CODING: Words stricken are deletions; words underlined are additions.House Bill 1259
Florida House of Representatives - 1997 HB 1259
By Representatives Dawson-White, Futch, Roberts-Burke,
Murman, Meek and Brown
1 A bill to be entitled
2 An act relating to criminal offenses involving
3 minors; creating the Children's Protection Act
4 of 1997; amending s. 775.084, F.S., relating to
5 violent career criminal sentencing, to conform
6 to the act; amending s. 784.03, F.S., relating
7 to battery and felony battery; defining the
8 offense of battery upon a child under 16 years
9 of age; providing penalties; amending ss.
10 787.01 and 787.02, F.S., relating to kidnapping
11 and false imprisonment, to conform to the act;
12 amending s. 800.03, F.S.; redefining the
13 offense of unlawful exposure or exhibition of
14 sexual organs to prohibit appearing naked under
15 specified circumstances; providing penalties;
16 providing that a violation of s. 800.03, F.S.,
17 in the presence of a person under 16 years of
18 age constitutes a violation of s. 800.04, F.S.;
19 providing an exception for maternal
20 breastfeeding; amending s. 800.04, F.S.;
21 creating the offenses of "lewd or lascivious
22 battery," "lewd or lascivious molestation,"
23 "lewd or lascivious conduct," and "lewd or
24 lascivious exhibition"; providing definitions;
25 providing penalties; precluding consent from
26 being raised as a defense except in certain
27 circumstances; precluding ignorance or belief
28 of age from being raised as a defense;
29 providing an exception for maternal
30 breastfeeding; deleting provisions that define
31 and provide penalties for "lewd, lascivious, or
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1 indecent assault or act upon or in the presence
2 of a child"; amending s. 826.04, F.S., relating
3 to incest; removing definition of "sexual
4 intercourse" and defining "sexual activity";
5 redefining the offense of third degree felony
6 incest to include knowingly marrying or
7 engaging in sexual activity with any of the
8 specified relatives who is at least 18 years
9 old; providing penalties; defining the offense
10 of second degree felony incest against a person
11 under 16 years of age; providing penalties;
12 reenacting ss. 775.15(7), 787.025(2)(a),
13 914.16, and 944.606(1)(b), F.S., relating to
14 time limitations, luring or enticing a child,
15 limits on interviews, and sex offender
16 notification upon release, to incorporate the
17 amendments to ss. 800.04 and 826.04, F.S., in
18 cross references; amending s. 921.0012, F.S.;
19 ranking offenses created in the act in the
20 sentencing guidelines offense severity ranking
21 chart; amending s. 948.03(4)(a), F.S., and
22 reenacting s. 948.03(5), F.S., relating to
23 terms and conditions of probation or community
24 control, to conform to the act; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. This act shall be known and may be cited as
30 the "Children's Protection Act of 1997."
31
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1 Section 2. Paragraph (c) of subsection (1) of section
2 775.084, Florida Statutes, 1996 Supplement, is amended to
3 read:
4 775.084 Violent career criminals; habitual felony
5 offenders and habitual violent felony offenders; definitions;
6 procedure; enhanced penalties.--
7 (1) As used in this act:
8 (c) "Violent career criminal" means a defendant for
9 whom the court must impose imprisonment pursuant to paragraph
10 (4)(c), if it finds that:
11 1. The defendant has previously been convicted as an
12 adult three or more times for an offense in this state or
13 other qualified offense that is:
14 a. Any forcible felony, as described in s. 776.08;
15 b. Aggravated stalking, as described in s. 784.048(3)
16 and (4);
17 c. Aggravated child abuse, as described in s.
18 827.03(2);
19 d. Aggravated abuse of an elderly person or disabled
20 adult, as described in s. 825.102(2);
21 e. Lewd or lascivious battery, lewd or lascivious
22 molestation, lewd or lascivious conduct, or lewd or lascivious
23 exhibition, lascivious, or indecent conduct, as described in
24 s. 800.04;
25 f. Escape, as described in s. 944.40; or
26 g. A felony violation of chapter 790 involving the use
27 or possession of a firearm.
28 2. The defendant has been incarcerated in a state
29 prison or a federal prison.
30
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1 3. The primary felony offense for which the defendant
2 is to be sentenced is a felony enumerated in subparagraph 1.
3 and was committed on or after October 1, 1995, and:
4 a. While the defendant was serving a prison sentence
5 or other commitment imposed as a result of a prior conviction
6 for an enumerated felony; or
7 b. Within 5 years after the conviction of the last
8 prior enumerated felony, or within 5 years after the
9 defendant's release from a prison sentence or other commitment
10 imposed as a result of a prior conviction for an enumerated
11 felony, whichever is later.
12 4. The defendant has not received a pardon for any
13 felony or other qualified offense that is necessary for the
14 operation of this paragraph.
15 5. A conviction of a felony or other qualified offense
16 necessary to the operation of this paragraph has not been set
17 aside in any postconviction proceeding.
18 (6) The purpose of this section is to provide uniform
19 punishment for those crimes made punishable under this
20 section, and to this end, a reference to this section
21 constitutes a general reference under the doctrine of
22 incorporation by reference.
23 Section 3. Section 784.03, Florida Statutes, 1996
24 Supplement, is amended to read:
25 784.03 Battery; felony battery.--
26 (1)(a) The offense of battery occurs when a person:
27 1. Actually and intentionally touches or strikes
28 another person against the will of the other; or
29 2. Intentionally causes bodily harm to another person.
30 (b) Except as otherwise provided in this section
31 provided in subsection (2), a person who commits battery
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1 commits a misdemeanor of the first degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 (2) A person who has two prior convictions for battery
4 who commits a third or subsequent battery commits a felony of
5 the third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084. For purposes of this subsection,
7 "conviction" means a determination of guilt that is the result
8 of a plea or a trial, regardless of whether adjudication is
9 withheld.
10 (3) A person who commits a battery upon a child less
11 than 16 years of age commits a felony of the third degree,
12 punishable as provided in s. 775.082, s. 775.083, or s.
13 775.084.
14 Section 4. Paragraph (a) of subsection (3) of section
15 787.01, Florida Statutes, 1996 Supplement, is amended to read:
16 787.01 Kidnapping; kidnapping of child under age 13,
17 aggravating circumstances.--
18 (3)(a) A person who commits the offense of kidnapping
19 upon a child under the age of 13 and who, in the course of
20 committing the offense, commits one or more of the following:
21 1. Aggravated child abuse, as defined in s. 827.03;
22 2. Sexual battery, as defined in chapter 794, against
23 the child;
24 3. Lewd or lascivious battery, lewd or lascivious
25 molestation, lewd or lascivious conduct, or lewd or lascivious
26 exhibition A lewd, lascivious, or indecent assault or act upon
27 or in the presence of the child, in violation of s. 800.04;
28 4. A violation of s. 796.03 or s. 796.04, relating to
29 prostitution, upon the child; or
30 5. Exploitation of the child or allowing the child to
31 be exploited, in violation of s. 450.151,
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1
2 commits a life felony, punishable as provided in s. 775.082,
3 s. 775.083, or s. 775.084.
4 Section 5. Paragraph (a) of subsection (3) of section
5 787.02, Florida Statutes, 1996 Supplement, is amended to read:
6 787.02 False imprisonment; false imprisonment of child
7 under age 13, aggravating circumstances.--
8 (3)(a) A person who commits the offense of false
9 imprisonment upon a child under the age of 13 and who, in the
10 course of committing the offense, commits any offense
11 enumerated in subparagraphs 1.-5., commits a felony of the
12 first degree, punishable by imprisonment for a term of years
13 not exceeding life or as provided in s. 775.082, s. 775.083,
14 or s. 775.084.
15 1. Aggravated child abuse, as defined in s. 827.03;
16 2. Sexual battery, as defined in chapter 794, against
17 the child;
18 3. Lewd or lascivious battery, lewd or lascivious
19 molestation, lewd or lascivious conduct, or lewd or lascivious
20 exhibition A lewd, lascivious, or indecent assault or act upon
21 or in the presence of the child, in violation of s. 800.04;
22 4. A violation of s. 796.03 or s. 796.04, relating to
23 prostitution, upon the child; or
24 5. Exploitation of the child or allowing the child to
25 be exploited, in violation of s. 450.151.
26 Section 6. Section 800.03, Florida Statutes, is
27 amended to read:
28 800.03 Exposure of sexual organs.--
29 (1) It is unlawful for any person to expose or exhibit
30 his or her one's sexual organs in public or on the private
31 premises of another, or so near thereto as to be seen from
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1 such private premises, in a vulgar or indecent manner, or
2 appear to be naked in public except in any place provided or
3 set apart for that purpose.
4 (2) Except as provided in subsection (3), a person who
5 commits a violation of this section commits is a misdemeanor
6 of the first degree, punishable as provided in s. 775.082 or
7 s. 775.083.
8 (3) A person who commits a violation of this section
9 in the presence of a person less than 16 years of age commits
10 a violation of s. 800.04.
11 (4) A mother's breastfeeding of her baby does not
12 under any circumstance violate this section.
13 Section 7. Section 800.04, Florida Statutes, is
14 amended to read:
15 800.04 Lewd or lascivious offenses committed upon or
16 in the presence of persons less than 16 years of age Lewd,
17 lascivious, or indecent assault or act upon or in presence of
18 child.--
19 (1) DEFINITIONS.--As used in this section:
20 (a) "Sexual activity" means the oral, anal, or vaginal
21 penetration by, or union with, the sexual organ of another or
22 the anal or vaginal penetration of another by any other
23 object; however, sexual activity does not include an act done
24 for a bona fide medical purpose.
25 (b) "Consent" means intelligent, knowing, and
26 voluntary consent, and does not include submission by
27 coercion.
28 (c) "Coercion" means the use of exploitation, bribes,
29 threats of force, or intimidation to gain cooperation or
30 compliance.
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1 (d) "Victim" means a person upon whom an offense
2 described in this section was committed or attempted; or a
3 person who has reported a violation of this section to a law
4 enforcement officer.
5 (2) CONSENT OF VICTIM.--
6 (a) If the victim is under 12 years of age, the
7 consent of the victim cannot be raised as a defense to a
8 prosecution for any offense under this section.
9 (b) If the victim is 12 years of age or older but less
10 than 16 years of age, the consent of the victim cannot be
11 raised as a defense to a prosecution for any offense under
12 this section if the difference between the age of the offender
13 and the age of the victim exceeds 3 years.
14 (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The
15 perpetrator's ignorance of the victim's age, the victim's
16 misrepresentation of his or her age, or the perpetrator's bona
17 fide belief of the victim's age, cannot be raised as a defense
18 in a prosecution under this section.
19 (4) LEWD OR LASCIVIOUS BATTERY.--A person who:
20 (a) Engages in sexual activity with a person 12 years
21 of age or older but less than 16 years of age; or
22 (b) Encourages, forces, or entices any person less
23 than 16 years of age to engage in sadomasochistic abuse,
24 sexual bestiality, prostitution, or any other act involving
25 sexual activity
26
27 commits lewd or lascivious battery, a felony of the second
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084.
30 (5) LEWD OR LASCIVIOUS MOLESTATION.--
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1 (a) A person who intentionally touches in a lewd or
2 lascivious manner the breasts, genitals, genital area, or
3 buttocks, or the clothing covering them, of a person less than
4 16 years of age, commits lewd or lascivious molestation.
5 (b) An offender 18 years of age or older who commits
6 lewd or lascivious molestation against a victim less than 12
7 years of age commits a felony of the first degree, punishable
8 as provided in s. 775.082, s. 775.083, or s. 775.084.
9 (c)1. An offender less than 18 years of age who
10 commits lewd or lascivious molestation against a victim less
11 than 12 years of age; or
12 2. An offender 18 years of age or older who commits
13 lewd or lascivious molestation against a victim 12 years of
14 age or older but less than 16 years of age
15
16 commits a felony of the second degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084.
18 (d) An offender less than 18 years of age who commits
19 lewd or lascivious molestation against a victim 12 years of
20 age or older but less than 16 years of age commits a felony of
21 the third degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 (6) LEWD OR LASCIVIOUS CONDUCT.--
24 (a) A person who:
25 1. Intentionally touches a person under 16 years of
26 age in a lewd or lascivious manner; or
27 2. Solicits a person under 16 years of age to commit a
28 lewd or lascivious act
29
30 commits lewd or lascivious conduct.
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1 (b) An offender 18 years of age or older who commits
2 lewd or lascivious conduct commits a felony of the second
3 degree, punishable as provided in s. 775.082, s. 775.083, or
4 s. 775.084.
5 (c) An offender less than 18 years of age who commits
6 lewd or lascivious conduct commits a felony of the third
7 degree, punishable as provided in s. 775.082, s. 775.083, or
8 s. 775.084.
9 (7) LEWD OR LASCIVIOUS EXHIBITION.--
10 (a) A person who:
11 1. Intentionally masturbates;
12 2. Intentionally exposes the genitals in a lewd or
13 lascivious manner; or
14 3. Intentionally commits any other sexual act that
15 does not involve actual physical or sexual contact with the
16 victim, including, but not limited to, sadomasochistic abuse,
17 sexual bestiality, or the simulation of any act involving
18 sexual activity
19
20 in the presence of a victim who is less than 16 years of age,
21 commits lewd or lascivious exhibition.
22 (b) An offender 18 years of age or older who commits a
23 lewd or lascivious exhibition commits a felony of the second
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084.
26 (c) An offender less than 18 years of age who commits
27 a lewd or lascivious exhibition commits a felony of the third
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084.
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1 (8) EXCEPTION.--A mother's breastfeeding of her baby
2 does not under any circumstance constitute a violation of this
3 section. A person who:
4 (1) Handles, fondles, or assaults any child under the
5 age of 16 years in a lewd, lascivious, or indecent manner;
6 (2) Commits actual or simulated sexual intercourse,
7 deviate sexual intercourse, sexual bestiality, masturbation,
8 sadomasochistic abuse, actual lewd exhibition of the genitals,
9 or any act or conduct which simulates that sexual battery is
10 being or will be committed upon any child under the age of 16
11 years or forces or entices the child to commit any such act;
12 (3) Commits an act defined as sexual battery under s.
13 794.011(1)(h) upon any child under the age of 16 years; or
14 (4) Knowingly commits any lewd or lascivious act in
15 the presence of any child under the age of 16 years,
16
17 without committing the crime of sexual battery, commits a
18 felony of the second degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084. Neither the victim's lack
20 of chastity nor the victim's consent is a defense to the crime
21 proscribed by this section. A mother's breastfeeding of her
22 baby does not under any circumstance violate this section.
23 Section 8. Section 826.04, Florida Statutes, is
24 amended to read:
25 826.04 Incest.--
26 (1) A person who Whoever knowingly marries or engages
27 in sexual activity has sexual intercourse with a person 18
28 years of age or older to whom he or she is related by lineal
29 consanguinity, or a brother, sister, uncle, aunt, nephew, or
30 niece, commits incest, which constitutes a felony of the third
31 degree, punishable as provided in s. 775.082, s. 775.083, or
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1 s. 775.084. "Sexual intercourse" is the penetration of the
2 female sex organ by the male sex organ, however slight;
3 emission of semen is not required.
4 (2) A person who knowingly marries or engages in
5 sexual activity with a person less than 18 years of age to
6 whom he or she is related by lineal consanguinity, or a
7 brother, sister, uncle, aunt, nephew, or niece, commits
8 incest, a felony of the second degree, punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084.
10 (3) For purposes of this section, "sexual activity"
11 means the oral, anal, or vaginal penetration by or union with,
12 the sexual organ of another; however, sexual activity does not
13 include an act done for a bona fide medical purpose.
14 Section 9. For the purpose of incorporating the
15 amendments to sections 800.04 and 826.04, Florida Statutes, in
16 references thereto, the sections or subdivisions of Florida
17 Statutes set forth below are reenacted to read:
18 775.15 Time limitations.--
19 (7) If the victim of a violation of s. 794.011, former
20 s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is
21 under the age of 16, the applicable period of limitation, if
22 any, does not begin to run until the victim has reached the
23 age of 16 or the violation is reported to a law enforcement
24 agency or other governmental agency, whichever occurs earlier.
25 Such law enforcement agency or other governmental agency shall
26 promptly report such allegation to the state attorney for the
27 judicial circuit in which the alleged violation occurred. This
28 subsection applies to any such offense except an offense the
29 prosecution of which would have been barred by subsection (2)
30 on or before December 31, 1984.
31 787.025 Luring or enticing a child.--
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1 (2)(a) A person over the age of 18 who, having been
2 previously convicted of a violation of chapter 794 or s.
3 800.04, or a violation of a similar law of another
4 jurisdiction, intentionally lures or entices, or attempts to
5 lure or entice, a child under the age of 12 into a structure,
6 dwelling, or conveyance for other than a lawful purpose
7 commits a felony of the third degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 914.16 Child abuse and sexual abuse of victims under
10 age 16 or persons with mental retardation; limits on
11 interviews.--The chief judge of each judicial circuit, after
12 consultation with the state attorney and the public defender
13 for the judicial circuit, the appropriate chief law
14 enforcement officer, and any other person deemed appropriate
15 by the chief judge, shall provide by order reasonable limits
16 on the number of interviews that a victim of a violation of s.
17 794.011, s. 800.04, or s. 827.03 who is under 16 years of age
18 or a victim of a violation of s. 794.011, s. 800.02, s.
19 800.03, or s. 825.102 who is a person with mental retardation
20 as defined in s. 393.063(41) must submit to for law
21 enforcement or discovery purposes. The order shall, to the
22 extent possible, protect the victim from the psychological
23 damage of repeated interrogations while preserving the rights
24 of the public, the victim, and the person charged with the
25 violation.
26 944.606 Sexual offenders; notification upon release.--
27 (1) As used in this section:
28 (b) "Sexual offender" means a person who has been
29 convicted of a felony violation of chapter 794, s. 800.04, s.
30 827.071, or s. 847.0145, or a violation of a similar law of
31 another jurisdiction, when the department has received
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1 verified information regarding such conviction; an offender's
2 computerized criminal history record is not, in and of itself,
3 verified information.
4 Section 10. Paragraphs (b), (d), (e), (f), (g), (h),
5 (i), and (j) of subsection (3) of section 921.0012, Florida
6 Statutes, 1996 Supplement, are amended to read:
7 921.0012 Sentencing guidelines offense levels; offense
8 severity ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10 Florida Felony
11 Statute Degree Description
12
13
14 (b) LEVEL 2
15 403.413(5)(c) 3rd Dumps waste litter exceeding 500
16 lbs. in weight or 100 cubic feet
17 in volume or any quantity for
18 commercial purposes, or hazardous
19 waste.
20 517.07 3rd Registration of securities and
21 furnishing of prospectus
22 required.
23 590.28(1) 3rd Willful, malicious, or
24 intentional burning.
25 784.05(3) 3rd Storing or leaving a loaded
26 firearm within reach of minor who
27 uses it to inflict injury or
28 death.
29 787.04(1) 3rd In violation of court order,
30 take, entice, etc., minor beyond
31 state limits.
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1 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
2 or more to public communication
3 or any other public service.
4 810.09(2)(e) 3rd Trespassing on posted commerical
5 horticulture property.
6 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
7 more but less than $5,000.
8 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
9 more but less than $300, taken
10 from unenclosed curtilage of
11 dwelling.
12 817.234(1)(a)2. 3rd False statement in support of
13 insurance claim.
14 817.481(3)(a) 3rd Obtain credit or purchase with
15 false, expired, counterfeit,
16 etc., credit card, value over
17 $300.
18 817.52(3) 3rd Failure to redeliver hired
19 vehicle.
20 817.54 3rd With intent to defraud, obtain
21 mortgage note, etc., by false
22 representation.
23 817.60(5) 3rd Dealing in credit cards of
24 another.
25 817.60(6)(a) 3rd Forgery; purchase goods, services
26 with false card.
27 817.61 3rd Fraudulent use of credit cards
28 over $100 or more within 6
29 months.
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1 826.04(1) 3rd Knowingly marries or engages in
2 sexual activity has sexual
3 intercourse with person 18 years
4 of age or older to whom related.
5 831.01 3rd Forgery.
6 831.02 3rd Uttering forged instrument;
7 utters or publishes alteration
8 with intent to defraud.
9 831.07 3rd Forging bank bills or promissory
10 note.
11 831.08 3rd Possession of 10 or more forged
12 notes.
13 831.09 3rd Uttering forged bills; passes as
14 bank bill or promissory note.
15 832.05(3)(a) 3rd Cashing or depositing item with
16 intent to defraud.
17 843.08 3rd Falsely impersonating an officer.
18 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
19 (2)(c), (3), or (4) drugs other
20 than cannabis.
21 893.147(2) 3rd Manufacture or delivery of drug
22 paraphernalia.
23
24 (d) LEVEL 4
25 316.1935(2) 3rd Fleeing or attempting to elude
26 law enforcement officer resulting
27 in high-speed pursuit.
28 784.03(3) 3rd Battery of a person less than 16
29 years of age.
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1 784.07(2)(b) 3rd Battery of law enforcement
2 officer, firefighter, intake
3 officer, etc.
4 784.075 3rd Battery on detention or
5 commitment facility staff.
6 784.08(2)(c) 3rd Battery on a person 65 years of
7 age or older.
8 784.081(3) 3rd Battery on specified official or
9 employee.
10 784.082(3) 3rd Battery by detained person on
11 visitor or other detainee.
12 787.03(1) 3rd Interference with custody;
13 wrongly takes child from
14 appointed guardian.
15 787.04(2) 3rd Take, entice, or remove child
16 beyond state limits with criminal
17 intent pending custody
18 proceedings.
19 787.04(3) 3rd Carrying child beyond state lines
20 with criminal intent to avoid
21 producing child at custody
22 hearing or delivering to
23 designated person.
24 790.115(1) 3rd Exhibiting firearm or weapon
25 within 1,000 feet of a school.
26 790.115(2)(b) 3rd Possessing electric weapon or
27 device, destructive device, or
28 other weapon on school property.
29 790.115(2)(c) 3rd Possessing firearm on school
30 property.
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1 800.04(7)(c) 3rd Lewd or lascivious exhibition;
2 offender less than 18 years.
3 810.02(4)(a) 3rd Burglary, or attempted burglary,
4 of an unoccupied structure;
5 unarmed; no assault or battery.
6 810.02(4)(b) 3rd Burglary, or attempted burglary,
7 of an unoccupied conveyance;
8 unarmed; no assault or battery.
9 810.06 3rd Burglary; possession of tools.
10 810.08(2)(c) 3rd Trespass on property, armed with
11 firearm or dangerous weapon.
12 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
13 or more but less than $20,000.
14 812.014
15 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
16 firearm, motor vehicle,
17 livestock, etc.
18 817.563(1) 3rd Sell or deliver substance other
19 than controlled substance agreed
20 upon, excluding s. 893.03(5)
21 drugs.
22 828.125(1) 2nd Kill, maim, or cause great bodily
23 harm or permanent breeding
24 disability to any registered
25 horse or cattle.
26 837.02(1) 3rd Perjury in official proceedings.
27 837.021(1) 3rd Make contradictory statements in
28 official proceedings.
29
30
31
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1 843.025 3rd Deprive law enforcement,
2 correctional, or correctional
3 probation officer of means of
4 protection or communication.
5 843.15(1)(a) 3rd Failure to appear while on bail
6 for felony (bond estreature or
7 bond jumping).
8 874.05(1) 3rd Encouraging or recruiting another
9 to join a criminal street gang.
10 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
11 893.03(1)(a), (b), or (d), or
12 (2)(a) or (b) drugs).
13 914.14(2) 3rd Witnesses accepting bribes.
14 914.22(1) 3rd Force, threaten, etc., witness,
15 victim, or informant.
16 914.23(2) 3rd Retaliation against a witness,
17 victim, or informant, no bodily
18 injury.
19 918.12 3rd Tampering with jurors.
20
21 (e) LEVEL 5
22 316.027(1)(a) 3rd Accidents involving personal
23 injuries, failure to stop;
24 leaving scene.
25 316.1935(3) 3rd Aggravated fleeing or eluding.
26 322.34(3) 3rd Careless operation of motor
27 vehicle with suspended license,
28 resulting in death or serious
29 bodily injury.
30 327.30(5) 3rd Vessel accidents involving
31 personal injury; leaving scene.
19
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1 381.0041(11)(b) 3rd Donate blood, plasma, or organs
2 knowing HIV positive.
3 790.01(2) 3rd Carrying a concealed firearm.
4 790.162 2nd Threat to throw or discharge
5 destructive device.
6 790.163 2nd False report of deadly explosive.
7 790.165(2) 3rd Manufacture, sell, possess, or
8 deliver hoax bomb.
9 790.221(1) 2nd Possession of short-barreled
10 shotgun or machine gun.
11 790.23 2nd Felons in possession of firearms
12 or electronic weapons or devices.
13 800.04(6)(c) 3rd Lewd or lascivious conduct;
14 offender less than 18 years.
15 800.04(7)(b) 2nd Lewd or lascivious exhibition;
16 offender 18 years or older.
17 806.111(1) 3rd Possess, manufacture, or dispense
18 fire bomb with intent to damage
19 any structure or property.
20 812.019(1) 2nd Stolen property; dealing in or
21 trafficking in.
22 812.16(2) 3rd Owning, operating, or conducting
23 a chop shop.
24 817.034(4)(a)2. 2nd Communications fraud, value
25 $20,000 to $50,000.
26 825.1025(4) 3rd Lewd or lascivious exhibition in
27 the presence of an elderly person
28 or disabled adult.
29
30
31
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1 827.071(4) 2nd Possess with intent to promote
2 any photographic material, motion
3 picture, etc., which includes
4 sexual conduct by a child.
5 843.01 3rd Resist officer with violence to
6 person; resist arrest with
7 violence.
8 874.05(2) 2nd Encouraging or recruiting another
9 to join a criminal street gang;
10 second or subsequent offense.
11 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
12 cocaine (or other s.
13 893.03(1)(a), (1)(b), (1)(d),
14 (2)(a), or (2)(b) drugs).
15 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
16 cannabis (or other s.
17 893.03(1)(c), (2)(c), (3), or (4)
18 drugs) within 1,000 feet of a
19 school.
20 893.13(1)(d)1. 1st Sell, manufacture, or deliver
21 cocaine (or other s.
22 893.03(1)(a), (1)(b), (1)(d),
23 (2)(a), or (2)(b) drugs) within
24 200 feet of university, public
25 housing facility, or public park.
26 893.13(4)(b) 2nd Deliver to minor cannabis (or
27 other s. 893.03(1)(c), (2)(c),
28 (3), or (4) drugs).
29
30 (f) LEVEL 6
31
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1 316.027(1)(b) 2nd Accident involving death, failure
2 to stop; leaving scene.
3 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
4 conviction.
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.
11 784.048(3) 3rd Aggravated stalking; credible
12 threat.
13 784.07(2)(c) 2nd Aggravated assault on law
14 enforcement officer.
15 784.08(2)(b) 2nd Aggravated assault on a person 65
16 years of age or older.
17 784.081(2) 2nd Aggravated assault on specified
18 official or employee.
19 784.082(2) 2nd Aggravated assault by detained
20 person on visitor or other
21 detainee.
22 787.02(2) 3rd False imprisonment; restraining
23 with purpose other than those in
24 s. 787.01.
25 790.115(2)(d) 2nd Discharging firearm or weapon on
26 school property.
27 790.161(2) 2nd Make, possess, or throw
28 destructive device with intent to
29 do bodily harm or damage
30 property.
31
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1 790.164(1) 2nd False report of deadly explosive
2 or act of arson or violence to
3 state property.
4 790.19 2nd Shooting or throwing deadly
5 missiles into dwellings, vessels,
6 or vehicles.
7 794.011(8)(a) 3rd Solicitation of minor to
8 participate in sexual activity by
9 custodial adult.
10 794.05(1) 2nd Unlawful sexual activity with
11 specified minor.
12 800.04(5)(d) 3rd Lewd or lascivious molestation;
13 victim 12 years of age or older
14 but less than 16 years; offender
15 less than 18 years.
16 800.04(6)(b) 2nd Lewd or lascivious conduct;
17 offender 18 years of age or
18 older.
19 806.031(2) 2nd Arson resulting in great bodily
20 harm to firefighter or any other
21 person.
22 810.02(3)(c) 2nd Burglary of occupied structure;
23 unarmed; no assault or battery.
24 812.014(2)(b) 2nd Property stolen $20,000 or more,
25 but less than $100,000, grand
26 theft in 2nd degree.
27 812.13(2)(c) 2nd Robbery, no firearm or other
28 weapon (strong-arm robbery).
29 817.034(4)(a)1. 1st Communications fraud, value
30 greater than $50,000.
31
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1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at $100 or more, but less
14 than $20,000.
15 827.03(1) 3rd Abuse of a child.
16 827.03(3)(c) 3rd Neglect of a child.
17 827.071(2)&(3) 2nd Use or induce a child in a sexual
18 performance, or promote or direct
19 such performance.
20 836.05 2nd Threats; extortion.
21 836.10 2nd Written threats to kill or do
22 bodily injury.
23 843.12 3rd Aids or assists person to escape.
24 914.23 2nd Retaliation against a witness,
25 victim, or informant, with bodily
26 injury.
27
28
29
30
31
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1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16
17 (g) LEVEL 7
18 316.193(3)(c)2. 3rd DUI resulting in serious bodily
19 injury.
20 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
21 bodily injury.
22 409.920(2) 3rd Medicaid provider fraud.
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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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071(1) 3rd Killing of human being by the
6 operation of a motor vehicle in a
7 reckless manner (vehicular
8 homicide).
9 782.072(1) 3rd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
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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1 790.07(4) 1st Specified weapons violation
2 subsequent to previous conviction
3 of s. 790.07(1) or (2).
4 790.16(1) 1st Discharge of a machine gun under
5 specified circumstances.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years
11 Handle, fondle, or assault child
12 under 16 years in lewd,
13 lascivious, or indecent manner.
14 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
15 victim 12 years of age or older
16 but less than 16 years; offender
17 18 years or older.
18 806.01(2) 2nd Maliciously damage structure by
19 fire or explosive.
20 810.02(3)(a) 2nd Burglary of occupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(d) 2nd Burglary of occupied conveyance;
25 unarmed; no assault or battery.
26 812.014(2)(a) 1st Property stolen, valued at
27 $100,000 or more; property stolen
28 while causing other property
29 damage; 1st degree grand theft.
30
31
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.133(2)(b) 1st Carjacking; no firearm, deadly
6 weapon, or other weapon.
7 825.102(3)(b) 2nd Neglecting an elderly person or
8 disabled adult causing great
9 bodily harm, disability, or
10 disfigurement.
11 825.1025(2) 2nd Lewd or lascivious battery upon
12 an elderly person or disabled
13 adult.
14 825.103(2)(b) 2nd Exploiting an elderly person or
15 disabled adult and property is
16 valued at $20,000 or more, but
17 less than $100,000.
18 827.03(3)(b) 2nd Neglect of a child causing great
19 bodily harm, disability, or
20 disfigurement.
21 827.04(4) 3rd Impregnation of a child under 16
22 years of age by person 21 years
23 of age or older.
24 872.06 2nd Abuse of a dead human body.
25 893.13(1)(c)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), or (2)(b) drugs) within
29 1,000 feet of a school.
30
31
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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), or (2)(b) drugs).
4 893.135(1)(a)1. 1st Trafficking in cannabis, more
5 than 50 lbs., less than 2,000
6 lbs.
7 893.135
8 (1)(b)1.a. 1st Trafficking in cocaine, more than
9 28 grams, less than 200 grams.
10 893.135
11 (1)(c)1.a. 1st Trafficking in illegal drugs,
12 more than 4 grams, less than 14
13 grams.
14 893.135
15 (1)(d)1. 1st Trafficking in phencyclidine,
16 more than 28 grams, less than 200
17 grams.
18 893.135(1)(e)1. 1st Trafficking in methaqualone, more
19 than 200 grams, less than 5
20 kilograms.
21 893.135(1)(f)1. 1st Trafficking in amphetamine, more
22 than 14 grams, less than 28
23 grams.
24
25 (h) LEVEL 8
26 316.193
27 (3)(c)3.a. 2nd DUI manslaughter.
28 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
29 777.03(2)(a) 1st Accessory after the fact, capital
30 felony.
31
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.071(2) 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 800.04(4) 2nd Lewd or lascivious battery.
22 806.01(1) 1st Maliciously damage dwelling or
23 structure by fire or explosive,
24 believing person in structure.
25 810.02(2)(a) 1st,PBL Burglary with assault or battery.
26 810.02(2)(b) 1st,PBL Burglary; armed with explosives
27 or dangerous weapon.
28 810.02(2)(c) 1st Burglary of a dwelling or
29 structure causing structural
30 damage or $1,000 or more property
31 damage.
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1 812.13(2)(b) 1st Robbery with a weapon.
2 812.135(2) 1st Home-invasion robbery.
3 825.102(2) 2nd Aggravated abuse of an elderly
4 person or disabled adult.
5 825.103(2)(a) 1st Exploiting an elderly person or
6 disabled adult and property is
7 valued at $100,000 or more.
8 826.04(2) 2nd Knowingly marries or engages in
9 sexual activity with person less
10 than 18 years of age to whom
11 related.
12 827.03(2) 2nd Aggravated child abuse.
13 860.121(2)(c) 1st Shooting at or throwing any
14 object in path of railroad
15 vehicle resulting in great bodily
16 harm.
17 860.16 1st Aircraft piracy.
18 893.13(1)(b) 1st Sell or deliver in excess of 10
19 grams of any substance specified
20 in s. 893.03(1)(a) or (b).
21 893.13(2)(b) 1st Purchase in excess of 10 grams of
22 any substance specified in s.
23 893.03(1)(a) or (b).
24 893.13(6)(c) 1st Possess in excess of 10 grams of
25 any substance specified in s.
26 893.03(1)(a) or (b).
27 893.135(1)(a)2. 1st Trafficking in cannabis, more
28 than 2,000 lbs., less than 10,000
29 lbs.
30
31
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1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135(1)(d)2. 1st Trafficking in phencyclidine,
9 more than 200 grams, less than
10 400 grams.
11 893.135(1)(e)2. 1st Trafficking in methaqualone, more
12 than 5 kilograms, less than 25
13 kilograms.
14 893.135(1)(f)2. 1st Trafficking in amphetamine, more
15 than 28 grams, less than 200
16 grams.
17 895.03(1) 1st Use or invest proceeds derived
18 from pattern of racketeering
19 activity.
20 895.03(2) 1st Acquire or maintain through
21 racketeering activity any
22 interest in or control of any
23 enterprise or real property.
24 895.03(3) 1st Conduct or participate in any
25 enterprise through pattern of
26 racketeering activity.
27
28 (i) LEVEL 9
29 316.193
30 (3)(c)3.b. 1st DUI manslaughter; failing to
31 render aid or give information.
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1 782.04(1) 1st Attempt, conspire, or solicit to
2 commit premeditated murder.
3 782.04(3) 1st,PBL Accomplice to murder in
4 connection with arson, sexual
5 battery, robbery, burglary, and
6 other specified felonies.
7 782.07(2) 1st Aggravated manslaughter of an
8 elderly person or disabled adult.
9 782.07(3) 1st Aggravated manslaughter of a
10 child.
11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
12 reward or as a shield or hostage.
13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
14 or facilitate commission of any
15 felony.
16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
17 interfere with performance of any
18 governmental or political
19 function.
20 787.02(3)(a) 1st False imprisonment; child under
21 age 13; perpetrator also commits
22 child abuse, sexual battery,
23 lewd, or lascivious battery,
24 molestation, conduct, or
25 exhibition act, etc.
26 790.161 1st Attempted capital destructive
27 device offense.
28 794.011(2) 1st Attempted sexual battery; victim
29 less than 12 years of age.
30
31
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1 794.011(2) Life Sexual battery; offender younger
2 than 18 years and commits sexual
3 battery on a person less than 12
4 years.
5 794.011(4) 1st Sexual battery; victim 12 years
6 or older, certain circumstances.
7 794.011(8)(b) 1st Sexual battery; engage in sexual
8 conduct with minor 12 to 18 years
9 by person in familial or
10 custodial authority.
11 800.04(5)(b) 1st Lewd or lascivious molestation;
12 victim less than 12 years;
13 offender 18 years or older.
14 812.13(2)(a) 1st,PBL Robbery with firearm or other
15 deadly weapon.
16 812.133(2)(a) 1st,PBL Carjacking; firearm or other
17 deadly weapon.
18 847.0145(1) 1st Selling, or otherwise
19 transferring custody or control,
20 of a minor.
21 847.0145(2) 1st Purchasing, or otherwise
22 obtaining custody or control, of
23 a minor.
24 859.01 1st Poisoning food, drink, medicine,
25 or water with intent to kill or
26 injure another person.
27 893.135 1st Attempted capital trafficking
28 offense.
29 893.135(1)(a)3. 1st Trafficking in cannabis, more
30 than 10,000 lbs.
31
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135(1)(d)3. 1st Trafficking in phencyclidine,
10 more than 400 grams.
11 893.135(1)(e)3. 1st Trafficking in methaqualone, more
12 than 25 kilograms.
13 893.135(1)(f)3. 1st Trafficking in amphetamine, more
14 than 200 grams.
15
16 (j) LEVEL 10
17 782.04(2) 1st,PBL Unlawful killing of human; act is
18 homicide, unpremeditated.
19 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
20 upon or terrorize victim.
21 787.01(3)(a) Life Kidnapping; child under age 13,
22 perpetrator also commits child
23 abuse, sexual battery, lewd, or
24 lascivious offense upon or in the
25 presence of person less than 16
26 years of age act, etc.
27 794.011(3) Life Sexual battery; victim 12 years
28 or older, offender uses or
29 threatens to use deadly weapon or
30 physical force to cause serious
31 injury.
35
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1 876.32 1st Treason against the state.
2
3 Section 11. Paragraph (a) of subsection (4) of section
4 948.03, Florida Statutes, 1996 Supplement, is amended, and
5 subsection (5) of said section is reenacted, to read:
6 948.03 Terms and conditions of probation or community
7 control.--
8 (4) The court shall require a diagnosis and evaluation
9 to determine the need of a probationer or offender in
10 community control for treatment. If the court determines that
11 a need therefor is established by such diagnosis and
12 evaluation process, the court shall require outpatient
13 counseling as a term or condition of probation or community
14 control for any person who was found guilty of any of the
15 following, or whose plea of guilty or nolo contendere to any
16 of the following was accepted by the court:
17 (a) Lewd or lascivious battery, lewd or lascivious
18 molestation, lewd or lascivious conduct, or lewd or lascivious
19 exhibition, as defined in s. 800.04 A lewd, lascivious, or
20 indecent assault or act upon, or in the presence of, a child.
21 (b) Sexual battery, as defined in chapter 794, against
22 a child.
23 (c) Exploitation of a child as provided in s. 450.151,
24 or for prostitution.
25
26 Such counseling shall be required to be obtained from a
27 community mental health center, a recognized social service
28 agency providing mental health services, or a private mental
29 health professional or through other professional counseling.
30 The plan for counseling for the individual shall be provided
31 to the court for review.
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1 (5) Effective for probationers or community controlees
2 whose crime was committed on or after October 1, 1995, and who
3 are placed under supervision for violation of chapter 794, or
4 s. 800.04, s. 827.071, or s. 847.0145, the court must impose
5 the following conditions in addition to all other standard and
6 special conditions imposed:
7 (a) A curfew, if appropriate, during hours set by the
8 sentencing court.
9 (b) If the victim was under the age of 18, a
10 prohibition on living within 1,000 feet of a school, day care
11 center, park, playground, or other place where children
12 regularly congregate, as prescribed by the court.
13 (c) Active participation in and successful completion
14 of a sex offender treatment program, at the probationer's or
15 community controlee's own expense, unless one is not available
16 within a 50-mile radius of the probationer's or community
17 controlee's residence.
18 (d) A prohibition on any contact with the victim,
19 directly or indirectly, including through a third person,
20 unless approved by the sentencing court.
21 (e) If the victim was under the age of 18, a
22 prohibition, until successful completion of a sex offender
23 treatment program, on unsupervised contact with a child under
24 the age of 18, unless authorized by the sentencing court
25 without another adult present who is responsible for the
26 child's welfare, has been advised of the crime, and is
27 approved by the commission.
28 (f) If the victim was under age 18, a prohibition on
29 working for pay or as a volunteer at any school, day care
30 center, park, playground, or other place where children
31 regularly congregate.
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Florida House of Representatives - 1997 HB 1259
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1 (g) Unless otherwise indicated in the treatment plan
2 provided by the sexual offender treatment program, a
3 prohibition on viewing, owning, or possessing any obscene,
4 pornographic, or sexually explicit material.
5 (h) A requirement that the probationer or community
6 controlee must submit two specimens of blood to the Florida
7 Department of Law Enforcement to be registered with the DNA
8 data bank.
9 (i) A requirement that the probationer or community
10 controlee make restitution to the victim, as ordered by the
11 court under s. 775.089, for all necessary medical and related
12 professional services relating to physical, psychiatric, and
13 psychological care.
14 Section 12. This act shall take effect October 1,
15 1997.
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Florida House of Representatives - 1997 HB 1259
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2 HOUSE SUMMARY
3
Creates the Children's Protection Act of 1997. Defines
4 the offense of battery upon a child under 16 years of
age. Provides penalties.
5
6 Redefines the offense of unlawful exposure or exhibition
of sexual organs to prohibit appearing naked under
7 specified circumstances. Provides penalties. Provides
that a violation of specified provisions relating to
8 exposure of sexual organs in the presence of a person
under 16 years of age constitutes a violation of
9 specified provisions relating to lewd or lascivious
offenses committed upon or in the presence of a person
10 under 16 years of age. Provides an exception for maternal
breastfeeding.
11
12 Revises specified provisions relating to incest. Removes
definition of "sexual intercourse" and defines "sexual
13 activity." Redefines the offense of third degree felony
incest to include knowingly marrying or engaging in
14 sexual activity with any specified relative who is at
least 18 years old. Provides penalties. Defines the
15 offense of second degree felony incest against a person
under 16 years of age. Provides penalties.
16
17 Deletes provisions that define and provide penalties for
"lewd, lascivious, or indecent assault or act upon or in
18 the presence of a child." Creates the offenses of "lewd
or lascivious battery," "lewd or lascivious molestation,"
19 "lewd or lascivious conduct," and "lewd or lascivious
exhibition." Provides definitions. Provides penalties.
20 Provides definitions of "consent" and "coercion."
Precludes consent from being raised as a defense except
21 in certain circumstances. Precludes ignorance or belief
of age from being raised as a defense. Provides an
22 exception for maternal breastfeeding. Revises specified
provisions relating to violent career criminal sentencing
23 or relating to kidnapping and false imprisonment, to
conform to the act. Reenacts specified provisions
24 relating to time limitations, luring or enticing a child,
limits on interviews, and sex offender notification upon
25 release, to incorporate amendments in cross references.
26
Ranks offenses created in the act in the sentencing
27 guidelines offense severity ranking chart. Revises or
reenacts specified provisions relating to terms and
28 conditions of probation or community control, to conform
to the act.
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