Bill Text: FL S1172 | 2012 | Regular Session | Comm Sub
Bill Title: Criminal Conduct
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar, companion bill(s) passed, see CS/CS/CS/HB 1355 (Ch. [S1172 Detail]
Download: Florida-2012-S1172-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 1172
By the Committees on Judiciary; and Criminal Justice; and
Senator Detert
590-03516-12 20121172c2
1 A bill to be entitled
2 An act relating to criminal conduct; amending s.
3 827.03, F.S.; defining the term “mental injury” with
4 respect to the offenses of abuse, aggravated abuse,
5 and neglect of a child; requiring that a physician or
6 psychologist acting as an expert witness in certain
7 proceedings have certain credentials; amending ss.
8 775.084, 775.0877, 782.07, 921.0022, and 948.062,
9 F.S.; conforming cross-references; amending s. 960.03,
10 F.S.; redefining the term “crime” for purposes of
11 crime victims compensation to include additional forms
12 of injury; redefining the term “victim” to conform
13 with the modified definition of the term “crime”;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 827.03, Florida Statutes, is amended to
19 read:
20 827.03 Abuse, aggravated abuse, and neglect of a child;
21 penalties.—
22 (1) DEFINITIONS.—As used in this section, the term:
23 (a) “Aggravated child abuse” occurs when a person:
24 1. Commits aggravated battery on a child;
25 2. Willfully tortures, maliciously punishes, or willfully
26 and unlawfully cages a child; or
27 3. Knowingly or willfully abuses a child and in so doing
28 causes great bodily harm, permanent disability, or permanent
29 disfigurement to the child.
30 (b) “Child abuse” means:
31 1.(a) Intentional infliction of physical or mental injury
32 upon a child;
33 2.(b) An intentional act that could reasonably be expected
34 to result in physical or mental injury to a child; or
35 3.(c) Active encouragement of any person to commit an act
36 that results or could reasonably be expected to result in
37 physical or mental injury to a child.
38
39 A person who knowingly or willfully abuses a child without
40 causing great bodily harm, permanent disability, or permanent
41 disfigurement to the child commits a felony of the third degree,
42 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
43 (2) “Aggravated child abuse” occurs when a person:
44 (a) Commits aggravated battery on a child;
45 (b) Willfully tortures, maliciously punishes, or willfully
46 and unlawfully cages a child; or
47 (c) Knowingly or willfully abuses a child and in so doing
48 causes great bodily harm, permanent disability, or permanent
49 disfigurement to the child.
50
51 A person who commits aggravated child abuse commits a felony of
52 the first degree, punishable as provided in s. 775.082, s.
53 775.083, or s. 775.084.
54 (c) “Maliciously” means wrongfully, intentionally, and
55 without legal justification or excuse. Maliciousness may be
56 established by circumstances from which one could conclude that
57 a reasonable parent would not have engaged in the damaging acts
58 toward the child for any valid reason and that the primary
59 purpose of the acts was to cause the victim unjustifiable pain
60 or injury.
61 (d) “Mental injury” means injury to the intellectual or
62 psychological capacity of a child as evidenced by a discernible
63 and substantial impairment in the ability of the child to
64 function within the normal range of performance and behavior as
65 supported by expert testimony.
66 (e)(3)(a) “Neglect of a child” means:
67 1. A caregiver’s failure or omission to provide a child
68 with the care, supervision, and services necessary to maintain
69 the child’s physical and mental health, including, but not
70 limited to, food, nutrition, clothing, shelter, supervision,
71 medicine, and medical services that a prudent person would
72 consider essential for the well-being of the child; or
73 2. A caregiver’s failure to make a reasonable effort to
74 protect a child from abuse, neglect, or exploitation by another
75 person.
76
77 Except as otherwise provided in this section, neglect of a child
78 may be based on repeated conduct or on a single incident or
79 omission that results in, or could reasonably be expected to
80 result in, serious physical or mental injury, or a substantial
81 risk of death, to a child.
82 (2) OFFENSES.—
83 (a) A person who commits aggravated child abuse commits a
84 felony of the first degree, punishable as provided in s.
85 775.082, s. 775.083, or s. 775.084.
86 (b) A person who willfully or by culpable negligence
87 neglects a child and in so doing causes great bodily harm,
88 permanent disability, or permanent disfigurement to the child
89 commits a felony of the second degree, punishable as provided in
90 s. 775.082, s. 775.083, or s. 775.084.
91 (c) A person who knowingly or willfully abuses a child
92 without causing great bodily harm, permanent disability, or
93 permanent disfigurement to the child commits a felony of the
94 third degree, punishable as provided in s. 775.082, s. 775.083,
95 or s. 775.084.
96 (d)(c) A person who willfully or by culpable negligence
97 neglects a child without causing great bodily harm, permanent
98 disability, or permanent disfigurement to the child commits a
99 felony of the third degree, punishable as provided in s.
100 775.082, s. 775.083, or s. 775.084.
101 (3) EXPERT TESTIMONY.—
102 (a) Except as provided in paragraph (b), a physician may
103 not provide expert testimony in a criminal child abuse case
104 unless the physician is a physician licensed under chapter 458
105 or chapter 459 or has obtained certification as an expert
106 witness pursuant to s. 458.3175 or s. 459.0066.
107 (b) A physician may provide expert testimony in a criminal
108 child abuse case regarding mental injury if the physician is a
109 physician licensed under chapter 458 or chapter 459, is board
110 certified in psychiatry, or has obtained certification as an
111 expert witness pursuant to s. 458.3175 or s. 459.0066.
112 (c) Notwithstanding s. 766.102, a physician who obtains an
113 expert witness certificate under s. 458.3145 or s. 459.0066 and
114 who otherwise meets the requirements of this subsection may
115 provide expert testimony in a criminal child abuse case.
116 (d) A psychologist may not give expert testimony in a
117 criminal child abuse case regarding mental injury unless the
118 psychologist is licensed under chapter 490.
119 (e) The expert testimony requirements of this subsection
120 apply only to criminal child abuse cases and not to family court
121 or dependency court cases.
122 (4) For purposes of this section, “maliciously” means
123 wrongfully, intentionally, and without legal justification or
124 excuse. Maliciousness may be established by circumstances from
125 which one could conclude that a reasonable parent would not have
126 engaged in the damaging acts toward the child for any valid
127 reason and that the primary purpose of the acts was to cause the
128 victim unjustifiable pain or injury.
129 Section 2. Paragraph (d) of subsection (1) of section
130 775.084, Florida Statutes, is amended to read:
131 775.084 Violent career criminals; habitual felony offenders
132 and habitual violent felony offenders; three-time violent felony
133 offenders; definitions; procedure; enhanced penalties or
134 mandatory minimum prison terms.—
135 (1) As used in this act:
136 (d) “Violent career criminal” means a defendant for whom
137 the court must impose imprisonment pursuant to paragraph (4)(d),
138 if it finds that:
139 1. The defendant has previously been convicted as an adult
140 three or more times for an offense in this state or other
141 qualified offense that is:
142 a. Any forcible felony, as described in s. 776.08;
143 b. Aggravated stalking, as described in s. 784.048(3) and
144 (4);
145 c. Aggravated child abuse, as described in s. 827.03(2)(a);
146 d. Aggravated abuse of an elderly person or disabled adult,
147 as described in s. 825.102(2);
148 e. Lewd or lascivious battery, lewd or lascivious
149 molestation, lewd or lascivious conduct, or lewd or lascivious
150 exhibition, as described in s. 800.04 or s. 847.0135(5);
151 f. Escape, as described in s. 944.40; or
152 g. A felony violation of chapter 790 involving the use or
153 possession of a firearm.
154 2. The defendant has been incarcerated in a state prison or
155 a federal prison.
156 3. The primary felony offense for which the defendant is to
157 be sentenced is a felony enumerated in subparagraph 1. and was
158 committed on or after October 1, 1995, and:
159 a. While the defendant was serving a prison sentence or
160 other sentence, or court-ordered or lawfully imposed supervision
161 that is imposed as a result of a prior conviction for an
162 enumerated felony; or
163 b. Within 5 years after the conviction of the last prior
164 enumerated felony, or within 5 years after the defendant’s
165 release from a prison sentence, probation, community control,
166 control release, conditional release, parole, or court-ordered
167 or lawfully imposed supervision or other sentence that is
168 imposed as a result of a prior conviction for an enumerated
169 felony, whichever is later.
170 4. The defendant has not received a pardon for any felony
171 or other qualified offense that is necessary for the operation
172 of this paragraph.
173 5. A conviction of a felony or other qualified offense
174 necessary to the operation of this paragraph has not been set
175 aside in any postconviction proceeding.
176 Section 3. Subsection (1) of section 775.0877, Florida
177 Statutes, is amended to read:
178 775.0877 Criminal transmission of HIV; procedures;
179 penalties.—
180 (1) In any case in which a person has been convicted of or
181 has pled nolo contendere or guilty to, regardless of whether
182 adjudication is withheld, any of the following offenses, or the
183 attempt thereof, which offense or attempted offense involves the
184 transmission of body fluids from one person to another:
185 (a) Section 794.011, relating to sexual battery;
186 (b) Section 826.04, relating to incest;
187 (c) Section 800.04, relating to lewd or lascivious offenses
188 committed upon or in the presence of persons less than 16 years
189 of age;
190 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
191 relating to assault;
192 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
193 relating to aggravated assault;
194 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
195 relating to battery;
196 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
197 relating to aggravated battery;
198 (h) Section 827.03(2)(c)(1), relating to child abuse;
199 (i) Section 827.03(2)(a), relating to aggravated child
200 abuse;
201 (j) Section 825.102(1), relating to abuse of an elderly
202 person or disabled adult;
203 (k) Section 825.102(2), relating to aggravated abuse of an
204 elderly person or disabled adult;
205 (l) Section 827.071, relating to sexual performance by
206 person less than 18 years of age;
207 (m) Sections 796.03, 796.07, and 796.08, relating to
208 prostitution; or
209 (n) Section 381.0041(11)(b), relating to donation of blood,
210 plasma, organs, skin, or other human tissue,
211
212 the court shall order the offender to undergo HIV testing, to be
213 performed under the direction of the Department of Health in
214 accordance with s. 381.004, unless the offender has undergone
215 HIV testing voluntarily or pursuant to procedures established in
216 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
217 rule providing for HIV testing of criminal offenders or inmates,
218 subsequent to her or his arrest for an offense enumerated in
219 paragraphs (a)-(n) for which she or he was convicted or to which
220 she or he pled nolo contendere or guilty. The results of an HIV
221 test performed on an offender pursuant to this subsection are
222 not admissible in any criminal proceeding arising out of the
223 alleged offense.
224 Section 4. Subsection (3) of section 782.07, Florida
225 Statutes, is amended to read:
226 782.07 Manslaughter; aggravated manslaughter of an elderly
227 person or disabled adult; aggravated manslaughter of a child;
228 aggravated manslaughter of an officer, a firefighter, an
229 emergency medical technician, or a paramedic.—
230 (3) A person who causes the death of any person under the
231 age of 18 by culpable negligence under s. 827.03(2)(b)(3)
232 commits aggravated manslaughter of a child, a felony of the
233 first degree, punishable as provided in s. 775.082, s. 775.083,
234 or s. 775.084.
235 Section 5. Paragraphs (f), (g), and (i) of subsection (3)
236 of section 921.0022, Florida Statutes, are amended to read:
237 921.0022 Criminal Punishment Code; offense severity ranking
238 chart.—
239 (3) OFFENSE SEVERITY RANKING CHART
240 (f) LEVEL 6
241 FloridaStatute FelonyDegree Description
242 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
243 499.0051(3) 2nd Knowing forgery of pedigree papers.
244 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
245 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
246 775.0875(1) 3rd Taking firearm from law enforcement officer.
247 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
248 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
249 784.041 3rd Felony battery; domestic battery by strangulation.
250 784.048(3) 3rd Aggravated stalking; credible threat.
251 784.048(5) 3rd Aggravated stalking of person under 16.
252 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
253 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
254 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
255 784.081(2) 2nd Aggravated assault on specified official or employee.
256 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
257 784.083(2) 2nd Aggravated assault on code inspector.
258 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
259 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
260 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
261 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
262 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
263 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
264 794.05(1) 2nd Unlawful sexual activity with specified minor.
265 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
266 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
267 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
268 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
269 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
270 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
271 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
272 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
273 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
274 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
275 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
276 825.102(1) 3rd Abuse of an elderly person or disabled adult.
277 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
278 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
279 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
280 827.03(2)(c)827.03(1) 3rd Abuse of a child.
281 827.03(2)(d)827.03(3)(c) 3rd Neglect of a child.
282 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
283 836.05 2nd Threats; extortion.
284 836.10 2nd Written threats to kill or do bodily injury.
285 843.12 3rd Aids or assists person to escape.
286 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
287 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
288 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
289 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
290 944.35(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.
291 944.40 2nd Escapes.
292 944.46 3rd Harboring, concealing, aiding escaped prisoners.
293 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
294 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
295 (g) LEVEL 7
296 FloridaStatute FelonyDegree Description
297 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
298 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
299 316.1935(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.
300 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
301 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
302 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
303 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
304 456.065(2) 3rd Practicing a health care profession without a license.
305 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
306 458.327(1) 3rd Practicing medicine without a license.
307 459.013(1) 3rd Practicing osteopathic medicine without a license.
308 460.411(1) 3rd Practicing chiropractic medicine without a license.
309 461.012(1) 3rd Practicing podiatric medicine without a license.
310 462.17 3rd Practicing naturopathy without a license.
311 463.015(1) 3rd Practicing optometry without a license.
312 464.016(1) 3rd Practicing nursing without a license.
313 465.015(2) 3rd Practicing pharmacy without a license.
314 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
315 467.201 3rd Practicing midwifery without a license.
316 468.366 3rd Delivering respiratory care services without a license.
317 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
318 483.901(9) 3rd Practicing medical physics without a license.
319 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
320 484.053 3rd Dispensing hearing aids without a license.
321 494.0018(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.
322 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
323 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
324 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
325 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
326 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
327 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
328 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
329 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
330 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
331 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
332 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
333 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
334 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
335 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
336 784.048(7) 3rd Aggravated stalking; violation of court order.
337 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
338 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
339 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
340 784.081(1) 1st Aggravated battery on specified official or employee.
341 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
342 784.083(1) 1st Aggravated battery on code inspector.
343 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
344 790.16(1) 1st Discharge of a machine gun under specified circumstances.
345 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
346 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
347 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
348 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
349 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
350 794.08(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.
351 796.03 2nd Procuring any person under 16 years for prostitution.
352 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
353 800.04(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.
354 806.01(2) 2nd Maliciously damage structure by fire or explosive.
355 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
356 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
357 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
358 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
359 812.014(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.
360 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
361 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
362 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
363 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
364 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
365 812.131(2)(a) 2nd Robbery by sudden snatching.
366 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
367 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
368 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
369 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
370 817.2341 (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.
371 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
372 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
373 827.03(2)827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
374 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
375 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
376 838.015 2nd Bribery.
377 838.016 2nd Unlawful compensation or reward for official behavior.
378 838.021(3)(a) 2nd Unlawful harm to a public servant.
379 838.22 2nd Bid tampering.
380 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
381 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
382 872.06 2nd Abuse of a dead human body.
383 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
384 893.13(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.
385 893.13(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.
386 893.13(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).
387 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
388 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
389 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
390 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
391 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
392 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
393 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
394 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
395 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
396 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
397 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
398 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
399 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
400 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
401 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
402 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
403 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
404 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
405 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
406 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
407 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
408 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
409 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
410 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
411 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
412 (i) LEVEL 9
413 FloridaStatute FelonyDegree Description
414 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
415 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
416 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
417 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
418 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
419 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
420 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
421 775.0844 1st Aggravated white collar crime.
422 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
423 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
424 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
425 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
426 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
427 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
428 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
429 787.02(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.
430 790.161 1st Attempted capital destructive device offense.
431 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
432 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
433 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
434 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
435 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
436 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
437 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
438 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
439 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
440 812.135(2)(b) 1st Home-invasion robbery with weapon.
441 817.568(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.
442 827.03(2)(a)827.03(2) 1st Aggravated child abuse.
443 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
444 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
445 859.01 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.
446 893.135 1st Attempted capital trafficking offense.
447 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
448 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
449 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
450 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
451 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
452 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
453 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
454 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
455 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
456 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
457 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
458 Section 6. Subsection (1) of section 948.062, Florida
459 Statutes, is amended to read:
460 948.062 Reviewing and reporting serious offenses committed
461 by offenders placed on probation or community control.—
462 (1) The department shall review the circumstances related
463 to an offender placed on probation or community control who has
464 been arrested while on supervision for the following offenses:
465 (a) Any murder as provided in s. 782.04;
466 (b) Any sexual battery as provided in s. 794.011 or s.
467 794.023;
468 (c) Any sexual performance by a child as provided in s.
469 827.071;
470 (d) Any kidnapping, false imprisonment, or luring of a
471 child as provided in s. 787.01, s. 787.02, or s. 787.025;
472 (e) Any lewd and lascivious battery or lewd and lascivious
473 molestation as provided in s. 800.04(4) or (5);
474 (f) Any aggravated child abuse as provided in s.
475 827.03(2)(a) s. 827.03(2);
476 (g) Any robbery with a firearm or other deadly weapon, home
477 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
478 s. 812.135, or s. 812.133;
479 (h) Any aggravated stalking as provided in s. 784.048(3),
480 (4), or (5);
481 (i) Any forcible felony as provided in s. 776.08, committed
482 by a any person on probation or community control who is
483 designated as a sexual predator; or
484 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
485 or vehicular or vessel homicide as provided in s. 782.071 or s.
486 782.072, committed by a any person who is on probation or
487 community control for an offense involving death or injury
488 resulting from a driving incident.
489 Section 7. Paragraph (a) of subsection (3) and subsection
490 (14) of section 960.03, Florida Statutes, are amended to read:
491 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
492 960.01-960.28, unless the context otherwise requires, the term:
493 (3) “Crime” means:
494 (a) A felony or misdemeanor offense committed by either an
495 adult or a juvenile which results in physical injury or death,
496 including a felony or misdemeanor offense committed by either an
497 adult or a juvenile which results in psychiatric or
498 psychological injury to a person younger than 18 years of age
499 who was not physically injured by the criminal act. The term
500 also includes any such criminal act that which is committed
501 within this state but that which falls exclusively within
502 federal jurisdiction.
503 (14) “Victim” means:
504 (a) A person who suffers personal physical injury or death
505 as a direct result of a crime;
506 (b) A person younger than 18 years of age who was present
507 at the scene of a crime, saw or heard the crime, and suffered a
508 psychiatric or psychological injury because of the crime, but
509 who was not physically injured; or
510 (c) A person younger than 18 years of age who was the
511 victim of a felony or misdemeanor offense that resulted in a
512 psychiatric or psychological injury, but who was not physically
513 injured; or
514 (d)(c) A person against whom a forcible felony was
515 committed and who suffers a psychiatric or psychological injury
516 as a direct result of that crime but who does not otherwise
517 sustain a personal physical injury or death.
518 Section 8. This act shall take effect October 1, 2012.
