Florida Senate - 2013 SB 344
By Senator Soto
14-00270-13 2013344__
1 A bill to be entitled
2 An act relating to assault or battery on a utility
3 worker; amending s. 784.07, F.S.; defining the term
4 “utility worker”; providing for reclassification of
5 certain offenses committed against a utility worker;
6 amending ss. 901.15, 943.051, 985.11, and 985.644,
7 F.S.; conforming provisions to changes made by the
8 act; reenacting and amending s. 921.0022(3)(d), (f),
9 and (g), F.S., relating to the offense severity
10 ranking chart of the Criminal Punishment Code, to
11 incorporate the amendment made to s. 784.07, F.S., in
12 references thereto; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 784.07, Florida Statutes, is amended to
17 read:
18 784.07 Assault or battery of law enforcement officers,
19 firefighters, emergency medical care providers, public transit
20 employees or agents, or other specified persons officers;
21 reclassification of offenses; minimum sentences.—
22 (1) As used in this section, the term:
23 (a) “Emergency medical care provider” means an ambulance
24 driver, emergency medical technician, paramedic, registered
25 nurse, physician as defined in s. 401.23, medical director as
26 defined in s. 401.23, or any person authorized by an emergency
27 medical service licensed under chapter 401 who is engaged in the
28 performance of his or her duties. The term “emergency medical
29 care provider” also includes physicians, employees, agents, or
30 volunteers of hospitals as defined in chapter 395, who are
31 employed, under contract, or otherwise authorized by a hospital
32 to perform duties directly associated with the care and
33 treatment rendered by the hospital’s emergency department or the
34 security thereof.
35 (b) “Firefighter” means any person employed by any public
36 employer of this state whose duty it is to extinguish fires; to
37 protect life or property; or to enforce municipal, county, and
38 state fire prevention codes, as well as any law pertaining to
39 the prevention and control of fires.
40 (c) “Law enforcement explorer” means any person who is a
41 current member of a law enforcement agency’s explorer program
42 and who is performing functions other than those required to be
43 performed by sworn law enforcement officers on behalf of a law
44 enforcement agency while under the direct physical supervision
45 of a sworn officer of that agency and wearing a uniform that
46 bears at least one patch that clearly identifies the law
47 enforcement agency that he or she represents.
48 (d) “Law enforcement officer” includes a law enforcement
49 officer, a correctional officer, a correctional probation
50 officer, a part-time law enforcement officer, a part-time
51 correctional officer, an auxiliary law enforcement officer, and
52 an auxiliary correctional officer, as those terms are
53 respectively defined in s. 943.10, and any county probation
54 officer; an employee or agent of the Department of Corrections
55 who supervises or provides services to inmates; an officer of
56 the Parole Commission; a federal law enforcement officer as
57 defined in s. 901.1505; and law enforcement personnel of the
58 Fish and Wildlife Conservation Commission or the Department of
59 Law Enforcement.
60 (e) “Public transit employees or agents” means bus
61 operators, train operators, revenue collectors, security
62 personnel, equipment maintenance personnel, or field
63 supervisors, who are employees or agents of a transit agency as
64 described in s. 812.015(1)(l).
65 (f) “Utility worker” means a person who bears at least one
66 patch or emblem that is visible at all times and that clearly
67 identifies the employing or contracting utility and that clearly
68 identifies the person as a utility worker under contract with or
69 employed by an entity that owns, operates, leases, or controls a
70 plant, property, or facility for the generation, transmission,
71 or furnishing to or for the public of electricity, natural or
72 manufactured gas, water, telephone, or communications service,
73 including two or more utilities rendering joint service.
74 (2) Whenever any person is charged with knowingly
75 committing an assault or battery upon a law enforcement officer,
76 a firefighter, an emergency medical care provider, a traffic
77 accident investigation officer as described in s. 316.640, a
78 nonsworn law enforcement agency employee who is certified as an
79 agency inspector, a blood alcohol analyst, or a breath test
80 operator while such employee is in uniform and engaged in
81 processing, testing, evaluating, analyzing, or transporting a
82 person who is detained or under arrest for DUI, a law
83 enforcement explorer, a traffic infraction enforcement officer
84 as described in s. 316.640, a parking enforcement specialist as
85 defined in s. 316.640, a person licensed as a security officer
86 as defined in s. 493.6101 and wearing a uniform that bears at
87 least one patch or emblem that is visible at all times that
88 clearly identifies the employing agency and that clearly
89 identifies the person as a licensed security officer, or a
90 security officer employed by the board of trustees of a
91 community college, or utility worker, while the officer,
92 firefighter, emergency medical care provider, traffic accident
93 investigation officer, traffic infraction enforcement officer,
94 inspector, analyst, operator, law enforcement explorer, parking
95 enforcement specialist, public transit employee or agent, or
96 security officer, or utility worker is engaged in the lawful
97 performance of his or her duties, the offense for which the
98 person is charged shall be reclassified as follows:
99 (a) In the case of assault, from a misdemeanor of the
100 second degree to a misdemeanor of the first degree.
101 (b) In the case of battery, from a misdemeanor of the first
102 degree to a felony of the third degree.
103 (c) In the case of aggravated assault, from a felony of the
104 third degree to a felony of the second degree. Notwithstanding
105 any other provision of law, any person convicted of aggravated
106 assault upon a law enforcement officer shall be sentenced to a
107 minimum term of imprisonment of 3 years.
108 (d) In the case of aggravated battery, from a felony of the
109 second degree to a felony of the first degree. Notwithstanding
110 any other provision of law, any person convicted of aggravated
111 battery of a law enforcement officer shall be sentenced to a
112 minimum term of imprisonment of 5 years.
113 (3) Any person who is convicted of a battery under
114 paragraph (2)(b) and, during the commission of the offense, such
115 person possessed:
116 (a) A “firearm” or “destructive device” as those terms are
117 defined in s. 790.001, shall be sentenced to a minimum term of
118 imprisonment of 3 years.
119 (b) A semiautomatic firearm and its high-capacity
120 detachable box magazine, as defined in s. 775.087(3), or a
121 machine gun as defined in s. 790.001, shall be sentenced to a
122 minimum term of imprisonment of 8 years.
123
124 Notwithstanding s. 948.01, adjudication of guilt or imposition
125 of sentence shall not be suspended, deferred, or withheld, and
126 the defendant is not eligible for statutory gain-time under s.
127 944.275 or any form of discretionary early release, other than
128 pardon or executive clemency, or conditional medical release
129 under s. 947.149, prior to serving the minimum sentence.
130 Section 2. Subsection (15) of section 901.15, Florida
131 Statutes, is amended to read:
132 901.15 When arrest by officer without warrant is lawful.—A
133 law enforcement officer may arrest a person without a warrant
134 when:
135 (15) There is probable cause to believe that the person has
136 committed assault upon a law enforcement officer, a firefighter,
137 an emergency medical care provider, public transit employees or
138 agents, or other specified persons officers as set forth in s.
139 784.07 or has committed assault or battery upon any employee of
140 a receiving facility as defined in s. 394.455 who is engaged in
141 the lawful performance of his or her duties.
142 Section 3. Paragraph (b) of subsection (3) of section
143 943.051, Florida Statutes, is amended to read:
144 943.051 Criminal justice information; collection and
145 storage; fingerprinting.—
146 (3)
147 (b) A minor who is charged with or found to have committed
148 the following offenses shall be fingerprinted and the
149 fingerprints shall be submitted to the department:
150 1. Assault, as defined in s. 784.011.
151 2. Battery, as defined in s. 784.03.
152 3. Carrying a concealed weapon, as defined in s. 790.01(1).
153 4. Unlawful use of destructive devices or bombs, as defined
154 in s. 790.1615(1).
155 5. Negligent treatment of children, as defined in former s.
156 827.05.
157 6. Assault or battery on a law enforcement officer, a
158 firefighter, or other specified persons officers, as defined in
159 s. 784.07(2)(a) and (b).
160 7. Open carrying of a weapon, as defined in s. 790.053.
161 8. Exposure of sexual organs, as defined in s. 800.03.
162 9. Unlawful possession of a firearm, as defined in s.
163 790.22(5).
164 10. Petit theft, as defined in s. 812.014(3).
165 11. Cruelty to animals, as defined in s. 828.12(1).
166 12. Arson, as defined in s. 806.031(1).
167 13. Unlawful possession or discharge of a weapon or firearm
168 at a school-sponsored event or on school property as defined in
169 s. 790.115.
170 Section 4. Paragraph (b) of subsection (1) of section
171 985.11, Florida Statutes, is amended to read:
172 985.11 Fingerprinting and photographing.—
173 (1)
174 (b) A child who is charged with or found to have committed
175 one of the following offenses shall be fingerprinted, and the
176 fingerprints shall be submitted to the Department of Law
177 Enforcement as provided in s. 943.051(3)(b):
178 1. Assault, as defined in s. 784.011.
179 2. Battery, as defined in s. 784.03.
180 3. Carrying a concealed weapon, as defined in s. 790.01(1).
181 4. Unlawful use of destructive devices or bombs, as defined
182 in s. 790.1615(1).
183 5. Negligent treatment of children, as defined in former s.
184 827.05.
185 6. Assault on a law enforcement officer, a firefighter, or
186 other specified persons officers, as defined in s. 784.07(2)(a).
187 7. Open carrying of a weapon, as defined in s. 790.053.
188 8. Exposure of sexual organs, as defined in s. 800.03.
189 9. Unlawful possession of a firearm, as defined in s.
190 790.22(5).
191 10. Petit theft, as defined in s. 812.014.
192 11. Cruelty to animals, as defined in s. 828.12(1).
193 12. Arson, resulting in bodily harm to a firefighter, as
194 defined in s. 806.031(1).
195 13. Unlawful possession or discharge of a weapon or firearm
196 at a school-sponsored event or on school property as defined in
197 s. 790.115.
198
199 A law enforcement agency may fingerprint and photograph a child
200 taken into custody upon probable cause that such child has
201 committed any other violation of law, as the agency deems
202 appropriate. Such fingerprint records and photographs shall be
203 retained by the law enforcement agency in a separate file, and
204 these records and all copies thereof must be marked “Juvenile
205 Confidential.” These records are not available for public
206 disclosure and inspection under s. 119.07(1) except as provided
207 in ss. 943.053 and 985.04(2), but shall be available to other
208 law enforcement agencies, criminal justice agencies, state
209 attorneys, the courts, the child, the parents or legal
210 custodians of the child, their attorneys, and any other person
211 authorized by the court to have access to such records. In
212 addition, such records may be submitted to the Department of Law
213 Enforcement for inclusion in the state criminal history records
214 and used by criminal justice agencies for criminal justice
215 purposes. These records may, in the discretion of the court, be
216 open to inspection by anyone upon a showing of cause. The
217 fingerprint and photograph records shall be produced in the
218 court whenever directed by the court. Any photograph taken
219 pursuant to this section may be shown by a law enforcement
220 officer to any victim or witness of a crime for the purpose of
221 identifying the person who committed such crime.
222 Section 5. Paragraph (a) of subsection (3) of section
223 985.644, Florida Statutes, is amended to read:
224 985.644 Departmental contracting powers; personnel
225 standards and screening.—
226 (3)(a) All employees of the department and all personnel of
227 contract providers for any program for children, including all
228 owners, operators, employees, persons who have access to
229 confidential juvenile records, and volunteers, must complete:
230 1. A level 2 employment screening pursuant to chapter 435
231 before employment. The security background investigation
232 conducted under this section must ensure that, in addition to
233 the disqualifying offenses listed in s. 435.04, no person
234 subject to the background screening provisions of this section
235 has an arrest awaiting final disposition for, been found guilty
236 of, regardless of adjudication, or entered a plea of nolo
237 contendere or guilty to, or been adjudicated delinquent and the
238 record has not been sealed or expunged for, any offense
239 prohibited under the following provisions of state law or
240 similar laws of another jurisdiction:
241 a. Section 784.07, relating to assault or battery of law
242 enforcement officers, firefighters, emergency medical care
243 providers, public transit employees or agents, or other
244 specified persons officers.
245 b. Section 817.568, relating to criminal use of personal
246 identification information.
247 2. A national criminal records check by the Federal Bureau
248 of Investigation every 5 years following the date of the
249 person’s employment.
250 Section 6. Paragraphs (d), (f), and (g) of subsection (3)
251 of section 921.0022, Florida Statutes, are amended to read:
252 921.0022 Criminal Punishment Code; offense severity ranking
253 chart.—
254 (3) OFFENSE SEVERITY RANKING CHART
255 (d) LEVEL 4
256 FloridaStatute FelonyDegree Description
257 316.1935(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.
258 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
259 499.0051(2) 3rd Failure to authenticate pedigree papers.
260 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
261 517.07(1) 3rd Failure to register securities.
262 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
263 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
264 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
265 784.075 3rd Battery on detention or commitment facility staff.
266 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
267 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
268 784.081(3) 3rd Battery on specified official or employee.
269 784.082(3) 3rd Battery by detained person on visitor or other detainee.
270 784.083(3) 3rd Battery on code inspector.
271 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
272 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
273 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
274 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
275 787.07 3rd Human smuggling.
276 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
277 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
278 790.115(2)(c) 3rd Possessing firearm on school property.
279 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
280 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
281 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
282 810.06 3rd Burglary; possession of tools.
283 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
284 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
285 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
286 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
287 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
288 817.568(2)(a) 3rd Fraudulent use of personal identification information.
289 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
290 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
291 837.02(1) 3rd Perjury in official proceedings.
292 837.021(1) 3rd Make contradictory statements in official proceedings.
293 838.022 3rd Official misconduct.
294 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
295 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
296 843.021 3rd Possession of a concealed handcuff key by a person in custody.
297 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
298 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
299 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
300 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
301 893.13(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).
302 914.14(2) 3rd Witnesses accepting bribes.
303 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
304 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
305 918.12 3rd Tampering with jurors.
306 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
307 (f) LEVEL 6
308 FloridaStatute FelonyDegree Description
309 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
310 499.0051(3) 2nd Knowing forgery of pedigree papers.
311 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
312 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
313 775.0875(1) 3rd Taking firearm from law enforcement officer.
314 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
315 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
316 784.041 3rd Felony battery; domestic battery by strangulation.
317 784.048(3) 3rd Aggravated stalking; credible threat.
318 784.048(5) 3rd Aggravated stalking of person under 16.
319 784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, etc.
320 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
321 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
322 784.081(2) 2nd Aggravated assault on specified official or employee.
323 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
324 784.083(2) 2nd Aggravated assault on code inspector.
325 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
326 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
327 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
328 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
329 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
330 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
331 794.05(1) 2nd Unlawful sexual activity with specified minor.
332 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
333 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
334 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
335 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
336 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
337 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
338 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
339 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
340 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
341 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
342 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
343 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
344 825.102(1) 3rd Abuse of an elderly person or disabled adult.
345 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
346 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
347 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
348 827.03(2)(c) 3rd Abuse of a child.
349 827.03(2)(d) 3rd Neglect of a child.
350 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
351 836.05 2nd Threats; extortion.
352 836.10 2nd Written threats to kill or do bodily injury.
353 843.12 3rd Aids or assists person to escape.
354 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
355 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
356 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
357 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
358 944.35(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.
359 944.40 2nd Escapes.
360 944.46 3rd Harboring, concealing, aiding escaped prisoners.
361 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
362 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
363 (g) LEVEL 7
364 FloridaStatute FelonyDegree Description
365 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
366 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
367 316.1935(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.
368 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
369 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
370 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
371 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
372 456.065(2) 3rd Practicing a health care profession without a license.
373 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
374 458.327(1) 3rd Practicing medicine without a license.
375 459.013(1) 3rd Practicing osteopathic medicine without a license.
376 460.411(1) 3rd Practicing chiropractic medicine without a license.
377 461.012(1) 3rd Practicing podiatric medicine without a license.
378 462.17 3rd Practicing naturopathy without a license.
379 463.015(1) 3rd Practicing optometry without a license.
380 464.016(1) 3rd Practicing nursing without a license.
381 465.015(2) 3rd Practicing pharmacy without a license.
382 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
383 467.201 3rd Practicing midwifery without a license.
384 468.366 3rd Delivering respiratory care services without a license.
385 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
386 483.901(9) 3rd Practicing medical physics without a license.
387 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
388 484.053 3rd Dispensing hearing aids without a license.
389 494.0018(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.
390 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
391 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
392 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
393 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
394 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
395 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
396 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
397 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
398 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
399 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
400 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
401 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
402 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
403 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
404 784.048(7) 3rd Aggravated stalking; violation of court order.
405 784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, etc.
406 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
407 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
408 784.081(1) 1st Aggravated battery on specified official or employee.
409 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
410 784.083(1) 1st Aggravated battery on code inspector.
411 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
412 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
413 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
414 790.16(1) 1st Discharge of a machine gun under specified circumstances.
415 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
416 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
417 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
418 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
419 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
420 794.08(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.
421 796.03 2nd Procuring any person under 16 years for prostitution.
422 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
423 800.04(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.
424 806.01(2) 2nd Maliciously damage structure by fire or explosive.
425 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
426 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
427 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
428 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
429 812.014(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.
430 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
431 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
432 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
433 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
434 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
435 812.131(2)(a) 2nd Robbery by sudden snatching.
436 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
437 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
438 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
439 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
440 817.2341 (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.
441 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
442 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
443 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
444 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
445 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
446 838.015 2nd Bribery.
447 838.016 2nd Unlawful compensation or reward for official behavior.
448 838.021(3)(a) 2nd Unlawful harm to a public servant.
449 838.22 2nd Bid tampering.
450 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
451 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
452 872.06 2nd Abuse of a dead human body.
453 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
454 893.13(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.
455 893.13(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.
456 893.13(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).
457 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
458 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
459 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
460 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
461 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
462 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
463 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
464 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
465 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
466 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
467 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
468 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
469 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
470 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
471 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
472 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
473 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
474 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
475 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
476 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
477 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
478 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
479 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
480 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
481 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
482
483 Section 7. This act shall take effect October 1, 2013.