Bill Text: FL S1172 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 1172
By the Committee on Criminal Justice; and Senator Detert
591-03218-12 20121172c1
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.
107 (b) A physician may not provide expert testimony in a
108 criminal child abuse case regarding mental injury unless the
109 physician is a physician licensed under chapter 458 or chapter
110 459 who is board certified in psychiatry or has obtained
111 certification as an expert witness pursuant to s. 458.3175.
112 (c) A psychologist may not give expert testimony in a
113 criminal child abuse case regarding mental injury unless the
114 psychologist is licensed under chapter 490.
115 (d) The expert testimony requirements of this subsection
116 apply only to criminal child abuse cases and not to family court
117 or dependency court cases.
118 (4) For purposes of this section, “maliciously” means
119 wrongfully, intentionally, and without legal justification or
120 excuse. Maliciousness may be established by circumstances from
121 which one could conclude that a reasonable parent would not have
122 engaged in the damaging acts toward the child for any valid
123 reason and that the primary purpose of the acts was to cause the
124 victim unjustifiable pain or injury.
125 Section 2. Paragraph (d) of subsection (1) of section
126 775.084, Florida Statutes, is amended to read:
127 775.084 Violent career criminals; habitual felony offenders
128 and habitual violent felony offenders; three-time violent felony
129 offenders; definitions; procedure; enhanced penalties or
130 mandatory minimum prison terms.—
131 (1) As used in this act:
132 (d) “Violent career criminal” means a defendant for whom
133 the court must impose imprisonment pursuant to paragraph (4)(d),
134 if it finds that:
135 1. The defendant has previously been convicted as an adult
136 three or more times for an offense in this state or other
137 qualified offense that is:
138 a. Any forcible felony, as described in s. 776.08;
139 b. Aggravated stalking, as described in s. 784.048(3) and
140 (4);
141 c. Aggravated child abuse, as described in s. 827.03(2)(a);
142 d. Aggravated abuse of an elderly person or disabled adult,
143 as described in s. 825.102(2);
144 e. Lewd or lascivious battery, lewd or lascivious
145 molestation, lewd or lascivious conduct, or lewd or lascivious
146 exhibition, as described in s. 800.04 or s. 847.0135(5);
147 f. Escape, as described in s. 944.40; or
148 g. A felony violation of chapter 790 involving the use or
149 possession of a firearm.
150 2. The defendant has been incarcerated in a state prison or
151 a federal prison.
152 3. The primary felony offense for which the defendant is to
153 be sentenced is a felony enumerated in subparagraph 1. and was
154 committed on or after October 1, 1995, and:
155 a. While the defendant was serving a prison sentence or
156 other sentence, or court-ordered or lawfully imposed supervision
157 that is imposed as a result of a prior conviction for an
158 enumerated felony; or
159 b. Within 5 years after the conviction of the last prior
160 enumerated felony, or within 5 years after the defendant’s
161 release from a prison sentence, probation, community control,
162 control release, conditional release, parole, or court-ordered
163 or lawfully imposed supervision or other sentence that is
164 imposed as a result of a prior conviction for an enumerated
165 felony, whichever is later.
166 4. The defendant has not received a pardon for any felony
167 or other qualified offense that is necessary for the operation
168 of this paragraph.
169 5. A conviction of a felony or other qualified offense
170 necessary to the operation of this paragraph has not been set
171 aside in any postconviction proceeding.
172 Section 3. Subsection (1) of section 775.0877, Florida
173 Statutes, is amended to read:
174 775.0877 Criminal transmission of HIV; procedures;
175 penalties.—
176 (1) In any case in which a person has been convicted of or
177 has pled nolo contendere or guilty to, regardless of whether
178 adjudication is withheld, any of the following offenses, or the
179 attempt thereof, which offense or attempted offense involves the
180 transmission of body fluids from one person to another:
181 (a) Section 794.011, relating to sexual battery;
182 (b) Section 826.04, relating to incest;
183 (c) Section 800.04, relating to lewd or lascivious offenses
184 committed upon or in the presence of persons less than 16 years
185 of age;
186 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
187 relating to assault;
188 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
189 relating to aggravated assault;
190 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
191 relating to battery;
192 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
193 relating to aggravated battery;
194 (h) Section 827.03(2)(c)(1), relating to child abuse;
195 (i) Section 827.03(2)(a), relating to aggravated child
196 abuse;
197 (j) Section 825.102(1), relating to abuse of an elderly
198 person or disabled adult;
199 (k) Section 825.102(2), relating to aggravated abuse of an
200 elderly person or disabled adult;
201 (l) Section 827.071, relating to sexual performance by
202 person less than 18 years of age;
203 (m) Sections 796.03, 796.07, and 796.08, relating to
204 prostitution; or
205 (n) Section 381.0041(11)(b), relating to donation of blood,
206 plasma, organs, skin, or other human tissue,
207
208 the court shall order the offender to undergo HIV testing, to be
209 performed under the direction of the Department of Health in
210 accordance with s. 381.004, unless the offender has undergone
211 HIV testing voluntarily or pursuant to procedures established in
212 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
213 rule providing for HIV testing of criminal offenders or inmates,
214 subsequent to her or his arrest for an offense enumerated in
215 paragraphs (a)-(n) for which she or he was convicted or to which
216 she or he pled nolo contendere or guilty. The results of an HIV
217 test performed on an offender pursuant to this subsection are
218 not admissible in any criminal proceeding arising out of the
219 alleged offense.
220 Section 4. Subsection (3) of section 782.07, Florida
221 Statutes, is amended to read:
222 782.07 Manslaughter; aggravated manslaughter of an elderly
223 person or disabled adult; aggravated manslaughter of a child;
224 aggravated manslaughter of an officer, a firefighter, an
225 emergency medical technician, or a paramedic.—
226 (3) A person who causes the death of any person under the
227 age of 18 by culpable negligence under s. 827.03(2)(b)(3)
228 commits aggravated manslaughter of a child, a felony of the
229 first degree, punishable as provided in s. 775.082, s. 775.083,
230 or s. 775.084.
231 Section 5. Paragraphs (f), (g), and (i) of subsection (3)
232 of section 921.0022, Florida Statutes, are amended to read:
233 921.0022 Criminal Punishment Code; offense severity ranking
234 chart.—
235 (3) OFFENSE SEVERITY RANKING CHART
236 (f) LEVEL 6
237 FloridaStatute FelonyDegree Description
238 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
239 499.0051(3) 2nd Knowing forgery of pedigree papers.
240 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
241 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
242 775.0875(1) 3rd Taking firearm from law enforcement officer.
243 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
244 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
245 784.041 3rd Felony battery; domestic battery by strangulation.
246 784.048(3) 3rd Aggravated stalking; credible threat.
247 784.048(5) 3rd Aggravated stalking of person under 16.
248 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
249 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
250 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
251 784.081(2) 2nd Aggravated assault on specified official or employee.
252 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
253 784.083(2) 2nd Aggravated assault on code inspector.
254 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
255 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
256 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
257 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
258 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
259 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
260 794.05(1) 2nd Unlawful sexual activity with specified minor.
261 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
262 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
263 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
264 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
265 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
266 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
267 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
268 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
269 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
270 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
271 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
272 825.102(1) 3rd Abuse of an elderly person or disabled adult.
273 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
274 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
275 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
276 827.03(2)(c)827.03(1) 3rd Abuse of a child.
277 827.03(2)(d)827.03(3)(c) 3rd Neglect of a child.
278 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
279 836.05 2nd Threats; extortion.
280 836.10 2nd Written threats to kill or do bodily injury.
281 843.12 3rd Aids or assists person to escape.
282 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
283 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
284 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
285 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
286 944.35(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.
287 944.40 2nd Escapes.
288 944.46 3rd Harboring, concealing, aiding escaped prisoners.
289 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
290 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
291 (g) LEVEL 7
292 FloridaStatute FelonyDegree Description
293 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
294 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
295 316.1935(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.
296 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
297 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
298 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
299 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
300 456.065(2) 3rd Practicing a health care profession without a license.
301 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
302 458.327(1) 3rd Practicing medicine without a license.
303 459.013(1) 3rd Practicing osteopathic medicine without a license.
304 460.411(1) 3rd Practicing chiropractic medicine without a license.
305 461.012(1) 3rd Practicing podiatric medicine without a license.
306 462.17 3rd Practicing naturopathy without a license.
307 463.015(1) 3rd Practicing optometry without a license.
308 464.016(1) 3rd Practicing nursing without a license.
309 465.015(2) 3rd Practicing pharmacy without a license.
310 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
311 467.201 3rd Practicing midwifery without a license.
312 468.366 3rd Delivering respiratory care services without a license.
313 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
314 483.901(9) 3rd Practicing medical physics without a license.
315 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
316 484.053 3rd Dispensing hearing aids without a license.
317 494.0018(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.
318 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
319 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
320 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
321 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
322 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
323 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
324 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
325 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
326 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
327 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
328 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
329 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
330 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
331 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
332 784.048(7) 3rd Aggravated stalking; violation of court order.
333 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
334 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
335 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
336 784.081(1) 1st Aggravated battery on specified official or employee.
337 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
338 784.083(1) 1st Aggravated battery on code inspector.
339 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
340 790.16(1) 1st Discharge of a machine gun under specified circumstances.
341 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
342 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
343 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
344 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
345 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
346 794.08(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.
347 796.03 2nd Procuring any person under 16 years for prostitution.
348 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
349 800.04(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.
350 806.01(2) 2nd Maliciously damage structure by fire or explosive.
351 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
352 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
353 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
354 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
355 812.014(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.
356 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
357 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
358 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
359 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
360 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
361 812.131(2)(a) 2nd Robbery by sudden snatching.
362 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
363 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
364 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
365 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
366 817.2341 (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.
367 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
368 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
369 827.03(2)827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
370 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
371 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
372 838.015 2nd Bribery.
373 838.016 2nd Unlawful compensation or reward for official behavior.
374 838.021(3)(a) 2nd Unlawful harm to a public servant.
375 838.22 2nd Bid tampering.
376 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
377 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
378 872.06 2nd Abuse of a dead human body.
379 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
380 893.13(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.
381 893.13(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.
382 893.13(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).
383 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
384 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
385 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
386 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
387 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
388 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
389 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
390 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
391 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
392 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
393 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
394 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
395 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
396 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
397 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
398 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
399 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
400 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
401 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
402 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
403 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
404 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
405 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
406 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
407 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
408 (i) LEVEL 9
409 FloridaStatute FelonyDegree Description
410 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
411 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
412 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
413 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
414 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
415 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
416 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
417 775.0844 1st Aggravated white collar crime.
418 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
419 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
420 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
421 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
422 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
423 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
424 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
425 787.02(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.
426 790.161 1st Attempted capital destructive device offense.
427 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
428 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
429 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
430 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
431 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
432 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
433 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
434 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
435 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
436 812.135(2)(b) 1st Home-invasion robbery with weapon.
437 817.568(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.
438 827.03(2)(a)827.03(2) 1st Aggravated child abuse.
439 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
440 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
441 859.01 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.
442 893.135 1st Attempted capital trafficking offense.
443 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
444 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
445 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
446 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
447 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
448 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
449 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
450 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
451 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
452 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
453 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
454 Section 6. Subsection (1) of section 948.062, Florida
455 Statutes, is amended to read:
456 948.062 Reviewing and reporting serious offenses committed
457 by offenders placed on probation or community control.—
458 (1) The department shall review the circumstances related
459 to an offender placed on probation or community control who has
460 been arrested while on supervision for the following offenses:
461 (a) Any murder as provided in s. 782.04;
462 (b) Any sexual battery as provided in s. 794.011 or s.
463 794.023;
464 (c) Any sexual performance by a child as provided in s.
465 827.071;
466 (d) Any kidnapping, false imprisonment, or luring of a
467 child as provided in s. 787.01, s. 787.02, or s. 787.025;
468 (e) Any lewd and lascivious battery or lewd and lascivious
469 molestation as provided in s. 800.04(4) or (5);
470 (f) Any aggravated child abuse as provided in s.
471 827.03(2)(a) s. 827.03(2);
472 (g) Any robbery with a firearm or other deadly weapon, home
473 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
474 s. 812.135, or s. 812.133;
475 (h) Any aggravated stalking as provided in s. 784.048(3),
476 (4), or (5);
477 (i) Any forcible felony as provided in s. 776.08, committed
478 by a any person on probation or community control who is
479 designated as a sexual predator; or
480 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
481 or vehicular or vessel homicide as provided in s. 782.071 or s.
482 782.072, committed by a any person who is on probation or
483 community control for an offense involving death or injury
484 resulting from a driving incident.
485 Section 7. Paragraph (a) of subsection (3) and subsection
486 (14) of section 960.03, Florida Statutes, are amended to read:
487 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
488 960.01-960.28, unless the context otherwise requires, the term:
489 (3) “Crime” means:
490 (a) A felony or misdemeanor offense committed by either an
491 adult or a juvenile which results in physical injury or death,
492 including a felony or misdemeanor offense committed by either an
493 adult or a juvenile which results in psychiatric or
494 psychological injury to a person younger than 18 years of age
495 who was not physically injured by the criminal act. The term
496 also includes any such criminal act that which is committed
497 within this state but that which falls exclusively within
498 federal jurisdiction.
499 (14) “Victim” means:
500 (a) A person who suffers personal physical injury or death
501 as a direct result of a crime;
502 (b) A person younger than 18 years of age who was present
503 at the scene of a crime, saw or heard the crime, and suffered a
504 psychiatric or psychological injury because of the crime, but
505 who was not physically injured; or
506 (c) A person younger than 18 years of age who was the
507 victim of a felony or misdemeanor offense that resulted in a
508 psychiatric or psychological injury, but who was not physically
509 injured; or
510 (d)(c) A person against whom a forcible felony was
511 committed and who suffers a psychiatric or psychological injury
512 as a direct result of that crime but who does not otherwise
513 sustain a personal physical injury or death.
514 Section 8. This act shall take effect October 1, 2012.
