Florida Senate - 2016 SB 510
By Senator Hukill
8-00342-16 2016510__
1 A bill to be entitled
2 An act relating to sexual predators; amending s.
3 775.21, F.S.; providing criminal penalties for
4 convicted sexual predators who use or operate a drone
5 to view or record an image of a minor under certain
6 circumstances; amending s. 794.056, F.S.; conforming a
7 cross-reference; amending s. 921.0022, F.S.; assigning
8 offense severity rankings in the Criminal Punishment
9 Code for the use or operation of a drone by a sexual
10 predator to view or record an image of a minor;
11 conforming a cross-reference; amending s. 938.085,
12 F.S.; conforming a cross-reference; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Present paragraphs (c) through (g) of subsection
18 (10) of section 775.21, Florida Statutes, are redesignated as
19 paragraphs (d) through (h), respectively, and a new paragraph
20 (c) is added to that subsection, to read:
21 775.21 The Florida Sexual Predators Act.—
22 (10) PENALTIES.—
23 (c) A sexual predator who has been convicted of or found to
24 have committed, or has pled nolo contendere or guilty to,
25 regardless of adjudication, any violation or attempted violation
26 of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim
27 is a minor and the offender is not the victim’s parent or
28 guardian; s. 794.011, excluding s. 794.011(10); s. 794.05;
29 former s. 796.03; former s. 796.035; s. 800.04; s. 827.071; s.
30 847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
31 violation of a similar law of another jurisdiction when the
32 victim of the offense was a minor, and who uses or operates a
33 drone, as defined in s. 934.50, to view or record an image of a
34 minor who is on or at the minor’s domicile or on or at a
35 business, school, child care facility, park, playground, or
36 other place where children regularly congregate, commits a
37 felony of the third degree, punishable as provided in s.
38 775.082, s. 775.083, or s. 775.084.
39 Section 2. Subsection (1) of section 794.056, Florida
40 Statutes, is amended to read:
41 794.056 Rape Crisis Program Trust Fund.—
42 (1) The Rape Crisis Program Trust Fund is created within
43 the Department of Health for the purpose of providing funds for
44 rape crisis centers in this state. Trust fund moneys shall be
45 used exclusively for the purpose of providing services for
46 victims of sexual assault. Funds credited to the trust fund
47 consist of those funds collected as an additional court
48 assessment in each case in which a defendant pleads guilty or
49 nolo contendere to, or is found guilty of, regardless of
50 adjudication, an offense provided in s. 775.21(6) and (10)(a),
51 (b), and (h) (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041;
52 s. 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
53 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
54 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
55 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
56 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
57 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
58 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
59 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
60 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
61 fund also shall include revenues provided by law, moneys
62 appropriated by the Legislature, and grants from public or
63 private entities.
64 Section 3. Paragraph (g) of subsection (3) of section
65 921.0022, Florida Statutes, is amended to read:
66 921.0022 Criminal Punishment Code; offense severity ranking
67 chart.—
68 (3) OFFENSE SEVERITY RANKING CHART
69 (g) LEVEL 7
70
71 FloridaStatute FelonyDegree Description
72 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
73 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
74 316.1935(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.
75 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
76 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
77 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
78 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
79 456.065(2) 3rd Practicing a health care profession without a license.
80 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
81 458.327(1) 3rd Practicing medicine without a license.
82 459.013(1) 3rd Practicing osteopathic medicine without a license.
83 460.411(1) 3rd Practicing chiropractic medicine without a license.
84 461.012(1) 3rd Practicing podiatric medicine without a license.
85 462.17 3rd Practicing naturopathy without a license.
86 463.015(1) 3rd Practicing optometry without a license.
87 464.016(1) 3rd Practicing nursing without a license.
88 465.015(2) 3rd Practicing pharmacy without a license.
89 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
90 467.201 3rd Practicing midwifery without a license.
91 468.366 3rd Delivering respiratory care services without a license.
92 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
93 483.901(9) 3rd Practicing medical physics without a license.
94 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
95 484.053 3rd Dispensing hearing aids without a license.
96 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
97 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
98 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
99 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
100 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
101 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
102 775.21(10)(c) 3rd Sexual predator using or operating a drone to view or record a minor.
103 775.21(10)(h)775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
104 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
105 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
106 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
107 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
108 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
109 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
110 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
111 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
112 784.048(7) 3rd Aggravated stalking; violation of court order.
113 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
114 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
115 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
116 784.081(1) 1st Aggravated battery on specified official or employee.
117 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
118 784.083(1) 1st Aggravated battery on code inspector.
119 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
120 787.06(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.
121 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
122 790.16(1) 1st Discharge of a machine gun under specified circumstances.
123 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
124 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
125 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
126 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
127 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
128 794.08(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.
129 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
130 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
131 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
132 800.04(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.
133 800.04(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.
134 806.01(2) 2nd Maliciously damage structure by fire or explosive.
135 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
136 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
137 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
138 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
139 812.014(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.
140 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
141 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
142 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
143 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
144 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
145 812.131(2)(a) 2nd Robbery by sudden snatching.
146 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
147 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
148 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
149 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
150 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
151 817.2341 (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.
152 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
153 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
154 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
155 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
156 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
157 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
158 838.015 2nd Bribery.
159 838.016 2nd Unlawful compensation or reward for official behavior.
160 838.021(3)(a) 2nd Unlawful harm to a public servant.
161 838.22 2nd Bid tampering.
162 843.0855(2) 3rd Impersonation of a public officer or employee.
163 843.0855(3) 3rd Unlawful simulation of legal process.
164 843.0855(4) 3rd Intimidation of a public officer or employee.
165 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
166 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
167 872.06 2nd Abuse of a dead human body.
168 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
169 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
170 893.13(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.
171 893.13(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.
172 893.13(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).
173 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
174 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
175 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
176 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
177 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
178 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
179 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
180 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
181 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
182 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
183 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
184 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
185 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
186 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
187 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
188 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
189 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
190 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
191 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
192 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
193 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
194 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
195 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
196 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
197 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
198 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
199 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
200 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
201 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
202 Section 4. Section 938.085, Florida Statutes, is amended to
203 read:
204 938.085 Additional cost to fund rape crisis centers.—In
205 addition to any sanction imposed when a person pleads guilty or
206 nolo contendere to, or is found guilty of, regardless of
207 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
208 (h) (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
209 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
210 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3);
211 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
212 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
213 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
214 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
215 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
216 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
217 (13), and (14)(c); or s. 985.701(1), the court shall impose a
218 surcharge of $151. Payment of the surcharge shall be a condition
219 of probation, community control, or any other court-ordered
220 supervision. The sum of $150 of the surcharge shall be deposited
221 into the Rape Crisis Program Trust Fund established within the
222 Department of Health by chapter 2003-140, Laws of Florida. The
223 clerk of the court shall retain $1 of each surcharge that the
224 clerk of the court collects as a service charge of the clerk’s
225 office.
226 Section 5. This act shall take effect October 1, 2016.