Bill Text: FL S0128 | 2010 | Regular Session | Introduced

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Bill Title: Beach Safety [EPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Environmental Preservation and Conservation [S0128 Detail]

Download: Florida-2010-S0128-Introduced.html

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Florida Senate - 2010                                     SB 128 
 
By Senator Bullard 
39-00191-10                                            2010128__ 
1                        A bill to be entitled 
2         An act relating to beach safety; amending s. 380.276, 
3         F.S.; expanding the beach safety program administered 
4         by the Department of Environmental Protection to apply 
5         to all beaches; specifying how department funds for 
6         promoting the use of beach warning flags are to be 
7         dispersed; amending s. 784.07, F.S.; defining the term 
8         “ocean lifeguard”; providing enhanced penalties for an 
9         assault or battery on an ocean lifeguard while he or 
10         she is engaged in the lawful performance of his or her 
11         duties; amending ss. 435.04, 901.15, 943.051, and 
12         985.11, F.S.; conforming provisions; amending s. 
13         921.0022, F.S., and reenacting paragraph (3)(d), 
14         relating to the offense severity ranking chart, to 
15         incorporate the amendments made to s. 784.07, F.S., in 
16         a reference thereto; providing an effective date. 
17 
18  Be It Enacted by the Legislature of the State of Florida: 
19 
20         Section 1. Section 380.276, Florida Statutes, is amended to 
21  read: 
22         380.276 Beaches and coastal areas; display of uniform 
23  warning and safety flags at public beaches; placement of uniform 
24  notification signs; beach safety education.— 
25         (1) It is the intent of the Legislature that a cooperative 
26  effort among state agencies and local governments be undertaken 
27  to plan for and assist in the display of uniform warning and 
28  safety flags, and the placement of uniform notification signs 
29  that provide the meaning of such warning and safety flags, at 
30  public beaches along the coast of the state. Because the varying 
31  natural conditions of Florida’s public beaches and coastal areas 
32  pose significant risks to the safety of tourists and the general 
33  public, it is important to inform the public of the need to 
34  exercise caution. 
35         (2) As used in this section, the term “beach” means any 
36  sandy shoreline fronting on the Atlantic Ocean, the Gulf of 
37  Mexico, or the Straits of Florida which is laterally transversed 
38  or customarily used by the public. 
39         (3)(2) The Department of Environmental Protection, through 
40  the Florida Coastal Management Program, shall direct and 
41  coordinate the uniform warning and safety flag program. The 
42  purpose of the program is shall be to encourage the display of 
43  uniform warning and safety flags at public beaches along the 
44  coast of the state and to encourage the placement of uniform 
45  notification signs that provide the meaning of such flags. Only 
46  warning and safety flags developed by the department may shall 
47  be displayed. The department should adopt the goal of having all 
48  state beaches participate in the Florida Coastal Management 
49  Program and, at a minimum, display the uniform flag notification 
50  signs. Participation in the program is shall be open to any 
51  entity that has government having jurisdiction over a public 
52  beach along the coast, whether or not the beach has lifeguards, 
53  and is strongly recommended for all local governments that have 
54  jurisdiction over a beach. 
55         (4)(3) The Department of Environmental Protection shall 
56  develop a program for the display of uniform warning and safety 
57  flags at public beaches along the coast of the state and for the 
58  placement of uniform flag notification signs that provide the 
59  meaning of the flags displayed. Such a program shall provide: 
60         (a) For posted notification of the meaning of each of the 
61  warning and safety flags at all designated beach public access 
62  points. 
63         (b) That uniform notification signs be posted in a 
64  conspicuous location and be clearly legible. 
65         (c) A standard size, shape, color, and definition for each 
66  warning and safety flag. 
67         (5)(4) The Department of Environmental Protection may is 
68  authorized, within the limits of appropriations or grants 
69  available to it for such purposes, to establish and operate a 
70  program to encourage the display of uniform warning and safety 
71  flags at public beaches along the coast of the state and to 
72  encourage the placement of uniform notification signs that 
73  provide the meaning of the flags displayed. The department shall 
74  coordinate the implementation of the uniform warning and safety 
75  flag program with local governing bodies and the Florida Beach 
76  Patrol Chiefs Association. In awarding funds, the department 
77  must first fund all requests from local governments. If any 
78  funds remain, the department shall fund the remaining requests 
79  on a first-come, first-served basis. 
80         (6)(5) The Department of Environmental Protection may adopt 
81  rules pursuant to ss. 120.536(1) and 120.54 necessary to 
82  administer this section. 
83         (7)(6) Due to the inherent danger of constantly changing 
84  surf and other naturally occurring conditions along Florida’s 
85  coast, the state, state agencies, local and regional government 
86  entities or authorities, and their individual employees and 
87  agents, are shall not be held liable for any injury or loss of 
88  life caused by changing surf and other naturally occurring 
89  conditions along coastal areas, whether or not uniform warning 
90  and safety flags or notification signs developed by the 
91  department are displayed or posted. 
92         (8)(7) The Department of Environmental Protection, through 
93  the Florida Coastal Management Program, may also develop and 
94  make available to the public other educational information and 
95  materials related to beach safety. 
96         Section 2. Section 784.07, Florida Statutes, is amended to 
97  read: 
98         784.07 Assault or battery of law enforcement officers, 
99  firefighters, emergency medical care providers, public transit 
100  employees or agents, or other specified persons officers; 
101  reclassification of offenses; minimum sentences.— 
102         (1) As used in this section, the term: 
103         (a) “Emergency medical care provider” means an ambulance 
104  driver, emergency medical technician, paramedic, registered 
105  nurse, physician as defined in s. 401.23, medical director as 
106  defined in s. 401.23, or any person authorized by an emergency 
107  medical service licensed under chapter 401 who is engaged in the 
108  performance of his or her duties. The term “emergency medical 
109  care provider” also includes physicians, employees, agents, or 
110  volunteers of hospitals as defined in chapter 395, who are 
111  employed, under contract, or otherwise authorized by a hospital 
112  to perform duties directly associated with the care and 
113  treatment rendered by the hospital’s emergency department or the 
114  security thereof. 
115         (b) “Firefighter” means any person employed by any public 
116  employer of this state whose duty it is to extinguish fires; to 
117  protect life or property; or to enforce municipal, county, and 
118  state fire prevention codes, as well as any law pertaining to 
119  the prevention and control of fires. 
120         (c) “Law enforcement explorer” means any person who is a 
121  current member of a law enforcement agency’s explorer program 
122  and who is performing functions other than those required to be 
123  performed by sworn law enforcement officers on behalf of a law 
124  enforcement agency while under the direct physical supervision 
125  of a sworn officer of that agency and wearing a uniform that 
126  bears at least one patch that clearly identifies the law 
127  enforcement agency that he or she represents. 
128         (d) “Law enforcement officer” includes a law enforcement 
129  officer, a correctional officer, a correctional probation 
130  officer, a part-time law enforcement officer, a part-time 
131  correctional officer, an auxiliary law enforcement officer, and 
132  an auxiliary correctional officer, as those terms are 
133  respectively defined in s. 943.10, and any county probation 
134  officer; an employee or agent of the Department of Corrections 
135  who supervises or provides services to inmates; an officer of 
136  the Parole Commission; a federal law enforcement officer as 
137  defined in s. 901.1505; and law enforcement personnel of the 
138  Fish and Wildlife Conservation Commission, the Department of 
139  Environmental Protection, or the Department of Law Enforcement. 
140         (e) “Ocean lifeguard” means a lifeguard employed along the 
141  coastal or intracoastal beaches and shores of this state to help 
142  prevent injury or drowning. 
143         (f)(e) “Public transit employees or agents” means bus 
144  operators, train operators, revenue collectors, security 
145  personnel, equipment maintenance personnel, or field 
146  supervisors, who are employees or agents of a transit agency as 
147  described in s. 812.015(1)(l). 
148         (2) If Whenever any person is charged with knowingly 
149  committing an assault or battery upon a law enforcement officer, 
150  a firefighter, an emergency medical care provider, a traffic 
151  accident investigation officer as described in s. 316.640, a 
152  nonsworn law enforcement agency employee who is certified as an 
153  agency inspector, blood alcohol analyst, or a breath test 
154  operator while such employee is in uniform and engaged in 
155  processing, testing, evaluating, analyzing, or transporting a 
156  person who is detained or under arrest for DUI, a law 
157  enforcement explorer, a traffic infraction enforcement officer 
158  as described in s. 316.640, a parking enforcement specialist as 
159  defined in s. 316.640, a person licensed as a security officer 
160  as defined in s. 493.6101 and wearing a uniform that bears at 
161  least one patch or emblem that is visible at all times that 
162  clearly identifies the employing agency and that clearly 
163  identifies the person as a licensed security officer, or a 
164  security officer employed by the board of trustees of a 
165  community college, or an ocean lifeguard while the officer, 
166  firefighter, emergency medical care provider, intake officer, 
167  traffic accident investigation officer, traffic infraction 
168  enforcement officer, inspector, analyst, operator, law 
169  enforcement explorer, parking enforcement specialist, public 
170  transit employee or agent, or security officer, or ocean 
171  lifeguard is engaged in the lawful performance of his or her 
172  duties, the offense for which the person is charged shall be 
173  reclassified as follows: 
174         (a) In the case of assault, from a misdemeanor of the 
175  second degree to a misdemeanor of the first degree. 
176         (b) In the case of battery, from a misdemeanor of the first 
177  degree to a felony of the third degree. 
178         (c) In the case of aggravated assault, from a felony of the 
179  third degree to a felony of the second degree. Notwithstanding 
180  any other provision of law, any person convicted of aggravated 
181  assault upon a law enforcement officer shall be sentenced to a 
182  minimum term of imprisonment of 3 years. 
183         (d) In the case of aggravated battery, from a felony of the 
184  second degree to a felony of the first degree. Notwithstanding 
185  any other provision of law, any person convicted of aggravated 
186  battery of a law enforcement officer shall be sentenced to a 
187  minimum term of imprisonment of 5 years. 
188         (3) Any person who is convicted of a battery under 
189  paragraph (2)(b) and, during the commission of the offense, the 
190  such person possessed: 
191         (a) A “firearm” or “destructive device” as those terms are 
192  defined in s. 790.001, shall be sentenced to a minimum term of 
193  imprisonment of 3 years. 
194         (b) A semiautomatic firearm and its high-capacity 
195  detachable box magazine, as defined in s. 775.087(3), or a 
196  machine gun as defined in s. 790.001, shall be sentenced to a 
197  minimum term of imprisonment of 8 years. 
198 
199  Notwithstanding s. 948.01, adjudication of guilt or imposition 
200  of sentence may shall not be suspended, deferred, or withheld, 
201  and the defendant is not eligible for statutory gain-time under 
202  s. 944.275 or any form of discretionary early release, other 
203  than pardon or executive clemency, or conditional medical 
204  release under s. 947.149, prior to serving the minimum sentence. 
205         Section 3. Subsection (3) of section 435.04, Florida 
206  Statutes, is amended to read: 
207         435.04 Level 2 screening standards.— 
208         (3) The security background investigations conducted under 
209  this section for employees of the Department of Juvenile Justice 
210  must ensure that no persons subject to the provisions of this 
211  section have been found guilty of, regardless of adjudication, 
212  or entered a plea of nolo contendere or guilty to, any offense 
213  prohibited under any of the following provisions of state law 
214  the Florida Statutes or under any similar statute of another 
215  jurisdiction: 
216         (a) Section 784.07, relating to assault or battery of law 
217  enforcement officers, firefighters, emergency medical care 
218  providers, public transit employees or agents, or other 
219  specified persons officers. 
220         (b) Section 810.02, relating to burglary, if the offense is 
221  a felony. 
222         (c) Section 944.40, relating to escape. 
223 
224  The Department of Juvenile Justice may not remove a 
225  disqualification from employment or grant an exemption to any 
226  person who is disqualified under this section for any offense 
227  disposed of during the last 7 years most recent 7-year period. 
228         Section 4. Subsection (15) of section 901.15, Florida 
229  Statutes, is amended to read: 
230         901.15 When arrest by officer without warrant is lawful.—A 
231  law enforcement officer may arrest a person without a warrant 
232  when: 
233         (15) There is probable cause to believe that the person has 
234  committed assault upon a law enforcement officer, a firefighter, 
235  an emergency medical care provider, public transit employee 
236  employees or agent agents, or other specified persons officers 
237  as set forth in s. 784.07 or has committed assault or battery 
238  upon any employee of a receiving facility as defined in s. 
239  394.455 who is engaged in the lawful performance of his or her 
240  duties. 
241         Section 5. For the purpose of incorporating the amendment 
242  made by this act to section 784.07, Florida Statutes, in a 
243  reference thereto, paragraph (d) of subsection (3) of section 
244  921.0022, Florida Statutes, is reenacted, and paragraphs (f) and 
245  (g) of that subsection are amended, to read: 
246         921.0022 Criminal Punishment Code; offense severity ranking 
247  chart.— 
248         (3) OFFENSE SEVERITY RANKING CHART 
249         (d) LEVEL 4 
250  FloridaStatute    FelonyDegree                Description 
251  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. 
252  499.0051(1)       3rd     Failure to maintain or deliver pedigree papers. 
253  499.0051(2)       3rd     Failure to authenticate pedigree papers. 
254  499.0051(6)       2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 
255  784.07(2)(b)      3rd     Battery of law enforcement officer, firefighter, intake officer, etc. 
256  784.074(1)(c)     3rd     Battery of sexually violent predators facility staff. 
257  784.075           3rd     Battery on detention or commitment facility staff. 
258  784.078           3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 
259  784.08(2)(c)      3rd     Battery on a person 65 years of age or older. 
260  784.081(3)        3rd     Battery on specified official or employee. 
261  784.082(3)        3rd     Battery by detained person on visitor or other detainee. 
262  784.083(3)        3rd     Battery on code inspector. 
263  784.085           3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 
264  787.03(1)         3rd     Interference with custody; wrongly takes minor from appointed guardian. 
265  787.04(2)         3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 
266  787.04(3)         3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 
267  790.115(1)        3rd     Exhibiting firearm or weapon within 1,000 feet of a school. 
268  790.115(2)(b)     3rd     Possessing electric weapon or device, destructive device, or other weapon on school property. 
269  790.115(2)(c)     3rd     Possessing firearm on school property. 
270  800.04(7)(c)      3rd     Lewd or lascivious exhibition; offender less than 18 years. 
271  810.02(4)(a)      3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 
272  810.02(4)(b)      3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 
273  810.06            3rd     Burglary; possession of tools. 
274  810.08(2)(c)      3rd     Trespass on property, armed with firearm or dangerous weapon. 
275  812.014(2)(c)3.   3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000. 
276  812.014(2)(c)4.-10.3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 
277  812.0195(2)       3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more. 
278  817.563(1)        3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 
279  817.568(2)(a)     3rd     Fraudulent use of personal identification information. 
280  817.625(2)(a)     3rd     Fraudulent use of scanning device or reencoder. 
281  828.125(1)        2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 
282  837.02(1)         3rd     Perjury in official proceedings. 
283  837.021(1)        3rd     Make contradictory statements in official proceedings. 
284  838.022           3rd     Official misconduct. 
285  839.13(2)(a)      3rd     Falsifying records of an individual in the care and custody of a state agency. 
286  839.13(2)(c)      3rd     Falsifying records of the Department of Children and Family Services. 
287  843.021           3rd     Possession of a concealed handcuff key by a person in custody. 
288  843.025           3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 
289  843.15(1)(a)      3rd     Failure to appear while on bail for felony (bond estreature or bond jumping). 
290  847.0135(5)(c)    3rd     Lewd or lascivious exhibition using computer; offender less than 18 years. 
291  874.05(1)         3rd     Encouraging or recruiting another to join a criminal gang. 
292  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). 
293  914.14(2)         3rd     Witnesses accepting bribes. 
294  914.22(1)         3rd     Force, threaten, etc., witness, victim, or informant. 
295  914.23(2)         3rd     Retaliation against a witness, victim, or informant, no bodily injury. 
296  918.12            3rd     Tampering with jurors. 
297  934.215           3rd     Use of two-way communications device to facilitate commission of a crime. 
298         (f) LEVEL 6 
299  FloridaStatute   FelonyDegree                Description 
300  316.193(2)(b)    3rd     Felony DUI, 4th or subsequent conviction. 
301  499.0051(3)      2nd     Knowing forgery of pedigree papers. 
302  499.0051(4)      2nd     Knowing purchase or receipt of prescription drug from unauthorized person. 
303  499.0051(5)      2nd     Knowing sale or transfer of prescription drug to unauthorized person. 
304  775.0875(1)      3rd     Taking firearm from law enforcement officer. 
305  784.021(1)(a)    3rd     Aggravated assault; deadly weapon without intent to kill. 
306  784.021(1)(b)    3rd     Aggravated assault; intent to commit felony. 
307  784.041          3rd     Felony battery; domestic battery by strangulation. 
308  784.048(3)       3rd     Aggravated stalking; credible threat. 
309  784.048(5)       3rd     Aggravated stalking of person under 16. 
310  784.07(2)(c)     2nd     Aggravated assault on law enforcement officer, firefighter, intake officer, etc. 
311  784.074(1)(b)    2nd     Aggravated assault on sexually violent predators facility staff. 
312  784.08(2)(b)     2nd     Aggravated assault on a person 65 years of age or older. 
313  784.081(2)       2nd     Aggravated assault on specified official or employee. 
314  784.082(2)       2nd     Aggravated assault by detained person on visitor or other detainee. 
315  784.083(2)       2nd     Aggravated assault on code inspector. 
316  787.02(2)        3rd     False imprisonment; restraining with purpose other than those in s. 787.01. 
317  790.115(2)(d)    2nd     Discharging firearm or weapon on school property. 
318  790.161(2)       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property. 
319  790.164(1)       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. 
320  790.19           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 
321  794.011(8)(a)    3rd     Solicitation of minor to participate in sexual activity by custodial adult. 
322  794.05(1)        2nd     Unlawful sexual activity with specified minor. 
323  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. 
324  800.04(6)(b)     2nd     Lewd or lascivious conduct; offender 18 years of age or older. 
325  806.031(2)       2nd     Arson resulting in great bodily harm to firefighter or any other person. 
326  810.02(3)(c)     2nd     Burglary of occupied structure; unarmed; no assault or battery. 
327  812.014(2)(b)1.  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 
328  812.014(6)       2nd     Theft; property stolen $3,000 or more; coordination of others. 
329  812.015(9)(a)    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction. 
330  812.015(9)(b)    2nd     Retail theft; property stolen $3,000 or more; coordination of others. 
331  812.13(2)(c)     2nd     Robbery, no firearm or other weapon (strong-arm robbery). 
332  817.034(4)(a)1.  1st     Communications fraud, value greater than $50,000. 
333  817.4821(5)      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones. 
334  825.102(1)       3rd     Abuse of an elderly person or disabled adult. 
335  825.102(3)(c)    3rd     Neglect of an elderly person or disabled adult. 
336  825.1025(3)      3rd     Lewd or lascivious molestation of an elderly person or disabled adult. 
337  825.103(2)(c)    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $20,000. 
338  827.03(1)        3rd     Abuse of a child. 
339  827.03(3)(c)     3rd     Neglect of a child. 
340  827.071(2) & (3) 2nd     Use or induce a child in a sexual performance, or promote or direct such performance. 
341  836.05           2nd     Threats; extortion. 
342  836.10           2nd     Written threats to kill or do bodily injury. 
343  843.12           3rd     Aids or assists person to escape. 
344  847.011          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 
345  847.012          3rd     Knowingly using a minor in the production of materials harmful to minors. 
346  847.0135(2)      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 
347  914.23           2nd     Retaliation against a witness, victim, or informant, with bodily injury. 
348  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. 
349  944.40           2nd     Escapes. 
350  944.46           3rd     Harboring, concealing, aiding escaped prisoners. 
351  944.47(1)(a)5.   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 
352  951.22(1)        3rd     Intoxicating drug, firearm, or weapon introduced into county facility. 
353         (g) LEVEL 7 
354  FloridaStatute     FelonyDegree               Description 
355  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene. 
356  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury. 
357  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. 
358  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury. 
359  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 
360  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less. 
361  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000. 
362  456.065(2)         3rd      Practicing a health care profession without a license. 
363  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury. 
364  458.327(1)         3rd      Practicing medicine without a license. 
365  459.013(1)         3rd      Practicing osteopathic medicine without a license. 
366  460.411(1)         3rd      Practicing chiropractic medicine without a license. 
367  461.012(1)         3rd      Practicing podiatric medicine without a license. 
368  462.17             3rd      Practicing naturopathy without a license. 
369  463.015(1)         3rd      Practicing optometry without a license. 
370  464.016(1)         3rd      Practicing nursing without a license. 
371  465.015(2)         3rd      Practicing pharmacy without a license. 
372  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license. 
373  467.201            3rd      Practicing midwifery without a license. 
374  468.366            3rd      Delivering respiratory care services without a license. 
375  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license. 
376  483.901(9)         3rd      Practicing medical physics without a license. 
377  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription. 
378  484.053            3rd      Dispensing hearing aids without a license. 
379  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. 
380  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. 
381  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 
382  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 
383  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations. 
384  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate. 
385  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 
386  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 
387  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 
388  782.071            2nd      Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). 
389  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 
390  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement. 
391  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
392  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant. 
393  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order. 
394  784.048(7)         3rd      Aggravated stalking; violation of court order. 
395  784.07(2)(d)       1st      Aggravated battery on law enforcement officer, firefighter, intake officer, etc. 
396  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff. 
397  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older. 
398  784.081(1)         1st      Aggravated battery on specified official or employee. 
399  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee. 
400  784.083(1)         1st      Aggravated battery on code inspector. 
401  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 
402  790.16(1)          1st      Discharge of a machine gun under specified circumstances. 
403  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb. 
404  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 
405  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 
406  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 
407  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 
408  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. 
409  796.03             2nd      Procuring any person under 16 years for prostitution. 
410  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. 
411  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. 
412  806.01(2)          2nd      Maliciously damage structure by fire or explosive. 
413  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery. 
414  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery. 
415  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery. 
416  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle. 
417  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. 
418  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 
419  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft. 
420  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle. 
421  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more. 
422  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 
423  812.131(2)(a)      2nd      Robbery by sudden snatching. 
424  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon. 
425  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud. 
426  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision. 
427  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more. 
428  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. 
429  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 
430  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. 
431  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement. 
432  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older. 
433  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer. 
434  838.015            2nd      Bribery. 
435  838.016            2nd      Unlawful compensation or reward for official behavior. 
436  838.021(3)(a)      2nd      Unlawful harm to a public servant. 
437  838.22             2nd      Bid tampering. 
438  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act. 
439  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act. 
440  872.06             2nd      Abuse of a dead human body. 
441  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 
442  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. 
443  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. 
444  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). 
445  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 
446  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams. 
447  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 
448  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 
449  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 
450  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams. 
451  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 
452  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 
453  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 
454  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 
455  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance. 
456  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000. 
457  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 
458  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements. 
459  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 
460  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements. 
461  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 
462  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification. 
463  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements. 
464  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph. 
465  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 
466  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification. 
467  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph. 
468  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 
469  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification. 
470         Section 6. Paragraph (b) of subsection (3) of section 
471  943.051, Florida Statutes, is amended to read: 
472         943.051 Criminal justice information; collection and 
473  storage; fingerprinting.— 
474         (3) 
475         (b) A minor who is charged with or found to have committed 
476  the following offenses shall be fingerprinted and the 
477  fingerprints shall be submitted to the department: 
478         1. Assault, as defined in s. 784.011. 
479         2. Battery, as defined in s. 784.03. 
480         3. Carrying a concealed weapon, as defined in s. 790.01(1). 
481         4. Unlawful use of destructive devices or bombs, as defined 
482  in s. 790.1615(1). 
483         5. Negligent treatment of children, as defined in s. 
484  827.05. 
485         6. Assault or battery on a law enforcement officer, a 
486  firefighter, or other specified person officers, as defined in 
487  s. 784.07(2)(a) and (b). 
488         7. Open carrying of a weapon, as defined in s. 790.053. 
489         8. Exposure of sexual organs, as defined in s. 800.03. 
490         9. Unlawful possession of a firearm, as defined in s. 
491  790.22(5). 
492         10. Petit theft, as defined in s. 812.014(3). 
493         11. Cruelty to animals, as defined in s. 828.12(1). 
494         12. Arson, as defined in s. 806.031(1). 
495         13. Unlawful possession or discharge of a weapon or firearm 
496  at a school-sponsored event or on school property as defined in 
497  s. 790.115. 
498         Section 7. Paragraph (b) of subsection (1) of section 
499  985.11, Florida Statutes, is amended to read: 
500         985.11 Fingerprinting and photographing.— 
501         (1) 
502         (b) A child who is charged with or found to have committed 
503  one of the following offenses shall be fingerprinted, and the 
504  fingerprints shall be submitted to the Department of Law 
505  Enforcement as provided in s. 943.051(3)(b): 
506         1. Assault, as defined in s. 784.011. 
507         2. Battery, as defined in s. 784.03. 
508         3. Carrying a concealed weapon, as defined in s. 790.01(1). 
509         4. Unlawful use of destructive devices or bombs, as defined 
510  in s. 790.1615(1). 
511         5. Negligent treatment of children, as defined in former s. 
512  827.05. 
513         6. Assault on a law enforcement officer, a firefighter, or 
514  other specified person officers, as defined in s. 784.07(2)(a). 
515         7. Open carrying of a weapon, as defined in s. 790.053. 
516         8. Exposure of sexual organs, as defined in s. 800.03. 
517         9. Unlawful possession of a firearm, as defined in s. 
518  790.22(5). 
519         10. Petit theft, as defined in s. 812.014. 
520         11. Cruelty to animals, as defined in s. 828.12(1). 
521         12. Arson, resulting in bodily harm to a firefighter, as 
522  defined in s. 806.031(1). 
523         13. Unlawful possession or discharge of a weapon or firearm 
524  at a school-sponsored event or on school property as defined in 
525  s. 790.115. 
526 
527  A law enforcement agency may fingerprint and photograph a child 
528  taken into custody upon probable cause that the such child has 
529  committed any other violation of law, as the agency deems 
530  appropriate. Such fingerprint records and photographs shall be 
531  retained by the law enforcement agency in a separate file, and 
532  these records and all copies thereof must be marked “Juvenile 
533  Confidential.” These records are not available for public 
534  disclosure and inspection under s. 119.07(1) except as provided 
535  in ss. 943.053 and 985.04(2), but shall be available to other 
536  law enforcement agencies, criminal justice agencies, state 
537  attorneys, the courts, the child, the parents or legal 
538  custodians of the child, their attorneys, and any other person 
539  authorized by the court to have access to such records. In 
540  addition, such records may be submitted to the Department of Law 
541  Enforcement for inclusion in the state criminal history records 
542  and used by criminal justice agencies for criminal justice 
543  purposes. These records may, in the discretion of the court, be 
544  open to inspection by anyone upon a showing of cause. The 
545  fingerprint and photograph records shall be produced in the 
546  court whenever directed by the court. Any photograph taken 
547  pursuant to this section may be shown by a law enforcement 
548  officer to any victim or witness of a crime for the purpose of 
549  identifying the person who committed such crime. 
550         Section 8. This act shall take effect July 1, 2010.