Florida Senate - 2010 SB 1360
By Senator Detert
23-01391-10 20101360__
1 A bill to be entitled
2 An act relating to inappropriate or excessively harsh
3 corporal discipline; amending s. 39.301, F.S.;
4 including inappropriate or excessively harsh corporal
5 discipline in the definition of “criminal conduct” for
6 purposes of protective investigations; creating s.
7 827.032, F.S.; defining “inappropriate or excessively
8 harsh corporal discipline”; prohibiting parents, legal
9 custodians, or caregivers from inflicting
10 inappropriate or excessively harsh corporal
11 discipline; providing penalties; providing
12 applicability; amending s. 921.0022, F.S.; including
13 offenses involving inappropriate or excessively harsh
14 corporal discipline within the offense severity
15 ranking chart of the Criminal Punishment Code;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (b) of subsection (2) of section
21 39.301, Florida Statutes, is amended to read:
22 39.301 Initiation of protective investigations.—
23 (2)
24 (b) As used in this subsection, the term “criminal conduct”
25 means:
26 1. A child is known or suspected to be the victim of child
27 abuse, as defined in s. 827.03;, or of neglect of a child, as
28 defined in s. 827.03; or of inappropriate or excessively harsh
29 corporal discipline, as defined in s. 827.032.
30 2. A child is known or suspected to have died as a result
31 of abuse or neglect.
32 3. A child is known or suspected to be the victim of
33 aggravated child abuse, as defined in s. 827.03.
34 4. A child is known or suspected to be the victim of sexual
35 battery, as defined in s. 827.071, or of sexual abuse, as
36 defined in s. 39.01.
37 5. A child is known or suspected to be the victim of
38 institutional child abuse or neglect, as defined in s. 39.01,
39 and as provided for in s. 39.302(1).
40 6. A child is known or suspected to be a victim of human
41 trafficking, as provided in s. 787.06.
42 Section 2. Section 827.032, Florida Statutes, is created to
43 read:
44 827.032 Inappropriate or excessively harsh corporal
45 discipline; penalties.—
46 (1) As used in this section, the term “inappropriate or
47 excessively harsh corporal discipline” means an act of
48 discipline that results or could reasonably be expected to
49 result in any of the following or other similar injuries:
50 (a) Sprains, dislocations, or cartilage damage.
51 (b) Bone or skull fractures.
52 (c) Brain or spinal cord damage.
53 (d) Intracranial hemorrhage or injury to other internal
54 organs.
55 (e) Asphyxiation, suffocation, or drowning.
56 (f) Injury resulting from the use of a deadly weapon.
57 (g) Burns or scalding.
58 (h) Cuts, lacerations, punctures, or bites.
59 (i) Disfigurement.
60 (j) Loss or impairment of a body part or function.
61 (k) Significant bruises or welts.
62 (l) Mental injury, as defined in s. 39.01.
63 (2) A parent, legal custodian, or caregiver who knowingly
64 or willfully inflicts inappropriate or excessively harsh
65 corporal discipline upon a child commits a felony of the third
66 degree, punishable as provided in s. 775.082, s. 775.083, or s.
67 775.084.
68 (3) This section does not preclude prosecution under s.
69 827.03 when the offender is charged with a violation of s.
70 827.03 in lieu of this section.
71 Section 3. Paragraph (f) of subsection (3) of section
72 921.0022, Florida Statutes, is amended to read:
73 921.0022 Criminal Punishment Code; offense severity ranking
74 chart.—
75 (3) OFFENSE SEVERITY RANKING CHART
76 (f) LEVEL 6
77 FloridaStatute FelonyDegree Description
78 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
79 499.0051(3) 2nd Knowing forgery of pedigree papers.
80 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
81 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
82 775.0875(1) 3rd Taking firearm from law enforcement officer.
83 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
84 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
85 784.041 3rd Felony battery; domestic battery by strangulation.
86 784.048(3) 3rd Aggravated stalking; credible threat.
87 784.048(5) 3rd Aggravated stalking of person under 16.
88 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
89 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
90 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
91 784.081(2) 2nd Aggravated assault on specified official or employee.
92 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
93 784.083(2) 2nd Aggravated assault on code inspector.
94 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
95 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
96 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
97 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
98 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
99 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
100 794.05(1) 2nd Unlawful sexual activity with specified minor.
101 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
102 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
103 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
104 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
105 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
106 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
107 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
108 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
109 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
110 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
111 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
112 825.102(1) 3rd Abuse of an elderly person or disabled adult.
113 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
114 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
115 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
116 827.03(1) 3rd Abuse of a child.
117 827.03(3)(c) 3rd Neglect of a child.
118 827.032 3rd Inappropriate or excessively harsh corporal discipline by a parent, legal custodian, or caregiver upon a child.
119 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
120 836.05 2nd Threats; extortion.
121 836.10 2nd Written threats to kill or do bodily injury.
122 843.12 3rd Aids or assists person to escape.
123 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
124 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
125 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
126 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
127 944.35(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.
128 944.40 2nd Escapes.
129 944.46 3rd Harboring, concealing, aiding escaped prisoners.
130 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
131 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
132 Section 4. This act shall take effect July 1, 2010.