Bill Text: FL S0526 | 2014 | Regular Session | Enrolled
Bill Title: Sexual Offenses
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2014-04-02 - Chapter No. 2014-4 [S0526 Detail]
Download: Florida-2014-S0526-Enrolled.html
ENROLLED
2014 Legislature CS for CS for CS for SB 526, 1st Engrossed
2014526er
1
2 An act relating to sexual offenses; amending s. 92.55,
3 F.S.; authorizing orders limiting testimony in open
4 court and in depositions if the victim or witness was
5 a child under 16 years of age when a specified sexual
6 offense occurred; authorizing the court to set other
7 conditions appropriate to taking the testimony of this
8 victim or witness; amending s. 775.15, F.S.;
9 eliminating time limitations to the prosecution of
10 specified criminal offenses relating to lewd or
11 lascivious battery or molestation if the victim was
12 younger than 16 years of age at the time of the
13 offense; specifying an exception; providing
14 applicability; amending s. 794.011, F.S.; revising and
15 creating offenses involving sexual battery; increasing
16 felony degree of certain sexual battery offenses;
17 amending s. 794.0115, F.S.; imposing a 50-year minimum
18 mandatory sentence for dangerous sexual felony
19 offenders; amending s. 794.05, F.S.; revising
20 definition of the term “sexual activity;” amending s.
21 800.04, F.S.; revising and creating offenses involving
22 lewd or lascivious battery and molestation; increasing
23 felony degree of certain lewd or lascivious battery
24 and molestation offenses; amending s. 810.14, F.S.;
25 providing that voyeurism includes secretly observing
26 another person’s intimate areas in which the person
27 has a reasonable expectation of privacy, when the
28 other person is located in a public or private
29 dwelling, structure, or conveyance; defining the term
30 “intimate area”; amending s. 921.0022, F.S.; assigning
31 offense severity rankings for new lewd or lascivious
32 battery and molestation offenses and sexual battery
33 offenses; amending s. 921.0024, F.S.; providing that
34 sentence points are multiplied for specified sex
35 offenses committed by an adult upon a minor under
36 certain circumstances; amending ss. 943.0435 and
37 944.607, F.S.; conforming provisions to changes made
38 by the act; amending s. 944.275, F.S.; prohibiting
39 award of gain-time for certain offenses; amending s.
40 947.1405, F.S.; providing for tolling of conditional
41 release supervision; providing applicability; amending
42 ss. 947.1405 and 948.30, F.S.; prohibiting certain
43 conditional releasees, probationers, or community
44 controllees from viewing, accessing, owning, or
45 possessing any obscene, pornographic, or sexually
46 stimulating material; providing exceptions; amending
47 s. 948.012, F.S.; requiring split sentence for certain
48 sexual offenses; providing for tolling of probation or
49 community control; amending s. 948.31, F.S.;
50 authorizing the court to require a sexual offender or
51 sexual predator who is on probation or community
52 control to undergo an evaluation to determine whether
53 the offender or predator needs sexual offender
54 treatment; requiring the probationer or community
55 controllee to pay for the treatment; removing a
56 provision prohibiting contact with minors if sexual
57 offender treatment is recommended; providing
58 applicability; providing severability; providing an
59 effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Section 92.55, Florida Statutes, is amended to
64 read:
65 92.55 Judicial or other proceedings involving victim or
66 witness under the age of 16, a or person who has an intellectual
67 disability, or a sexual offense victim or witness; special
68 protections; use of registered service or therapy animals.—
69 (1) For purposes of this section, the term:
70 (a) “Sexual offense victim or witness” means a person who
71 was under the age of 16 when he or she was the victim of or a
72 witness to a sexual offense.
73 (b) “Sexual offense” means any offense specified in s.
74 775.21(4)(a)1. or s. 943.0435(1)(a)1.a.(I).
75 (2)(1) Upon motion of any party, upon motion of a parent,
76 guardian, attorney, or guardian ad litem for a victim or witness
77 under the age of 16, a or person who has an intellectual
78 disability, or a sexual offense victim or witness, or upon its
79 own motion, the court may enter any order necessary to protect
80 the such victim or witness in any judicial proceeding or other
81 official proceeding from severe emotional or mental harm due to
82 the presence of the defendant if the victim or witness is
83 required to testify in open court. Such orders must relate to
84 the taking of testimony and include, but are not limited to:
85 (a) Interviewing or the taking of depositions as part of a
86 civil or criminal proceeding.
87 (b) Examination and cross-examination for the purpose of
88 qualifying as a witness or testifying in any proceeding.
89 (c) The use of testimony taken outside of the courtroom,
90 including proceedings under ss. 92.53 and 92.54.
91 (3)(2) In ruling upon the motion, the court shall consider:
92 (a) The age of the child, the nature of the offense or act,
93 the relationship of the child to the parties in the case or to
94 the defendant in a criminal action, the degree of emotional
95 trauma that will result to the child as a consequence of the
96 defendant’s presence, and any other fact that the court deems
97 relevant; or
98 (b) The age of the person who has an intellectual
99 disability, the functional capacity of such person, the nature
100 of the offenses or act, the relationship of the person to the
101 parties in the case or to the defendant in a criminal action,
102 the degree of emotional trauma that will result to the person as
103 a consequence of the defendant’s presence, and any other fact
104 that the court deems relevant; or
105 (c) The age of the sexual offense victim or witness when
106 the sexual offense occurred, the relationship of the sexual
107 offense victim or witness to the parties in the case or to the
108 defendant in a criminal action, the degree of emotional trauma
109 that will result to the sexual offense victim or witness as a
110 consequence of the defendant’s presence, and any other fact that
111 the court deems relevant.
112 (4)(3) In addition to such other relief provided by law,
113 the court may enter orders limiting the number of times that a
114 child, or a person who has an intellectual disability, or a
115 sexual offense victim or witness may be interviewed, prohibiting
116 depositions of the victim or witness such child or person,
117 requiring the submission of questions before the examination of
118 the victim or witness child or person, setting the place and
119 conditions for interviewing the victim or witness child or
120 person or for conducting any other proceeding, or permitting or
121 prohibiting the attendance of any person at any proceeding. The
122 court shall enter any order necessary to protect the rights of
123 all parties, including the defendant in any criminal action.
124 (5)(4) The court may set any other conditions it finds just
125 and appropriate when taking the testimony of a child victim or
126 witness or a sexual offense victim or witness, including the use
127 of a service or therapy animal that has been evaluated and
128 registered according to national standards, in any proceeding
129 involving a sexual offense. When deciding whether to permit a
130 child victim or witness or sexual offense victim or witness to
131 testify with the assistance of a registered service or therapy
132 animal, the court shall consider the age of the child victim or
133 witness, the age of the sexual offense victim or witness at the
134 time the sexual offense occurred, the interests of the child
135 victim or witness or sexual offense victim or witness, the
136 rights of the parties to the litigation, and any other relevant
137 factor that would facilitate the testimony by the child victim
138 or witness or sexual offense victim or witness.
139 Section 2. Subsection (18) is added to section 775.15,
140 Florida Statutes, to read:
141 775.15 Time limitations; general time limitations;
142 exceptions.—
143 (18) If the offense is a violation of s. 800.04(4) or (5)
144 and the victim was under 16 years of age at the time the offense
145 was committed, a prosecution of the offense may be commenced at
146 any time, unless, at the time of the offense, the offender is
147 less than 18 years of age and is no more than 4 years older than
148 the victim. This subsection applies to an offense that is not
149 otherwise barred from prosecution on or before October 1, 2014.
150 Section 3. Subsections (4), (5), and (6), paragraph (b) of
151 subsection (8), and subsections (9) and (10) of section 794.011,
152 Florida Statutes, are amended to read:
153 794.011 Sexual battery.—
154 (4)(a) A person 18 years of age or older who commits sexual
155 battery upon a person 12 years of age or older but younger than
156 18 years of age without that person’s consent, under any of the
157 following circumstances listed in paragraph (e), commits a
158 felony of the first degree, punishable by a term of years not
159 exceeding life or as provided in s. 775.082, s. 775.083, s.
160 775.084, or s. 794.0115.:
161 (b) A person 18 years of age or older who commits sexual
162 battery upon a person 18 years of age or older without that
163 person’s consent, under any of the circumstances listed in
164 paragraph (e), commits a felony of the first degree, punishable
165 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
166 794.0115.
167 (c) A person younger than 18 years of age who commits
168 sexual battery upon a person 12 years of age or older without
169 that person’s consent, under any of the circumstances listed in
170 paragraph (e), commits a felony of the first degree, punishable
171 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
172 794.0115.
173 (d) A person commits a felony of the first degree,
174 punishable by a term of years not exceeding life or as provided
175 in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
176 person commits sexual battery upon a person 12 years of age or
177 older without that person’s consent, under any of the
178 circumstances listed in paragraph (e), and such person was
179 previously convicted of a violation of:
180 1. Section 787.01(2) or s. 787.02(2) when the violation
181 involved a victim who was a minor and, in the course of
182 committing that violation, the defendant committed against the
183 minor a sexual battery under this chapter or a lewd act under s.
184 800.04 or s. 847.0135(5);
185 2. Section 787.01(3)(a)2. or 3.;
186 3. Section 787.02(3)(a)2. or 3.;
187 4. Section 800.04;
188 5. Section 825.1025;
189 6. Section 847.0135(5); or
190 7. This chapter, excluding subsection (10) of this section.
191 (e) The following circumstances apply to paragraphs (a)
192 (d):
193 1.(a) When The victim is physically helpless to resist.
194 2.(b) When The offender coerces the victim to submit by
195 threatening to use force or violence likely to cause serious
196 personal injury on the victim, and the victim reasonably
197 believes that the offender has the present ability to execute
198 the threat.
199 3.(c) When The offender coerces the victim to submit by
200 threatening to retaliate against the victim, or any other
201 person, and the victim reasonably believes that the offender has
202 the ability to execute the threat in the future.
203 4.(d) When The offender, without the prior knowledge or
204 consent of the victim, administers or has knowledge of someone
205 else administering to the victim any narcotic, anesthetic, or
206 other intoxicating substance that which mentally or physically
207 incapacitates the victim.
208 5.(e) When The victim is mentally defective, and the
209 offender has reason to believe this or has actual knowledge of
210 this fact.
211 6.(f) When The victim is physically incapacitated.
212 7.(g) When The offender is a law enforcement officer,
213 correctional officer, or correctional probation officer as
214 defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
215 is certified under the provisions of s. 943.1395 or is an
216 elected official exempt from such certification by virtue of s.
217 943.253, or any other person in a position of control or
218 authority in a probation, community control, controlled release,
219 detention, custodial, or similar setting, and such officer,
220 official, or person is acting in such a manner as to lead the
221 victim to reasonably believe that the offender is in a position
222 of control or authority as an agent or employee of government.
223 (5)(a) A person 18 years of age or older who commits sexual
224 battery upon a person 12 years of age or older but younger than
225 18 years of age, without that person’s consent, and in the
226 process thereof does not use physical force and violence likely
227 to cause serious personal injury commits a felony of the first
228 second degree, punishable as provided in s. 775.082, s. 775.083,
229 s. 775.084, or s. 794.0115.
230 (b) A person 18 years of age or older who commits sexual
231 battery upon a person 18 years of age or older, without that
232 person’s consent, and in the process does not use physical force
233 and violence likely to cause serious personal injury commits a
234 felony of the second degree, punishable as provided in s.
235 775.082, s. 775.083, s. 775.084, or s. 794.0115.
236 (c) A person younger than 18 years of age who commits
237 sexual battery upon a person 12 years of age or older, without
238 that person’s consent, and in the process does not use physical
239 force and violence likely to cause serious personal injury
240 commits a felony of the second degree, punishable as provided in
241 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
242 (d) A person commits a felony of the first degree,
243 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
244 s. 794.0115 if the person commits sexual battery upon a person
245 12 years of age or older, without that person’s consent, and in
246 the process does not use physical force and violence likely to
247 cause serious personal injury and the person was previously
248 convicted of a violation of:
249 1. Section 787.01(2) or s. 787.02(2) when the violation
250 involved a victim who was a minor and, in the course of
251 committing that violation, the defendant committed against the
252 minor a sexual battery under this chapter or a lewd act under s.
253 800.04 or s. 847.0135(5);
254 2. Section 787.01(3)(a)2. or 3.;
255 3. Section 787.02(3)(a)2. or 3.;
256 4. Section 800.04;
257 5. Section 825.1025;
258 6. Section 847.0135(5); or
259 7. This chapter, excluding subsection (10) of this section.
260 (6)(a) The offenses offense described in paragraphs (5)(a)
261 (c) are subsection (5)is included in any sexual battery offense
262 charged under subsection (3) or subsection (4).
263 (b) The offense described in paragraph (5)(a) is included
264 in an offense charged under paragraph (4)(a).
265 (c) The offense described in paragraph (5)(b) is included
266 in an offense charged under paragraph (4)(b).
267 (d) The offense described in paragraph (5)(c) is included
268 in an offense charged under paragraph (4)(c).
269 (e) The offense described in paragraph (5)(d) is included
270 in an offense charged under paragraph (4)(d).
271 (8) Without regard to the willingness or consent of the
272 victim, which is not a defense to prosecution under this
273 subsection, a person who is in a position of familial or
274 custodial authority to a person less than 18 years of age and
275 who:
276 (b) Engages in any act with that person while the person is
277 12 years of age or older but younger less than 18 years of age
278 which constitutes sexual battery under paragraph (1)(h) commits
279 a felony of the first degree, punishable by a term of years not
280 exceeding life or as provided in s. 775.082, s. 775.083, or s.
281 775.084.
282 (9) For prosecution under paragraph (4)(a), paragraph
283 (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
284 offense committed under any of the circumstances listed in
285 subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
286 reasonably believed by the victim to be in a position of
287 authority or control does not constitute consent, and it is not
288 a defense that the perpetrator was not actually in a position of
289 control or authority if the circumstances were such as to lead
290 the victim to reasonably believe that the person was in such a
291 position.
292 (10) A Any person who falsely accuses a any person listed
293 in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
294 position of control or authority as an agent or employee of
295 government of violating paragraph (4)(a), paragraph (4)(b),
296 paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
297 of a felony of the third degree, punishable as provided in s.
298 775.082, s. 775.083, or s. 775.084.
299 Section 4. Subsection (2) of section 794.0115, Florida
300 Statutes, is amended to read:
301 794.0115 Dangerous sexual felony offender; mandatory
302 sentencing.—
303 (2) Any person who is convicted of a violation of s.
304 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
305 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or
306 (4); or s. 847.0145; or of any similar offense under a former
307 designation, which offense the person committed when he or she
308 was 18 years of age or older, and the person:
309 (a) Caused serious personal injury to the victim as a
310 result of the commission of the offense;
311 (b) Used or threatened to use a deadly weapon during the
312 commission of the offense;
313 (c) Victimized more than one person during the course of
314 the criminal episode applicable to the offense;
315 (d) Committed the offense while under the jurisdiction of a
316 court for a felony offense under the laws of this state, for an
317 offense that is a felony in another jurisdiction, or for an
318 offense that would be a felony if that offense were committed in
319 this state; or
320 (e) Has previously been convicted of a violation of s.
321 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
322 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or
323 (4); s. 847.0145; of any offense under a former statutory
324 designation which is similar in elements to an offense described
325 in this paragraph; or of any offense that is a felony in another
326 jurisdiction, or would be a felony if that offense were
327 committed in this state, and which is similar in elements to an
328 offense described in this paragraph,
329
330 is a dangerous sexual felony offender, who must be sentenced to
331 a mandatory minimum term of 25 years imprisonment up to, and
332 including, life imprisonment. If the offense described in this
333 subsection was committed on or after October 1, 2014, a person
334 who qualifies as a dangerous sexual felony offender pursuant to
335 this subsection must be sentenced to a mandatory minimum term of
336 50 years imprisonment up to, and including, life imprisonment.
337 Section 5. Subsection (1) of section 794.05, Florida
338 Statutes, is amended to read:
339 794.05 Unlawful sexual activity with certain minors.—
340 (1) A person 24 years of age or older who engages in sexual
341 activity with a person 16 or 17 years of age commits a felony of
342 the second degree, punishable as provided in s. 775.082, s.
343 775.083, or s. 775.084. As used in this section, “sexual
344 activity” means oral, anal, or vaginal penetration by, or union
345 with, the sexual organ of another or the anal or vaginal
346 penetration of another by any other object; however, sexual
347 activity does not include an act done for a bona fide medical
348 purpose.
349 Section 6. Subsections (4) and (5) of section 800.04,
350 Florida Statutes, are amended to read:
351 800.04 Lewd or lascivious offenses committed upon or in the
352 presence of persons less than 16 years of age.—
353 (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
354 (a) A person commits lewd or lascivious battery by:
355 1. Engaging in sexual activity with a person 12 years of
356 age or older but less than 16 years of age; or
357 2. Encouraging, forcing, or enticing any person less than
358 16 years of age to engage in sadomasochistic abuse, sexual
359 bestiality, prostitution, or any other act involving sexual
360 activity.
361 (b) Except as provided in paragraph (c), an offender who
362 commits lewd or lascivious battery commits a felony of the
363 second degree, punishable as provided in s. 775.082, s. 775.083,
364 or s. 775.084.
365 (c) A person commits a felony of the first degree,
366 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
367 if the person is an offender 18 years of age or older who
368 commits lewd or lascivious battery and was previously convicted
369 of a violation of:
370 1. Section 787.01(2) or s. 787.02(2) when the violation
371 involved a victim who was a minor and, in the course of
372 committing that violation, the defendant committed against the
373 minor a sexual battery under chapter 794 or a lewd act under
374 this section or s. 847.0135(5);
375 2. Section 787.01(3)(a)2. or 3.;
376 3. Section 787.02(3)(a)2. or 3.;
377 4. Chapter 794, excluding s. 794.011(10);
378 5. Section 825.1025;
379 6. Section 847.0135(5); or
380 7. This section.
381 (a) Engages in sexual activity with a person 12 years of
382 age or older but less than 16 years of age; or
383 (b) Encourages, forces, or entices any person less than 16
384 years of age to engage in sadomasochistic abuse, sexual
385 bestiality, prostitution, or any other act involving sexual
386 activity
387
388 commits lewd or lascivious battery, a felony of the second
389 degree, punishable as provided in s. 775.082, s. 775.083, or s.
390 775.084.
391 (5) LEWD OR LASCIVIOUS MOLESTATION.—
392 (a) A person who intentionally touches in a lewd or
393 lascivious manner the breasts, genitals, genital area, or
394 buttocks, or the clothing covering them, of a person less than
395 16 years of age, or forces or entices a person under 16 years of
396 age to so touch the perpetrator, commits lewd or lascivious
397 molestation.
398 (b) An offender 18 years of age or older who commits lewd
399 or lascivious molestation against a victim less than 12 years of
400 age commits a life felony, punishable as provided in s.
401 775.082(3)(a)4.
402 (c)1. An offender less than 18 years of age who commits
403 lewd or lascivious molestation against a victim less than 12
404 years of age; or
405 2. An offender 18 years of age or older who commits lewd or
406 lascivious molestation against a victim 12 years of age or older
407 but less than 16 years of age
408
409 commits a felony of the second degree, punishable as provided in
410 s. 775.082, s. 775.083, or s. 775.084.
411 (d) An offender less than 18 years of age who commits lewd
412 or lascivious molestation against a victim 12 years of age or
413 older but less than 16 years of age commits a felony of the
414 third degree, punishable as provided in s. 775.082, s. 775.083,
415 or s. 775.084.
416 (e) A person commits a felony of the first degree,
417 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
418 if the person is 18 years of age or older and commits lewd or
419 lascivious molestation against a victim 12 years of age or older
420 but less than 16 years of age and the person was previously
421 convicted of a violation of:
422 1. Section 787.01(2) or s. 787.02(2) when the violation
423 involved a victim who was a minor and, in the course of
424 committing the violation, the defendant committed against the
425 minor a sexual battery under chapter 794 or a lewd act under
426 this section or s. 847.0135(5);
427 2. Section 787.01(3)(a)2. or 3.;
428 3. Section 787.02(3)(a)2. or 3.;
429 4. Chapter 794, excluding s. 794.011(10);
430 5. Section 825.1025;
431 6. Section 847.0135(5); or
432 7. This section.
433 Section 7. Subsection (1) of section 810.14, Florida
434 Statutes, is amended to read:
435 810.14 Voyeurism prohibited; penalties.—
436 (1) A person commits the offense of voyeurism when he or
437 she, with lewd, lascivious, or indecent intent:,
438 (a) Secretly observes another person when the other person
439 is located in a dwelling, structure, or conveyance and such
440 location provides a reasonable expectation of privacy.
441 (b) Secretly observes another person’s intimate areas in
442 which the person has a reasonable expectation of privacy, when
443 the other person is located in a public or private dwelling,
444 structure, or conveyance. As used in this paragraph, the term
445 “intimate area” means any portion of a person’s body or
446 undergarments that is covered by clothing and intended to be
447 protected from public view.
448 Section 8. Paragraphs (g) through (i) of subsection (3) of
449 section 921.0022, Florida Statutes, are amended to read:
450 921.0022 Criminal Punishment Code; offense severity ranking
451 chart.—
452 (3) OFFENSE SEVERITY RANKING CHART
453 (g) LEVEL 7
454
455 FloridaStatute FelonyDegree Description
456 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
457 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
458 316.1935(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.
459 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
460 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
461 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
462 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
463 456.065(2) 3rd Practicing a health care profession without a license.
464 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
465 458.327(1) 3rd Practicing medicine without a license.
466 459.013(1) 3rd Practicing osteopathic medicine without a license.
467 460.411(1) 3rd Practicing chiropractic medicine without a license.
468 461.012(1) 3rd Practicing podiatric medicine without a license.
469 462.17 3rd Practicing naturopathy without a license.
470 463.015(1) 3rd Practicing optometry without a license.
471 464.016(1) 3rd Practicing nursing without a license.
472 465.015(2) 3rd Practicing pharmacy without a license.
473 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
474 467.201 3rd Practicing midwifery without a license.
475 468.366 3rd Delivering respiratory care services without a license.
476 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
477 483.901(9) 3rd Practicing medical physics without a license.
478 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
479 484.053 3rd Dispensing hearing aids without a license.
480 494.0018(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.
481 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
482 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
483 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
484 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
485 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
486 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
487 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
488 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
489 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
490 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
491 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
492 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
493 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
494 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
495 784.048(7) 3rd Aggravated stalking; violation of court order.
496 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
497 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
498 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
499 784.081(1) 1st Aggravated battery on specified official or employee.
500 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
501 784.083(1) 1st Aggravated battery on code inspector.
502 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
503 787.06(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.
504 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
505 790.16(1) 1st Discharge of a machine gun under specified circumstances.
506 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
507 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
508 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
509 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
510 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
511 794.08(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.
512 796.03 2nd Procuring any person under 16 years for prostitution.
513 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger less than 12 years of age; offender younger less than 18 years.
514 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger less than 16 years; offender 18 years or older.
515 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
516 806.01(2) 2nd Maliciously damage structure by fire or explosive.
517 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
518 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
519 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
520 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
521 812.014(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.
522 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
523 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
524 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
525 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
526 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
527 812.131(2)(a) 2nd Robbery by sudden snatching.
528 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
529 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
530 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
531 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
532 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
533 817.2341 (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.
534 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
535 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
536 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
537 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
538 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
539 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
540 838.015 2nd Bribery.
541 838.016 2nd Unlawful compensation or reward for official behavior.
542 838.021(3)(a) 2nd Unlawful harm to a public servant.
543 838.22 2nd Bid tampering.
544 843.0855(2) 3rd Impersonation of a public officer or employee.
545 843.0855(3) 3rd Unlawful simulation of legal process.
546 843.0855(4) 3rd Intimidation of a public officer or employee.
547 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
548 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
549 872.06 2nd Abuse of a dead human body.
550 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
551 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
552 893.13(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.
553 893.13(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.
554 893.13(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).
555 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
556 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
557 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
558 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
559 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
560 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
561 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
562 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
563 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
564 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
565 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
566 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
567 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
568 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
569 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
570 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
571 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
572 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
573 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
574 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
575 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
576 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
577 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
578 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
579 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
580
581 (h) LEVEL 8
582
583 FloridaStatute FelonyDegree Description
584 316.193 (3)(c)3.a. 2nd DUI manslaughter.
585 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
586 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
587 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
588 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
589 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
590 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
591 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
592 777.03(2)(a) 1st Accessory after the fact, capital felony.
593 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
594 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
595 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
596 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
597 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
598 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
599 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
600 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
601 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
602 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
603 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
604 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
605 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
606 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
607 800.04(4)(b) 2nd Lewd or lascivious battery.
608 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
609 800.04(4) 2nd Lewd or lascivious battery.
610 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
611 810.02(2)(a) 1st,PBL Burglary with assault or battery.
612 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
613 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
614 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
615 812.13(2)(b) 1st Robbery with a weapon.
616 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
617 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
618 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
619 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
620 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
621 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
622 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
623 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
624 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
625 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
626 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
627 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
628 860.16 1st Aircraft piracy.
629 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
630 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
631 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
632 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
633 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
634 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
635 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
636 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
637 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
638 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
639 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
640 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
641 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
642 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
643 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
644 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
645 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
646 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
647 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
648
649 (i) LEVEL 9
650
651 FloridaStatute FelonyDegree Description
652 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
653 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
654 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
655 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
656 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
657 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
658 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
659 775.0844 1st Aggravated white collar crime.
660 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
661 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
662 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
663 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
664 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
665 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
666 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
667 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
668 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
669 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
670 787.06(4) 1st Selling or buying of minors into human trafficking.
671 790.161 1st Attempted capital destructive device offense.
672 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
673 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
674 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
675 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
676 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
677 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
678 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
679 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
680 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
681 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
682 796.035 1st Selling or buying of minors into prostitution.
683 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
684 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
685 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
686 812.135(2)(b) 1st Home-invasion robbery with weapon.
687 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
688 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
689 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
690 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
691 827.03(2)(a) 1st Aggravated child abuse.
692 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
693 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
694 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
695 893.135 1st Attempted capital trafficking offense.
696 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
697 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
698 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
699 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
700 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
701 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
702 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
703 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
704 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
705 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
706 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
707
708 Section 9. Section 921.0024, Florida Statutes, is amended
709 to read:
710 921.0024 Criminal Punishment Code; worksheet computations;
711 scoresheets.—
712 (1)(a) The Criminal Punishment Code worksheet is used to
713 compute the subtotal and total sentence points as follows:
714
715 FLORIDA CRIMINAL PUNISHMENT CODE
716 WORKSHEET
717
718 OFFENSE SCORE
719
720 Primary Offense
721 Level Sentence Points Total
722 10 116 = ........
723 9 92 = ........
724 8 74 = ........
725 7 56 = ........
726 6 36 = ........
727 5 28 = ........
728 4 22 = ........
729 3 16 = ........
730 2 10 = ........
731 1 4 = ........
732
733 Total
734
735
736 Additional Offenses
737 Level Sentence Points Counts Total
738 10 58 x .... = ....
739 9 46 x .... = ....
740 8 37 x .... = ....
741 7 28 x .... = ....
742 6 18 x .... = ....
743 5 5.4 x .... = ....
744 4 3.6 x .... = ....
745 3 2.4 x .... = ....
746 2 1.2 x .... = ....
747 1 0.7 x .... = ....
748 M 0.2 x .... = ....
749
750 Total
751
752
753 Victim Injury
754 Level Sentence Points Number Total
755 2nd degreemurder-death 240 x .... = ....
756 Death 120 x .... = ....
757 Severe 40 x .... = ....
758 Moderate 18 x .... = ....
759 Slight 4 x .... = ....
760 Sexual penetration 80 x .... = ....
761 Sexual contact 40 x .... = ....
762
763 Total
764
765 Primary Offense + Additional Offenses + Victim Injury =
766 TOTAL OFFENSE SCORE
767
768 PRIOR RECORD SCORE
769
770 Prior Record
771 Level Sentence Points Number Total
772 10 29 x .... = ....
773 9 23 x .... = ....
774 8 19 x .... = ....
775 7 14 x .... = ....
776 6 9 x .... = ....
777 5 3.6 x .... = ....
778 4 2.4 x .... = ....
779 3 1.6 x .... = ....
780 2 0.8 x .... = ....
781 1 0.5 x .... = ....
782 M 0.2 x .... = ....
783
784 Total
785
786 TOTAL OFFENSE SCORE...........................................
787 TOTAL PRIOR RECORD SCORE......................................
788
789 LEGAL STATUS..................................................
790 COMMUNITY SANCTION VIOLATION..................................
791 PRIOR SERIOUS FELONY..........................................
792 PRIOR CAPITAL FELONY..........................................
793 FIREARM OR SEMIAUTOMATIC WEAPON...............................
794 SUBTOTAL........
795
796 PRISON RELEASEE REOFFENDER (no)(yes)..........................
797 VIOLENT CAREER CRIMINAL (no)(yes).............................
798 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
799 HABITUAL OFFENDER (no)(yes)...................................
800 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
801 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
802 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
803 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
804 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
805 (x multiplier)..................................................
806 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
807 ................................................................
808 TOTAL SENTENCE POINTS........
809
810 (b) WORKSHEET KEY:
811
812 Legal status points are assessed when any form of legal status
813 existed at the time the offender committed an offense before the
814 court for sentencing. Four (4) sentence points are assessed for
815 an offender’s legal status.
816
817 Community sanction violation points are assessed when a
818 community sanction violation is before the court for sentencing.
819 Six (6) sentence points are assessed for each community sanction
820 violation and each successive community sanction violation,
821 unless any of the following apply:
822 1. If the community sanction violation includes a new
823 felony conviction before the sentencing court, twelve (12)
824 community sanction violation points are assessed for the
825 violation, and for each successive community sanction violation
826 involving a new felony conviction.
827 2. If the community sanction violation is committed by a
828 violent felony offender of special concern as defined in s.
829 948.06:
830 a. Twelve (12) community sanction violation points are
831 assessed for the violation and for each successive violation of
832 felony probation or community control where:
833 I. The violation does not include a new felony conviction;
834 and
835 II. The community sanction violation is not based solely on
836 the probationer or offender’s failure to pay costs or fines or
837 make restitution payments.
838 b. Twenty-four (24) community sanction violation points are
839 assessed for the violation and for each successive violation of
840 felony probation or community control where the violation
841 includes a new felony conviction.
842
843 Multiple counts of community sanction violations before the
844 sentencing court shall not be a basis for multiplying the
845 assessment of community sanction violation points.
846
847 Prior serious felony points: If the offender has a primary
848 offense or any additional offense ranked in level 8, level 9, or
849 level 10, and one or more prior serious felonies, a single
850 assessment of thirty (30) points shall be added. For purposes of
851 this section, a prior serious felony is an offense in the
852 offender’s prior record that is ranked in level 8, level 9, or
853 level 10 under s. 921.0022 or s. 921.0023 and for which the
854 offender is serving a sentence of confinement, supervision, or
855 other sanction or for which the offender’s date of release from
856 confinement, supervision, or other sanction, whichever is later,
857 is within 3 years before the date the primary offense or any
858 additional offense was committed.
859
860 Prior capital felony points: If the offender has one or more
861 prior capital felonies in the offender’s criminal record, points
862 shall be added to the subtotal sentence points of the offender
863 equal to twice the number of points the offender receives for
864 the primary offense and any additional offense. A prior capital
865 felony in the offender’s criminal record is a previous capital
866 felony offense for which the offender has entered a plea of nolo
867 contendere or guilty or has been found guilty; or a felony in
868 another jurisdiction which is a capital felony in that
869 jurisdiction, or would be a capital felony if the offense were
870 committed in this state.
871
872 Possession of a firearm, semiautomatic firearm, or machine gun:
873 If the offender is convicted of committing or attempting to
874 commit any felony other than those enumerated in s. 775.087(2)
875 while having in his or her possession: a firearm as defined in
876 s. 790.001(6), an additional eighteen (18) sentence points are
877 assessed; or if the offender is convicted of committing or
878 attempting to commit any felony other than those enumerated in
879 s. 775.087(3) while having in his or her possession a
880 semiautomatic firearm as defined in s. 775.087(3) or a machine
881 gun as defined in s. 790.001(9), an additional twenty-five (25)
882 sentence points are assessed.
883
884 Sentencing multipliers:
885
886 Drug trafficking: If the primary offense is drug trafficking
887 under s. 893.135, the subtotal sentence points are multiplied,
888 at the discretion of the court, for a level 7 or level 8
889 offense, by 1.5. The state attorney may move the sentencing
890 court to reduce or suspend the sentence of a person convicted of
891 a level 7 or level 8 offense, if the offender provides
892 substantial assistance as described in s. 893.135(4).
893
894 Law enforcement protection: If the primary offense is a
895 violation of the Law Enforcement Protection Act under s.
896 775.0823(2), (3), or (4), the subtotal sentence points are
897 multiplied by 2.5. If the primary offense is a violation of s.
898 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
899 are multiplied by 2.0. If the primary offense is a violation of
900 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
901 Protection Act under s. 775.0823(10) or (11), the subtotal
902 sentence points are multiplied by 1.5.
903
904 Grand theft of a motor vehicle: If the primary offense is grand
905 theft of the third degree involving a motor vehicle and in the
906 offender’s prior record, there are three or more grand thefts of
907 the third degree involving a motor vehicle, the subtotal
908 sentence points are multiplied by 1.5.
909
910 Offense related to a criminal gang: If the offender is convicted
911 of the primary offense and committed that offense for the
912 purpose of benefiting, promoting, or furthering the interests of
913 a criminal gang as defined in s. 874.03, the subtotal sentence
914 points are multiplied by 1.5. If applying the multiplier results
915 in the lowest permissible sentence exceeding the statutory
916 maximum sentence for the primary offense under chapter 775, the
917 court may not apply the multiplier and must sentence the
918 defendant to the statutory maximum sentence.
919
920 Domestic violence in the presence of a child: If the offender is
921 convicted of the primary offense and the primary offense is a
922 crime of domestic violence, as defined in s. 741.28, which was
923 committed in the presence of a child under 16 years of age who
924 is a family or household member as defined in s. 741.28(3) with
925 the victim or perpetrator, the subtotal sentence points are
926 multiplied by 1.5.
927
928 Adult-on-minor sex offense: If the offender was 18 years of age
929 or older and the victim was younger than 18 years of age at the
930 time the offender committed the primary offense, and if the
931 primary offense was an offense committed on or after October 1,
932 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
933 violation involved a victim who was a minor and, in the course
934 of committing that violation, the defendant committed a sexual
935 battery under chapter 794 or a lewd act under s. 800.04 or s.
936 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
937 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
938 800.04; or s. 847.0135(5), the subtotal sentence points are
939 multiplied by 2.0. If applying the multiplier results in the
940 lowest permissible sentence exceeding the statutory maximum
941 sentence for the primary offense under chapter 775, the court
942 may not apply the multiplier and must sentence the defendant to
943 the statutory maximum sentence.
944 (2) The lowest permissible sentence is the minimum sentence
945 that may be imposed by the trial court, absent a valid reason
946 for departure. The lowest permissible sentence is any nonstate
947 prison sanction in which the total sentence points equals or is
948 less than 44 points, unless the court determines within its
949 discretion that a prison sentence, which may be up to the
950 statutory maximums for the offenses committed, is appropriate.
951 When the total sentence points exceeds 44 points, the lowest
952 permissible sentence in prison months shall be calculated by
953 subtracting 28 points from the total sentence points and
954 decreasing the remaining total by 25 percent. The total sentence
955 points shall be calculated only as a means of determining the
956 lowest permissible sentence. The permissible range for
957 sentencing shall be the lowest permissible sentence up to and
958 including the statutory maximum, as defined in s. 775.082, for
959 the primary offense and any additional offenses before the court
960 for sentencing. The sentencing court may impose such sentences
961 concurrently or consecutively. However, any sentence to state
962 prison must exceed 1 year. If the lowest permissible sentence
963 under the code exceeds the statutory maximum sentence as
964 provided in s. 775.082, the sentence required by the code must
965 be imposed. If the total sentence points are greater than or
966 equal to 363, the court may sentence the offender to life
967 imprisonment. An offender sentenced to life imprisonment under
968 this section is not eligible for any form of discretionary early
969 release, except executive clemency or conditional medical
970 release under s. 947.149.
971 (3) A single scoresheet shall be prepared for each
972 defendant to determine the permissible range for the sentence
973 that the court may impose, except that if the defendant is
974 before the court for sentencing for more than one felony and the
975 felonies were committed under more than one version or revision
976 of the guidelines or the code, separate scoresheets must be
977 prepared. The scoresheet or scoresheets must cover all the
978 defendant’s offenses pending before the court for sentencing.
979 The state attorney shall prepare the scoresheet or scoresheets,
980 which must be presented to the defense counsel for review for
981 accuracy in all cases unless the judge directs otherwise. The
982 defendant’s scoresheet or scoresheets must be approved and
983 signed by the sentencing judge.
984 (4) The Department of Corrections, in consultation with the
985 Office of the State Courts Administrator, state attorneys, and
986 public defenders, must develop and submit the revised Criminal
987 Punishment Code scoresheet to the Supreme Court for approval by
988 June 15 of each year, as necessary. Upon the Supreme Court’s
989 approval of the revised scoresheet, the Department of
990 Corrections shall produce and provide sufficient copies of the
991 revised scoresheets by September 30 of each year, as necessary.
992 Scoresheets must include item entries for the scoresheet
993 preparer’s use in indicating whether any prison sentence imposed
994 includes a mandatory minimum sentence or the sentence imposed
995 was a downward departure from the lowest permissible sentence
996 under the Criminal Punishment Code.
997 (5) The Department of Corrections shall distribute
998 sufficient copies of the Criminal Punishment Code scoresheets to
999 those persons charged with the responsibility for preparing
1000 scoresheets.
1001 (6) The clerk of the circuit court shall transmit a
1002 complete, accurate, and legible copy of the Criminal Punishment
1003 Code scoresheet used in each sentencing proceeding to the
1004 Department of Corrections. Scoresheets must be transmitted no
1005 less frequently than monthly, by the first of each month, and
1006 may be sent collectively.
1007 (7) A sentencing scoresheet must be prepared for every
1008 defendant who is sentenced for a felony offense. A copy of the
1009 individual offender’s Criminal Punishment Code scoresheet and
1010 any attachments thereto prepared pursuant to Rule 3.701, Rule
1011 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
1012 any other rule pertaining to the preparation and submission of
1013 felony sentencing scoresheets, must be attached to the copy of
1014 the uniform judgment and sentence form provided to the
1015 Department of Corrections.
1016 Section 10. Paragraph (a) of subsection (1), paragraph (a)
1017 of subsection (11), and paragraph (b) of subsection (14) of
1018 section 943.0435, Florida Statutes, are amended to read:
1019 943.0435 Sexual offenders required to register with the
1020 department; penalty.—
1021 (1) As used in this section, the term:
1022 (a)1. “Sexual offender” means a person who meets the
1023 criteria in sub-subparagraph a., sub-subparagraph b., sub
1024 subparagraph c., or sub-subparagraph d., as follows:
1025 a.(I) Has been convicted of committing, or attempting,
1026 soliciting, or conspiring to commit, any of the criminal
1027 offenses proscribed in the following statutes in this state or
1028 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
1029 or s. 787.025(2)(c), where the victim is a minor and the
1030 defendant is not the victim’s parent or guardian; s.
1031 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1032 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1033 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1034 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1035 or s. 985.701(1); or any similar offense committed in this state
1036 which has been redesignated from a former statute number to one
1037 of those listed in this sub-sub-subparagraph; and
1038 (II) Has been released on or after October 1, 1997, from
1039 the sanction imposed for any conviction of an offense described
1040 in sub-sub-subparagraph (I). For purposes of sub-sub
1041 subparagraph (I), a sanction imposed in this state or in any
1042 other jurisdiction includes, but is not limited to, a fine,
1043 probation, community control, parole, conditional release,
1044 control release, or incarceration in a state prison, federal
1045 prison, private correctional facility, or local detention
1046 facility;
1047 b. Establishes or maintains a residence in this state and
1048 who has not been designated as a sexual predator by a court of
1049 this state but who has been designated as a sexual predator, as
1050 a sexually violent predator, or by another sexual offender
1051 designation in another state or jurisdiction and was, as a
1052 result of such designation, subjected to registration or
1053 community or public notification, or both, or would be if the
1054 person were a resident of that state or jurisdiction, without
1055 regard to whether the person otherwise meets the criteria for
1056 registration as a sexual offender;
1057 c. Establishes or maintains a residence in this state who
1058 is in the custody or control of, or under the supervision of,
1059 any other state or jurisdiction as a result of a conviction for
1060 committing, or attempting, soliciting, or conspiring to commit,
1061 any of the criminal offenses proscribed in the following
1062 statutes or similar offense in another jurisdiction: s. 787.01,
1063 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
1064 the defendant is not the victim’s parent or guardian; s.
1065 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1066 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1067 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1068 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1069 or s. 985.701(1); or any similar offense committed in this state
1070 which has been redesignated from a former statute number to one
1071 of those listed in this sub-subparagraph; or
1072 d. On or after July 1, 2007, has been adjudicated
1073 delinquent for committing, or attempting, soliciting, or
1074 conspiring to commit, any of the criminal offenses proscribed in
1075 the following statutes in this state or similar offenses in
1076 another jurisdiction when the juvenile was 14 years of age or
1077 older at the time of the offense:
1078 (I) Section 794.011, excluding s. 794.011(10);
1079 (II) Section 800.04(4)(a)2. 800.04(4)(b) where the victim
1080 is under 12 years of age or where the court finds sexual
1081 activity by the use of force or coercion;
1082 (III) Section 800.04(5)(c)1. where the court finds
1083 molestation involving unclothed genitals; or
1084 (IV) Section 800.04(5)(d) where the court finds the use of
1085 force or coercion and unclothed genitals.
1086 2. For all qualifying offenses listed in sub-subparagraph
1087 (1)(a)1.d., the court shall make a written finding of the age of
1088 the offender at the time of the offense.
1089
1090 For each violation of a qualifying offense listed in this
1091 subsection, the court shall make a written finding of the age of
1092 the victim at the time of the offense. For a violation of s.
1093 800.04(4), the court shall additionally make a written finding
1094 indicating that the offense did or did not involve sexual
1095 activity and indicating that the offense did or did not involve
1096 force or coercion. For a violation of s. 800.04(5), the court
1097 shall additionally make a written finding that the offense did
1098 or did not involve unclothed genitals or genital area and that
1099 the offense did or did not involve the use of force or coercion.
1100 (11) Except as provided in s. 943.04354, a sexual offender
1101 must maintain registration with the department for the duration
1102 of his or her life, unless the sexual offender has received a
1103 full pardon or has had a conviction set aside in a
1104 postconviction proceeding for any offense that meets the
1105 criteria for classifying the person as a sexual offender for
1106 purposes of registration. However, a sexual offender:
1107 (a)1. Who has been lawfully released from confinement,
1108 supervision, or sanction, whichever is later, for at least 25
1109 years and has not been arrested for any felony or misdemeanor
1110 offense since release, provided that the sexual offender’s
1111 requirement to register was not based upon an adult conviction:
1112 a. For a violation of s. 787.01 or s. 787.02;
1113 b. For a violation of s. 794.011, excluding s. 794.011(10);
1114 c. For a violation of s. 800.04(4)(a)2. s. 800.04(4)(b)
1115 where the court finds the offense involved a victim under 12
1116 years of age or sexual activity by the use of force or coercion;
1117 d. For a violation of s. 800.04(5)(b);
1118 e. For a violation of s. 800.04(5)c.2. where the court
1119 finds the offense involved unclothed genitals or genital area;
1120 f. For any attempt or conspiracy to commit any such
1121 offense; or
1122 g. For a violation of similar law of another jurisdiction,
1123
1124 may petition the criminal division of the circuit court of the
1125 circuit in which the sexual offender resides for the purpose of
1126 removing the requirement for registration as a sexual offender.
1127 2. The court may grant or deny relief if the offender
1128 demonstrates to the court that he or she has not been arrested
1129 for any crime since release; the requested relief complies with
1130 the provisions of the federal Adam Walsh Child Protection and
1131 Safety Act of 2006 and any other federal standards applicable to
1132 the removal of registration requirements for a sexual offender
1133 or required to be met as a condition for the receipt of federal
1134 funds by the state; and the court is otherwise satisfied that
1135 the offender is not a current or potential threat to public
1136 safety. The state attorney in the circuit in which the petition
1137 is filed must be given notice of the petition at least 3 weeks
1138 before the hearing on the matter. The state attorney may present
1139 evidence in opposition to the requested relief or may otherwise
1140 demonstrate the reasons why the petition should be denied. If
1141 the court denies the petition, the court may set a future date
1142 at which the sexual offender may again petition the court for
1143 relief, subject to the standards for relief provided in this
1144 subsection.
1145 3. The department shall remove an offender from
1146 classification as a sexual offender for purposes of registration
1147 if the offender provides to the department a certified copy of
1148 the court’s written findings or order that indicates that the
1149 offender is no longer required to comply with the requirements
1150 for registration as a sexual offender.
1151 (14)
1152 (b) However, a sexual offender who is required to register
1153 as a result of a conviction for:
1154 1. Section 787.01 or s. 787.02 where the victim is a minor
1155 and the offender is not the victim’s parent or guardian;
1156 2. Section 794.011, excluding s. 794.011(10);
1157 3. Section 800.04(4)(a)2. 800.04(4)(b) where the court
1158 finds the offense involved a victim under 12 years of age or
1159 sexual activity by the use of force or coercion;
1160 4. Section 800.04(5)(b);
1161 5. Section 800.04(5)(c)1. where the court finds molestation
1162 involving unclothed genitals or genital area;
1163 6. Section 800.04(5)c.2. where the court finds molestation
1164 involving unclothed genitals or genital area;
1165 7. Section 800.04(5)(d) where the court finds the use of
1166 force or coercion and unclothed genitals or genital area;
1167 8. Any attempt or conspiracy to commit such offense; or
1168 9. A violation of a similar law of another jurisdiction,
1169
1170 must reregister each year during the month of the sexual
1171 offender’s birthday and every third month thereafter.
1172 Section 11. Paragraph (b) of subsection (13) of section
1173 944.607, Florida Statutes, is amended to read:
1174 944.607 Notification to Department of Law Enforcement of
1175 information on sexual offenders.—
1176 (13)
1177 (b) However, a sexual offender who is required to register
1178 as a result of a conviction for:
1179 1. Section 787.01 or s. 787.02 where the victim is a minor
1180 and the offender is not the victim’s parent or guardian;
1181 2. Section 794.011, excluding s. 794.011(10);
1182 3. Section 800.04(4)(a)2. 800.04(4)(b) where the victim is
1183 under 12 years of age or where the court finds sexual activity
1184 by the use of force or coercion;
1185 4. Section 800.04(5)(b);
1186 5. Section 800.04(5)(c)1. where the court finds molestation
1187 involving unclothed genitals or genital area;
1188 6. Section 800.04(5)c.2. where the court finds molestation
1189 involving unclothed genitals or genital area;
1190 7. Section 800.04(5)(d) where the court finds the use of
1191 force or coercion and unclothed genitals or genital area;
1192 8. Any attempt or conspiracy to commit such offense; or
1193 9. A violation of a similar law of another jurisdiction,
1194
1195 must reregister each year during the month of the sexual
1196 offender’s birthday and every third month thereafter.
1197 Section 12. Paragraph (e) is added to subsection (4) of
1198 section 944.275, Florida Statutes, to read:
1199 944.275 Gain-time.—
1200 (4)
1201 (e) Notwithstanding subparagraph (b)3., for sentences
1202 imposed for offenses committed on or after October 1, 2014, the
1203 department may not grant incentive gain-time if the offense is a
1204 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
1205 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
1206 800.04; s. 825.1025; or s. 847.0135(5).
1207 Section 13. Subsections (13) and (14) are added to section
1208 947.1405, Florida Statutes, to read:
1209 947.1405 Conditional release program.—
1210 (13) If a person who is transferred to the custody of the
1211 Department of Children and Families pursuant to part V of
1212 chapter 394 is subject to conditional release supervision, the
1213 period of conditional release supervision is tolled until such
1214 person is no longer in the custody of the Department of Children
1215 and Families. This subsection applies to all periods of
1216 conditional release supervision which begin on or after October
1217 1, 2014, regardless of the date of the underlying offense.
1218 (14) Effective for a releasee whose crime was committed on
1219 or after October 1, 2014, in violation of chapter 794, s.
1220 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition
1221 to any other provision of this section, the commission must
1222 impose a condition prohibiting the releasee from viewing,
1223 accessing, owning, or possessing any obscene, pornographic, or
1224 sexually stimulating visual or auditory material unless
1225 otherwise indicated in the treatment plan provided by a
1226 qualified practitioner in the sexual offender treatment program.
1227 Visual or auditory material includes, but is not limited to,
1228 telephone, electronic media, computer programs, and computer
1229 services.
1230 Section 14. Subsection (1) of section 948.012, Florida
1231 Statutes, is amended, and subsections (5) and (6) are added to
1232 that section, to read:
1233 948.012 Split sentence of probation or community control
1234 and imprisonment.—
1235 (1) If Whenever punishment by imprisonment for a
1236 misdemeanor or a felony, except for a capital felony, is
1237 prescribed, the court, in its discretion, may, at the time of
1238 sentencing, impose a split sentence whereby the defendant is to
1239 be placed on probation or, with respect to any such felony, into
1240 community control upon completion of any specified period of
1241 such sentence which may include a term of years or less. In such
1242 case, the court shall stay and withhold the imposition of the
1243 remainder of sentence imposed upon the defendant and direct that
1244 the defendant be placed upon probation or into community control
1245 after serving such period as may be imposed by the court. Except
1246 as provided in subsection (6), the period of probation or
1247 community control shall commence immediately upon the release of
1248 the defendant from incarceration, whether by parole or gain-time
1249 allowances.
1250 (5)(a) Effective for offenses committed on or after October
1251 1, 2014, if the court imposes a term of years in accordance with
1252 s. 775.082 which is less than the maximum sentence for the
1253 offense, the court must impose a split sentence pursuant to
1254 subsection (1) for any person who is convicted of a violation
1255 of:
1256 1. Section 782.04(1)(a)2.c.;
1257 2. Section 787.01(3)(a)2. or 3.;
1258 3. Section 787.02(3)(a)2. or 3.;
1259 4. Section 794.011, excluding s. 794.011(10);
1260 5. Section 800.04;
1261 6. Section 825.1025; or
1262 7. Section 847.0135(5).
1263 (b) The probation or community control portion of the split
1264 sentence imposed by the court must extend for at least 2 years.
1265 However, if the term of years imposed by the court extends to
1266 within 2 years of the maximum sentence for the offense, the
1267 probation or community control portion of the split sentence
1268 must extend for the remainder of the maximum sentence.
1269 (6) If a defendant who has been sentenced to a split
1270 sentence pursuant to subsection (1) is transferred to the
1271 custody of the Department of Children and Families pursuant to
1272 part V of chapter 394, the period of probation or community
1273 control is tolled until such person is no longer in the custody
1274 of the Department of Children and Families. This subsection
1275 applies to all sentences of probation or community control which
1276 begin on or after October 1, 2014, regardless of the date of the
1277 underlying offense.
1278 Section 15. Subsection (5) is added to section 948.30,
1279 Florida Statutes, to read:
1280 948.30 Additional terms and conditions of probation or
1281 community control for certain sex offenses.—Conditions imposed
1282 pursuant to this section do not require oral pronouncement at
1283 the time of sentencing and shall be considered standard
1284 conditions of probation or community control for offenders
1285 specified in this section.
1286 (5) Effective for a probationer or community controllee
1287 whose crime was committed on or after October 1, 2014, and who
1288 is placed on probation or community control for a violation of
1289 chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1290 847.0145, in addition to all other conditions imposed, the court
1291 must impose a condition prohibiting the probationer or community
1292 controllee from viewing, accessing, owning, or possessing any
1293 obscene, pornographic, or sexually stimulating visual or
1294 auditory material unless otherwise indicated in the treatment
1295 plan provided by a qualified practitioner in the sexual offender
1296 treatment program. Visual or auditory material includes, but is
1297 not limited to, telephone, electronic media, computer programs,
1298 and computer services.
1299 Section 16. Section 948.31, Florida Statutes, is amended to
1300 read:
1301 948.31 Evaluation and treatment of sexual predators and
1302 offenders on probation or community control.—The court may shall
1303 require an evaluation by a qualified practitioner to determine
1304 the need of a probationer or community controllee for treatment.
1305 If the court determines that a need therefor is established by
1306 the evaluation process, the court shall require sexual offender
1307 treatment as a term or condition of probation or community
1308 control for any probationer or community controllee person who
1309 is required to register as a sexual predator under s. 775.21 or
1310 sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
1311 undergo an evaluation, at the probationer or community
1312 controllee’s expense, by a qualified practitioner to determine
1313 whether such probationer or community controllee needs sexual
1314 offender treatment. If the qualified practitioner determines
1315 that sexual offender treatment is needed and recommends
1316 treatment, the probationer or community controllee must
1317 successfully complete and pay for the treatment. Such treatment
1318 must shall be required to be obtained from a qualified
1319 practitioner as defined in s. 948.001. Treatment may not be
1320 administered by a qualified practitioner who has been convicted
1321 or adjudicated delinquent of committing, or attempting,
1322 soliciting, or conspiring to commit, any offense that is listed
1323 in s. 943.0435(1)(a)1.a.(I). The court shall impose a
1324 restriction against contact with minors if sexual offender
1325 treatment is recommended. The evaluation and recommendations for
1326 treatment of the probationer or community controllee shall be
1327 provided to the court for review.
1328 Section 17. If any provision of this act or its application
1329 to any person or circumstance is held invalid, the invalidity
1330 does not affect other provisions or applications of this act
1331 which can be given effect without the invalid provision or
1332 application, and to this end the provisions of this act are
1333 severable.
1334 Section 18. This act shall take effect October 1, 2014.
