Senate Bill sb0614

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    Florida Senate - 2007                                   SB 614

    By Senator Crist





    12-398-07

  1                      A bill to be entitled

  2         An act relating to assault or battery of a law

  3         enforcement officer; amending s. 784.07, F.S.;

  4         redefining the term "law enforcement officer"

  5         to include a federal law enforcement officer

  6         for purposes of certain enhanced penalties

  7         imposed for the offense of assault or battery

  8         of a law enforcement officer; reenacting ss.

  9         435.04(3)(a), 901.15(15), 921.0022(3)(d), (f),

10         and (g), 943.051(3)(b), and 985.11(1)(b), F.S.,

11         relating to screening standards, arrest without

12         warrant, the offense severity ranking chart,

13         and the fingerprinting of minors, to

14         incorporate the amendment to s. 784.07, F.S.,

15         in references thereto; providing an effective

16         date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Paragraph (a) of subsection (1) of section

21  784.07, Florida Statutes, is amended, and subsections (2) and

22  (3) of that section are reenacted, to read:

23         784.07  Assault or battery of law enforcement officers,

24  firefighters, emergency medical care providers, public transit

25  employees or agents, or other specified officers;

26  reclassification of offenses; minimum sentences.--

27         (1)  As used in this section, the term:

28         (a)  "Law enforcement officer" includes a law

29  enforcement officer, a correctional officer, a correctional

30  probation officer, a part-time law enforcement officer, a

31  part-time correctional officer, an auxiliary law enforcement

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 1  officer, and an auxiliary correctional officer, as those terms

 2  are respectively defined in s. 943.10, and any county

 3  probation officer; an employee or agent of the Department of

 4  Corrections who supervises or provides services to inmates; an

 5  officer of the Parole Commission; a federal law enforcement

 6  officer as defined in s. 901.1505; and law enforcement

 7  personnel of the Fish and Wildlife Conservation Commission,

 8  the Department of Environmental Protection, or the Department

 9  of Law Enforcement.

10         (2)  Whenever any person is charged with knowingly

11  committing an assault or battery upon a law enforcement

12  officer, a firefighter, an emergency medical care provider, a

13  traffic accident investigation officer as described in s.

14  316.640, a nonsworn law enforcement agency employee who is

15  certified as an agency inspector, blood alcohol analyst, or a

16  breath test operator while such employee is in uniform and

17  engaged in processing, testing, evaluating, analyzing, or

18  transporting a person who is detained or under arrest for DUI,

19  a traffic infraction enforcement officer as described in s.

20  316.640, a parking enforcement specialist as defined in s.

21  316.640, a person licensed as a security officer as defined in

22  s. 493.6101 and wearing a uniform that bears at least one

23  patch or emblem that is visible at all times that clearly

24  identifies the employing agency and that clearly identifies

25  the person as a licensed security officer, or a security

26  officer employed by the board of trustees of a community

27  college, while the officer, firefighter, emergency medical

28  care provider, intake officer, traffic accident investigation

29  officer, traffic infraction enforcement officer, inspector,

30  analyst, operator, parking enforcement specialist, public

31  transit employee or agent, or security officer is engaged in

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 1  the lawful performance of his or her duties, the offense for

 2  which the person is charged shall be reclassified as follows:

 3         (a)  In the case of assault, from a misdemeanor of the

 4  second degree to a misdemeanor of the first degree.

 5         (b)  In the case of battery, from a misdemeanor of the

 6  first degree to a felony of the third degree.

 7         (c)  In the case of aggravated assault, from a felony

 8  of the third degree to a felony of the second degree.

 9  Notwithstanding any other provision of law, any person

10  convicted of aggravated assault upon a law enforcement officer

11  shall be sentenced to a minimum term of imprisonment of 3

12  years.

13         (d)  In the case of aggravated battery, from a felony

14  of the second degree to a felony of the first degree.

15  Notwithstanding any other provision of law, any person

16  convicted of aggravated battery of a law enforcement officer

17  shall be sentenced to a minimum term of imprisonment of 5

18  years.

19         (3)  Any person who is convicted of a battery under

20  paragraph (2)(b) and, during the commission of the offense,

21  such person possessed:

22         (a)  A "firearm" or "destructive device" as those terms

23  are defined in s. 790.001, shall be sentenced to a minimum

24  term of imprisonment of 3 years.

25         (b)  A semiautomatic firearm and its high-capacity

26  detachable box magazine, as defined in s. 775.087(3), or a

27  machine gun as defined in s. 790.001, shall be sentenced to a

28  minimum term of imprisonment of 8 years.

29  

30  Notwithstanding s. 948.01, adjudication of guilt or imposition

31  of sentence shall not be suspended, deferred, or withheld, and

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 1  the defendant is not eligible for statutory gain-time under s.

 2  944.275 or any form of discretionary early release, other than

 3  pardon or executive clemency, or conditional medical release

 4  under s. 947.149, prior to serving the minimum sentence.

 5         Section 2.  For the purpose of incorporating the

 6  amendment made by this act to section 784.07, Florida

 7  Statutes, in a reference thereto, paragraph (a) of subsection

 8  (3) of section 435.04, Florida Statutes, is reenacted to read:

 9         435.04  Level 2 screening standards.--

10         (3)  The security background investigations conducted

11  under this section for employees of the Department of Juvenile

12  Justice must ensure that no persons subject to the provisions

13  of this section have been found guilty of, regardless of

14  adjudication, or entered a plea of nolo contendere or guilty

15  to, any offense prohibited under any of the following

16  provisions of the Florida Statutes or under any similar

17  statute of another jurisdiction:

18         (a)  Section 784.07, relating to assault or battery of

19  law enforcement officers, firefighters, emergency medical care

20  providers, public transit employees or agents, or other

21  specified officers.

22  

23  The Department of Juvenile Justice may not remove a

24  disqualification from employment or grant an exemption to any

25  person who is disqualified under this section for any offense

26  disposed of during the most recent 7-year period.

27         Section 3.  For the purpose of incorporating the

28  amendment made by this act to section 784.07, Florida

29  Statutes, in a reference thereto, subsection (15) of section

30  901.15, Florida Statutes, is reenacted to read:

31  

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 1         901.15  When arrest by officer without warrant is

 2  lawful.--A law enforcement officer may arrest a person without

 3  a warrant when:

 4         (15)  There is probable cause to believe that the

 5  person has committed assault upon a law enforcement officer, a

 6  firefighter, an emergency medical care provider, public

 7  transit employees or agents, or other specified officers as

 8  set forth in s. 784.07 or has committed assault or battery

 9  upon any employee of a receiving facility as defined in s.

10  394.455 who is engaged in the lawful performance of his or her

11  duties.

12         Section 4.  For the purpose of incorporating the

13  amendment made by this act to section 784.07, Florida

14  Statutes, in a reference thereto, paragraphs (d), (f), and (g)

15  of subsection (3) of section 921.0022, Florida Statutes, are

16  reenacted to read:

17         921.0022  Criminal Punishment Code; offense severity

18  ranking chart.--

19         (3)  OFFENSE SEVERITY RANKING CHART

20  

21  Florida           Felony

22  Statute           Degree             Description

23  

24    

25                              (d)  LEVEL 4

26  316.1935(3)(a)     2nd      Driving at high speed or with

27                              wanton disregard for safety while

28                              fleeing or attempting to elude

29                              law enforcement officer who is in

30                              a patrol vehicle with siren and

31                              lights activated.

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 1  499.0051(1)        3rd      Failure to maintain or deliver

 2                              pedigree papers.

 3  499.0051(2)        3rd      Failure to authenticate pedigree

 4                              papers.

 5  499.0051(6)        2nd      Sale or delivery, or possession

 6                              with intent to sell, contraband

 7                              legend drugs.

 8  784.07(2)(b)       3rd      Battery of law enforcement

 9                              officer, firefighter, intake

10                              officer, etc.

11  784.074(1)(c)      3rd      Battery of sexually violent

12                              predators facility staff.

13  784.075            3rd      Battery on detention or

14                              commitment facility staff.

15  784.078            3rd      Battery of facility employee by

16                              throwing, tossing, or expelling

17                              certain fluids or materials.

18  784.08(2)(c)       3rd      Battery on a person 65 years of

19                              age or older.

20  784.081(3)         3rd      Battery on specified official or

21                              employee.

22  784.082(3)         3rd      Battery by detained person on

23                              visitor or other detainee.

24  784.083(3)         3rd      Battery on code inspector.

25  784.085            3rd      Battery of child by throwing,

26                              tossing, projecting, or expelling

27                              certain fluids or materials.

28  787.03(1)          3rd      Interference with custody;

29                              wrongly takes minor from

30                              appointed guardian.

31  

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 1  787.04(2)          3rd      Take, entice, or remove child

 2                              beyond state limits with criminal

 3                              intent pending custody

 4                              proceedings.

 5  787.04(3)          3rd      Carrying child beyond state lines

 6                              with criminal intent to avoid

 7                              producing child at custody

 8                              hearing or delivering to

 9                              designated person.

10  790.115(1)         3rd      Exhibiting firearm or weapon

11                              within 1,000 feet of a school.

12  790.115(2)(b)      3rd      Possessing electric weapon or

13                              device, destructive device, or

14                              other weapon on school property.

15  790.115(2)(c)      3rd      Possessing firearm on school

16                              property.

17  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

18                              offender less than 18 years.

19  810.02(4)(a)       3rd      Burglary, or attempted burglary,

20                              of an unoccupied structure;

21                              unarmed; no assault or battery.

22  810.02(4)(b)       3rd      Burglary, or attempted burglary,

23                              of an unoccupied conveyance;

24                              unarmed; no assault or battery.

25  810.06             3rd      Burglary; possession of tools.

26  810.08(2)(c)       3rd      Trespass on property, armed with

27                              firearm or dangerous weapon.

28  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

29                              or more but less than $20,000.

30  

31  

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 1  812.014

 2   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

 3                              firearm, motor vehicle,

 4                              livestock, etc.

 5  812.0195(2)        3rd      Dealing in stolen property by use

 6                              of the Internet; property stolen

 7                              $300 or more.

 8  817.563(1)         3rd      Sell or deliver substance other

 9                              than controlled substance agreed

10                              upon, excluding s. 893.03(5)

11                              drugs.

12  817.568(2)(a)      3rd      Fraudulent use of personal

13                              identification information.

14  817.625(2)(a)      3rd      Fraudulent use of scanning device

15                              or reencoder.

16  828.125(1)         2nd      Kill, maim, or cause great bodily

17                              harm or permanent breeding

18                              disability to any registered

19                              horse or cattle.

20  837.02(1)          3rd      Perjury in official proceedings.

21  837.021(1)         3rd      Make contradictory statements in

22                              official proceedings.

23  838.022            3rd      Official misconduct.

24  839.13(2)(a)       3rd      Falsifying records of an

25                              individual in the care and

26                              custody of a state agency.

27  839.13(2)(c)       3rd      Falsifying records of the

28                              Department of Children and Family

29                              Services.

30  

31  

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 1  843.021            3rd      Possession of a concealed

 2                              handcuff key by a person in

 3                              custody.

 4  843.025            3rd      Deprive law enforcement,

 5                              correctional, or correctional

 6                              probation officer of means of

 7                              protection or communication.

 8  843.15(1)(a)       3rd      Failure to appear while on bail

 9                              for felony (bond estreature or

10                              bond jumping).

11  874.05(1)          3rd      Encouraging or recruiting another

12                              to join a criminal street gang.

13  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

14                              893.03(1)(a), (b), or (d),

15                              (2)(a), (2)(b), or (2)(c)4.

16                              drugs).

17  914.14(2)          3rd      Witnesses accepting bribes.

18  914.22(1)          3rd      Force, threaten, etc., witness,

19                              victim, or informant.

20  914.23(2)          3rd      Retaliation against a witness,

21                              victim, or informant, no bodily

22                              injury.

23  918.12             3rd      Tampering with jurors.

24  934.215            3rd      Use of two-way communications

25                              device to facilitate commission

26                              of a crime.

27                              (f)  LEVEL 6

28  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

29                              conviction.

30  499.0051(3)        2nd      Forgery of pedigree papers.

31  

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 1  499.0051(4)        2nd      Purchase or receipt of legend

 2                              drug from unauthorized person.

 3  499.0051(5)        2nd      Sale of legend drug to

 4                              unauthorized person.

 5  775.0875(1)        3rd      Taking firearm from law

 6                              enforcement officer.

 7  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 8                              without intent to kill.

 9  784.021(1)(b)      3rd      Aggravated assault; intent to

10                              commit felony.

11  784.041            3rd      Felony battery.

12  784.048(3)         3rd      Aggravated stalking; credible

13                              threat.

14  784.048(5)         3rd      Aggravated stalking of person

15                              under 16.

16  784.07(2)(c)       2nd      Aggravated assault on law

17                              enforcement officer.

18  784.074(1)(b)      2nd      Aggravated assault on sexually

19                              violent predators facility staff.

20  784.08(2)(b)       2nd      Aggravated assault on a person 65

21                              years of age or older.

22  784.081(2)         2nd      Aggravated assault on specified

23                              official or employee.

24  784.082(2)         2nd      Aggravated assault by detained

25                              person on visitor or other

26                              detainee.

27  784.083(2)         2nd      Aggravated assault on code

28                              inspector.

29  787.02(2)          3rd      False imprisonment; restraining

30                              with purpose other than those in

31                              s. 787.01.

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 1  790.115(2)(d)      2nd      Discharging firearm or weapon on

 2                              school property.

 3  790.161(2)         2nd      Make, possess, or throw

 4                              destructive device with intent to

 5                              do bodily harm or damage

 6                              property.

 7  790.164(1)         2nd      False report of deadly explosive,

 8                              weapon of mass destruction, or

 9                              act of arson or violence to state

10                              property.

11  790.19             2nd      Shooting or throwing deadly

12                              missiles into dwellings, vessels,

13                              or vehicles.

14  794.011(8)(a)      3rd      Solicitation of minor to

15                              participate in sexual activity by

16                              custodial adult.

17  794.05(1)          2nd      Unlawful sexual activity with

18                              specified minor.

19  800.04(5)(d)       3rd      Lewd or lascivious molestation;

20                              victim 12 years of age or older

21                              but less than 16 years; offender

22                              less than 18 years.

23  800.04(6)(b)       2nd      Lewd or lascivious conduct;

24                              offender 18 years of age or

25                              older.

26  806.031(2)         2nd      Arson resulting in great bodily

27                              harm to firefighter or any other

28                              person.

29  810.02(3)(c)       2nd      Burglary of occupied structure;

30                              unarmed; no assault or battery.

31  

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 1  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

 2                              but less than $100,000, grand

 3                              theft in 2nd degree.

 4  812.015(9)         2nd      Retail theft; property stolen

 5                              $300 or more; second or

 6                              subsequent conviction.

 7  812.13(2)(c)       2nd      Robbery, no firearm or other

 8                              weapon (strong-arm robbery).

 9  817.034(4)(a)1.    1st      Communications fraud, value

10                              greater than $50,000.

11  817.4821(5)        2nd      Possess cloning paraphernalia

12                              with intent to create cloned

13                              cellular telephones.

14  825.102(1)         3rd      Abuse of an elderly person or

15                              disabled adult.

16  825.102(3)(c)      3rd      Neglect of an elderly person or

17                              disabled adult.

18  825.1025(3)        3rd      Lewd or lascivious molestation of

19                              an elderly person or disabled

20                              adult.

21  825.103(2)(c)      3rd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at less than $20,000.

24  827.03(1)          3rd      Abuse of a child.

25  827.03(3)(c)       3rd      Neglect of a child.

26  827.071(2)&(3)     2nd      Use or induce a child in a sexual

27                              performance, or promote or direct

28                              such performance.

29  836.05             2nd      Threats; extortion.

30  836.10             2nd      Written threats to kill or do

31                              bodily injury.

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 1  843.12             3rd      Aids or assists person to escape.

 2  847.0135(2)        3rd      Facilitates sexual conduct of or

 3                              with a minor or the visual

 4                              depiction of such conduct.

 5  914.23             2nd      Retaliation against a witness,

 6                              victim, or informant, with bodily

 7                              injury.

 8  944.35(3)(a)2.     3rd      Committing malicious battery upon

 9                              or inflicting cruel or inhuman

10                              treatment on an inmate or

11                              offender on community

12                              supervision, resulting in great

13                              bodily harm.

14  944.40             2nd      Escapes.

15  944.46             3rd      Harboring, concealing, aiding

16                              escaped prisoners.

17  944.47(1)(a)5.     2nd      Introduction of contraband

18                              (firearm, weapon, or explosive)

19                              into correctional facility.

20  951.22(1)          3rd      Intoxicating drug, firearm, or

21                              weapon introduced into county

22                              facility.

23                              (g)  LEVEL 7

24  316.027(1)(b)      1st      Accident involving death, failure

25                              to stop; leaving scene.

26  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

27                              injury.

28  

29  

30  

31  

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 1  316.1935(3)(b)     1st      Causing serious bodily injury or

 2                              death to another person; driving

 3                              at high speed or with wanton

 4                              disregard for safety while

 5                              fleeing or attempting to elude

 6                              law enforcement officer who is in

 7                              a patrol vehicle with siren and

 8                              lights activated.

 9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  456.065(2)         3rd      Practicing a health care

18                              profession without a license.

19  456.065(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

31  

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 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  

30  

31  

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 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  775.21(10)(a)      3rd      Sexual predator; failure to

14                              register; failure to renew

15                              driver's license or

16                              identification card; other

17                              registration violations.

18  775.21(10)(b)      3rd      Sexual predator working where

19                              children regularly congregate.

20  775.21(10)(g)      3rd      Failure to report or providing

21                              false information about a sexual

22                              predator; harbor or conceal a

23                              sexual predator.

24  782.051(3)         2nd      Attempted felony murder of a

25                              person by a person other than the

26                              perpetrator or the perpetrator of

27                              an attempted felony.

28  782.07(1)          2nd      Killing of a human being by the

29                              act, procurement, or culpable

30                              negligence of another

31                              (manslaughter).

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 1  782.071            2nd      Killing of human being or viable

 2                              fetus by the operation of a motor

 3                              vehicle in a reckless manner

 4                              (vehicular homicide).

 5  782.072            2nd      Killing of a human being by the

 6                              operation of a vessel in a

 7                              reckless manner (vessel

 8                              homicide).

 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.048(7)         3rd      Aggravated stalking; violation of

19                              court order.

20  784.07(2)(d)       1st      Aggravated battery on law

21                              enforcement officer.

22  784.074(1)(a)      1st      Aggravated battery on sexually

23                              violent predators facility staff.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

31  

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 1  784.083(1)         1st      Aggravated battery on code

 2                              inspector.

 3  790.07(4)          1st      Specified weapons violation

 4                              subsequent to previous conviction

 5                              of s. 790.07(1) or (2).

 6  790.16(1)          1st      Discharge of a machine gun under

 7                              specified circumstances.

 8  790.165(2)         2nd      Manufacture, sell, possess, or

 9                              deliver hoax bomb.

10  790.165(3)         2nd      Possessing, displaying, or

11                              threatening to use any hoax bomb

12                              while committing or attempting to

13                              commit a felony.

14  790.166(3)         2nd      Possessing, selling, using, or

15                              attempting to use a hoax weapon

16                              of mass destruction.

17  790.166(4)         2nd      Possessing, displaying, or

18                              threatening to use a hoax weapon

19                              of mass destruction while

20                              committing or attempting to

21                              commit a felony.

22  796.03             2nd      Procuring any person under 16

23                              years for prostitution.

24  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

25                              victim less than 12 years of age;

26                              offender less than 18 years.

27  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

28                              victim 12 years of age or older

29                              but less than 16 years; offender

30                              18 years or older.

31  

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 1  806.01(2)          2nd      Maliciously damage structure by

 2                              fire or explosive.

 3  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 6                              unarmed; no assault or battery.

 7  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 8                              unarmed; no assault or battery.

 9  812.014(2)(a)1.    1st      Property stolen, valued at

10                              $100,000 or more or a semitrailer

11                              deployed by a law enforcement

12                              officer; property stolen while

13                              causing other property damage;

14                              1st degree grand theft.

15  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

16                              less than $50,000, grand theft in

17                              2nd degree.

18  812.014(2)(b)3.    2nd      Property stolen, emergency

19                              medical equipment; 2nd degree

20                              grand theft.

21  812.0145(2)(a)     1st      Theft from person 65 years of age

22                              or older; $50,000 or more.

23  812.019(2)         1st      Stolen property; initiates,

24                              organizes, plans, etc., the theft

25                              of property and traffics in

26                              stolen property.

27  812.131(2)(a)      2nd      Robbery by sudden snatching.

28  812.133(2)(b)      1st      Carjacking; no firearm, deadly

29                              weapon, or other weapon.

30  

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 1  817.234(8)(a)      2nd      Solicitation of motor vehicle

 2                              accident victims with intent to

 3                              defraud.

 4  817.234(9)         2nd      Organizing, planning, or

 5                              participating in an intentional

 6                              motor vehicle collision.

 7  817.234(11)(c)     1st      Insurance fraud; property value

 8                              $100,000 or more.

 9  817.2341(2)(b)&

10   (3)(b)            1st      Making false entries of material

11                              fact or false statements

12                              regarding property values

13                              relating to the solvency of an

14                              insuring entity which are a

15                              significant cause of the

16                              insolvency of that entity.

17  825.102(3)(b)      2nd      Neglecting an elderly person or

18                              disabled adult causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

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 1  837.05(2)          3rd      Giving false information about

 2                              alleged capital felony to a law

 3                              enforcement officer.

 4  838.015            2nd      Bribery.

 5  838.016            2nd      Unlawful compensation or reward

 6                              for official behavior.

 7  838.021(3)(a)      2nd      Unlawful harm to a public

 8                              servant.

 9  838.22             2nd      Bid tampering.

10  847.0135(3)        3rd      Solicitation of a child, via a

11                              computer service, to commit an

12                              unlawful sex act.

13  872.06             2nd      Abuse of a dead human body.

14  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

15                              cocaine (or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4.) within 1,000 feet of a

19                              child care facility, school, or

20                              state, county, or municipal park

21                              or publicly owned recreational

22                              facility or community center.

23  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

24                              cocaine or other drug prohibited

25                              under s. 893.03(1)(a), (1)(b),

26                              (1)(d), (2)(a), (2)(b), or

27                              (2)(c)4., within 1,000 feet of

28                              property used for religious

29                              services or a specified business

30                              site.

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 1  893.13(4)(a)       1st      Deliver to minor cocaine (or

 2                              other s. 893.03(1)(a), (1)(b),

 3                              (1)(d), (2)(a), (2)(b), or

 4                              (2)(c)4. drugs).

 5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 6                              than 25 lbs., less than 2,000

 7                              lbs.

 8  893.135

 9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

29  

30  

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 1  893.135

 2   (1)(h)1.a.        1st      Trafficking in

 3                              gamma-hydroxybutyric acid (GHB),

 4                              1 kilogram or more, less than 5

 5                              kilograms.

 6  893.135

 7   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

 8                              kilogram or more, less than 5

 9                              kilograms.

10  893.135

11   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22  943.0435(4)(c)     2nd      Sexual offender vacating

23                              permanent residence; failure to

24                              comply with reporting

25                              requirements.

26  943.0435(8)        2nd      Sexual offender; remains in state

27                              after indicating intent to leave;

28                              failure to comply with reporting

29                              requirements.

30  

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 1  943.0435(9)(a)     3rd      Sexual offender; failure to

 2                              comply with reporting

 3                              requirements.

 4  943.0435(13)       3rd      Failure to report or providing

 5                              false information about a sexual

 6                              offender; harbor or conceal a

 7                              sexual offender.

 8  943.0435(14)       3rd      Sexual offender; failure to

 9                              report and reregister; failure to

10                              respond to address verification.

11  944.607(9)         3rd      Sexual offender; failure to

12                              comply with reporting

13                              requirements.

14  944.607(10)(a)     3rd      Sexual offender; failure to

15                              submit to the taking of a

16                              digitized photograph.

17  944.607(12)        3rd      Failure to report or providing

18                              false information about a sexual

19                              offender; harbor or conceal a

20                              sexual offender.

21  944.607(13)        3rd      Sexual offender; failure to

22                              report and reregister; failure to

23                              respond to address verification.

24         Section 5.  For the purpose of incorporating the

25  amendment made by this act to section 784.07, Florida

26  Statutes, in a reference thereto, paragraph (b) of subsection

27  (3) of section 943.051, Florida Statutes, is reenacted to

28  read:

29         943.051  Criminal justice information; collection and

30  storage; fingerprinting.--

31         (3)

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 1         (b)  A minor who is charged with or found to have

 2  committed the following offenses shall be fingerprinted and

 3  the fingerprints shall be submitted to the department:

 4         1.  Assault, as defined in s. 784.011.

 5         2.  Battery, as defined in s. 784.03.

 6         3.  Carrying a concealed weapon, as defined in s.

 7  790.01(1).

 8         4.  Unlawful use of destructive devices or bombs, as

 9  defined in s. 790.1615(1).

10         5.  Negligent treatment of children, as defined in s.

11  827.05.

12         6.  Assault or battery on a law enforcement officer, a

13  firefighter, or other specified officers, as defined in s.

14  784.07(2)(a) and (b).

15         7.  Open carrying of a weapon, as defined in s.

16  790.053.

17         8.  Exposure of sexual organs, as defined in s. 800.03.

18         9.  Unlawful possession of a firearm, as defined in s.

19  790.22(5).

20         10.  Petit theft, as defined in s. 812.014(3).

21         11.  Cruelty to animals, as defined in s. 828.12(1).

22         12.  Arson, as defined in s. 806.031(1).

23         13.  Unlawful possession or discharge of a weapon or

24  firearm at a school-sponsored event or on school property as

25  defined in s. 790.115.

26         Section 6.  For the purpose of incorporating the

27  amendment made by this act to section 784.07, Florida

28  Statutes, in a reference thereto, paragraph (b) of subsection

29  (1) of section 985.11, Florida Statutes, is reenacted to read:

30         985.11  Fingerprinting and photographing.--

31         (1)

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 1         (b)  A child who is charged with or found to have

 2  committed one of the following offenses shall be

 3  fingerprinted, and the fingerprints shall be submitted to the

 4  Department of Law Enforcement as provided in s. 943.051(3)(b):

 5         1.  Assault, as defined in s. 784.011.

 6         2.  Battery, as defined in s. 784.03.

 7         3.  Carrying a concealed weapon, as defined in s.

 8  790.01(1).

 9         4.  Unlawful use of destructive devices or bombs, as

10  defined in s. 790.1615(1).

11         5.  Negligent treatment of children, as defined in

12  former s. 827.05.

13         6.  Assault on a law enforcement officer, a

14  firefighter, or other specified officers, as defined in s.

15  784.07(2)(a).

16         7.  Open carrying of a weapon, as defined in s.

17  790.053.

18         8.  Exposure of sexual organs, as defined in s. 800.03.

19         9.  Unlawful possession of a firearm, as defined in s.

20  790.22(5).

21         10.  Petit theft, as defined in s. 812.014.

22         11.  Cruelty to animals, as defined in s. 828.12(1).

23         12.  Arson, resulting in bodily harm to a firefighter,

24  as defined in s. 806.031(1).

25         13.  Unlawful possession or discharge of a weapon or

26  firearm at a school-sponsored event or on school property as

27  defined in s. 790.115.

28  

29  A law enforcement agency may fingerprint and photograph a

30  child taken into custody upon probable cause that such child

31  has committed any other violation of law, as the agency deems

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 1  appropriate. Such fingerprint records and photographs shall be

 2  retained by the law enforcement agency in a separate file, and

 3  these records and all copies thereof must be marked "Juvenile

 4  Confidential." These records are not available for public

 5  disclosure and inspection under s. 119.07(1) except as

 6  provided in ss. 943.053 and 985.04(2), but shall be available

 7  to other law enforcement agencies, criminal justice agencies,

 8  state attorneys, the courts, the child, the parents or legal

 9  custodians of the child, their attorneys, and any other person

10  authorized by the court to have access to such records. In

11  addition, such records may be submitted to the Department of

12  Law Enforcement for inclusion in the state criminal history

13  records and used by criminal justice agencies for criminal

14  justice purposes. These records may, in the discretion of the

15  court, be open to inspection by anyone upon a showing of

16  cause. The fingerprint and photograph records shall be

17  produced in the court whenever directed by the court. Any

18  photograph taken pursuant to this section may be shown by a

19  law enforcement officer to any victim or witness of a crime

20  for the purpose of identifying the person who committed such

21  crime.

22         Section 7.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Redefines the term "law enforcement officer" to include
      federal law enforcement officers for purposes of the
27    enhanced penalties imposed for committing assault or
      battery on a law enforcement officer.
28  

29  

30  

31  

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