Bill Text: FL S1222 | 2013 | Regular Session | Introduced
Bill Title: Protection of Vulnerable Persons
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Judiciary [S1222 Detail]
Download: Florida-2013-S1222-Introduced.html
Florida Senate - 2013 SB 1222
By Senator Richter
23-00887A-13 20131222__
1 A bill to be entitled
2 An act relating to protection of vulnerable persons;
3 amending s. 812.0145, F.S.; reducing the minimum
4 amount of a theft from a person 65 years of age or
5 older that constitutes a felony of the third degree;
6 providing criminal penalties; amending s. 825.101,
7 F.S.; revising definitions; adding the definitions for
8 the terms “impaired” and “vulnerable adult”; amending
9 s. 825.102, F.S.; revising terminology to prohibit
10 specified offenses against a vulnerable adult;
11 amending s. 825.1025, F.S.; revising terminology to
12 prohibit specified lewd and lascivious offenses
13 committed upon or in the presence of a vulnerable
14 adult; conforming provisions to changes made by the
15 act; amending s. 825.103, F.S.; revising terminology
16 to prohibit specified offenses involving exploitation
17 of a vulnerable adult; conforming provisions to
18 changes made by the act; amending s. 825.105, F.S.;
19 revising terminology to provide legislative intent
20 relating to good faith assistance to a vulnerable
21 adult; amending s. 825.106, F.S.; revising terminology
22 concerning speedy trial of specified offenses;
23 amending ss. 90.803, 435.04, 775.084, 775.0844,
24 775.0877, 782.07, 921.0022, 948.06, 960.003, and
25 1012.315, F.S.; conforming provisions to changes made
26 by the act; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (c) of subsection (2) of section
31 812.0145, Florida Statutes, is amended to read:
32 812.0145 Theft from persons 65 years of age or older;
33 reclassification of offenses.—
34 (2) Whenever a person is charged with committing theft from
35 a person 65 years of age or older, when he or she knows or has
36 reason to believe that the victim was 65 years of age or older,
37 the offense for which the person is charged shall be
38 reclassified as follows:
39 (c) If the funds, assets, or property involved in the theft
40 from a person 65 years of age or older is valued at $300 or
41 more, but less than $10,000, the offender commits a felony of
42 the third degree, punishable as provided in s. 775.082, s.
43 775.083, or s. 775.084.
44 Section 2. Section 825.101, Florida Statutes, is amended to
45 read:
46 825.101 Definitions.—As used in this chapter:
47 (1) “Business relationship” means a relationship between
48 two or more individuals or entities where there exists an oral
49 or written contract or agreement for goods or services.
50 (2) “Caregiver” means a person who has been entrusted with
51 or has assumed responsibility for the care or the property of a
52 vulnerable an elderly person or disabled adult. “Caregiver”
53 includes, but is not limited to, relatives, court-appointed or
54 voluntary guardians, adult household members, neighbors, health
55 care providers, and employees and volunteers of facilities as
56 defined in subsection (4) (7).
57 (3) “Deception” means:
58 (a) Misrepresenting or concealing a material fact relating
59 to:
60 1. Services rendered, disposition of property, or use of
61 property, when such services or property are intended to benefit
62 an elderly person or disabled adult;
63 2. Terms of a contract or agreement entered into with an
64 elderly person or disabled adult; or
65 3. An existing or preexisting condition of any property
66 involved in a contract or agreement entered into with an elderly
67 person or disabled adult; or
68 (b) Using any misrepresentation, false pretense, or false
69 promise in order to induce, encourage, or solicit an elderly
70 person or disabled adult to enter into a contract or agreement.
71 (4) “Disabled adult” means a person 18 years of age or
72 older who suffers from a condition of physical or mental
73 incapacitation due to a developmental disability, organic brain
74 damage, or mental illness, or who has one or more physical or
75 mental limitations that restrict the person’s ability to perform
76 the normal activities of daily living.
77 (5) “Elderly person” means a person 60 years of age or
78 older who is suffering from the infirmities of aging as
79 manifested by advanced age or organic brain damage, or other
80 physical, mental, or emotional dysfunctioning, to the extent
81 that the ability of the person to provide adequately for the
82 person’s own care or protection is impaired.
83 (3)(6) “Endeavor” means to attempt or try.
84 (4)(7) “Facility” means any location providing day or
85 residential care or treatment for vulnerable elderly persons or
86 disabled adults. The term “facility” may include, but is not
87 limited to, any hospital, training center, state institution,
88 nursing home, assisted living facility, adult family-care home,
89 adult day care center, group home, mental health treatment
90 center, or continuing care community.
91 (5)(8) “Impaired” means any loss or abnormality of
92 psychological, physiological, or anatomical structure or
93 function due to a mental, emotional, sensory, long-term
94 physical, or developmental disability or dysfunction, brain
95 damage, or the infirmities of aging which results in a
96 vulnerable adult’s decreased ability to perform mental tasks and
97 physical activities of daily living as defined in s. 415.102.
98 “Intimidation” means the communication by word or act to an
99 elderly person or disabled adult that the elderly person or
100 disabled adult will be deprived of food, nutrition, clothing,
101 shelter, supervision, medicine, medical services, money, or
102 financial support or will suffer physical violence.
103 (9) “Lacks capacity to consent” means an impairment by
104 reason of mental illness, developmental disability, organic
105 brain disorder, physical illness or disability, chronic use of
106 drugs, chronic intoxication, short-term memory loss, or other
107 cause, that causes an elderly person or disabled adult to lack
108 sufficient understanding or capacity to make or communicate
109 reasonable decisions concerning the elderly person’s or disabled
110 adult’s person or property.
111 (6)(10) “Obtains or uses” means any manner of:
112 (a) Taking or exercising control over property; or
113 (b) Making any use, disposition, or transfer of property.
114 (7)(11) “Position of trust and confidence” with respect to
115 a vulnerable an elderly person or a disabled adult means the
116 position of a person who:
117 (a) Is a parent, spouse, adult child, or other relative by
118 blood or marriage of the vulnerable elderly person or disabled
119 adult;
120 (b) Is a joint tenant or tenant in common with the
121 vulnerable elderly person or disabled adult;
122 (c) Has a legal or fiduciary relationship with the
123 vulnerable elderly person or disabled adult, including, but not
124 limited to, a court-appointed or voluntary guardian, trustee,
125 attorney, or conservator;
126 (d) Is a caregiver of the vulnerable elderly person or
127 disabled adult; or
128 (e) Is any other person who has been entrusted with or has
129 assumed responsibility for the use or management of the
130 vulnerable elderly person’s or disabled adult’s funds, assets,
131 or property.
132 (8)(12) “Property” means anything of value and includes:
133 (a) Real property, including things growing on, affixed to,
134 and found in land.
135 (b) Tangible or intangible personal property, including
136 rights, privileges, interests, and claims.
137 (c) Services.
138 (9)(13) “Services” means anything of value resulting from a
139 person’s physical or mental labor or skill, or from the use,
140 possession, or presence of property, and includes:
141 (a) Repairs or improvements to property.
142 (b) Professional services.
143 (c) Private, public, or governmental communication,
144 transportation, power, water, or sanitation services.
145 (d) Lodging accommodations.
146 (e) Admissions to places of exhibition or entertainment.
147 (10)(14) “Value” means value determined according to any of
148 the following:
149 (a)1. The market value of the property at the time and
150 place of the offense or, if the market value cannot be
151 satisfactorily ascertained, the cost of replacing the property
152 within a reasonable time after the offense.
153 2. In the case of a written instrument such as a check,
154 draft, or promissory note, which does not have a readily
155 ascertainable market value, the value is the amount due or
156 collectible. The value of any other instrument that creates,
157 releases, discharges, or otherwise affects any valuable legal
158 right, privilege, or obligation is the greatest amount of
159 economic loss that the owner of the instrument might reasonably
160 suffer by the loss of the instrument.
161 3. The value of a trade secret that does not have a readily
162 ascertainable market value is any reasonable value representing
163 the damage to the owner suffered by reason of losing advantage
164 over those who do not know of or use the trade secret.
165 (b) If the value of the property cannot be ascertained, the
166 trier of fact may find the value to be not less than a certain
167 amount; if no such minimum value can be ascertained, the value
168 is an amount less than $100.
169 (c) Amounts of value of separate properties involved in
170 exploitation committed pursuant to one scheme or course of
171 conduct, whether the exploitation involves the same person or
172 several persons, may be aggregated in determining the degree of
173 the offense.
174 (11) “Vulnerable adult” means a person 18 years of age or
175 older whose ability to perform the normal activities of daily
176 living or to provide for his or her own care or protection is
177 impaired.
178 Section 3. Section 825.102, Florida Statutes, is amended to
179 read:
180 825.102 Abuse, aggravated abuse, and neglect of a
181 vulnerable an elderly person or disabled adult; penalties.—
182 (1) “Abuse of a vulnerable an elderly person or disabled
183 adult” means:
184 (a) Intentional infliction of physical or psychological
185 injury upon a vulnerable an elderly person or disabled adult;
186 (b) An intentional act that could reasonably be expected to
187 result in physical or psychological injury to a vulnerable an
188 elderly person or disabled adult; or
189 (c) Active encouragement of any person to commit an act
190 that results or could reasonably be expected to result in
191 physical or psychological injury to a vulnerable an elderly
192 person or disabled adult.
193
194 A person who knowingly or willfully abuses a vulnerable an
195 elderly person or disabled adult without causing great bodily
196 harm, permanent disability, or permanent disfigurement to the
197 vulnerable elderly person or disabled adult commits a felony of
198 the third degree, punishable as provided in s. 775.082, s.
199 775.083, or s. 775.084.
200 (2) “Aggravated abuse of a vulnerable an elderly person or
201 disabled adult” occurs when a person:
202 (a) Commits aggravated battery on a vulnerable an elderly
203 person or disabled adult;
204 (b) Willfully tortures, maliciously punishes, or willfully
205 and unlawfully cages, a vulnerable an elderly person or disabled
206 adult; or
207 (c) Knowingly or willfully abuses a vulnerable an elderly
208 person or disabled adult and in so doing causes great bodily
209 harm, permanent disability, or permanent disfigurement to the
210 vulnerable elderly person or disabled adult.
211
212 A person who commits aggravated abuse of a vulnerable an elderly
213 person or disabled adult commits a felony of the first degree,
214 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
215 (3)(a) “Neglect of a vulnerable an elderly person or
216 disabled adult” means:
217 1. A caregiver’s failure or omission to provide a
218 vulnerable an elderly person or disabled adult with the care,
219 supervision, and services necessary to maintain the vulnerable
220 elderly person’s or disabled adult’s physical and mental health,
221 including, but not limited to, food, nutrition, clothing,
222 shelter, supervision, medicine, and medical services that a
223 prudent person would consider essential for the well-being of
224 the vulnerable elderly person or disabled adult; or
225 2. A caregiver’s failure to make a reasonable effort to
226 protect a vulnerable an elderly person or disabled adult from
227 abuse, neglect, or exploitation by another person.
228
229 Neglect of a vulnerable an elderly person or disabled adult may
230 be based on repeated conduct or on a single incident or omission
231 that results in, or could reasonably be expected to result in,
232 serious physical or psychological injury, or a substantial risk
233 of death, to a vulnerable an elderly person or disabled adult.
234 (b) A person who willfully or by culpable negligence
235 neglects a vulnerable an elderly person or disabled adult and in
236 so doing causes great bodily harm, permanent disability, or
237 permanent disfigurement to the a vulnerable elderly person or
238 disabled adult commits a felony of the second degree, punishable
239 as provided in s. 775.082, s. 775.083, or s. 775.084.
240 (c) A person who willfully or by culpable negligence
241 neglects a vulnerable an elderly person or disabled adult
242 without causing great bodily harm, permanent disability, or
243 permanent disfigurement to the vulnerable elderly person or
244 disabled adult commits a felony of the third degree, punishable
245 as provided in s. 775.082, s. 775.083, or s. 775.084.
246 Section 4. Section 825.1025, Florida Statutes, is amended
247 to read:
248 825.1025 Lewd or lascivious offenses committed upon or in
249 the presence of a vulnerable adult an elderly person or disabled
250 person.—
251 (1) As used in this section, “sexual activity” means the
252 oral, anal, or vaginal penetration by, or union with, the sexual
253 organ of another or the anal or vaginal penetration of another
254 by any other object; however, sexual activity does not include
255 an act done for a bona fide medical purpose.
256 (2)(a) “Lewd or lascivious battery upon a vulnerable adult
257 an elderly person or disabled person” occurs when a person
258 encourages, forces, or entices a vulnerable adult an elderly
259 person or disabled person to engage in sadomasochistic abuse,
260 sexual bestiality, prostitution, or any other act involving
261 sexual activity, when the person knows or reasonably should know
262 that the vulnerable adult’s ability elderly person or disabled
263 person either lacks the capacity to consent is impaired or the
264 vulnerable adult fails to give consent.
265 (b) A person who commits lewd or lascivious battery upon a
266 vulnerable adult an elderly person or disabled person commits a
267 felony of the second degree, punishable as provided in s.
268 775.082, s. 775.083, or s. 775.084.
269 (3)(a) “Lewd or lascivious molestation of a vulnerable
270 adult an elderly person or disabled person” occurs when a person
271 intentionally touches in a lewd or lascivious manner the
272 breasts, genitals, genital area, or buttocks, or the clothing
273 covering them, of a vulnerable adult an elderly person or
274 disabled person when the person knows or reasonably should know
275 that the vulnerable adult’s ability elderly person or disabled
276 person either lacks the capacity to consent is impaired or the
277 vulnerable adult fails to give consent.
278 (b) A person who commits lewd or lascivious molestation of
279 a vulnerable adult an elderly person or disabled person commits
280 a felony of the third degree, punishable as provided in s.
281 775.082, s. 775.083, or s. 775.084.
282 (4)(a) “Lewd or lascivious exhibition in the presence of a
283 vulnerable adult an elderly person or disabled person” occurs
284 when a person, in the presence of a vulnerable adult an elderly
285 person or disabled person:
286 1. Intentionally masturbates;
287 2. Intentionally exposes his or her genitals in a lewd or
288 lascivious manner; or
289 3. Intentionally commits any other lewd or lascivious act
290 that does not involve actual physical or sexual contact with the
291 vulnerable adult elderly person or disabled person, including
292 but not limited to, sadomasochistic abuse, sexual bestiality, or
293 the simulation of any act involving sexual activity,
294
295 when the person knows or reasonably should know that the
296 vulnerable adult’s ability elderly person or disabled person
297 either lacks the capacity to consent or fails to give consent to
298 having such act committed in his or her presence is impaired or
299 the vulnerable adult fails to give consent.
300 (b) A person who commits a lewd or lascivious exhibition in
301 the presence of a vulnerable adult an elderly person or disabled
302 person commits a felony of the third degree, punishable as
303 provided in s. 775.082, s. 775.083, or s. 775.084.
304 Section 5. Section 825.103, Florida Statutes, is amended to
305 read:
306 825.103 Exploitation of a vulnerable an elderly person or
307 disabled adult; penalties.—
308 (1) “Exploitation of a vulnerable an elderly person or
309 disabled adult” means:
310 (a) Knowingly, by deception or intimidation, obtaining or
311 using, or endeavoring to obtain or use, the vulnerable an
312 elderly person’s or disabled adult’s funds, assets, or property
313 with the intent to temporarily or permanently deprive the
314 vulnerable elderly person or disabled adult of the use, benefit,
315 or possession of the funds, assets, or property, or to benefit
316 someone other than the vulnerable elderly person or disabled
317 adult, by a person who:
318 1. Stands in a position of trust and confidence with the
319 vulnerable elderly person or disabled adult; or
320 2. Has a business relationship with the vulnerable elderly
321 person or disabled adult;
322 (b) Obtaining or using, endeavoring to obtain or use, or
323 conspiring with another to obtain or use a vulnerable an elderly
324 person’s or disabled adult’s funds, assets, or property with the
325 intent to temporarily or permanently deprive the vulnerable
326 elderly person or disabled adult of the use, benefit, or
327 possession of the funds, assets, or property, or to benefit
328 someone other than the vulnerable elderly person or disabled
329 adult, by a person who knows or reasonably should know that the
330 vulnerable adult’s ability elderly person or disabled adult
331 lacks the capacity to consent is impaired; or
332 (c) Breach of a fiduciary duty to a vulnerable an elderly
333 person or disabled adult by his or her the person’s guardian or
334 agent under a power of attorney which results in an unauthorized
335 appropriation, sale, or transfer of property.
336 (2)(a) If the funds, assets, or property involved in the
337 exploitation of a vulnerable the elderly person or disabled
338 adult is valued at $100,000 or more, the offender commits a
339 felony of the first degree, punishable as provided in s.
340 775.082, s. 775.083, or s. 775.084.
341 (b) If the funds, assets, or property involved in the
342 exploitation of the vulnerable elderly person or disabled adult
343 is valued at $20,000 or more, but less than $100,000, the
344 offender commits a felony of the second degree, punishable as
345 provided in s. 775.082, s. 775.083, or s. 775.084.
346 (c) If the funds, assets, or property involved in the
347 exploitation of a vulnerable an elderly person or disabled adult
348 is valued at less than $20,000, the offender commits a felony of
349 the third degree, punishable as provided in s. 775.082, s.
350 775.083, or s. 775.084.
351 Section 6. Section 825.105, Florida Statutes, is amended to
352 read:
353 825.105 Good faith assistance.—This chapter is not intended
354 to impose criminal liability on a person who makes a good faith
355 effort to assist a vulnerable an elderly person or disabled
356 adult in the management of the funds, assets, or property of the
357 vulnerable elderly person or disabled adult, which effort fails
358 through no fault of the person.
359 Section 7. Section 825.106, Florida Statutes, is amended to
360 read:
361 825.106 Criminal actions involving vulnerable elderly
362 persons or disabled adults; speedy trial.—In a criminal action
363 in which a vulnerable an elderly person or disabled adult is a
364 victim, the state may move the court to advance the trial on the
365 docket. The presiding judge, after consideration of the age and
366 health of the victim, may advance the trial on the docket. The
367 motion may be filed and served with the information or charges
368 or at any time thereafter.
369 Section 8. Paragraph (a) of subsection (24) of section
370 90.803, Florida Statutes, is amended to read:
371 90.803 Hearsay exceptions; availability of declarant
372 immaterial.—The provision of s. 90.802 to the contrary
373 notwithstanding, the following are not inadmissible as evidence,
374 even though the declarant is available as a witness:
375 (24) HEARSAY EXCEPTION; STATEMENT OF VULNERABLE ELDERLY
376 PERSON OR DISABLED ADULT.—
377 (a) Unless the source of information or the method or
378 circumstances by which the statement is reported indicates a
379 lack of trustworthiness, an out-of-court statement made by a
380 vulnerable an elderly person or disabled adult, as defined in s.
381 825.101, describing any act of abuse or neglect, any act of
382 exploitation, the offense of battery or aggravated battery or
383 assault or aggravated assault or sexual battery, or any other
384 violent act on the declarant vulnerable elderly person or
385 disabled adult, not otherwise admissible, is admissible in
386 evidence in any civil or criminal proceeding if:
387 1. The court finds in a hearing conducted outside the
388 presence of the jury that the time, content, and circumstances
389 of the statement provide sufficient safeguards of reliability.
390 In making its determination, the court may consider the mental
391 and physical age and maturity of the vulnerable elderly person
392 or disabled adult, the nature and duration of the abuse or
393 offense, the relationship of the victim to the offender, the
394 reliability of the assertion, the reliability of the vulnerable
395 elderly person or disabled adult, and any other factor deemed
396 appropriate; and
397 2. The vulnerable elderly person or disabled adult either:
398 a. Testifies; or
399 b. Is unavailable as a witness, provided that there is
400 corroborative evidence of the abuse or offense. Unavailability
401 shall include a finding by the court that the vulnerable adult
402 is impaired, as defined in s. 825.101, or that the vulnerable
403 elderly person’s or disabled adult’s participation in the trial
404 or proceeding would result in a substantial likelihood of severe
405 emotional, mental, or physical harm, in addition to findings
406 pursuant to s. 90.804(1).
407 Section 9. Paragraphs (dd), (ee), and (ff) of subsection
408 (2) of section 435.04, Florida Statutes, are amended to read:
409 435.04 Level 2 screening standards.—
410 (2) The security background investigations under this
411 section must ensure that no persons subject to the provisions of
412 this section have been arrested for and are awaiting final
413 disposition of, have been found guilty of, regardless of
414 adjudication, or entered a plea of nolo contendere or guilty to,
415 or have been adjudicated delinquent and the record has not been
416 sealed or expunged for, any offense prohibited under any of the
417 following provisions of state law or similar law of another
418 jurisdiction:
419 (dd) Section 825.102, relating to abuse, aggravated abuse,
420 or neglect of a vulnerable an elderly person or disabled adult.
421 (ee) Section 825.1025, relating to lewd or lascivious
422 offenses committed upon or in the presence of a vulnerable an
423 elderly person or disabled adult.
424 (ff) Section 825.103, relating to exploitation of a
425 vulnerable an elderly person or disabled adult, if the offense
426 was a felony.
427 Section 10. Paragraph (d) of subsection (1) of section
428 775.084, Florida Statutes, is amended to read:
429 775.084 Violent career criminals; habitual felony offenders
430 and habitual violent felony offenders; three-time violent felony
431 offenders; definitions; procedure; enhanced penalties or
432 mandatory minimum prison terms.—
433 (1) As used in this act:
434 (d) “Violent career criminal” means a defendant for whom
435 the court must impose imprisonment pursuant to paragraph (4)(d),
436 if it finds that:
437 1. The defendant has previously been convicted as an adult
438 three or more times for an offense in this state or other
439 qualified offense that is:
440 a. Any forcible felony, as described in s. 776.08;
441 b. Aggravated stalking, as described in s. 784.048(3) and
442 (4);
443 c. Aggravated child abuse, as described in s. 827.03(2)(a);
444 d. Aggravated abuse of a vulnerable an elderly person or
445 disabled adult, as described in s. 825.102(2);
446 e. Lewd or lascivious battery, lewd or lascivious
447 molestation, lewd or lascivious conduct, or lewd or lascivious
448 exhibition, as described in s. 800.04 or s. 847.0135(5);
449 f. Escape, as described in s. 944.40; or
450 g. A felony violation of chapter 790 involving the use or
451 possession of a firearm.
452 2. The defendant has been incarcerated in a state prison or
453 a federal prison.
454 3. The primary felony offense for which the defendant is to
455 be sentenced is a felony enumerated in subparagraph 1. and was
456 committed on or after October 1, 1995, and:
457 a. While the defendant was serving a prison sentence or
458 other sentence, or court-ordered or lawfully imposed supervision
459 that is imposed as a result of a prior conviction for an
460 enumerated felony; or
461 b. Within 5 years after the conviction of the last prior
462 enumerated felony, or within 5 years after the defendant’s
463 release from a prison sentence, probation, community control,
464 control release, conditional release, parole, or court-ordered
465 or lawfully imposed supervision or other sentence that is
466 imposed as a result of a prior conviction for an enumerated
467 felony, whichever is later.
468 4. The defendant has not received a pardon for any felony
469 or other qualified offense that is necessary for the operation
470 of this paragraph.
471 5. A conviction of a felony or other qualified offense
472 necessary to the operation of this paragraph has not been set
473 aside in any postconviction proceeding.
474 Section 11. Paragraph (a) of subsection (5) of section
475 775.0844, Florida Statutes, is amended to read:
476 775.0844 White Collar Crime Victim Protection Act.—
477 (5) Any person who commits an aggravated white collar crime
478 as defined in this section and in so doing either:
479 (a) Victimizes 10 or more vulnerable adults elderly
480 persons, as defined in s. 825.101(5);
481
482 and thereby obtains or attempts to obtain $50,000 or more,
483 commits a felony of the first degree, punishable as provided in
484 s. 775.082, s. 775.083, or s. 775.084.
485 Section 12. Paragraphs (j) and (k) of subsection (1) of
486 section 775.0877, Florida Statutes, are amended to read:
487 775.0877 Criminal transmission of HIV; procedures;
488 penalties.—
489 (1) In any case in which a person has been convicted of or
490 has pled nolo contendere or guilty to, regardless of whether
491 adjudication is withheld, any of the following offenses, or the
492 attempt thereof, which offense or attempted offense involves the
493 transmission of body fluids from one person to another:
494 (j) Section 825.102(1), relating to abuse of a vulnerable
495 an elderly person or disabled adult;
496 (k) Section 825.102(2), relating to aggravated abuse of a
497 vulnerable an elderly person or disabled adult;
498
499 the court shall order the offender to undergo HIV testing, to be
500 performed under the direction of the Department of Health in
501 accordance with s. 381.004, unless the offender has undergone
502 HIV testing voluntarily or pursuant to procedures established in
503 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
504 rule providing for HIV testing of criminal offenders or inmates,
505 subsequent to her or his arrest for an offense enumerated in
506 paragraphs (a)-(n) for which she or he was convicted or to which
507 she or he pled nolo contendere or guilty. The results of an HIV
508 test performed on an offender pursuant to this subsection are
509 not admissible in any criminal proceeding arising out of the
510 alleged offense.
511 Section 13. Subsection (2) of section 782.07, Florida
512 Statutes, is amended to read:
513 782.07 Manslaughter; aggravated manslaughter of a
514 vulnerable an elderly person or disabled adult; aggravated
515 manslaughter of a child; aggravated manslaughter of an officer,
516 a firefighter, an emergency medical technician, or a paramedic.—
517 (2) A person who causes the death of a vulnerable any
518 elderly person or disabled adult by culpable negligence under s.
519 825.102(3) commits aggravated manslaughter of a vulnerable an
520 elderly person or disabled adult, a felony of the first degree,
521 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
522 Section 14. Paragraphs (c), (e), (f), (g), and (h) of
523 subsection (3) of section 921.0022, Florida Statutes, are
524 amended to read:
525 921.0022 Criminal Punishment Code; offense severity ranking
526 chart.—
527 (3) OFFENSE SEVERITY RANKING CHART
528 (c) LEVEL 3
529 FloridaStatute FelonyDegree Description
530 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
531 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
532 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
533 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
534 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
535 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
536 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
537 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
538 327.35(2)(b) 3rd Felony BUI.
539 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
540 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
541 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
542 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
543 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
544 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information.
545 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
546 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
547 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
548 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
549 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
550 697.08 3rd Equity skimming.
551 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
552 796.05(1) 3rd Live on earnings of a prostitute.
553 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
554 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
555 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
556 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
557 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $1 $300 or more but less than $10,000.
558 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
559 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
560 817.233 3rd Burning to defraud insurer.
561 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
562 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
563 817.236 3rd Filing a false motor vehicle insurance application.
564 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
565 817.413(2) 3rd Sale of used goods as new.
566 817.505(4) 3rd Patient brokering.
567 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
568 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
569 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards.
570 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
571 843.19 3rd Injure, disable, or kill police dog or horse.
572 860.15(3) 3rd Overcharging for repairs and parts.
573 870.01(2) 3rd Riot; inciting or encouraging.
574 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
575 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
576 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
577 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
578 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
579 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
580 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
581 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
582 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
583 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
584 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
585 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
586 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
587 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
588 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
589 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
590 (e) LEVEL 5
591 FloridaStatute FelonyDegree Description
592 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
593 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
594 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
595 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
596 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
597 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
598 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
599 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
600 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
601 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
602 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
603 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
604 790.01(2) 3rd Carrying a concealed firearm.
605 790.162 2nd Threat to throw or discharge destructive device.
606 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
607 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
608 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
609 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
610 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
611 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
612 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
613 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
614 812.019(1) 2nd Stolen property; dealing in or trafficking in.
615 812.131(2)(b) 3rd Robbery by sudden snatching.
616 812.16(2) 3rd Owning, operating, or conducting a chop shop.
617 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
618 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
619 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
620 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
621 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
622 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of a vulnerable an elderly person or disabled adult.
623 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
624 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
625 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
626 843.01 3rd Resist officer with violence to person; resist arrest with violence.
627 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
628 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
629 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
630 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
631 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
632 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
633 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
634 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
635 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
636 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
637 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
638 (f) LEVEL 6
639 FloridaStatute FelonyDegree Description
640 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
641 499.0051(3) 2nd Knowing forgery of pedigree papers.
642 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
643 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
644 775.0875(1) 3rd Taking firearm from law enforcement officer.
645 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
646 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
647 784.041 3rd Felony battery; domestic battery by strangulation.
648 784.048(3) 3rd Aggravated stalking; credible threat.
649 784.048(5) 3rd Aggravated stalking of person under 16.
650 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
651 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
652 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
653 784.081(2) 2nd Aggravated assault on specified official or employee.
654 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
655 784.083(2) 2nd Aggravated assault on code inspector.
656 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
657 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
658 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
659 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
660 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
661 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
662 794.05(1) 2nd Unlawful sexual activity with specified minor.
663 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
664 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
665 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
666 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
667 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
668 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
669 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
670 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
671 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
672 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
673 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
674 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
675 825.102(1) 3rd Abuse of a vulnerable an elderly person or disabled adult.
676 825.102(3)(c) 3rd Neglect of a vulnerable an elderly person or disabled adult.
677 825.1025(3) 3rd Lewd or lascivious molestation of a vulnerable an elderly person or disabled adult.
678 825.103(2)(c) 3rd Exploiting a vulnerable an elderly person or disabled adult and property is valued at less than $20,000.
679 827.03(2)(c) 3rd Abuse of a child.
680 827.03(2)(d) 3rd Neglect of a child.
681 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
682 836.05 2nd Threats; extortion.
683 836.10 2nd Written threats to kill or do bodily injury.
684 843.12 3rd Aids or assists person to escape.
685 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
686 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
687 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
688 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
689 944.35(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.
690 944.40 2nd Escapes.
691 944.46 3rd Harboring, concealing, aiding escaped prisoners.
692 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
693 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
694 (g) LEVEL 7
695 FloridaStatute FelonyDegree Description
696 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
697 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
698 316.1935(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.
699 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
700 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
701 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
702 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
703 456.065(2) 3rd Practicing a health care profession without a license.
704 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
705 458.327(1) 3rd Practicing medicine without a license.
706 459.013(1) 3rd Practicing osteopathic medicine without a license.
707 460.411(1) 3rd Practicing chiropractic medicine without a license.
708 461.012(1) 3rd Practicing podiatric medicine without a license.
709 462.17 3rd Practicing naturopathy without a license.
710 463.015(1) 3rd Practicing optometry without a license.
711 464.016(1) 3rd Practicing nursing without a license.
712 465.015(2) 3rd Practicing pharmacy without a license.
713 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
714 467.201 3rd Practicing midwifery without a license.
715 468.366 3rd Delivering respiratory care services without a license.
716 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
717 483.901(9) 3rd Practicing medical physics without a license.
718 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
719 484.053 3rd Dispensing hearing aids without a license.
720 494.0018(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.
721 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
722 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
723 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
724 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
725 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
726 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
727 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
728 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
729 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
730 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
731 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
732 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
733 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
734 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
735 784.048(7) 3rd Aggravated stalking; violation of court order.
736 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
737 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
738 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
739 784.081(1) 1st Aggravated battery on specified official or employee.
740 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
741 784.083(1) 1st Aggravated battery on code inspector.
742 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
743 787.06(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.
744 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
745 790.16(1) 1st Discharge of a machine gun under specified circumstances.
746 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
747 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
748 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
749 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
750 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
751 794.08(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.
752 796.03 2nd Procuring any person under 16 years for prostitution.
753 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
754 800.04(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.
755 806.01(2) 2nd Maliciously damage structure by fire or explosive.
756 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
757 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
758 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
759 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
760 812.014(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.
761 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
762 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
763 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
764 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
765 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
766 812.131(2)(a) 2nd Robbery by sudden snatching.
767 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
768 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
769 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
770 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
771 817.2341 (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.
772 825.102(3)(b) 2nd Neglecting a vulnerable an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
773 825.103(2)(b) 2nd Exploiting a vulnerable an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
774 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
775 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
776 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
777 838.015 2nd Bribery.
778 838.016 2nd Unlawful compensation or reward for official behavior.
779 838.021(3)(a) 2nd Unlawful harm to a public servant.
780 838.22 2nd Bid tampering.
781 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
782 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
783 872.06 2nd Abuse of a dead human body.
784 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
785 893.13(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.
786 893.13(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.
787 893.13(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).
788 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
789 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
790 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
791 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
792 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
793 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
794 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
795 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
796 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
797 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
798 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
799 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
800 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
801 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
802 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
803 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
804 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
805 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
806 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
807 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
808 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
809 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
810 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
811 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
812 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
813 (h) LEVEL 8
814 FloridaStatute FelonyDegree Description
815 316.193 (3)(c)3.a. 2nd DUI manslaughter.
816 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
817 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
818 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
819 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
820 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
821 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
822 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
823 777.03(2)(a) 1st Accessory after the fact, capital felony.
824 782.04(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.
825 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
826 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
827 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
828 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
829 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
830 787.06(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.
831 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
832 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
833 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
834 800.04(4) 2nd Lewd or lascivious battery.
835 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
836 810.02(2)(a) 1st,PBL Burglary with assault or battery.
837 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
838 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
839 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
840 812.13(2)(b) 1st Robbery with a weapon.
841 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
842 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
843 825.102(2) 1st Aggravated abuse of a vulnerable an elderly person or disabled adult.
844 825.1025(2) 2nd Lewd or lascivious battery upon a vulnerable an elderly person or disabled adult.
845 825.103(2)(a) 1st Exploiting a vulnerable an elderly person or disabled adult and property is valued at $100,000 or more.
846 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
847 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
848 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
849 860.16 1st Aircraft piracy.
850 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
851 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
852 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
853 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
854 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
855 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
856 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
857 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
858 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
859 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
860 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
861 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
862 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
863 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
864 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
865 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
866 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
867 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
868 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
869
870 Section 15. Paragraph (c) of subsection (8) of section
871 948.06, Florida Statutes, is amended to read:
872 948.06 Violation of probation or community control;
873 revocation; modification; continuance; failure to pay
874 restitution or cost of supervision.—
875 (8)
876 (c) For purposes of this section, the term “qualifying
877 offense” means any of the following:
878 1. Kidnapping or attempted kidnapping under s. 787.01,
879 false imprisonment of a child under the age of 13 under s.
880 787.02(3), or luring or enticing a child under s. 787.025(2)(b)
881 or (c).
882 2. Murder or attempted murder under s. 782.04, attempted
883 felony murder under s. 782.051, or manslaughter under s. 782.07.
884 3. Aggravated battery or attempted aggravated battery under
885 s. 784.045.
886 4. Sexual battery or attempted sexual battery under s.
887 794.011(2), (3), (4), or (8)(b) or (c).
888 5. Lewd or lascivious battery or attempted lewd or
889 lascivious battery under s. 800.04(4), lewd or lascivious
890 molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
891 conduct under s. 800.04(6)(b), lewd or lascivious exhibition
892 under s. 800.04(7)(b), or lewd or lascivious exhibition on
893 computer under s. 847.0135(5)(b).
894 6. Robbery or attempted robbery under s. 812.13, carjacking
895 or attempted carjacking under s. 812.133, or home invasion
896 robbery or attempted home invasion robbery under s. 812.135.
897 7. Lewd or lascivious offense upon or in the presence of a
898 vulnerable adult an elderly or disabled person or attempted lewd
899 or lascivious offense upon or in the presence of a vulnerable
900 adult an elderly or disabled person under s. 825.1025.
901 8. Sexual performance by a child or attempted sexual
902 performance by a child under s. 827.071.
903 9. Computer pornography under s. 847.0135(2) or (3),
904 transmission of child pornography under s. 847.0137, or selling
905 or buying of minors under s. 847.0145.
906 10. Poisoning food or water under s. 859.01.
907 11. Abuse of a dead human body under s. 872.06.
908 12. Any burglary offense or attempted burglary offense that
909 is either a first degree felony or second degree felony under s.
910 810.02(2) or (3).
911 13. Arson or attempted arson under s. 806.01(1).
912 14. Aggravated assault under s. 784.021.
913 15. Aggravated stalking under s. 784.048(3), (4), (5), or
914 (7).
915 16. Aircraft piracy under s. 860.16.
916 17. Unlawful throwing, placing, or discharging of a
917 destructive device or bomb under s. 790.161(2), (3), or (4).
918 18. Treason under s. 876.32.
919 19. Any offense committed in another jurisdiction which
920 would be an offense listed in this paragraph if that offense had
921 been committed in this state.
922 Section 16. Paragraph (b) of subsection (2) of section
923 960.003, Florida Statutes, is amended to read:
924 960.003 Hepatitis and HIV testing for persons charged with
925 or alleged by petition for delinquency to have committed certain
926 offenses; disclosure of results to victims.—
927 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
928 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
929 (b) However, when a victim of any sexual offense enumerated
930 in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
931 offense was committed or when a victim of any sexual offense
932 enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a
933 vulnerable disabled adult or elderly person as defined in s.
934 825.101 825.1025 regardless of whether the offense involves the
935 transmission of bodily fluids from one person to another, then
936 upon the request of the victim or the victim’s legal guardian,
937 or of the parent or legal guardian, the court shall order such
938 person to undergo hepatitis and HIV testing within 48 hours
939 after the information, indictment, or petition for delinquency
940 is filed. In the event the victim or, if the victim is a minor,
941 the victim’s parent or legal guardian requests hepatitis and HIV
942 testing after 48 hours have elapsed from the filing of the
943 indictment, information, or petition for delinquency, the
944 testing shall be done within 48 hours after the request. The
945 testing shall be performed under the direction of the Department
946 of Health in accordance with s. 381.004. The results of a
947 hepatitis and HIV test performed on a defendant or juvenile
948 offender pursuant to this subsection is shall not be admissible
949 in any criminal or juvenile proceeding arising out of the
950 alleged offense.
951 Section 17. Paragraphs (gg), (hh), and (ii) of subsection
952 (1) of section 1012.315, Florida Statutes, are amended to read:
953 1012.315 Disqualification from employment.—A person is
954 ineligible for educator certification, and instructional
955 personnel and school administrators, as defined in s. 1012.01,
956 are ineligible for employment in any position that requires
957 direct contact with students in a district school system,
958 charter school, or private school that accepts scholarship
959 students under s. 1002.39 or s. 1002.395, if the person,
960 instructional personnel, or school administrator has been
961 convicted of:
962 (1) Any felony offense prohibited under any of the
963 following statutes:
964 (gg) Section 825.102, relating to abuse, aggravated abuse,
965 or neglect of a vulnerable an elderly person or disabled adult.
966 (hh) Section 825.103, relating to exploitation of a
967 vulnerable an elderly person or disabled adult.
968 (ii) Section 825.1025, relating to lewd or lascivious
969 offenses committed upon or in the presence of a vulnerable adult
970 an elderly person or disabled person.
971 Section 18. This act shall take effect October 1, 2013.
