| 407 | 3. Carrying a concealed weapon, as defined in s. |
| 408 | 790.01(1). |
| 409 | 4. Unlawful use of destructive devices or bombs, as |
| 410 | defined in s. 790.1615(1). |
| 411 | 5. Negligent treatment of children, as defined in former |
| 412 | s. 827.05. |
| 413 | 6. Assault on a law enforcement officer, a firefighter, or |
| 414 | other specified person officers, as defined in s. 784.07(2)(a). |
| 415 | 7. Open carrying of a weapon, as defined in s. 790.053. |
| 416 | 8. Exposure of sexual organs, as defined in s. 800.03. |
| 417 | 9. Unlawful possession of a firearm, as defined in s. |
| 418 | 790.22(5). |
| 419 | 10. Petit theft, as defined in s. 812.014. |
| 420 | 11. Cruelty to animals, as defined in s. 828.12(1). |
| 421 | 12. Arson, resulting in bodily harm to a firefighter, as |
| 422 | defined in s. 806.031(1). |
| 423 | 13. Unlawful possession or discharge of a weapon or |
| 424 | firearm at a school-sponsored event or on school property as |
| 425 | defined in s. 790.115. |
| 426 |
|
| 427 | A law enforcement agency may fingerprint and photograph a child |
| 428 | taken into custody upon probable cause that such child has |
| 429 | committed any other violation of law, as the agency deems |
| 430 | appropriate. Such fingerprint records and photographs shall be |
| 431 | retained by the law enforcement agency in a separate file, and |
| 432 | these records and all copies thereof must be marked "Juvenile |
| 433 | Confidential." These records are not available for public |
| 434 | disclosure and inspection under s. 119.07(1) except as provided |
| 435 | in ss. 943.053 and 985.04(2), but shall be available to other |
| 436 | law enforcement agencies, criminal justice agencies, state |
| 437 | attorneys, the courts, the child, the parents or legal |
| 438 | custodians of the child, their attorneys, and any other person |
| 439 | authorized by the court to have access to such records. In |
| 440 | addition, such records may be submitted to the Department of Law |
| 441 | Enforcement for inclusion in the state criminal history records |
| 442 | and used by criminal justice agencies for criminal justice |
| 443 | purposes. These records may, in the discretion of the court, be |
| 444 | open to inspection by anyone upon a showing of cause. The |
| 445 | fingerprint and photograph records shall be produced in the |
| 446 | court whenever directed by the court. Any photograph taken |
| 447 | pursuant to this section may be shown by a law enforcement |
| 448 | officer to any victim or witness of a crime for the purpose of |
| 449 | identifying the person who committed such crime. |
| 450 | Section 6. This act shall take effect October 1, 2011. |
