Bill Text: FL S0660 | 2015 | Regular Session | Introduced
Bill Title: Assault or Battery on a Utility Worker
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-05-01 - Died in Criminal Justice [S0660 Detail]
Download: Florida-2015-S0660-Introduced.html
Florida Senate - 2015 SB 660
By Senator Soto
14-00941-15 2015660__
1 A bill to be entitled
2 An act relating to assault or battery on a utility
3 worker; amending s. 784.07, F.S.; defining the term
4 “utility worker”; providing for reclassification of
5 certain offenses committed against a utility worker;
6 amending ss. 901.15, 921.0022, 943.051, 985.11, and
7 985.644, F.S.; conforming provisions to changes made
8 by the act; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 784.07, Florida Statutes, is amended to
13 read:
14 784.07 Assault or battery of law enforcement officers,
15 firefighters, emergency medical care providers, public transit
16 employees or agents, or other specified persons officers;
17 reclassification of offenses; minimum sentences.—
18 (1) As used in this section, the term:
19 (a) “Emergency medical care provider” means an ambulance
20 driver, emergency medical technician, paramedic, registered
21 nurse, physician as defined in s. 401.23, medical director as
22 defined in s. 401.23, or any person authorized by an emergency
23 medical service licensed under chapter 401 who is engaged in the
24 performance of his or her duties. The term “emergency medical
25 care provider” also includes physicians, employees, agents, or
26 volunteers of hospitals as defined in chapter 395, who are
27 employed, under contract, or otherwise authorized by a hospital
28 to perform duties directly associated with the care and
29 treatment rendered by the hospital’s emergency department or the
30 security thereof.
31 (b) “Firefighter” means any person employed by any public
32 employer of this state whose duty it is to extinguish fires; to
33 protect life or property; or to enforce municipal, county, and
34 state fire prevention codes, as well as any law pertaining to
35 the prevention and control of fires.
36 (c) “Law enforcement explorer” means any person who is a
37 current member of a law enforcement agency’s explorer program
38 and who is performing functions other than those required to be
39 performed by sworn law enforcement officers on behalf of a law
40 enforcement agency while under the direct physical supervision
41 of a sworn officer of that agency and wearing a uniform that
42 bears at least one patch that clearly identifies the law
43 enforcement agency that he or she represents.
44 (d) “Law enforcement officer” includes a law enforcement
45 officer, a correctional officer, a correctional probation
46 officer, a part-time law enforcement officer, a part-time
47 correctional officer, an auxiliary law enforcement officer, and
48 an auxiliary correctional officer, as those terms are
49 respectively defined in s. 943.10, and any county probation
50 officer; an employee or agent of the Department of Corrections
51 who supervises or provides services to inmates; an officer of
52 the Florida Commission on Offender Review; a federal law
53 enforcement officer as defined in s. 901.1505; and law
54 enforcement personnel of the Fish and Wildlife Conservation
55 Commission or the Department of Law Enforcement.
56 (e) “Public transit employees or agents” means bus
57 operators, train operators, revenue collectors, security
58 personnel, equipment maintenance personnel, or field
59 supervisors, who are employees or agents of a transit agency as
60 described in s. 812.015(1)(l).
61 (f) “Railroad special officer” means a person employed by a
62 Class I, Class II, or Class III railroad and appointed or
63 pending appointment by the Governor pursuant to s. 354.01.
64 (g) “Utility worker” means a person who at all times
65 displays at least one visible patch or emblem that clearly
66 identifies the person as a utility worker under contract with or
67 employed by an entity that owns, operates, leases, or controls a
68 plant, property, or facility for the generation, transmission,
69 or furnishing of electricity to or for the public, including two
70 or more utilities rendering joint service, and that identifies
71 the employing or contracting utility.
72 (2) Whenever any person is charged with knowingly
73 committing an assault or battery upon a law enforcement officer,
74 a firefighter, an emergency medical care provider, a railroad
75 special officer, a traffic accident investigation officer as
76 described in s. 316.640, a nonsworn law enforcement agency
77 employee who is certified as an agency inspector, a blood
78 alcohol analyst, or a breath test operator while such employee
79 is in uniform and engaged in processing, testing, evaluating,
80 analyzing, or transporting a person who is detained or under
81 arrest for DUI, a law enforcement explorer, a traffic infraction
82 enforcement officer as described in s. 316.640, a parking
83 enforcement specialist as defined in s. 316.640, a person
84 licensed as a security officer as defined in s. 493.6101 and
85 wearing a uniform that bears at least one patch or emblem that
86 is visible at all times that clearly identifies the employing
87 agency and that clearly identifies the person as a licensed
88 security officer, or a security officer employed by the board of
89 trustees of a community college, or a utility worker, while the
90 officer, firefighter, emergency medical care provider, railroad
91 special officer, traffic accident investigation officer, traffic
92 infraction enforcement officer, inspector, analyst, operator,
93 law enforcement explorer, parking enforcement specialist, public
94 transit employee or agent, or security officer, or utility
95 worker is engaged in the lawful performance of his or her
96 duties, the offense for which the person is charged shall be
97 reclassified as follows:
98 (a) In the case of assault, from a misdemeanor of the
99 second degree to a misdemeanor of the first degree.
100 (b) In the case of battery, from a misdemeanor of the first
101 degree to a felony of the third degree.
102 (c) In the case of aggravated assault, from a felony of the
103 third degree to a felony of the second degree. Notwithstanding
104 any other provision of law, any person convicted of aggravated
105 assault upon a law enforcement officer shall be sentenced to a
106 minimum term of imprisonment of 3 years.
107 (d) In the case of aggravated battery, from a felony of the
108 second degree to a felony of the first degree. Notwithstanding
109 any other provision of law, any person convicted of aggravated
110 battery of a law enforcement officer shall be sentenced to a
111 minimum term of imprisonment of 5 years.
112 (3) Any person who is convicted of a battery under
113 paragraph (2)(b) and, during the commission of the offense, such
114 person possessed:
115 (a) A “firearm” or “destructive device” as those terms are
116 defined in s. 790.001, shall be sentenced to a minimum term of
117 imprisonment of 3 years.
118 (b) A semiautomatic firearm and its high-capacity
119 detachable box magazine, as defined in s. 775.087(3), or a
120 machine gun as defined in s. 790.001, shall be sentenced to a
121 minimum term of imprisonment of 8 years.
122
123 Notwithstanding s. 948.01, adjudication of guilt or imposition
124 of sentence shall not be suspended, deferred, or withheld, and
125 the defendant is not eligible for statutory gain-time under s.
126 944.275 or any form of discretionary early release, other than
127 pardon or executive clemency, or conditional medical release
128 under s. 947.149, prior to serving the minimum sentence.
129 Section 2. Subsection (15) of section 901.15, Florida
130 Statutes, is amended to read:
131 901.15 When arrest by officer without warrant is lawful.—A
132 law enforcement officer may arrest a person without a warrant
133 when:
134 (15) There is probable cause to believe that the person has
135 committed assault upon a law enforcement officer, a firefighter,
136 an emergency medical care provider, public transit employees or
137 agents, or other specified persons officers as set forth in s.
138 784.07 or has committed assault or battery upon any employee of
139 a receiving facility as defined in s. 394.455 who is engaged in
140 the lawful performance of his or her duties.
141 Section 3. Paragraphs (d), (f), and (g) of subsection (3)
142 of section 921.0022, Florida Statutes, are amended to read:
143 921.0022 Criminal Punishment Code; offense severity ranking
144 chart.—
145 (3) OFFENSE SEVERITY RANKING CHART
146 (d) LEVEL 4
147
148 FloridaStatute FelonyDegree Description
149 316.1935(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.
150 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
151 499.0051(2) 3rd Failure to authenticate pedigree papers.
152 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
153 517.07(1) 3rd Failure to register securities.
154 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
155 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, utility worker, etc.
156 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
157 784.075 3rd Battery on detention or commitment facility staff.
158 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
159 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
160 784.081(3) 3rd Battery on specified official or employee.
161 784.082(3) 3rd Battery by detained person on visitor or other detainee.
162 784.083(3) 3rd Battery on code inspector.
163 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
164 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
165 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
166 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
167 787.07 3rd Human smuggling.
168 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
169 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
170 790.115(2)(c) 3rd Possessing firearm on school property.
171 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
172 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
173 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
174 810.06 3rd Burglary; possession of tools.
175 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
176 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
177 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
178 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
179 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
180 817.568(2)(a) 3rd Fraudulent use of personal identification information.
181 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
182 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
183 837.02(1) 3rd Perjury in official proceedings.
184 837.021(1) 3rd Make contradictory statements in official proceedings.
185 838.022 3rd Official misconduct.
186 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
187 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
188 843.021 3rd Possession of a concealed handcuff key by a person in custody.
189 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
190 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
191 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
192 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
193 893.13(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).
194 914.14(2) 3rd Witnesses accepting bribes.
195 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
196 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
197 918.12 3rd Tampering with jurors.
198 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
199 (f) LEVEL 6
200
201 FloridaStatute FelonyDegree Description
202 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
203 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
204 499.0051(3) 2nd Knowing forgery of pedigree papers.
205 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
206 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
207 775.0875(1) 3rd Taking firearm from law enforcement officer.
208 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
209 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
210 784.041 3rd Felony battery; domestic battery by strangulation.
211 784.048(3) 3rd Aggravated stalking; credible threat.
212 784.048(5) 3rd Aggravated stalking of person under 16.
213 784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, utility worker, etc.
214 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
215 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
216 784.081(2) 2nd Aggravated assault on specified official or employee.
217 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
218 784.083(2) 2nd Aggravated assault on code inspector.
219 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
220 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
221 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
222 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
223 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
224 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
225 794.05(1) 2nd Unlawful sexual activity with specified minor.
226 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
227 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
228 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
229 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
230 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
231 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
232 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
233 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
234 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
235 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
236 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
237 825.102(1) 3rd Abuse of an elderly person or disabled adult.
238 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
239 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
240 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
241 827.03(2)(c) 3rd Abuse of a child.
242 827.03(2)(d) 3rd Neglect of a child.
243 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
244 836.05 2nd Threats; extortion.
245 836.10 2nd Written threats to kill or do bodily injury.
246 843.12 3rd Aids or assists person to escape.
247 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
248 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
249 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
250 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
251 944.35(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.
252 944.40 2nd Escapes.
253 944.46 3rd Harboring, concealing, aiding escaped prisoners.
254 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
255 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
256 (g) LEVEL 7
257
258 FloridaStatute FelonyDegree Description
259 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
260 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
261 316.1935(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.
262 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
263 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
264 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
265 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
266 456.065(2) 3rd Practicing a health care profession without a license.
267 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
268 458.327(1) 3rd Practicing medicine without a license.
269 459.013(1) 3rd Practicing osteopathic medicine without a license.
270 460.411(1) 3rd Practicing chiropractic medicine without a license.
271 461.012(1) 3rd Practicing podiatric medicine without a license.
272 462.17 3rd Practicing naturopathy without a license.
273 463.015(1) 3rd Practicing optometry without a license.
274 464.016(1) 3rd Practicing nursing without a license.
275 465.015(2) 3rd Practicing pharmacy without a license.
276 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
277 467.201 3rd Practicing midwifery without a license.
278 468.366 3rd Delivering respiratory care services without a license.
279 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
280 483.901(9) 3rd Practicing medical physics without a license.
281 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
282 484.053 3rd Dispensing hearing aids without a license.
283 494.0018(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.
284 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
285 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
286 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
287 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
288 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
289 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
290 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
291 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
292 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
293 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
294 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
295 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
296 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
297 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
298 784.048(7) 3rd Aggravated stalking; violation of court order.
299 784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, utility worker, etc.
300 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
301 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
302 784.081(1) 1st Aggravated battery on specified official or employee.
303 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
304 784.083(1) 1st Aggravated battery on code inspector.
305 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
306 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
307 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
308 790.16(1) 1st Discharge of a machine gun under specified circumstances.
309 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
310 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
311 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
312 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
313 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
314 794.08(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.
315 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
316 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
317 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
318 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
319 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
320 806.01(2) 2nd Maliciously damage structure by fire or explosive.
321 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
322 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
323 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
324 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
325 812.014(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.
326 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
327 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
328 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
329 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
330 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
331 812.131(2)(a) 2nd Robbery by sudden snatching.
332 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
333 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
334 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
335 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
336 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
337 817.2341 (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.
338 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
339 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
340 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
341 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
342 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
343 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
344 838.015 2nd Bribery.
345 838.016 2nd Unlawful compensation or reward for official behavior.
346 838.021(3)(a) 2nd Unlawful harm to a public servant.
347 838.22 2nd Bid tampering.
348 843.0855(2) 3rd Impersonation of a public officer or employee.
349 843.0855(3) 3rd Unlawful simulation of legal process.
350 843.0855(4) 3rd Intimidation of a public officer or employee.
351 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
352 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
353 872.06 2nd Abuse of a dead human body.
354 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
355 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
356 893.13(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.
357 893.13(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.
358 893.13(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).
359 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
360 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
361 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
362 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
363 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
364 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
365 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
366 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
367 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
368 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
369 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
370 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
371 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
372 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
373 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
374 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
375 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
376 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
377 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
378 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
379 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
380 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
381 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
382 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
383 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
384 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
385 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
386 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
387 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
388 Section 4. Paragraph (b) of subsection (3) of section
389 943.051, Florida Statutes, is amended to read:
390 943.051 Criminal justice information; collection and
391 storage; fingerprinting.—
392 (3)
393 (b) A minor who is charged with or found to have committed
394 the following offenses shall be fingerprinted and the
395 fingerprints shall be submitted electronically to the
396 department, unless the minor is issued a civil citation pursuant
397 to s. 985.12:
398 1. Assault, as defined in s. 784.011.
399 2. Battery, as defined in s. 784.03.
400 3. Carrying a concealed weapon, as defined in s. 790.01(1).
401 4. Unlawful use of destructive devices or bombs, as defined
402 in s. 790.1615(1).
403 5. Neglect of a child, as defined in s. 827.03(1)(e).
404 6. Assault or battery on a law enforcement officer, a
405 firefighter, or other specified persons officers, as defined in
406 s. 784.07(2)(a) and (b).
407 7. Open carrying of a weapon, as defined in s. 790.053.
408 8. Exposure of sexual organs, as defined in s. 800.03.
409 9. Unlawful possession of a firearm, as defined in s.
410 790.22(5).
411 10. Petit theft, as defined in s. 812.014(3).
412 11. Cruelty to animals, as defined in s. 828.12(1).
413 12. Arson, as defined in s. 806.031(1).
414 13. Unlawful possession or discharge of a weapon or firearm
415 at a school-sponsored event or on school property, as provided
416 in s. 790.115.
417 Section 5. Paragraph (b) of subsection (1) of section
418 985.11, Florida Statutes, is amended to read:
419 985.11 Fingerprinting and photographing.—
420 (1)
421 (b) Unless the child is issued a civil citation or is
422 participating in a similar diversion program pursuant to s.
423 985.12, a child who is charged with or found to have committed
424 one of the following offenses shall be fingerprinted, and the
425 fingerprints shall be submitted to the Department of Law
426 Enforcement as provided in s. 943.051(3)(b):
427 1. Assault, as defined in s. 784.011.
428 2. Battery, as defined in s. 784.03.
429 3. Carrying a concealed weapon, as defined in s. 790.01(1).
430 4. Unlawful use of destructive devices or bombs, as defined
431 in s. 790.1615(1).
432 5. Neglect of a child, as defined in s. 827.03(1)(e).
433 6. Assault on a law enforcement officer, a firefighter, or
434 other specified persons officers, as defined in s. 784.07(2)(a).
435 7. Open carrying of a weapon, as defined in s. 790.053.
436 8. Exposure of sexual organs, as defined in s. 800.03.
437 9. Unlawful possession of a firearm, as defined in s.
438 790.22(5).
439 10. Petit theft, as defined in s. 812.014.
440 11. Cruelty to animals, as defined in s. 828.12(1).
441 12. Arson, resulting in bodily harm to a firefighter, as
442 defined in s. 806.031(1).
443 13. Unlawful possession or discharge of a weapon or firearm
444 at a school-sponsored event or on school property as defined in
445 s. 790.115.
446
447 A law enforcement agency may fingerprint and photograph a child
448 taken into custody upon probable cause that such child has
449 committed any other violation of law, as the agency deems
450 appropriate. Such fingerprint records and photographs shall be
451 retained by the law enforcement agency in a separate file, and
452 these records and all copies thereof must be marked “Juvenile
453 Confidential.” These records are not available for public
454 disclosure and inspection under s. 119.07(1) except as provided
455 in ss. 943.053 and 985.04(2), but shall be available to other
456 law enforcement agencies, criminal justice agencies, state
457 attorneys, the courts, the child, the parents or legal
458 custodians of the child, their attorneys, and any other person
459 authorized by the court to have access to such records. In
460 addition, such records may be submitted to the Department of Law
461 Enforcement for inclusion in the state criminal history records
462 and used by criminal justice agencies for criminal justice
463 purposes. These records may, in the discretion of the court, be
464 open to inspection by anyone upon a showing of cause. The
465 fingerprint and photograph records shall be produced in the
466 court whenever directed by the court. Any photograph taken
467 pursuant to this section may be shown by a law enforcement
468 officer to any victim or witness of a crime for the purpose of
469 identifying the person who committed such crime.
470 Section 6. Paragraph (a) of subsection (3) of section
471 985.644, Florida Statutes, is amended to read:
472 985.644 Departmental contracting powers; personnel
473 standards and investigation.—
474 (3)(a) All employees of the department and all personnel of
475 contract providers for any program for children, including all
476 owners, operators, employees, persons who have access to
477 confidential juvenile records, and volunteers, must complete:
478 1. A level 2 employment screening pursuant to chapter 435
479 before employment. The security background investigation
480 conducted under this section must ensure that, in addition to
481 the disqualifying offenses listed in s. 435.04, no person
482 subject to the background screening provisions of this section
483 has an arrest awaiting final disposition for, been found guilty
484 of, regardless of adjudication, or entered a plea of nolo
485 contendere or guilty to, or been adjudicated delinquent and the
486 record has not been sealed or expunged for, any offense
487 prohibited under the following provisions of state law or
488 similar laws of another jurisdiction:
489 a. Section 784.07, relating to assault or battery of law
490 enforcement officers, firefighters, emergency medical care
491 providers, public transit employees or agents, or other
492 specified persons officers.
493 b. Section 817.568, relating to criminal use of personal
494 identification information.
495 2. A national criminal records check by the Federal Bureau
496 of Investigation every 5 years following the date of the
497 person’s employment.
498 Section 7. This act shall take effect October 1, 2015.
