Senate Bill 0416

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1998                                   SB 416

    By Senator Campbell





    33-247-98                                   See CS for HB 1259

  1                      A bill to be entitled

  2         An act relating to criminal offenses involving

  3         minors; creating the Children's Protection Act

  4         of 1998; amending s. 775.084, F.S., relating to

  5         violent career criminal sentencing, to conform

  6         to the act; amending ss. 787.01, 787.02, F.S.,

  7         relating to kidnapping and false imprisonment,

  8         to conform to the act; amending s. 800.03,

  9         F.S.; redefining the offense of unlawful

10         exposure or exhibition of sexual organs to

11         prohibit appearing naked under specified

12         circumstances; providing penalties; providing

13         an exception for maternal breastfeeding;

14         amending s. 800.04, F.S.; creating the offenses

15         of "lewd or lascivious battery," "lewd or

16         lascivious molestation," "lewd or lascivious

17         conduct," and "lewd or lascivious exhibition";

18         providing definitions; providing penalties;

19         precluding consent from being raised as a

20         defense except in certain circumstances;

21         precluding ignorance or belief concerning age

22         from being raised as a defense; providing an

23         exception for maternal breastfeeding; deleting

24         provisions that define and provide penalties

25         for "lewd, lascivious, or indecent assault or

26         act upon or in the presence of a child";

27         amending s. 826.04, F.S., relating to incest;

28         removing definition of "sexual intercourse" and

29         defining "sexual activity"; redefining the

30         offense of third-degree felony incest to

31         include knowingly marrying or engaging in

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         sexual activity with specified adult relatives;

  2         providing penalties; defining the offense of

  3         second-degree felony incest against a person

  4         under 16 years of age; providing penalties;

  5         reenacting ss. 775.15(7), 787.025(2)(a),

  6         914.16, 944.606(1)(b), F.S., relating to time

  7         limitations, luring or enticing a child, limits

  8         on interviews, and sex offender notification

  9         upon release, to incorporate the amendments to

10         ss. 800.04, 826.04, F.S., in cross-references;

11         amending s. 921.0022, F.S.; ranking offenses

12         created in the act in the Criminal Punishment

13         Code offense severity ranking chart; amending

14         s. 948.03, F.S., and reenacting s. 948.03(6),

15         F.S., relating to terms and conditions of

16         probation or community control, to conform to

17         the act; providing an effective date.

18

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

20

21         Section 1.  This act shall be known and may be cited as

22  the "Children's Protection Act of 1998."

23         Section 2.  Paragraph (c) of subsection (1) of section

24  775.084, Florida Statutes, is amended to read:

25         775.084  Violent career criminals; habitual felony

26  offenders and habitual violent felony offenders; definitions;

27  procedure; enhanced penalties.--

28         (1)  As used in this act:

29         (c)  "Violent career criminal" means a defendant for

30  whom the court must impose imprisonment pursuant to paragraph

31  (4)(c), if it finds that:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         1.  The defendant has previously been convicted as an

  2  adult three or more times for an offense in this state or

  3  other qualified offense that is:

  4         a.  Any forcible felony, as described in s. 776.08;

  5         b.  Aggravated stalking, as described in s. 784.048(3)

  6  and (4);

  7         c.  Aggravated child abuse, as described in s.

  8  827.03(2);

  9         d.  Aggravated abuse of an elderly person or disabled

10  adult, as described in s. 825.102(2);

11         e.  Lewd or lascivious battery, lewd or lascivious

12  molestation, lewd or lascivious conduct, or lewd or lascivious

13  exhibition, lascivious, or indecent conduct, as described in

14  s. 800.04;

15         f.  Escape, as described in s. 944.40; or

16         g.  A felony violation of chapter 790 involving the use

17  or possession of a firearm.

18         2.  The defendant has been incarcerated in a state

19  prison or a federal prison.

20         3.  The primary felony offense for which the defendant

21  is to be sentenced is a felony enumerated in subparagraph 1.

22  and was committed on or after October 1, 1995, and:

23         a.  While the defendant was serving a prison sentence

24  or other commitment imposed as a result of a prior conviction

25  for an enumerated felony; or

26         b.  Within 5 years after the conviction of the last

27  prior enumerated felony, or within 5 years after the

28  defendant's release from a prison sentence or other commitment

29  imposed as a result of a prior conviction for an enumerated

30  felony, whichever is later.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         4.  The defendant has not received a pardon for any

  2  felony or other qualified offense that is necessary for the

  3  operation of this paragraph.

  4         5.  A conviction of a felony or other qualified offense

  5  necessary to the operation of this paragraph has not been set

  6  aside in any postconviction proceeding.

  7         (6)  The purpose of this section is to provide uniform

  8  punishment for those crimes made punishable under this

  9  section, and to this end, a reference to this section

10  constitutes a general reference under the doctrine of

11  incorporation by reference.

12         Section 3.  Paragraph (a) of subsection (3) of section

13  787.01, Florida Statutes, is amended to read:

14         787.01  Kidnapping; kidnapping of child under age 13,

15  aggravating circumstances.--

16         (3)(a)  A person who commits the offense of kidnapping

17  upon a child under the age of 13 and who, in the course of

18  committing the offense, commits one or more of the following:

19         1.  Aggravated child abuse, as defined in s. 827.03;

20         2.  Sexual battery, as defined in chapter 794, against

21  the child;

22         3.  Lewd or lascivious battery, lewd or lascivious

23  molestation, lewd or lascivious conduct, or lewd or lascivious

24  exhibition A lewd, lascivious, or indecent assault or act upon

25  or in the presence of the child, in violation of s. 800.04;

26         4.  A violation of s. 796.03 or s. 796.04, relating to

27  prostitution, upon the child; or

28         5.  Exploitation of the child or allowing the child to

29  be exploited, in violation of s. 450.151,

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  commits a life felony, punishable as provided in s. 775.082,

  2  s. 775.083, or s. 775.084.

  3         Section 4.  Paragraph (a) of subsection (3) of section

  4  787.02, Florida Statutes, is amended to read:

  5         787.02  False imprisonment; false imprisonment of child

  6  under age 13, aggravating circumstances.--

  7         (3)(a)  A person who commits the offense of false

  8  imprisonment upon a child under the age of 13 and who, in the

  9  course of committing the offense, commits any offense

10  enumerated in subparagraphs 1.-5., commits a felony of the

11  first degree, punishable by imprisonment for a term of years

12  not exceeding life or as provided in s. 775.082, s. 775.083,

13  or s. 775.084.

14         1.  Aggravated child abuse, as defined in s. 827.03;

15         2.  Sexual battery, as defined in chapter 794, against

16  the child;

17         3.  Lewd or lascivious battery, lewd or lascivious

18  molestation, lewd or lascivious conduct, or lewd or lascivious

19  exhibition A lewd, lascivious, or indecent assault or act upon

20  or in the presence of the child, in violation of s. 800.04;

21         4.  A violation of s. 796.03 or s. 796.04, relating to

22  prostitution, upon the child; or

23         5.  Exploitation of the child or allowing the child to

24  be exploited, in violation of s. 450.151.

25         Section 5.  Section 800.03, Florida Statutes, is

26  amended to read:

27         800.03  Exposure of sexual organs.--

28         (1)  It is unlawful for any person, in a lewd or

29  lascivious manner, to expose or exhibit his or her one's

30  sexual organs in public or on the private premises of another,

31  or so near thereto as to be seen from such private premises,

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  in a vulgar or indecent manner, or appear to be naked in

  2  public except in any place provided or set apart for that

  3  purpose.

  4         (2)  A person who commits a violation of this section

  5  commits is a misdemeanor of the first degree, punishable as

  6  provided in s. 775.082 or s. 775.083.

  7         (3)  A mother's breastfeeding of her baby does not

  8  under any circumstance violate this section.

  9         Section 6.  Section 800.04, Florida Statutes, is

10  amended to read:

11         800.04  Lewd or lascivious offenses committed upon or

12  in the presence of persons less than 16 years of age Lewd,

13  lascivious, or indecent assault or act upon or in presence of

14  child.--

15         (1)  DEFINITIONS.--As used in this section:

16         (a)  "Sexual activity" means the oral, anal, or vaginal

17  penetration by, or union with, the sexual organ of another or

18  the anal or vaginal penetration of another by any other

19  object; however, sexual activity does not include an act done

20  for a bona fide medical purpose.

21         (b)  "Consent" means intelligent, knowing, and

22  voluntary consent, and does not include submission by

23  coercion.

24         (c)  "Coercion" means the use of exploitation, bribes,

25  threats of force, or intimidation to gain cooperation or

26  compliance.

27         (d)  "Victim" means a person upon whom an offense

28  described in this section was committed or attempted; or a

29  person who has reported a violation of this section to a law

30  enforcement officer.

31         (2)  CONSENT OF VICTIM.--

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         (a)  If the victim is under 12 years of age, the

  2  consent of the victim cannot be raised as a defense to a

  3  prosecution for any offense under this section.

  4         (b)  If the victim is 12 years of age or older but less

  5  than 16 years of age, the consent of the victim cannot be

  6  raised as a defense to a prosecution for any offense under

  7  this section if the difference between the age of the offender

  8  and the age of the victim exceeds 2 years.

  9         (3)  IGNORANCE OR BELIEF CONCERNING VICTIM'S AGE.--The

10  perpetrator's ignorance of the victim's age, the victim's

11  misrepresentation of his or her age, or the perpetrator's bona

12  fide belief concerning the victim's age may not be raised as a

13  defense in a prosecution under this section.

14         (4)  LEWD OR LASCIVIOUS BATTERY.--A person who:

15         (a)  Engages in sexual activity with a person 12 years

16  of age or older but less than 16 years of age; or

17         (b)  Encourages, forces, or entices any person less

18  than 16 years of age to engage in sadomasochistic abuse,

19  sexual bestiality, prostitution, or any other act involving

20  sexual activity

21

22  commits lewd or lascivious battery, a felony of the second

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         (5)  LEWD OR LASCIVIOUS MOLESTATION.--

26         (a)  A person who intentionally touches in a lewd or

27  lascivious manner the breasts, genitals, genital area, or

28  buttocks, or the clothing covering them, of a person less than

29  16 years of age, or forces or entices a person under 16 years

30  of age to so touch the perpetrator, commits lewd or lascivious

31  molestation.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         (b)  An offender 18 years of age or older who commits

  2  lewd or lascivious molestation against a victim less than 12

  3  years of age commits a felony of the first degree, punishable

  4  as provided in s. 775.082, s. 775.083, or s. 775.084.

  5         (c)1.  An offender less than 18 years of age who

  6  commits lewd or lascivious molestation against a victim less

  7  than 12 years of age; or

  8         2.  An offender 18 years of age or older who commits

  9  lewd or lascivious molestation against a victim 12 years of

10  age or older but less than 16 years of age

11

12  commits a felony of the second degree, punishable as provided

13  in s. 775.082, s. 775.083, or s. 775.084.

14         (d)  An offender less than 18 years of age who commits

15  lewd or lascivious molestation against a victim 12 years of

16  age or older but less than 16 years of age commits a felony of

17  the third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084.

19         (6)  LEWD OR LASCIVIOUS CONDUCT.--

20         (a)  A person who:

21         1.  Intentionally touches a person under 16 years of

22  age in a lewd or lascivious manner; or

23         2.  Solicits a person under 16 years of age to commit a

24  lewd or lascivious act

25

26  commits lewd or lascivious conduct.

27         (b)  An offender 18 years of age or older who commits

28  lewd or lascivious conduct commits a felony of the second

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         (c)  An offender less than 18 years of age who commits

  2  lewd or lascivious conduct commits a felony of the third

  3  degree, punishable as provided in s. 775.082, s. 775.083, or

  4  s. 775.084.

  5         (7)  LEWD OR LASCIVIOUS EXHIBITION.--

  6         (a)  A person who:

  7         1.  Intentionally masturbates;

  8         2.  Intentionally exposes the genitals in a lewd or

  9  lascivious manner; or

10         3.  Intentionally commits any other sexual act that

11  does not involve actual physical or sexual contact with the

12  victim, including, but not limited to, sadomasochistic abuse,

13  sexual bestiality, or the simulation of any act involving

14  sexual activity

15

16  in the presence of a victim who is less than 16 years of age,

17  commits lewd or lascivious exhibition.

18         (b)  An offender 18 years of age or older who commits a

19  lewd or lascivious exhibition commits a felony of the second

20  degree, punishable as provided in s. 775.082, s. 775.083, or

21  s. 775.084.

22         (c)  An offender less than 18 years of age who commits

23  a lewd or lascivious exhibition commits a felony of the third

24  degree, punishable as provided in s. 775.082, s. 775.083, or

25  s. 775.084.

26         (8)  EXCEPTION.--A mother's breastfeeding of her baby

27  does not under any circumstance constitute a violation of this

28  section. A person who:

29         (1)  Handles, fondles, or assaults any child under the

30  age of 16 years in a lewd, lascivious, or indecent manner;

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         (2)  Commits actual or simulated sexual intercourse,

  2  deviate sexual intercourse, sexual bestiality, masturbation,

  3  sadomasochistic abuse, actual lewd exhibition of the genitals,

  4  or any act or conduct which simulates that sexual battery is

  5  being or will be committed upon any child under the age of 16

  6  years or forces or entices the child to commit any such act;

  7         (3)  Commits an act defined as sexual battery under s.

  8  794.011(1)(h) upon any child under the age of 16 years; or

  9         (4)  Knowingly commits any lewd or lascivious act in

10  the presence of any child under the age of 16 years,

11

12  without committing the crime of sexual battery, commits a

13  felony of the second degree, punishable as provided in s.

14  775.082, s. 775.083, or s. 775.084.  Neither the victim's lack

15  of chastity nor the victim's consent is a defense to the crime

16  proscribed by this section.  A mother's breastfeeding of her

17  baby does not under any circumstance violate this section.

18         Section 7.  Section 826.04, Florida Statutes, is

19  amended to read:

20         826.04  Incest.--

21         (1)  A person who Whoever knowingly marries or engages

22  in sexual activity has sexual intercourse with a person 18

23  years of age or older to whom he or she is related by lineal

24  consanguinity, or a brother, sister, uncle, aunt, nephew, or

25  niece, commits incest, which constitutes a felony of the third

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.  "Sexual intercourse" is the penetration of the

28  female sex organ by the male sex organ, however slight;

29  emission of semen is not required.

30         (2)  A person who knowingly marries or engages in

31  sexual activity with a person less than 18 years of age to

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  whom he or she is related by lineal consanguinity, or a

  2  brother, sister, uncle, aunt, nephew, or niece, commits

  3  incest, a felony of the second degree, punishable as provided

  4  in s. 775.082, s. 775.083, or s. 775.084.

  5         (3)  For purposes of this section, "sexual activity"

  6  means the oral, anal, or vaginal penetration by or union with

  7  the sexual organ of another; however, sexual activity does not

  8  include an act done for a bona fide medical purpose.

  9         Section 8.  For the purpose of incorporating the

10  amendments to sections 800.04 and 826.04, Florida Statutes, in

11  references thereto, subsection (7) of section 775.15, Florida

12  Statutes, is reenacted to read:

13         775.15  Time limitations.--

14         (7)  If the victim of a violation of s. 794.011, former

15  s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is

16  under the age of 16, the applicable period of limitation, if

17  any, does not begin to run until the victim has reached the

18  age of 16 or the violation is reported to a law enforcement

19  agency or other governmental agency, whichever occurs earlier.

20  Such law enforcement agency or other governmental agency shall

21  promptly report such allegation to the state attorney for the

22  judicial circuit in which the alleged violation occurred. If

23  the offense is a first or second degree felony violation of s.

24  794.011, and the crime is reported within 72 hours after its

25  commission, paragraph (1)(b) applies. This subsection applies

26  to any such offense except an offense the prosecution of which

27  would have been barred by subsection (2) on or before December

28  31, 1984.

29         Section 9.  For the purpose of incorporating the

30  amendments to section 800.04, Florida Statutes, in references

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  thereto, paragraph (a) of subsection (2) of section 787.025,

  2  Florida Statutes, is reenacted to read:

  3         787.025  Luring or enticing a child.--

  4         (2)(a)  A person over the age of 18 who, having been

  5  previously convicted of a violation of chapter 794 or s.

  6  800.04, or a violation of a similar law of another

  7  jurisdiction, intentionally lures or entices, or attempts to

  8  lure or entice, a child under the age of 12 into a structure,

  9  dwelling, or conveyance for other than a lawful purpose

10  commits a felony of the third degree, punishable as provided

11  in s. 775.082, s. 775.083, or s. 775.084.

12         Section 10.  For the purpose of incorporating the

13  amendments to section 800.04, Florida Statutes, in references

14  thereto, section 914.16, Florida Statutes, is reenacted to

15  read:

16         914.16  Child abuse and sexual abuse of victims under

17  age 16 or persons with mental retardation; limits on

18  interviews.--The chief judge of each judicial circuit, after

19  consultation with the state attorney and the public defender

20  for the judicial circuit, the appropriate chief law

21  enforcement officer, and any other person deemed appropriate

22  by the chief judge, shall provide by order reasonable limits

23  on the number of interviews that a victim of a violation of s.

24  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

25  or a victim of a violation of s. 794.011, s. 800.02, s.

26  800.03, or s. 825.102 who is a person with mental retardation

27  as defined in s. 393.063(41) must submit to for law

28  enforcement or discovery purposes.  The order shall, to the

29  extent possible, protect the victim from the psychological

30  damage of repeated interrogations while preserving the rights

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  of the public, the victim, and the person charged with the

  2  violation.

  3         Section 11.  For the purpose of incorporating the

  4  amendments to section 800.04, Florida Statutes, in references

  5  thereto, paragraph (b) of subsection (1) of section 944.606,

  6  Florida Statutes, is reenacted to read:

  7         944.606  Sexual offenders; notification upon release.--

  8         (1)  As used in this section:

  9         (b)  "Sexual offender" means a person who has been

10  convicted of a felony violation of chapter 794, s. 800.04, s.

11  827.071, or s. 847.0145, or a violation of a similar law of

12  another jurisdiction, when the department has received

13  verified information regarding such conviction; an offender's

14  computerized criminal history record is not, in and of itself,

15  verified information.

16         Section 12.  Paragraphs (b), (d), (e), (f), (g), (h),

17  (i), and (j) of subsection (3) of section 921.0022, Florida

18  Statutes, are amended to read:

19         921.0022  Criminal Punishment Code; offense severity

20  ranking chart.--

21         (3)  OFFENSE SEVERITY RANKING CHART

22

23  Florida           Felony

24  Statute           Degree             Description

25

26                              (b)  LEVEL 2

27  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

28                              lbs. in weight or 100 cubic feet

29                              in volume or any quantity for

30                              commercial purposes, or hazardous

31                              waste.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  517.07             3rd      Registration of securities and

  2                              furnishing of prospectus

  3                              required.

  4  590.28(1)          3rd      Willful, malicious, or

  5                              intentional burning.

  6  784.05(3)          3rd      Storing or leaving a loaded

  7                              firearm within reach of minor who

  8                              uses it to inflict injury or

  9                              death.

10  787.04(1)          3rd      In violation of court order,

11                              take, entice, etc., minor beyond

12                              state limits.

13  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

14                              or more to public communication

15                              or any other public service.

16  810.09(2)(e)       3rd      Trespassing on posted commerical

17                              horticulture property.

18  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

19                              more but less than $5,000.

20  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

21                              more but less than $300, taken

22                              from unenclosed curtilage of

23                              dwelling.

24  817.234(1)(a)2.    3rd      False statement in support of

25                              insurance claim.

26  817.481(3)(a)      3rd      Obtain credit or purchase with

27                              false, expired, counterfeit,

28                              etc., credit card, value over

29                              $300.

30  817.52(3)          3rd      Failure to redeliver hired

31                              vehicle.

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  817.54             3rd      With intent to defraud, obtain

  2                              mortgage note, etc., by false

  3                              representation.

  4  817.60(5)          3rd      Dealing in credit cards of

  5                              another.

  6  817.60(6)(a)       3rd      Forgery; purchase goods, services

  7                              with false card.

  8  817.61             3rd      Fraudulent use of credit cards

  9                              over $100 or more within 6

10                              months.

11  826.04(1)          3rd      Knowingly marries or engages in

12                              sexual activity has sexual

13                              intercourse with person 18 years

14                              of age or older to whom related.

15  831.01             3rd      Forgery.

16  831.02             3rd      Uttering forged instrument;

17                              utters or publishes alteration

18                              with intent to defraud.

19  831.07             3rd      Forging bank bills or promissory

20                              note.

21  831.08             3rd      Possession of 10 or more forged

22                              notes.

23  831.09             3rd      Uttering forged bills; passes as

24                              bank bill or promissory note.

25  832.05(3)(a)       3rd      Cashing or depositing item with

26                              intent to defraud.

27  843.08             3rd      Falsely impersonating an officer.

28  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

29                              (2)(c), (3), or (4) drugs other

30                              than cannabis.

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  893.147(2)         3rd      Manufacture or delivery of drug

  2                              paraphernalia.

  3

  4                              (d)  LEVEL 4

  5  316.1935(2)        3rd      Fleeing or attempting to elude

  6                              law enforcement officer resulting

  7                              in high-speed pursuit.

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

  9                              officer, firefighter, intake

10                              officer, etc.

11  784.075            3rd      Battery on detention or

12                              commitment facility staff.

13  784.08(2)(c)       3rd      Battery on a person 65 years of

14                              age or older.

15  784.081(3)         3rd      Battery on specified official or

16                              employee.

17  784.082(3)         3rd      Battery by detained person on

18                              visitor or other detainee.

19  787.03(1)          3rd      Interference with custody;

20                              wrongly takes child from

21                              appointed guardian.

22  787.04(2)          3rd      Take, entice, or remove child

23                              beyond state limits with criminal

24                              intent pending custody

25                              proceedings.

26  787.04(3)          3rd      Carrying child beyond state lines

27                              with criminal intent to avoid

28                              producing child at custody

29                              hearing or delivering to

30                              designated person.

31

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  790.115(1)         3rd      Exhibiting firearm or weapon

  2                              within 1,000 feet of a school.

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

  4                              device, destructive device, or

  5                              other weapon on school property.

  6  790.115(2)(c)      3rd      Possessing firearm on school

  7                              property.

  8  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

  9                              offender less than 18 years.

10  810.02(4)(a)       3rd      Burglary, or attempted burglary,

11                              of an unoccupied structure;

12                              unarmed; no assault or battery.

13  810.02(4)(b)       3rd      Burglary, or attempted burglary,

14                              of an unoccupied conveyance;

15                              unarmed; no assault or battery.

16  810.06             3rd      Burglary; possession of tools.

17  810.08(2)(c)       3rd      Trespass on property, armed with

18                              firearm or dangerous weapon.

19  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

20                              or more but less than $20,000.

21  812.014

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

23                              firearm, motor vehicle,

24                              livestock, etc.

25  817.563(1)         3rd      Sell or deliver substance other

26                              than controlled substance agreed

27                              upon, excluding s. 893.03(5)

28                              drugs.

29

30

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




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

  2                              harm or permanent breeding

  3                              disability to any registered

  4                              horse or cattle.

  5  837.02(1)          3rd      Perjury in official proceedings.

  6  837.021(1)         3rd      Make contradictory statements in

  7                              official proceedings.

  8  843.025            3rd      Deprive law enforcement,

  9                              correctional, or correctional

10                              probation officer of means of

11                              protection or communication.

12  843.15(1)(a)       3rd      Failure to appear while on bail

13                              for felony (bond estreature or

14                              bond jumping).

15  874.05(1)          3rd      Encouraging or recruiting another

16                              to join a criminal street gang.

17  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

18                              893.03(1)(a), (b), or (d), or

19                              (2)(a) or (b) drugs).

20  914.14(2)          3rd      Witnesses accepting bribes.

21  914.22(1)          3rd      Force, threaten, etc., witness,

22                              victim, or informant.

23  914.23(2)          3rd      Retaliation against a witness,

24                              victim, or informant, no bodily

25                              injury.

26  918.12             3rd      Tampering with jurors.

27

28                              (e)  LEVEL 5

29  316.027(1)(a)      3rd      Accidents involving personal

30                              injuries, failure to stop;

31                              leaving scene.

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  316.1935(3)        3rd      Aggravated fleeing or eluding.

  2  322.34(3)          3rd      Careless operation of motor

  3                              vehicle with suspended license,

  4                              resulting in death or serious

  5                              bodily injury.

  6  327.30(5)          3rd      Vessel accidents involving

  7                              personal injury; leaving scene.

  8  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

  9                              knowing HIV positive.

10  790.01(2)          3rd      Carrying a concealed firearm.

11  790.162            2nd      Threat to throw or discharge

12                              destructive device.

13  790.163            2nd      False report of deadly explosive.

14  790.165(2)         3rd      Manufacture, sell, possess, or

15                              deliver hoax bomb.

16  790.221(1)         2nd      Possession of short-barreled

17                              shotgun or machine gun.

18  790.23             2nd      Felons in possession of firearms

19                              or electronic weapons or devices.

20  800.04(6)(c)       3rd      Lewd or lascivious conduct;

21                              offender less than 18 years.

22  800.04(7)(b)       2nd      Lewd or lascivious exhibition;

23                              offender 18 years or older.

24  806.111(1)         3rd      Possess, manufacture, or dispense

25                              fire bomb with intent to damage

26                              any structure or property.

27  812.019(1)         2nd      Stolen property; dealing in or

28                              trafficking in.

29  812.16(2)          3rd      Owning, operating, or conducting

30                              a chop shop.

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  817.034(4)(a)2.    2nd      Communications fraud, value

  2                              $20,000 to $50,000.

  3  825.1025(4)        3rd      Lewd or lascivious exhibition in

  4                              the presence of an elderly person

  5                              or disabled adult.

  6  827.071(4)         2nd      Possess with intent to promote

  7                              any photographic material, motion

  8                              picture, etc., which includes

  9                              sexual conduct by a child.

10  843.01             3rd      Resist officer with violence to

11                              person; resist arrest with

12                              violence.

13  874.05(2)          2nd      Encouraging or recruiting another

14                              to join a criminal street gang;

15                              second or subsequent offense.

16  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d),

19                              (2)(a), or (2)(b) drugs).

20  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

21                              cannabis (or other s.

22                              893.03(1)(c), (2)(c), (3), or (4)

23                              drugs) within 1,000 feet of a

24                              school.

25  893.13(1)(d)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                              200 feet of university, public

30                              housing facility, or public park.

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  893.13(4)(b)       2nd      Deliver to minor cannabis (or

  2                              other s. 893.03(1)(c), (2)(c),

  3                              (3), or (4) drugs).

  4

  5                              (f)  LEVEL 6

  6  316.027(1)(b)      2nd      Accident involving death, failure

  7                              to stop; leaving scene.

  8  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

  9                              conviction.

10  775.0875(1)        3rd      Taking firearm from law

11                              enforcement officer.

12  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

13                              without intent to kill.

14  784.021(1)(b)      3rd      Aggravated assault; intent to

15                              commit felony.

16  784.048(3)         3rd      Aggravated stalking; credible

17                              threat.

18  784.07(2)(c)       2nd      Aggravated assault on law

19                              enforcement officer.

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  787.02(2)          3rd      False imprisonment; restraining

28                              with purpose other than those in

29                              s. 787.01.

30  790.115(2)(d)      2nd      Discharging firearm or weapon on

31                              school property.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  790.161(2)         2nd      Make, possess, or throw

  2                              destructive device with intent to

  3                              do bodily harm or damage

  4                              property.

  5  790.164(1)         2nd      False report of deadly explosive

  6                              or act of arson or violence to

  7                              state property.

  8  790.19             2nd      Shooting or throwing deadly

  9                              missiles into dwellings, vessels,

10                              or vehicles.

11  794.011(8)(a)      3rd      Solicitation of minor to

12                              participate in sexual activity by

13                              custodial adult.

14  794.05(1)          2nd      Unlawful sexual activity with

15                              specified minor.

16  800.04(5)(d)       3rd      Lewd or lascivious molestation;

17                              victim 12 years of age or older

18                              but less than 16 years; offender

19                              less than 18 years.

20  800.04(6)(b)       2nd      Lewd or lascivious conduct;

21                              offender 18 years of age or

22                              older.

23  806.031(2)         2nd      Arson resulting in great bodily

24                              harm to firefighter or any other

25                              person.

26  810.02(3)(c)       2nd      Burglary of occupied structure;

27                              unarmed; no assault or battery.

28  812.014(2)(b)      2nd      Property stolen $20,000 or more,

29                              but less than $100,000, grand

30                              theft in 2nd degree.

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  812.13(2)(c)       2nd      Robbery, no firearm or other

  2                              weapon (strong-arm robbery).

  3  817.034(4)(a)1.    1st      Communications fraud, value

  4                              greater than $50,000.

  5  817.4821(5)        2nd      Possess cloning paraphernalia

  6                              with intent to create cloned

  7                              cellular telephones.

  8  825.102(1)         3rd      Abuse of an elderly person or

  9                              disabled adult.

10  825.102(3)(c)      3rd      Neglect of an elderly person or

11                              disabled adult.

12  825.1025(3)        3rd      Lewd or lascivious molestation of

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(c)      3rd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $100 or more, but less

18                              than $20,000.

19  827.03(1)          3rd      Abuse of a child.

20  827.03(3)(c)       3rd      Neglect of a child.

21  827.071(2)&(3)     2nd      Use or induce a child in a sexual

22                              performance, or promote or direct

23                              such performance.

24  836.05             2nd      Threats; extortion.

25  836.10             2nd      Written threats to kill or do

26                              bodily injury.

27  843.12             3rd      Aids or assists person to escape.

28  914.23             2nd      Retaliation against a witness,

29                              victim, or informant, with bodily

30                              injury.

31

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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            3rd      Killing of human being by the

  6                              operation of a motor vehicle in a

  7                              reckless manner (vehicular

  8                              homicide).

  9  782.072            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

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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.

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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)1.b.  1st      Trafficking in phencyclidine,

  9                              more than 200 grams, less than

10                              400 grams.

11  893.135(1)(e)1.b.  1st      Trafficking in methaqualone, more

12                              than 5 kilograms, less than 25

13                              kilograms.

14  893.135(1)(f)1.b.  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.

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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, or

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

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  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)1.c.  1st      Trafficking in phencyclidine,

10                              more than 400 grams.

11  893.135(1)(e)1.c.  1st      Trafficking in methaqualone, more

12                              than 25 kilograms.

13  893.135(1)(f)1.c.  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, or lewd,

24                              or lascivious battery,

25                              molestation, conduct, or

26                              exhibition 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.

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  876.32             1st      Treason against the state.

  2

  3         Section 13.  Paragraph (a) of subsection (4) and

  4  paragraph (a) of subsection (5) of section 948.03, Florida

  5  Statutes, are amended, and subsection (6) of said section is

  6  reenacted, to read:

  7         948.03  Terms and conditions of probation or community

  8  control.--

  9         (4)  The court shall require a diagnosis and evaluation

10  to determine the need of a probationer or offender in

11  community control for treatment.  If the court determines that

12  a need therefor is established by such diagnosis and

13  evaluation process, the court shall require outpatient

14  counseling as a term or condition of probation or community

15  control for any person who was found guilty of any of the

16  following, or whose plea of guilty or nolo contendere to any

17  of the following was accepted by the court:

18         (a)  Lewd or lascivious battery, lewd or lascivious

19  molestation, lewd or lascivious conduct, or lewd or lascivious

20  exhibition, as defined in s. 800.04 A lewd, lascivious, or

21  indecent assault or act upon, or in the presence of, a child.

22         (b)  Sexual battery, as defined in chapter 794, against

23  a child.

24         (c)  Exploitation of a child as provided in s. 450.151,

25  or for prostitution.

26

27  Such counseling shall be required to be obtained from a

28  community mental health center, a recognized social service

29  agency providing mental health services, or a private mental

30  health professional or through other professional counseling.

31

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1  The plan for counseling for the individual shall be provided

  2  to the court for review.

  3         (5)(a)  Effective for probationers or community

  4  controllees whose crime was committed on or after October 1,

  5  1995, and who are placed under supervision for violation of

  6  chapter 794, or s. 800.04, s. 827.071, or s. 847.0145, the

  7  court must impose the following conditions in addition to all

  8  other standard and special conditions imposed:

  9         1.  A mandatory curfew from 10 p.m. to 6 a.m. The court

10  may designate another 8-hour period if the offender's

11  employment precludes the above specified time, and such

12  alternative is recommended by the Department of Corrections.

13  If the court determines that imposing a curfew would endanger

14  the victim, the court may consider alternative sanctions.

15         2.  If the victim was under the age of 18, a

16  prohibition on living within 1,000 feet of a school, day care

17  center, park, playground, or other place where children

18  regularly congregate, as prescribed by the court.

19         3.  Active participation in and successful completion

20  of a sex offender treatment program with therapists

21  specifically trained to treat sex offenders, at the

22  probationer's or community controllee's own expense. If a

23  specially trained therapist is not available within a 50-mile

24  radius of the probationer's or community controllee's

25  residence, the offender shall participate in other appropriate

26  therapy.

27         4.  A prohibition on any contact with the victim,

28  directly or indirectly, including through a third person,

29  unless approved by the victim, the offender's therapist, and

30  the sentencing court.

31

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         5.  If the victim was under the age of 18, a

  2  prohibition, until successful completion of a sex offender

  3  treatment program, on unsupervised contact with a child under

  4  the age of 18, unless authorized by the sentencing court

  5  without another adult present who is responsible for the

  6  child's welfare, has been advised of the crime, and is

  7  approved by the sentencing court.

  8         6.  If the victim was under age 18, a prohibition on

  9  working for pay or as a volunteer at any school, day care

10  center, park, playground, or other place where children

11  regularly congregate.

12         7.  Unless otherwise indicated in the treatment plan

13  provided by the sexual offender treatment program, a

14  prohibition on viewing, owning, or possessing any obscene,

15  pornographic, or sexually stimulating visual or auditory

16  material, including telephone, electronic media, computer

17  programs, or computer services that are relevant to the

18  offender's deviant behavior pattern.

19         8.  A requirement that the probationer or community

20  controllee must submit two specimens of blood to the Florida

21  Department of Law Enforcement to be registered with the DNA

22  data bank.

23         9.  A requirement that the probationer or community

24  controllee make restitution to the victim, as ordered by the

25  court under s. 775.089, for all necessary medical and related

26  professional services relating to physical, psychiatric, and

27  psychological care.

28         10.  Submission to a warrantless search by the

29  community control or probation officer of the probationer's or

30  community controllee's person, residence, or vehicle.

31

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         (b)  Effective for a probationer or community

  2  controllee whose crime was committed on or after October 1,

  3  1997, and who is placed on sex offender probation for a

  4  violation of chapter 794, s. 800.04, s. 827.071, or s.

  5  847.0145, in addition to any other provision of this

  6  subsection, the court must impose the following conditions of

  7  probation or community control:

  8         1.  As part of a treatment program, participation at

  9  least annually in polygraph examinations to obtain information

10  necessary for risk management and treatment and to reduce the

11  sex offender's denial mechanisms. A polygraph examination must

12  be conducted by a polygrapher trained specifically in the use

13  of the polygraph for the monitoring of sex offenders, where

14  available, and shall be paid by the sex offender. The results

15  of the polygraph examination shall not be used as evidence in

16  court to prove that a violation of community supervision has

17  occurred.

18         2.  Maintenance of a driving log and a prohibition

19  against driving a motor vehicle alone without the prior

20  approval of the supervising officer.

21         3.  A prohibition against obtaining or using a post

22  office box without the prior approval of the supervising

23  officer.

24         4.  If there was sexual contact, a submission to, at

25  the probationer's or community controllee's expense, an HIV

26  test with the results to be released to the victim and/or the

27  victim's parent or guardian.

28         5.  Electronic monitoring when deemed necessary by the

29  community control or probation officer and his or her

30  supervisor, and ordered by the court at the recommendation of

31  the Department of Corrections.

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1         (6)  The enumeration of specific kinds of terms and

  2  conditions shall not prevent the court from adding thereto

  3  such other or others as it considers proper. However, the

  4  sentencing court may only impose a condition of supervision

  5  allowing an offender convicted of s. 794.011, s. 800.04, s.

  6  827.071, or s. 847.0145, to reside in another state, if the

  7  order stipulates that it is contingent upon the approval of

  8  the receiving state interstate compact authority. The court

  9  may rescind or modify at any time the terms and conditions

10  theretofore imposed by it upon the probationer or offender in

11  community control.  However, if the court withholds

12  adjudication of guilt or imposes a period of incarceration as

13  a condition of probation or community control, the period

14  shall not exceed 364 days, and incarceration shall be

15  restricted to either a county facility, a probation and

16  restitution center under the jurisdiction of the Department of

17  Corrections, a probation program drug punishment phase I

18  secure residential treatment institution, or a community

19  residential facility owned or operated by any entity providing

20  such services.

21         Section 14.  This act shall take effect October 1 of

22  the year in which enacted.

23

24

25

26

27

28

29

30

31

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 416
    33-247-98                                   See CS for HB 1259




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Creates the "Children's Protection Act of 1998." Defines
      the offenses of lewd or lascivious battery, lewd or
  4    lascivious molestation, lewd or lascivious conduct, or
      lewd or lascivious exhibition. Provides that the victim's
  5    consent is not a defense to any such offense if the
      victim is under 12 years of age. If the victim is 12
  6    years of age or older, provides that the victim's consent
      is not a defense if the difference in age between the
  7    offender and the victim exceeds 2 years. Provides that
      lack of knowledge, misrepresentation, or mistake as to
  8    the victim's age is not a defense to any such offense.
      Revises the elements of the offense of incest to prohibit
  9    sexual activity between persons 18 years of age or older
      who are related by lineal consanguinity. (See bill for
10    details.)

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  40