Bill Text: FL S1846 | 2012 | Regular Session | Comm Sub
Bill Title: Criminal Gang Prevention
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2012-03-09 - Died in Budget [S1846 Detail]
Download: Florida-2012-S1846-Comm_Sub.html
Florida Senate - 2012 CS for SB 1846
By the Committee on Criminal Justice; and Senator Evers
591-03231-12 20121846c1
1 A bill to be entitled
2 An act relating to criminal gang prevention; amending
3 s. 810.0975, F.S.; providing enhanced criminal
4 penalties for certain trespassing offenses in school
5 safety zones by a person convicted of certain gang
6 related offenses; amending s. 874.05, F.S.; providing
7 enhanced criminal penalties for a person who
8 intentionally causes, encourages, solicits, or
9 recruits another person under a specified age to
10 become a criminal gang member in certain
11 circumstances; amending s. 951.23, F.S.; authorizing
12 county and municipal detention facilities to designate
13 an individual to be responsible for determining the
14 gang status of each inmate entering the facility and
15 to assess each current inmate for gang activity or
16 gang affiliation; providing duties of such
17 individuals; amending ss. 435.04 and 921.0022, F.S.;
18 conforming cross-references and assigning offense
19 severity rankings for violations of s. 874.05, F.S.;
20 amending s. 921.0024, F.S.; revising the criteria for
21 application of the sentencing multiplier for offenses
22 related to criminal gangs; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 810.0975, Florida Statutes, is amended
28 to read:
29 810.0975 School safety zones; definition; trespass
30 prohibited; penalty.—
31 (1) For the purposes of this section, the term “school
32 safety zone” means in, on, or within 500 feet of any real
33 property owned by or leased to any public or private elementary,
34 middle, or high school or school board and used for elementary,
35 middle, or high school education.
36 (2)(a) Each principal or designee of each public or private
37 school in this state shall notify the appropriate law
38 enforcement agency to prohibit any person from loitering in the
39 school safety zone who does not have legitimate business in the
40 school safety zone or any other authorization, or license to
41 enter or remain in the school safety zone or does not otherwise
42 have invitee status in the designated safety zone.
43 (b)1. During the period from 1 hour prior to the start of a
44 school session until 1 hour after the conclusion of a school
45 session, it is unlawful for any person to enter the premises or
46 trespass within a school safety zone or to remain on such
47 premises or within such school safety zone when that person does
48 not have legitimate business in the school safety zone or any
49 other authorization, license, or invitation to enter or remain
50 in the school safety zone.
51 2.a. Except as provided in sub-subparagraph b., a Any
52 person who violates this subsection commits a misdemeanor of the
53 second degree, punishable as provided in s. 775.082 or s.
54 775.083.
55 b. A person who violates this subsection and who has been
56 previously convicted of any offense contained in chapter 874
57 commits a misdemeanor of the first degree, punishable as
58 provided in s. 775.082 or s. 775.083.
59 (c)1. Except as provided in subparagraph 2., a Any person
60 who does not have legitimate business in the school safety zone
61 or any other authorization, license, or invitation to enter or
62 remain in the school safety zone who shall willfully fail to
63 remove himself or herself from the school safety zone after the
64 principal or designee, having a reasonable belief that he or she
65 will commit a crime or is engaged in harassment or intimidation
66 of students entering or leaving school property, requests him or
67 her to leave the school safety zone commits a misdemeanor of the
68 second degree, punishable as provided in s. 775.082 or s.
69 775.083.
70 2. A person who violates subparagraph 1. and who has been
71 previously convicted of any offense contained in chapter 874
72 commits a misdemeanor of the first degree, punishable as
73 provided in s. 775.082 or s. 775.083.
74 (3) Nothing in This section does not shall be construed to
75 abridge or infringe upon the right of any person to peaceably
76 assemble and protest.
77 (4)(3) This section does not apply to residents or persons
78 engaged in the operation of a licensed commercial business
79 within the school safety zone.
80 Section 2. Section 874.05, Florida Statutes, is amended to
81 read:
82 874.05 Causing, encouraging, soliciting, or recruiting
83 criminal gang membership.—
84 (1)(a) Except as provided in paragraph (b) subsection (2),
85 a person who intentionally causes, encourages, solicits, or
86 recruits another person to become a criminal gang member where a
87 condition of membership or continued membership is the
88 commission of any crime commits a felony of the third degree,
89 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
90 (b)(2) A person who commits a second or subsequent
91 violation of this subsection commits a felony of the second
92 degree, punishable as provided in s. 775.082, s. 775.083, or s.
93 775.084.
94 (2)(a) Except as provided in paragraph (b), a person who
95 intentionally causes, encourages, solicits, or recruits another
96 person under 13 years of age to become a criminal gang member
97 where a condition of membership or continued membership is the
98 commission of any crime commits a felony of the second degree,
99 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
100 (b) A person who commits a second or subsequent violation
101 of this subsection commits a felony of the first degree,
102 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
103 Section 3. Subsection (11) is added to section 951.23,
104 Florida Statutes, to read:
105 951.23 County and municipal detention facilities;
106 definitions; administration; standards and requirements.—
107 (11) GANG STATUS OF INMATES.—A county or municipal
108 detention facility may designate an individual to be responsible
109 for determining the gang status of each inmate entering the
110 facility using the criteria in s. 874.03 and assess each current
111 inmate for any gang activity or gang affiliation using those
112 criteria. The individual should at least once biweekly reconcile
113 information with the arresting law enforcement agency and the
114 statewide criminal gang database.
115 Section 4. Paragraph (qq) of subsection (2) of section
116 435.04, Florida Statutes, is amended to read:
117 435.04 Level 2 screening standards.—
118 (2) The security background investigations under this
119 section must ensure that no persons subject to the provisions of
120 this section have been arrested for and are awaiting final
121 disposition of, have been found guilty of, regardless of
122 adjudication, or entered a plea of nolo contendere or guilty to,
123 or have been adjudicated delinquent and the record has not been
124 sealed or expunged for, any offense prohibited under any of the
125 following provisions of state law or similar law of another
126 jurisdiction:
127 (qq) Section 874.05(1), relating to encouraging or
128 recruiting another to join a criminal gang.
129 Section 5. Paragraphs (d), (e), and (g) of subsection (3)
130 of section 921.0022, Florida Statutes, are amended to read:
131 921.0022 Criminal Punishment Code; offense severity ranking
132 chart.—
133 (3) OFFENSE SEVERITY RANKING CHART
134 (d) LEVEL 4
135 FloridaStatute FelonyDegree Description
136 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
137 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
138 499.0051(2) 3rd Failure to authenticate pedigree papers.
139 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
140 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
141 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
142 784.075 3rd Battery on detention or commitment facility staff.
143 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
144 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
145 784.081(3) 3rd Battery on specified official or employee.
146 784.082(3) 3rd Battery by detained person on visitor or other detainee.
147 784.083(3) 3rd Battery on code inspector.
148 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
149 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
150 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
151 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
152 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
153 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
154 790.115(2)(c) 3rd Possessing firearm on school property.
155 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
156 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
157 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
158 810.06 3rd Burglary; possession of tools.
159 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
160 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
161 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
162 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
163 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
164 817.568(2)(a) 3rd Fraudulent use of personal identification information.
165 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
166 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
167 837.02(1) 3rd Perjury in official proceedings.
168 837.021(1) 3rd Make contradictory statements in official proceedings.
169 838.022 3rd Official misconduct.
170 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
171 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
172 843.021 3rd Possession of a concealed handcuff key by a person in custody.
173 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
174 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
175 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
176 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
177 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
178 914.14(2) 3rd Witnesses accepting bribes.
179 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
180 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
181 918.12 3rd Tampering with jurors.
182 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
183 (e) LEVEL 5
184 FloridaStatute FelonyDegree Description
185 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
186 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
187 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
188 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
189 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
190 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
191 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
192 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
193 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
194 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
195 790.01(2) 3rd Carrying a concealed firearm.
196 790.162 2nd Threat to throw or discharge destructive device.
197 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
198 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
199 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
200 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
201 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
202 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
203 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
204 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
205 812.019(1) 2nd Stolen property; dealing in or trafficking in.
206 812.131(2)(b) 3rd Robbery by sudden snatching.
207 812.16(2) 3rd Owning, operating, or conducting a chop shop.
208 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
209 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
210 817.2341(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.
211 817.568(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.
212 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
213 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
214 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
215 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
216 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
217 843.01 3rd Resist officer with violence to person; resist arrest with violence.
218 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
219 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
220 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
221 874.05(1)(b)874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
222 874.05(2)(a) 2nd Encouraging or recruiting person under 13 to join a criminal gang.
223 893.13(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).
224 893.13(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.
225 893.13(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.
226 893.13(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.
227 893.13(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.
228 893.13(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).
229 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
230 (g) LEVEL 7
231 FloridaStatute FelonyDegree Description
232 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
233 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
234 316.1935(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.
235 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
236 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
237 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
238 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
239 456.065(2) 3rd Practicing a health care profession without a license.
240 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
241 458.327(1) 3rd Practicing medicine without a license.
242 459.013(1) 3rd Practicing osteopathic medicine without a license.
243 460.411(1) 3rd Practicing chiropractic medicine without a license.
244 461.012(1) 3rd Practicing podiatric medicine without a license.
245 462.17 3rd Practicing naturopathy without a license.
246 463.015(1) 3rd Practicing optometry without a license.
247 464.016(1) 3rd Practicing nursing without a license.
248 465.015(2) 3rd Practicing pharmacy without a license.
249 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
250 467.201 3rd Practicing midwifery without a license.
251 468.366 3rd Delivering respiratory care services without a license.
252 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
253 483.901(9) 3rd Practicing medical physics without a license.
254 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
255 484.053 3rd Dispensing hearing aids without a license.
256 494.0018(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.
257 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
258 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
259 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
260 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
261 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
262 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
263 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
264 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
265 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
266 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
267 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
268 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
269 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
270 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
271 784.048(7) 3rd Aggravated stalking; violation of court order.
272 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
273 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
274 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
275 784.081(1) 1st Aggravated battery on specified official or employee.
276 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
277 784.083(1) 1st Aggravated battery on code inspector.
278 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
279 790.16(1) 1st Discharge of a machine gun under specified circumstances.
280 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
281 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
282 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
283 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
284 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
285 794.08(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.
286 796.03 2nd Procuring any person under 16 years for prostitution.
287 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
288 800.04(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.
289 806.01(2) 2nd Maliciously damage structure by fire or explosive.
290 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
291 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
292 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
293 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
294 812.014(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.
295 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
296 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
297 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
298 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
299 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
300 812.131(2)(a) 2nd Robbery by sudden snatching.
301 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
302 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
303 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
304 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
305 817.2341 (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.
306 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
307 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
308 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
309 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
310 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
311 838.015 2nd Bribery.
312 838.016 2nd Unlawful compensation or reward for official behavior.
313 838.021(3)(a) 2nd Unlawful harm to a public servant.
314 838.22 2nd Bid tampering.
315 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
316 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
317 872.06 2nd Abuse of a dead human body.
318 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
319 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
320 893.13(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.
321 893.13(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.
322 893.13(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).
323 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
324 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
325 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
326 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
327 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
328 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
329 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
330 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
331 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
332 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
333 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
334 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
335 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
336 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
337 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
338 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
339 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
340 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
341 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
342 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
343 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
344 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
345 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
346 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
347 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
348 Section 6. Paragraph (b) of subsection (1) of section
349 921.0024, Florida Statutes, is amended to read:
350 921.0024 Criminal Punishment Code; worksheet computations;
351 scoresheets.—
352 (1)
353 (b) WORKSHEET KEY:
354
355 Legal status points are assessed when any form of legal status
356 existed at the time the offender committed an offense before the
357 court for sentencing. Four (4) sentence points are assessed for
358 an offender’s legal status.
359
360 Community sanction violation points are assessed when a
361 community sanction violation is before the court for sentencing.
362 Six (6) sentence points are assessed for each community sanction
363 violation and each successive community sanction violation,
364 unless any of the following apply:
365 1. If the community sanction violation includes a new
366 felony conviction before the sentencing court, twelve (12)
367 community sanction violation points are assessed for the
368 violation, and for each successive community sanction violation
369 involving a new felony conviction.
370 2. If the community sanction violation is committed by a
371 violent felony offender of special concern as defined in s.
372 948.06:
373 a. Twelve (12) community sanction violation points are
374 assessed for the violation and for each successive violation of
375 felony probation or community control where:
376 (I) The violation does not include a new felony conviction;
377 and
378 (II) The community sanction violation is not based solely
379 on the probationer or offender’s failure to pay costs or fines
380 or make restitution payments.
381 b. Twenty-four (24) community sanction violation points are
382 assessed for the violation and for each successive violation of
383 felony probation or community control where the violation
384 includes a new felony conviction.
385
386 Multiple counts of community sanction violations before the
387 sentencing court shall not be a basis for multiplying the
388 assessment of community sanction violation points.
389
390 Prior serious felony points: If the offender has a primary
391 offense or any additional offense ranked in level 8, level 9, or
392 level 10, and one or more prior serious felonies, a single
393 assessment of thirty (30) points shall be added. For purposes of
394 this section, a prior serious felony is an offense in the
395 offender’s prior record that is ranked in level 8, level 9, or
396 level 10 under s. 921.0022 or s. 921.0023 and for which the
397 offender is serving a sentence of confinement, supervision, or
398 other sanction or for which the offender’s date of release from
399 confinement, supervision, or other sanction, whichever is later,
400 is within 3 years before the date the primary offense or any
401 additional offense was committed.
402
403 Prior capital felony points: If the offender has one or more
404 prior capital felonies in the offender’s criminal record, points
405 shall be added to the subtotal sentence points of the offender
406 equal to twice the number of points the offender receives for
407 the primary offense and any additional offense. A prior capital
408 felony in the offender’s criminal record is a previous capital
409 felony offense for which the offender has entered a plea of nolo
410 contendere or guilty or has been found guilty; or a felony in
411 another jurisdiction which is a capital felony in that
412 jurisdiction, or would be a capital felony if the offense were
413 committed in this state.
414
415 Possession of a firearm, semiautomatic firearm, or machine gun:
416 If the offender is convicted of committing or attempting to
417 commit any felony other than those enumerated in s. 775.087(2)
418 while having in his or her possession: a firearm as defined in
419 s. 790.001(6), an additional eighteen (18) sentence points are
420 assessed; or if the offender is convicted of committing or
421 attempting to commit any felony other than those enumerated in
422 s. 775.087(3) while having in his or her possession a
423 semiautomatic firearm as defined in s. 775.087(3) or a machine
424 gun as defined in s. 790.001(9), an additional twenty-five (25)
425 sentence points are assessed.
426
427 Sentencing multipliers:
428
429 Drug trafficking: If the primary offense is drug trafficking
430 under s. 893.135, the subtotal sentence points are multiplied,
431 at the discretion of the court, for a level 7 or level 8
432 offense, by 1.5. The state attorney may move the sentencing
433 court to reduce or suspend the sentence of a person convicted of
434 a level 7 or level 8 offense, if the offender provides
435 substantial assistance as described in s. 893.135(4).
436
437 Law enforcement protection: If the primary offense is a
438 violation of the Law Enforcement Protection Act under s.
439 775.0823(2), (3), or (4), the subtotal sentence points are
440 multiplied by 2.5. If the primary offense is a violation of s.
441 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
442 are multiplied by 2.0. If the primary offense is a violation of
443 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
444 Protection Act under s. 775.0823(10) or (11), the subtotal
445 sentence points are multiplied by 1.5.
446
447 Grand theft of a motor vehicle: If the primary offense is grand
448 theft of the third degree involving a motor vehicle and in the
449 offender’s prior record, there are three or more grand thefts of
450 the third degree involving a motor vehicle, the subtotal
451 sentence points are multiplied by 1.5.
452
453 Offense related to a criminal gang: If the offender is convicted
454 of the primary offense and committed that offense for the
455 purpose of benefiting, promoting, or furthering the interests of
456 a criminal gang as defined in s. 874.03 prohibited under s.
457 874.04, the subtotal sentence points are multiplied by 1.5. If
458 applying the multiplier results in the lowest permissible
459 sentence exceeding the statutory maximum sentence for the
460 primary offense under chapter 775, the court may not apply the
461 multiplier and must sentence the defendant to the statutory
462 maximum sentence.
463
464 Domestic violence in the presence of a child: If the offender is
465 convicted of the primary offense and the primary offense is a
466 crime of domestic violence, as defined in s. 741.28, which was
467 committed in the presence of a child under 16 years of age who
468 is a family or household member as defined in s. 741.28(3) with
469 the victim or perpetrator, the subtotal sentence points are
470 multiplied by 1.5.
471 Section 7. This act shall take effect October 1, 2012.
