Bill Text: FL S2526 | 2010 | Regular Session | Introduced
Bill Title: Criminal Conduct [SPSC]
Spectrum: Bipartisan Bill
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S2526 Detail]
Download: Florida-2010-S2526-Introduced.html
Florida Senate - 2010 SB 2526
By Senator Deutch
30-00549A-10 20102526__
1 A bill to be entitled
2 An act relating to criminal conduct; amending s.
3 827.03, F.S.; defining the term “mental injury”;
4 exempting constitutionally protected acts from
5 prohibitions on child abuse, aggravated child abuse,
6 and neglect; amending ss. 775.084, 775.0877, 782.07,
7 921.0022, and 948.062, F.S.; conforming cross
8 references; amending s. 960.03, F.S.; redefining the
9 term “crime” for purposes of crime victim compensation
10 to include additional forms of injury; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 827.03, Florida Statutes, is amended to
16 read:
17 827.03 Abuse, aggravated abuse, and neglect of a child;
18 penalties.—
19 (1) DEFINITIONS.—For purposes of this section:
20 (a) “Aggravated child abuse” occurs when a person:
21 1. Commits aggravated battery on a child;
22 2. Willfully tortures, maliciously punishes, or willfully
23 and unlawfully cages a child; or
24 3. Knowingly or willfully abuses a child and in so doing
25 causes great bodily harm, permanent disability, or permanent
26 disfigurement to the child.
27 (b) “Child abuse” means:
28 1.(a) Intentional infliction of physical or mental injury
29 upon a child;
30 2.(b) An intentional act that could reasonably be expected
31 to result in physical or mental injury to a child; or
32 3.(c) Active encouragement of any person to commit an act
33 that results or could reasonably be expected to result in
34 physical or mental injury to a child.
35
36 A person who knowingly or willfully abuses a child without
37 causing great bodily harm, permanent disability, or permanent
38 disfigurement to the child commits a felony of the third degree,
39 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
40 (2) “Aggravated child abuse” occurs when a person:
41 (a) Commits aggravated battery on a child;
42 (b) Willfully tortures, maliciously punishes, or willfully
43 and unlawfully cages a child; or
44 (c) Knowingly or willfully abuses a child and in so doing
45 causes great bodily harm, permanent disability, or permanent
46 disfigurement to the child.
47
48 A person who commits aggravated child abuse commits a felony of
49 the first degree, punishable as provided in s. 775.082, s.
50 775.083, or s. 775.084.
51 (c) “Maliciously” means wrongfully, intentionally, and
52 without legal justification or excuse. Maliciousness may be
53 established by circumstances from which one could conclude that
54 a reasonable parent would not have engaged in the damaging acts
55 toward the child for any valid reason and that the primary
56 purpose of the acts was to cause the victim unjustifiable pain
57 or injury.
58 (d) “Mental injury” has the same meaning as provided in s.
59 39.01.
60 (e)(3)(a) “Neglect of a child” means:
61 1. A caregiver’s failure or omission to provide a child
62 with the care, supervision, and services necessary to maintain
63 the child’s physical and mental health, including, but not
64 limited to, food, nutrition, clothing, shelter, supervision,
65 medicine, and medical services that a prudent person would
66 consider essential for the well-being of the child; or
67 2. A caregiver’s failure to make a reasonable effort to
68 protect a child from abuse, neglect, or exploitation by another
69 person.
70
71 Neglect of a child may be based on repeated conduct or on a
72 single incident or omission that results in, or could reasonably
73 be expected to result in, serious physical or mental injury, or
74 a substantial risk of death, to a child.
75 (2) OFFENSES.—
76 (a) A person who commits aggravated child abuse commits a
77 felony of the first degree, punishable as provided in s.
78 775.082, s. 775.083, or s. 775.084.
79 (b) A person who willfully or by culpable negligence
80 neglects a child and in so doing causes great bodily harm,
81 permanent disability, or permanent disfigurement to the child
82 commits a felony of the second degree, punishable as provided in
83 s. 775.082, s. 775.083, or s. 775.084.
84 (c) A person who knowingly or willfully abuses a child
85 without causing great bodily harm, permanent disability, or
86 permanent disfigurement to the child commits a felony of the
87 third degree, punishable as provided in s. 775.082, s. 775.083,
88 or s. 775.084.
89 (d)(c) A person who willfully or by culpable negligence
90 neglects a child without causing great bodily harm, permanent
91 disability, or permanent disfigurement to the child commits a
92 felony of the third degree, punishable as provided in s.
93 775.082, s. 775.083, or s. 775.084.
94 (3) EXCEPTION.—An act does not violate this section if it
95 is protected by the First Amendment to the United States
96 Constitution or s. 4, Art. I of the State Constitution.
97 (4) For purposes of this section, “maliciously” means
98 wrongfully, intentionally, and without legal justification or
99 excuse. Maliciousness may be established by circumstances from
100 which one could conclude that a reasonable parent would not have
101 engaged in the damaging acts toward the child for any valid
102 reason and that the primary purpose of the acts was to cause the
103 victim unjustifiable pain or injury.
104 Section 2. Paragraph (d) of subsection (1) of section
105 775.084, Florida Statutes, is amended to read:
106 775.084 Violent career criminals; habitual felony offenders
107 and habitual violent felony offenders; three-time violent felony
108 offenders; definitions; procedure; enhanced penalties or
109 mandatory minimum prison terms.—
110 (1) As used in this act:
111 (d) “Violent career criminal” means a defendant for whom
112 the court must impose imprisonment pursuant to paragraph (4)(d),
113 if it finds that:
114 1. The defendant has previously been convicted as an adult
115 three or more times for an offense in this state or other
116 qualified offense that is:
117 a. Any forcible felony, as described in s. 776.08;
118 b. Aggravated stalking, as described in s. 784.048(3) and
119 (4);
120 c. Aggravated child abuse, as described in s. 827.03(2)(a);
121 d. Aggravated abuse of an elderly person or disabled adult,
122 as described in s. 825.102(2);
123 e. Lewd or lascivious battery, lewd or lascivious
124 molestation, lewd or lascivious conduct, or lewd or lascivious
125 exhibition, as described in s. 800.04 or s. 847.0135(5);
126 f. Escape, as described in s. 944.40; or
127 g. A felony violation of chapter 790 involving the use or
128 possession of a firearm.
129 2. The defendant has been incarcerated in a state prison or
130 a federal prison.
131 3. The primary felony offense for which the defendant is to
132 be sentenced is a felony enumerated in subparagraph 1. and was
133 committed on or after October 1, 1995, and:
134 a. While the defendant was serving a prison sentence or
135 other sentence, or court-ordered or lawfully imposed supervision
136 that is imposed as a result of a prior conviction for an
137 enumerated felony; or
138 b. Within 5 years after the conviction of the last prior
139 enumerated felony, or within 5 years after the defendant’s
140 release from a prison sentence, probation, community control,
141 control release, conditional release, parole, or court-ordered
142 or lawfully imposed supervision or other sentence that is
143 imposed as a result of a prior conviction for an enumerated
144 felony, whichever is later.
145 4. The defendant has not received a pardon for any felony
146 or other qualified offense that is necessary for the operation
147 of this paragraph.
148 5. A conviction of a felony or other qualified offense
149 necessary to the operation of this paragraph has not been set
150 aside in any postconviction proceeding.
151 Section 3. Subsection (1) of section 775.0877, Florida
152 Statutes, is amended to read:
153 775.0877 Criminal transmission of HIV; procedures;
154 penalties.—
155 (1) In any case in which a person has been convicted of or
156 has pled nolo contendere or guilty to, regardless of whether
157 adjudication is withheld, any of the following offenses, or the
158 attempt thereof, which offense or attempted offense involves the
159 transmission of body fluids from one person to another:
160 (a) Section 794.011, relating to sexual battery;,
161 (b) Section 826.04, relating to incest;,
162 (c) Section 800.04(1), (2), and (3), relating to lewd,
163 lascivious, or indecent assault or act upon any person less than
164 16 years of age;,
165 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
166 relating to assault;,
167 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
168 relating to aggravated assault;,
169 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
170 relating to battery;,
171 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
172 relating to aggravated battery;,
173 (h) Section 827.03(2)(c)(1), relating to child abuse;,
174 (i) Section 827.03(2)(a), relating to aggravated child
175 abuse;,
176 (j) Section 825.102(1), relating to abuse of an elderly
177 person or disabled adult;,
178 (k) Section 825.102(2), relating to aggravated abuse of an
179 elderly person or disabled adult;,
180 (l) Section 827.071, relating to sexual performance by
181 person less than 18 years of age;,
182 (m) Sections 796.03, 796.07, and 796.08, relating to
183 prostitution;, or
184 (n) Section 381.0041(11)(b), relating to donation of blood,
185 plasma, organs, skin, or other human tissue,
186
187 the court shall order the offender to undergo HIV testing, to be
188 performed under the direction of the Department of Health in
189 accordance with s. 381.004, unless the offender has undergone
190 HIV testing voluntarily or pursuant to procedures established in
191 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
192 rule providing for HIV testing of criminal offenders or inmates,
193 subsequent to her or his arrest for an offense enumerated in
194 paragraphs (a)-(n) for which she or he was convicted or to which
195 she or he pled nolo contendere or guilty. The results of an HIV
196 test performed on an offender pursuant to this subsection are
197 not admissible in any criminal proceeding arising out of the
198 alleged offense.
199 Section 4. Subsection (3) of section 782.07, Florida
200 Statutes, is amended to read:
201 782.07 Manslaughter; aggravated manslaughter of an elderly
202 person or disabled adult; aggravated manslaughter of a child;
203 aggravated manslaughter of an officer, a firefighter, an
204 emergency medical technician, or a paramedic.—
205 (3) A person who causes the death of any person under the
206 age of 18 by culpable negligence under s. 827.03(2)(b)(3)
207 commits aggravated manslaughter of a child, a felony of the
208 first degree, punishable as provided in s. 775.082, s. 775.083,
209 or s. 775.084.
210 Section 5. Paragraphs (f), (g), and (i) of subsection (3)
211 of section 921.0022, Florida Statutes, are amended to read:
212 921.0022 Criminal Punishment Code; offense severity ranking
213 chart.—
214 (3) OFFENSE SEVERITY RANKING CHART
215 (f) LEVEL 6
216 FloridaStatute FelonyDegree Description
217 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
218 499.0051(3) 2nd Knowing forgery of pedigree papers.
219 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
220 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
221 775.0875(1) 3rd Taking firearm from law enforcement officer.
222 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
223 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
224 784.041 3rd Felony battery; domestic battery by strangulation.
225 784.048(3) 3rd Aggravated stalking; credible threat.
226 784.048(5) 3rd Aggravated stalking of person under 16.
227 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
228 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
229 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
230 784.081(2) 2nd Aggravated assault on specified official or employee.
231 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
232 784.083(2) 2nd Aggravated assault on code inspector.
233 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
234 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
235 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
236 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
237 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
238 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
239 794.05(1) 2nd Unlawful sexual activity with specified minor.
240 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
241 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
242 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
243 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
244 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
245 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
246 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
247 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
248 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
249 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
250 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
251 825.102(1) 3rd Abuse of an elderly person or disabled adult.
252 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
253 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
254 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
255 827.03(2)(c) (1) 3rd Abuse of a child.
256 827.03(2)(d) (3)(c)3rd Neglect of a child.
257 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
258 836.05 2nd Threats; extortion.
259 836.10 2nd Written threats to kill or do bodily injury.
260 843.12 3rd Aids or assists person to escape.
261 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
262 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
263 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
264 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
265 944.35(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.
266 944.40 2nd Escapes.
267 944.46 3rd Harboring, concealing, aiding escaped prisoners.
268 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
269 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
270 (g) LEVEL 7
271 FloridaStatute FelonyDegree Description
272 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
273 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
274 316.1935(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.
275 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
276 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
277 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
278 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
279 456.065(2) 3rd Practicing a health care profession without a license.
280 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
281 458.327(1) 3rd Practicing medicine without a license.
282 459.013(1) 3rd Practicing osteopathic medicine without a license.
283 460.411(1) 3rd Practicing chiropractic medicine without a license.
284 461.012(1) 3rd Practicing podiatric medicine without a license.
285 462.17 3rd Practicing naturopathy without a license.
286 463.015(1) 3rd Practicing optometry without a license.
287 464.016(1) 3rd Practicing nursing without a license.
288 465.015(2) 3rd Practicing pharmacy without a license.
289 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
290 467.201 3rd Practicing midwifery without a license.
291 468.366 3rd Delivering respiratory care services without a license.
292 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
293 483.901(9) 3rd Practicing medical physics without a license.
294 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
295 484.053 3rd Dispensing hearing aids without a license.
296 494.0018(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.
297 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
298 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
299 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
300 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
301 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
302 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
303 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
304 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
305 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
306 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
307 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
308 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
309 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
310 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
311 784.048(7) 3rd Aggravated stalking; violation of court order.
312 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
313 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
314 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
315 784.081(1) 1st Aggravated battery on specified official or employee.
316 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
317 784.083(1) 1st Aggravated battery on code inspector.
318 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
319 790.16(1) 1st Discharge of a machine gun under specified circumstances.
320 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
321 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
322 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
323 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
324 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
325 794.08(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.
326 796.03 2nd Procuring any person under 16 years for prostitution.
327 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
328 800.04(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.
329 806.01(2) 2nd Maliciously damage structure by fire or explosive.
330 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
331 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
332 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
333 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
334 812.014(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.
335 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
336 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
337 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
338 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
339 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
340 812.131(2)(a) 2nd Robbery by sudden snatching.
341 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
342 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
343 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
344 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
345 817.2341(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.
346 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
347 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
348 827.03(2)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
349 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
350 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
351 838.015 2nd Bribery.
352 838.016 2nd Unlawful compensation or reward for official behavior.
353 838.021(3)(a) 2nd Unlawful harm to a public servant.
354 838.22 2nd Bid tampering.
355 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
356 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
357 872.06 2nd Abuse of a dead human body.
358 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
359 893.13(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.
360 893.13(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.
361 893.13(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).
362 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
363 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
364 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
365 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
366 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
367 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
368 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
369 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
370 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
371 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
372 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
373 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
374 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
375 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
376 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
377 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
378 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
379 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
380 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
381 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
382 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
383 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
384 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
385 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
386 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
387 (i) LEVEL 9
388 FloridaStatute FelonyDegree Description
389 316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
390 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
391 409.920(2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
392 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
393 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
394 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
395 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
396 775.0844 1st Aggravated white collar crime.
397 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
398 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
399 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
400 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
401 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
402 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
403 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
404 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
405 790.161 1st Attempted capital destructive device offense.
406 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
407 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
408 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
409 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
410 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
411 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
412 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
413 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
414 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
415 812.135(2)(b) 1st Home-invasion robbery with weapon.
416 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
417 827.03(2)(a) 1st Aggravated child abuse.
418 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
419 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
420 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
421 893.135 1st Attempted capital trafficking offense.
422 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
423 893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
424 893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
425 893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
426 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
427 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
428 893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
429 893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
430 893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
431 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
432 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
433 Section 6. Subsection (1) of section 948.062, Florida
434 Statutes, is amended to read:
435 948.062 Reviewing and reporting serious offenses committed
436 by offenders placed on probation or community control.—
437 (1) The department shall review the circumstances related
438 to an offender placed on probation or community control who has
439 been arrested while on supervision for the following offenses:
440 (a) Any murder as provided in s. 782.04;
441 (b) Any sexual battery as provided in s. 794.011 or s.
442 794.023;
443 (c) Any sexual performance by a child as provided in s.
444 827.071;
445 (d) Any kidnapping, false imprisonment, or luring of a
446 child as provided in s. 787.01, s. 787.02, or s. 787.025;
447 (e) Any lewd and lascivious battery or lewd and lascivious
448 molestation as provided in s. 800.04(4) or (5);
449 (f) Any aggravated child abuse as provided in s.
450 827.03(2)(a);
451 (g) Any robbery with a firearm or other deadly weapon, home
452 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
453 s. 812.135, or s. 812.133;
454 (h) Any aggravated stalking as provided in s. 784.048(3),
455 (4), or (5);
456 (i) Any forcible felony as provided in s. 776.08, committed
457 by any person on probation or community control who is
458 designated as a sexual predator; or
459 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
460 or vehicular or vessel homicide as provided in s. 782.071 or s.
461 782.072, committed by any person who is on probation or
462 community control for an offense involving death or injury
463 resulting from a driving incident.
464 Section 7. Paragraph (a) of subsection (3) of section
465 960.03, Florida Statutes, is amended to read:
466 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
467 960.01-960.28, unless the context otherwise requires, the term:
468 (3) “Crime” means:
469 (a) A felony or misdemeanor offense committed by either an
470 adult or a juvenile which results in physical injury or death,
471 including a felony or misdemeanor offense committed by an adult
472 or a juvenile which results in psychiatric or psychological
473 injury to a person younger than 18 years of age who was not
474 physically injured by the criminal act. The term also includes
475 any such criminal act that which is committed within this state
476 but that which falls exclusively within federal jurisdiction.
477 Section 8. This act shall take effect July 1, 2010.
