Senate Bill 0170c1

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    Florida Senate - 1999                            CS for SB 170

    By the Committee on Criminal Justice and Senator Bronson





    307-1126-99

  1                      A bill to be entitled

  2         An act relating to criminal offenses involving

  3         minors; creating the Children's Protection Act

  4         of 1999; amending s. 775.084, F.S., and

  5         reenacting s. 775.084(6), F.S., relating to

  6         violent career criminal sentencing, to conform

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

  8         relating to kidnapping and false imprisonment,

  9         to conform to the act; amending s. 800.04,

10         F.S.; creating the offenses of "lewd or

11         lascivious battery," "lewd or lascivious

12         molestation," "lewd or lascivious conduct," and

13         "lewd or lascivious exhibition"; providing

14         definitions; providing penalties; precluding

15         consent from being raised as a defense if the

16         victim is under a specified age; precluding

17         ignorance or belief of age from being raised as

18         a defense; providing an exception for maternal

19         breastfeeding; deleting provisions that define

20         and provide penalties for "lewd, lascivious, or

21         indecent assault or act upon or in the presence

22         of a child"; reenacting ss. 775.15(7),

23         787.025(2)(a), 914.16, and 944.606(1)(b), F.S.,

24         relating to time limitations, luring or

25         enticing a child, limits on interviews, and sex

26         offender notification upon release, to

27         incorporate the amendments to s. 800.04, F.S.,

28         in cross-references; amending s. 921.0022,

29         F.S.; ranking offenses created in the act in

30         the Criminal Punishment Code offense severity

31         ranking chart; amending s. 948.03, F.S., and

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  1         reenacting s. 948.03(6), F.S., relating to

  2         terms and conditions of probation or community

  3         control, to conform to the act; amending ss.

  4         119.07, 947.146, 985.03, 985.227, 985.313,

  5         F.S.; revising a description of certain lewd or

  6         lascivious offenses for certain purposes;

  7         providing an effective date.

  8

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

10

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

12  the "Children's Protection Act of 1999."

13         Section 2.  Paragraph (f) of subsection (3) of section

14  119.07, Florida Statutes, 1998 Supplement, is amended to read:

15         119.07  Inspection, examination, and duplication of

16  records; exemptions.--

17         (3)

18         (f)  Any criminal intelligence information or criminal

19  investigative information including the photograph, name,

20  address, or other fact or information which reveals the

21  identity of the victim of the crime of sexual battery as

22  defined in chapter 794; the identity of the victim of a the

23  crime of lewd or, lascivious offense committed, or indecent

24  assault upon or in the presence of a person less than 16 years

25  of age child, as defined in chapter 800; or the identity of

26  the victim of the crime of child abuse as defined by chapter

27  827 and any criminal intelligence information or criminal

28  investigative information or other criminal record, including

29  those portions of court records and court proceedings, which

30  may reveal the identity of a person who is a victim of any

31  sexual offense, including a sexual offense proscribed in

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  1  chapter 794, chapter 800, or chapter 827, is exempt from the

  2  provisions of subsection (1) and s. 24(a), Art. I of the State

  3  Constitution.

  4         Section 3.  Paragraph (c) of subsection (1) of section

  5  775.084, Florida Statutes, 1998 Supplement, is amended, and

  6  subsection (6) of that section is reenacted, to read:

  7         775.084  Violent career criminals; habitual felony

  8  offenders and habitual violent felony offenders; definitions;

  9  procedure; enhanced penalties.--

10         (1)  As used in this act:

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

12  whom the court must impose imprisonment pursuant to paragraph

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

14         1.  The defendant has previously been convicted as an

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

16  other qualified offense that is:

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

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

19  and (4);

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

21  827.03(2);

22         d.  Aggravated abuse of an elderly person or disabled

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

24         e.  Lewd or lascivious battery, lewd or lascivious

25  molestation, lewd or lascivious conduct, or lewd or lascivious

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

27  s. 800.04;

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

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

30  or possession of a firearm.

31

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  1         2.  The defendant has been incarcerated in a state

  2  prison or a federal prison.

  3         3.  The primary felony offense for which the defendant

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

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

  6         a.  While the defendant was serving a prison sentence

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

  8  for an enumerated felony; or

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

10  prior enumerated felony, or within 5 years after the

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

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

13  felony, whichever is later.

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

15  felony or other qualified offense that is necessary for the

16  operation of this paragraph.

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

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

19  aside in any postconviction proceeding.

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

21  punishment for those crimes made punishable under this

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

23  constitutes a general reference under the doctrine of

24  incorporation by reference.

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

26  787.01, Florida Statutes, is amended to read:

27         787.01  Kidnapping; kidnapping of child under age 13,

28  aggravating circumstances.--

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

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

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

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

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

  3  the child;

  4         3.  Lewd or lascivious battery, lewd or lascivious

  5  molestation, lewd or lascivious conduct, or lewd or lascivious

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

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

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

  9  prostitution, upon the child; or

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

11  be exploited, in violation of s. 450.151,

12

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

14  s. 775.083, or s. 775.084.

15         Section 5.  Paragraph (a) of subsection (3) of section

16  787.02, Florida Statutes, is amended to read:

17         787.02  False imprisonment; false imprisonment of child

18  under age 13, aggravating circumstances.--

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

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

21  course of committing the offense, commits any offense

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

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

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

25  or s. 775.084.

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

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

28  the child;

29         3.  Lewd or lascivious battery, lewd or lascivious

30  molestation, lewd or lascivious conduct, or lewd or lascivious

31

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

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

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

  4  prostitution, upon the child; or

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

  6  be exploited, in violation of s. 450.151.

  7         Section 6.  Section 800.04, Florida Statutes, is

  8  amended to read:

  9         800.04  Lewd or lascivious offenses committed upon or

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

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

12  child.--

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

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

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

16  the anal or vaginal penetration of another by any other

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

18  for a bona fide medical purpose.

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

20  voluntary consent, and does not include submission by

21  coercion.

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

23  threats of force, or intimidation to gain cooperation or

24  compliance.

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

26  described in this section was committed or attempted or a

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

28  enforcement officer.

29         (2)  PROHIBITED DEFENSES.--Neither the victim's lack of

30  chastity nor the victim's consent is a defense to the crimes

31  proscribed by this section.

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  1         (3)  IGNORANCE OR BELIEF OF VICTIM'S AGE.--The

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

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

  4  fide belief of the victim's age cannot be raised as a defense

  5  in a prosecution under this section.

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

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

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

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

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

11  sexual bestiality, prostitution, or any other act involving

12  sexual activity

13

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

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

16  s. 775.084.

17         (5)  LEWD OR LASCIVIOUS MOLESTATION.--

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

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

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

21  16 years of age, or forces or entices a person under 16 years

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

23  molestation.

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

25  lewd or lascivious molestation against a victim less than 12

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

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

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

29  commits lewd or lascivious molestation against a victim less

30  than 12 years of age; or

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

  2  lewd or lascivious molestation against a victim 12 years of

  3  age or older but less than 16 years of age

  4

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

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

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

  8  lewd or lascivious molestation against a victim 12 years of

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

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

11  775.083, or s. 775.084.

12         (6)  LEWD OR LASCIVIOUS CONDUCT.--

13         (a)  A person who:

14         1.  Intentionally touches a person under 16 years of

15  age in a lewd or lascivious manner; or

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

17  lewd or lascivious act

18

19  commits lewd or lascivious conduct.

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

21  lewd or lascivious conduct commits a felony of the second

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

23  s. 775.084.

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

25  lewd or lascivious conduct commits a felony of the third

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

27  s. 775.084.

28         (7)  LEWD OR LASCIVIOUS EXHIBITION.--

29         (a)  A person who:

30         1.  Intentionally masturbates;

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  1         2.  Intentionally exposes the genitals in a lewd or

  2  lascivious manner; or

  3         3.  Intentionally commits any other sexual act that

  4  does not involve actual physical or sexual contact with the

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

  6  sexual bestiality, or the simulation of any act involving

  7  sexual activity

  8

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

10  commits lewd or lascivious exhibition.

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

12  lewd or lascivious exhibition commits a felony of the second

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

14  s. 775.084.

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

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

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

18  s. 775.084.

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

20  does not under any circumstance constitute a violation of this

21  section. A person who:

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

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

24         (2)  Commits actual or simulated sexual intercourse,

25  deviate sexual intercourse, sexual bestiality, masturbation,

26  sadomasochistic abuse, actual lewd exhibition of the genitals,

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

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

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

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

31  794.011(1)(h) upon any child under the age of 16 years; or

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

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

  3

  4  without committing the crime of sexual battery, commits a

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

  6  775.082, s. 775.083, or s. 775.084.  Neither the victim's lack

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

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

  9  baby does not under any circumstance violate this section.

10         Section 7.  For the purpose of incorporating the

11  amendments made by this act to section 800.04, Florida

12  Statutes, in references thereto, subsection (7) of section

13  775.15, Florida Statutes, 1998 Supplement, is reenacted to

14  read:

15         775.15  Time limitations.--

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

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

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

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

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

21  agency or other governmental agency, whichever occurs earlier.

22  Such law enforcement agency or other governmental agency shall

23  promptly report such allegation to the state attorney for the

24  judicial circuit in which the alleged violation occurred. If

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

26  794.011, and the crime is reported within 72 hours after its

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

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

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

30  31, 1984.

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  1         Section 8.  For the purpose of incorporating the

  2  amendments made by this act to section 800.04, Florida

  3  Statutes, in references thereto, paragraph (a) of subsection

  4  (2) of section 787.025, Florida Statutes, is reenacted to

  5  read:

  6         787.025  Luring or enticing a child.--

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

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

  9  800.04, or a violation of a similar law of another

10  jurisdiction, intentionally lures or entices, or attempts to

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

12  dwelling, or conveyance for other than a lawful purpose

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

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

15         Section 9.  For the purpose of incorporating the

16  amendments made by this act to section 800.04, Florida

17  Statutes, in references thereto, section 914.16, Florida

18  Statutes, is reenacted to read:

19         914.16  Child abuse and sexual abuse of victims under

20  age 16 or persons with mental retardation; limits on

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

22  consultation with the state attorney and the public defender

23  for the judicial circuit, the appropriate chief law

24  enforcement officer, and any other person deemed appropriate

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

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

27  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

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

29  800.03, or s. 825.102 who is a person with mental retardation

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

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

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  1  extent possible, protect the victim from the psychological

  2  damage of repeated interrogations while preserving the rights

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

  4  violation.

  5         Section 10.  For the purpose of incorporating the

  6  amendments made by this act to section 800.04, Florida

  7  Statutes, in references thereto, paragraph (b) of subsection

  8  (1) of section 944.606, Florida Statutes, 1998 Supplement, is

  9  reenacted to read:

10         944.606  Sexual offenders; notification upon release.--

11         (1)  As used in this section:

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

13  convicted of committing, or attempting, soliciting, or

14  conspiring to commit, any of the criminal offenses proscribed

15  in the following statutes in this state or similar offenses in

16  another jurisdiction:  s. 787.01 or s. 782.02, where the

17  victim is a minor and the defendant is not the victim's

18  parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.

19  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;

20  or any similar offense committed in this state which has been

21  redesignated from a former statute number to one of those

22  listed in this subsection, when the department has received

23  verified information regarding such conviction; an offender's

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

25  verified information.

26         Section 11.  Paragraphs (d), (e), (f), (g), (h), (i),

27  and (j) of subsection (3) of section 921.0022, Florida

28  Statutes, 1998 Supplement, are amended to read:

29         921.0022  Criminal Punishment Code; offense severity

30  ranking chart.--

31         (3)  OFFENSE SEVERITY RANKING CHART

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  1

  2  Florida           Felony

  3  Statute           Degree             Description

  4

  5                              (d)  LEVEL 4

  6  316.1935(3)        2nd      Driving at high speed or with

  7                              wanton disregard for safety while

  8                              fleeing or attempting to elude

  9                              law enforcement officer who is in

10                              a marked patrol vehicle with

11                              siren and lights activated.

12  784.07(2)(b)       3rd      Battery of law enforcement

13                              officer, firefighter, intake

14                              officer, etc.

15  784.075            3rd      Battery on detention or

16                              commitment facility staff.

17  784.08(2)(c)       3rd      Battery on a person 65 years of

18                              age or older.

19  784.081(3)         3rd      Battery on specified official or

20                              employee.

21  784.082(3)         3rd      Battery by detained person on

22                              visitor or other detainee.

23  784.083(3)         3rd      Battery on code inspector.

24  787.03(1)          3rd      Interference with custody;

25                              wrongly takes child from

26                              appointed guardian.

27  787.04(2)          3rd      Take, entice, or remove child

28                              beyond state limits with criminal

29                              intent pending custody

30                              proceedings.

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  1  787.04(3)          3rd      Carrying child beyond state lines

  2                              with criminal intent to avoid

  3                              producing child at custody

  4                              hearing or delivering to

  5                              designated person.

  6  790.115(1)         3rd      Exhibiting firearm or weapon

  7                              within 1,000 feet of a school.

  8  790.115(2)(b)      3rd      Possessing electric weapon or

  9                              device, destructive device, or

10                              other weapon on school property.

11  790.115(2)(c)      3rd      Possessing firearm on school

12                              property.

13  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

14                              offender less than 18 years.

15  810.02(4)(a)       3rd      Burglary, or attempted burglary,

16                              of an unoccupied structure;

17                              unarmed; no assault or battery.

18  810.02(4)(b)       3rd      Burglary, or attempted burglary,

19                              of an unoccupied conveyance;

20                              unarmed; no assault or battery.

21  810.06             3rd      Burglary; possession of tools.

22  810.08(2)(c)       3rd      Trespass on property, armed with

23                              firearm or dangerous weapon.

24  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

25                              or more but less than $20,000.

26  812.014

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

28                              firearm, motor vehicle,

29                              livestock, etc.

30

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

  2                              than controlled substance agreed

  3                              upon, excluding s. 893.03(5)

  4                              drugs.

  5  828.125(1)         2nd      Kill, maim, or cause great bodily

  6                              harm or permanent breeding

  7                              disability to any registered

  8                              horse or cattle.

  9  837.02(1)          3rd      Perjury in official proceedings.

10  837.021(1)         3rd      Make contradictory statements in

11                              official proceedings.

12  843.025            3rd      Deprive law enforcement,

13                              correctional, or correctional

14                              probation officer of means of

15                              protection or communication.

16  843.15(1)(a)       3rd      Failure to appear while on bail

17                              for felony (bond estreature or

18                              bond jumping).

19  874.05(1)          3rd      Encouraging or recruiting another

20                              to join a criminal street gang.

21  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

22                              893.03(1)(a), (b), or (d), or

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

24  914.14(2)          3rd      Witnesses accepting bribes.

25  914.22(1)          3rd      Force, threaten, etc., witness,

26                              victim, or informant.

27  914.23(2)          3rd      Retaliation against a witness,

28                              victim, or informant, no bodily

29                              injury.

30  918.12             3rd      Tampering with jurors.

31                              (e)  LEVEL 5

                                  15

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    Florida Senate - 1999                            CS for SB 170
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  1  316.027(1)(a)      3rd      Accidents involving personal

  2                              injuries, failure to stop;

  3                              leaving scene.

  4  316.1935(4)        2nd      Aggravated fleeing or eluding.

  5  322.34(3)          3rd      Careless operation of motor

  6                              vehicle with suspended license,

  7                              resulting in death or serious

  8                              bodily injury.

  9  327.30(5)          3rd      Vessel accidents involving

10                              personal injury; leaving scene.

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

12                              knowing HIV positive.

13  790.01(2)          3rd      Carrying a concealed firearm.

14  790.162            2nd      Threat to throw or discharge

15                              destructive device.

16  790.163            2nd      False report of deadly explosive.

17  790.165(2)         3rd      Manufacture, sell, possess, or

18                              deliver hoax bomb.

19  790.221(1)         2nd      Possession of short-barreled

20                              shotgun or machine gun.

21  790.23             2nd      Felons in possession of firearms

22                              or electronic weapons or devices.

23  800.04(6)(c)       3rd      Lewd or lascivious conduct;

24                              offender less than 18 years.

25  800.04(7)(b)       2nd      Lewd or lascivious exhibition;

26                              offender 18 years or older.

27  806.111(1)         3rd      Possess, manufacture, or dispense

28                              fire bomb with intent to damage

29                              any structure or property.

30  812.019(1)         2nd      Stolen property; dealing in or

31                              trafficking in.

                                  16

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    Florida Senate - 1999                            CS for SB 170
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  1  812.16(2)          3rd      Owning, operating, or conducting

  2                              a chop shop.

  3  817.034(4)(a)2.    2nd      Communications fraud, value

  4                              $20,000 to $50,000.

  5  825.1025(4)        3rd      Lewd or lascivious exhibition in

  6                              the presence of an elderly person

  7                              or disabled adult.

  8  827.071(4)         2nd      Possess with intent to promote

  9                              any photographic material, motion

10                              picture, etc., which includes

11                              sexual conduct by a child.

12  843.01             3rd      Resist officer with violence to

13                              person; resist arrest with

14                              violence.

15  874.05(2)          2nd      Encouraging or recruiting another

16                              to join a criminal street gang;

17                              second or subsequent offense.

18  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

19                              cocaine (or other s.

20                              893.03(1)(a), (1)(b), (1)(d),

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

22  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

23                              cannabis (or other s.

24                              893.03(1)(c), (2)(c), (3), or (4)

25                              drugs) within 1,000 feet of a

26                              child care facility or school.

27

28

29

30

31

                                  17

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    Florida Senate - 1999                            CS for SB 170
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  1  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d),

  4                              (2)(a), or (2)(b) drugs) within

  5                              200 feet of university or public

  6                              park.

  7  893.13(1)(e)       2nd      Sell, manufacture, or deliver

  8                              cannabis or other drug prohibited

  9                              under s. 893.03(1)(c), (2)(c),

10                              (3), or (4) within 1,000 feet of

11                              property used for religious

12                              services or a specified business

13                              site.

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

15                              cocaine (or other s.

16                              893.03(1)(a), (1)(b), (1)(d), or

17                              (2)(a), or (2)(b) drugs) within

18                              200 feet of public housing

19                              facility.

20  893.13(4)(b)       2nd      Deliver to minor cannabis (or

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

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

23                              (f)  LEVEL 6

24  316.027(1)(b)      2nd      Accident involving death, failure

25                              to stop; leaving scene.

26  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

27                              conviction.

28  775.0875(1)        3rd      Taking firearm from law

29                              enforcement officer.

30

31

                                  18

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    Florida Senate - 1999                            CS for SB 170
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  1  775.21(9)          3rd      Sexual predators; failure to

  2                              register; failure to renew

  3                              driver's license or

  4                              identification card.

  5  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

  6                              without intent to kill.

  7  784.021(1)(b)      3rd      Aggravated assault; intent to

  8                              commit felony.

  9  784.041            3rd      Felony battery.

10  784.048(3)         3rd      Aggravated stalking; credible

11                              threat.

12  784.048(5)         3rd      Aggravated stalking of person

13                              under 16.

14  784.07(2)(c)       2nd      Aggravated assault on law

15                              enforcement officer.

16  784.08(2)(b)       2nd      Aggravated assault on a person 65

17                              years of age or older.

18  784.081(2)         2nd      Aggravated assault on specified

19                              official or employee.

20  784.082(2)         2nd      Aggravated assault by detained

21                              person on visitor or other

22                              detainee.

23  784.083(2)         2nd      Aggravated assault on code

24                              inspector.

25  787.02(2)          3rd      False imprisonment; restraining

26                              with purpose other than those in

27                              s. 787.01.

28  790.115(2)(d)      2nd      Discharging firearm or weapon on

29                              school property.

30

31

                                  19

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    Florida Senate - 1999                            CS for SB 170
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  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

                                  20

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    Florida Senate - 1999                            CS for SB 170
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  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 less than $20,000.

18  827.03(1)          3rd      Abuse of a child.

19  827.03(3)(c)       3rd      Neglect of a child.

20  827.071(2)&(3)     2nd      Use or induce a child in a sexual

21                              performance, or promote or direct

22                              such performance.

23  836.05             2nd      Threats; extortion.

24  836.10             2nd      Written threats to kill or do

25                              bodily injury.

26  843.12             3rd      Aids or assists person to escape.

27  847.0135(3)        3rd      Solicitation of a child, via a

28                              computer service, to commit an

29                              unlawful sex act.

30

31

                                  21

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    Florida Senate - 1999                            CS for SB 170
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  1  914.23             2nd      Retaliation against a witness,

  2                              victim, or informant, with bodily

  3                              injury.

  4  943.0435(6)        3rd      Sex offenders; failure to comply

  5                              with reporting requirements.

  6  944.35(3)(a)2.     3rd      Committing malicious battery upon

  7                              or inflicting cruel or inhuman

  8                              treatment on an inmate or

  9                              offender on community

10                              supervision, resulting in great

11                              bodily harm.

12  944.40             2nd      Escapes.

13  944.46             3rd      Harboring, concealing, aiding

14                              escaped prisoners.

15  944.47(1)(a)5.     2nd      Introduction of contraband

16                              (firearm, weapon, or explosive)

17                              into correctional facility.

18  951.22(1)          3rd      Intoxicating drug, firearm, or

19                              weapon introduced into county

20                              facility.

21                              (g)  LEVEL 7

22  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

23                              injury.

24  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

25                              bodily injury.

26  409.920(2)         3rd      Medicaid provider fraud.

27

28

29

30

31

                                  22

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    Florida Senate - 1999                            CS for SB 170
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  1  494.0018(2)        1st      Conviction of any violation of

  2                              ss. 494.001-494.0077 in which the

  3                              total money and property

  4                              unlawfully obtained exceeded

  5                              $50,000 and there were five or

  6                              more victims.

  7  782.051(3)         2nd      Attempted felony murder of a

  8                              person by a person other than the

  9                              perpetrator or the perpetrator of

10                              an attempted felony.

11  782.07(1)          2nd      Killing of a human being by the

12                              act, procurement, or culpable

13                              negligence of another

14                              (manslaughter).

15  782.071            3rd      Killing of human being or viable

16                              fetus by the operation of a motor

17                              vehicle in a reckless manner

18                              (vehicular homicide).

19  782.072            3rd      Killing of a human being by the

20                              operation of a vessel in a

21                              reckless manner (vessel

22                              homicide).

23  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

24                              causing great bodily harm or

25                              disfigurement.

26  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

27                              weapon.

28  784.045(1)(b)      2nd      Aggravated battery; perpetrator

29                              aware victim pregnant.

30  784.048(4)         3rd      Aggravated stalking; violation of

31                              injunction or court order.

                                  23

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    Florida Senate - 1999                            CS for SB 170
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  1  784.07(2)(d)       1st      Aggravated battery on law

  2                              enforcement officer.

  3  784.08(2)(a)       1st      Aggravated battery on a person 65

  4                              years of age or older.

  5  784.081(1)         1st      Aggravated battery on specified

  6                              official or employee.

  7  784.082(1)         1st      Aggravated battery by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(1)         1st      Aggravated battery on code

11                              inspector.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

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

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  796.03             2nd      Procuring any person under 16

18                              years for prostitution.

19  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

20                              victim less than 12 years of age;

21                              offender less than 18 years.

22                              Handle, fondle, or assault child

23                              under 16 years in lewd,

24                              lascivious, or indecent manner.

25  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

26                              victim 12 years of age or older

27                              but less than 16 years; offender

28                              18 years or older.

29  806.01(2)          2nd      Maliciously damage structure by

30                              fire or explosive.

31

                                  24

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    Florida Senate - 1999                            CS for SB 170
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  1  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  2                              unarmed; no assault or battery.

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

  4                              unarmed; no assault or battery.

  5  810.02(3)(d)       2nd      Burglary of occupied conveyance;

  6                              unarmed; no assault or battery.

  7  812.014(2)(a)      1st      Property stolen, valued at

  8                              $100,000 or more; property stolen

  9                              while causing other property

10                              damage; 1st degree grand theft.

11  812.019(2)         1st      Stolen property; initiates,

12                              organizes, plans, etc., the theft

13                              of property and traffics in

14                              stolen property.

15  812.133(2)(b)      1st      Carjacking; no firearm, deadly

16                              weapon, or other weapon.

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

18                              disabled adult causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  825.1025(2)        2nd      Lewd or lascivious battery upon

22                              an elderly person or disabled

23                              adult.

24  825.103(2)(b)      2nd      Exploiting an elderly person or

25                              disabled adult and property is

26                              valued at $20,000 or more, but

27                              less than $100,000.

28  827.03(3)(b)       2nd      Neglect of a child causing great

29                              bodily harm, disability, or

30                              disfigurement.

31

                                  25

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    Florida Senate - 1999                            CS for SB 170
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  1  827.04(4)          3rd      Impregnation of a child under 16

  2                              years of age by person 21 years

  3                              of age or older.

  4  837.05(2)          3rd      Giving false information about

  5                              alleged capital felony to a law

  6                              enforcement officer.

  7  872.06             2nd      Abuse of a dead human body.

  8  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  9                              cocaine (or other drug prohibited

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

11                              (1)(d), (2)(a), or (2)(b)) within

12                              1,000 feet of a child care

13                              facility or school.

14  893.13(1)(e)       1st      Sell, manufacture, or deliver

15                              cocaine or other drug prohibited

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

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

18                              1,000 feet of property used for

19                              religious services or a specified

20                              business site.

21  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

23                              (1)(d), (2)(a), or (2)(b) drugs).

24  893.135(1)(a)1.    1st      Trafficking in cannabis, more

25                              than 50 lbs., less than 2,000

26                              lbs.

27  893.135

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

29                              28 grams, less than 200 grams.

30

31

                                  26

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    Florida Senate - 1999                            CS for SB 170
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  1  893.135

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

  3                              more than 4 grams, less than 14

  4                              grams.

  5  893.135

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

  7                              more than 28 grams, less than 200

  8                              grams.

  9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

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

17                              grams or more, less than 14

18                              grams.

19                              (h)  LEVEL 8

20  316.193

21   (3)(c)3.a.        2nd      DUI manslaughter.

22  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

23  777.03(2)(a)       1st      Accessory after the fact, capital

24                              felony.

25  782.04(4)          2nd      Killing of human without design

26                              when engaged in act or attempt of

27                              any felony other than arson,

28                              sexual battery, robbery,

29                              burglary, kidnapping, aircraft

30                              piracy, or unlawfully discharging

31                              bomb.

                                  27

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    Florida Senate - 1999                            CS for SB 170
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  1  782.051(2)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony not

  4                              enumerated in s. 782.04(3).

  5  782.071(2)         2nd      Committing vehicular homicide and

  6                              failing to render aid or give

  7                              information.

  8  782.072(2)         2nd      Committing vessel homicide and

  9                              failing to render aid or give

10                              information.

11  790.161(3)         1st      Discharging a destructive device

12                              which results in bodily harm or

13                              property damage.

14  794.011(5)         2nd      Sexual battery, victim 12 years

15                              or over, offender does not use

16                              physical force likely to cause

17                              serious injury.

18  800.04(4)          2nd      Lewd or lascivious battery.

19  806.01(1)          1st      Maliciously damage dwelling or

20                              structure by fire or explosive,

21                              believing person in structure.

22  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

23  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

24                              or dangerous weapon.

25  810.02(2)(c)       1st      Burglary of a dwelling or

26                              structure causing structural

27                              damage or $1,000 or more property

28                              damage.

29  812.13(2)(b)       1st      Robbery with a weapon.

30  812.135(2)         1st      Home-invasion robbery.

31

                                  28

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    Florida Senate - 1999                            CS for SB 170
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  1  825.102(2)         2nd      Aggravated abuse of an elderly

  2                              person or disabled adult.

  3  825.103(2)(a)      1st      Exploiting an elderly person or

  4                              disabled adult and property is

  5                              valued at $100,000 or more.

  6  827.03(2)          2nd      Aggravated child abuse.

  7  837.02(2)          2nd      Perjury in official proceedings

  8                              relating to prosecution of a

  9                              capital felony.

10  837.021(2)         2nd      Making contradictory statements

11                              in official proceedings relating

12                              to prosecution of a capital

13                              felony.

14  860.121(2)(c)      1st      Shooting at or throwing any

15                              object in path of railroad

16                              vehicle resulting in great bodily

17                              harm.

18  860.16             1st      Aircraft piracy.

19  893.13(1)(b)       1st      Sell or deliver in excess of 10

20                              grams of any substance specified

21                              in s. 893.03(1)(a) or (b).

22  893.13(2)(b)       1st      Purchase in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.13(6)(c)       1st      Possess in excess of 10 grams of

26                              any substance specified in s.

27                              893.03(1)(a) or (b).

28  893.135(1)(a)2.    1st      Trafficking in cannabis, more

29                              than 2,000 lbs., less than 10,000

30                              lbs.

31

                                  29

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    Florida Senate - 1999                            CS for SB 170
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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

  9   (1)(d)1.b.        1st      Trafficking in phencyclidine,

10                              more than 200 grams, less than

11                              400 grams.

12  893.135

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

14                              than 5 kilograms, less than 25

15                              kilograms.

16  893.135

17   (1)(f)1.b.        1st      Trafficking in amphetamine, more

18                              than 28 grams, less than 200

19                              grams.

20  893.135

21  (1)(g)1.b.         1st      Trafficking in flunitrazepam, 14

22                              grams or more, less than 28

23                              grams.

24  895.03(1)          1st      Use or invest proceeds derived

25                              from pattern of racketeering

26                              activity.

27  895.03(2)          1st      Acquire or maintain through

28                              racketeering activity any

29                              interest in or control of any

30                              enterprise or real property.

31

                                  30

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    Florida Senate - 1999                            CS for SB 170
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  1  895.03(3)          1st      Conduct or participate in any

  2                              enterprise through pattern of

  3                              racketeering activity.

  4                              (i)  LEVEL 9

  5  316.193

  6   (3)(c)3.b.        1st      DUI manslaughter; failing to

  7                              render aid or give information.

  8  782.04(1)          1st      Attempt, conspire, or solicit to

  9                              commit premeditated murder.

10  782.04(3)          1st,PBL   Accomplice to murder in

11                              connection with arson, sexual

12                              battery, robbery, burglary, and

13                              other specified felonies.

14  782.051(1)         1st      Attempted felony murder while

15                              perpetrating or attempting to

16                              perpetrate a felony enumerated in

17                              s. 782.04(3).

18  782.07(2)          1st      Aggravated manslaughter of an

19                              elderly person or disabled adult.

20  782.07(3)          1st      Aggravated manslaughter of a

21                              child.

22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

23                              reward or as a shield or hostage.

24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

25                              or facilitate commission of any

26                              felony.

27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

28                              interfere with performance of any

29                              governmental or political

30                              function.

31

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    Florida Senate - 1999                            CS for SB 170
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  1  787.02(3)(a)       1st      False imprisonment; child under

  2                              age 13; perpetrator also commits

  3                              aggravated child abuse, sexual

  4                              battery, or lewd, or lascivious

  5                              battery, molestation, conduct, or

  6                              exhibition act, etc.

  7  790.161            1st      Attempted capital destructive

  8                              device offense.

  9  794.011(2)         1st      Attempted sexual battery; victim

10                              less than 12 years of age.

11  794.011(2)         Life     Sexual battery; offender younger

12                              than 18 years and commits sexual

13                              battery on a person less than 12

14                              years.

15  794.011(4)         1st      Sexual battery; victim 12 years

16                              or older, certain circumstances.

17  794.011(8)(b)      1st      Sexual battery; engage in sexual

18                              conduct with minor 12 to 18 years

19                              by person in familial or

20                              custodial authority.

21  800.04(5)(b)       1st      Lewd or lascivious molestation;

22                              victim less than 12 years;

23                              offender 18 years or older.

24  812.13(2)(a)       1st,PBL  Robbery with firearm or other

25                              deadly weapon.

26  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

27                              deadly weapon.

28  847.0145(1)        1st      Selling, or otherwise

29                              transferring custody or control,

30                              of a minor.

31

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  1  847.0145(2)        1st      Purchasing, or otherwise

  2                              obtaining custody or control, of

  3                              a minor.

  4  859.01             1st      Poisoning food, drink, medicine,

  5                              or water with intent to kill or

  6                              injure another person.

  7  893.135            1st      Attempted capital trafficking

  8                              offense.

  9  893.135(1)(a)3.    1st      Trafficking in cannabis, more

10                              than 10,000 lbs.

11  893.135

12   (1)(b)1.c.        1st      Trafficking in cocaine, more than

13                              400 grams, less than 150

14                              kilograms.

15  893.135

16   (1)(c)1.c.        1st      Trafficking in illegal drugs,

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

20   (1)(d)1.c.        1st      Trafficking in phencyclidine,

21                              more than 400 grams.

22  893.135

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

24                              than 25 kilograms.

25  893.135

26   (1)(f)1.c.        1st      Trafficking in amphetamine, more

27                              than 200 grams.

28                              (j)  LEVEL 10

29  782.04(2)          1st,PBL  Unlawful killing of human; act is

30                              homicide, unpremeditated.

31

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  1  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

  2                              upon or terrorize victim.

  3  787.01(3)(a)       Life     Kidnapping; child under age 13,

  4                              perpetrator also commits

  5                              aggravated child abuse, sexual

  6                              battery, or lewd, or lascivious

  7                              battery, molestation, conduct, or

  8                              exhibition act, etc.

  9  794.011(3)         Life     Sexual battery; victim 12 years

10                              or older, offender uses or

11                              threatens to use deadly weapon or

12                              physical force to cause serious

13                              injury.

14  876.32             1st      Treason against the state.

15         Section 12.  Subsection (3) of section 947.146, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         947.146  Control Release Authority.--

18         (3)  Within 120 days prior to the date the state

19  correctional system is projected pursuant to s. 216.136 to

20  exceed 99 percent of total capacity, the authority shall

21  determine eligibility for and establish a control release date

22  for an appropriate number of parole ineligible inmates

23  committed to the department and incarcerated within the state

24  who have been determined by the authority to be eligible for

25  discretionary early release pursuant to this section.  In

26  establishing control release dates, it is the intent of the

27  Legislature that the authority prioritize consideration of

28  eligible inmates closest to their tentative release date.  The

29  authority shall rely upon commitment data on the offender

30  information system maintained by the department to initially

31  identify inmates who are to be reviewed for control release

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  1  consideration.  The authority may use a method of objective

  2  risk assessment in determining if an eligible inmate should be

  3  released.  Such assessment shall be a part of the department's

  4  management information system. However, the authority shall

  5  have sole responsibility for determining control release

  6  eligibility, establishing a control release date, and

  7  effectuating the release of a sufficient number of inmates to

  8  maintain the inmate population between 99 percent and 100

  9  percent of total capacity.  Inmates who are ineligible for

10  control release are inmates who are parole eligible or inmates

11  who:

12         (a)  Are serving a sentence that includes a mandatory

13  minimum provision for a capital offense or drug trafficking

14  offense and have not served the number of days equal to the

15  mandatory minimum term less any jail-time credit awarded by

16  the court;

17         (b)  Are serving the mandatory minimum portion of a

18  sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);

19         (c)  Are convicted, or have been previously convicted,

20  of committing or attempting to commit sexual battery, incest,

21  or any of the following lewd or indecent assaults or acts:

22  masturbating in public; exposing the sexual organs in a

23  perverted manner; or nonconsensual handling or fondling of the

24  sexual organs of another person;

25         (d)  Are convicted, or have been previously convicted,

26  of committing or attempting to commit assault, aggravated

27  assault, battery, or aggravated battery, and a sex act was

28  attempted or completed during commission of such offense;

29         (e)  Are convicted, or have been previously convicted,

30  of committing or attempting to commit kidnapping, burglary, or

31  murder, and the offense was committed with the intent to

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  1  commit sexual battery or a sex act was attempted or completed

  2  during commission of the offense;

  3         (f)  Are convicted, or have been previously convicted,

  4  of committing or attempting to commit false imprisonment upon

  5  a child under the age of 13 and, in the course of committing

  6  the offense, the inmate committed aggravated child abuse,

  7  sexual battery against the child, or a lewd or, lascivious

  8  offense committed, or indecent assault or act upon or in the

  9  presence of a person less than 16 years of age the child;

10         (g)  Are sentenced, have previously been sentenced, or

11  have been sentenced at any time under s. 775.084, or have been

12  sentenced at any time in another jurisdiction as a habitual

13  offender;

14         (h)  Are convicted, or have been previously convicted,

15  of committing or attempting to commit assault, aggravated

16  assault, battery, aggravated battery, kidnapping,

17  manslaughter, or murder against an officer as defined in s.

18  943.10(1), (2), (3), (6), (7), (8), or (9); against a state

19  attorney or assistant state attorney; or against a justice or

20  judge of a court described in Art. V of the State

21  Constitution; or against an officer, judge, or state attorney

22  employed in a comparable position by any other jurisdiction;

23  or

24         (i)  Are convicted, or have been previously convicted,

25  of committing or attempting to commit murder in the first,

26  second, or third degree under s. 782.04(1), (2), (3), or (4),

27  or have ever been convicted of any degree of murder or

28  attempted murder in another jurisdiction;

29         (j)  Are convicted, or have been previously convicted,

30  of DUI manslaughter under s. 316.193(3)(c)3., and are

31  sentenced, or have been sentenced at any time, as a habitual

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  1  offender for such offense, or have been sentenced at any time

  2  in another jurisdiction as a habitual offender for such

  3  offense;

  4         (k)1.  Are serving a sentence for an offense committed

  5  on or after January 1, 1994, for a violation of the Law

  6  Enforcement Protection Act under s. 775.0823(2), (3), (4), or

  7  (5), and the subtotal of the offender's sentence points is

  8  multiplied pursuant to former s. 921.0014 or s. 921.0024;

  9         2.  Are serving a sentence for an offense committed on

10  or after October 1, 1995, for a violation of the Law

11  Enforcement Protection Act under s. 775.0823(2), (3), (4),

12  (5), (6), (7), or (8), and the subtotal of the offender's

13  sentence points is multiplied pursuant to former s. 921.0014

14  or s. 921.0024;

15         (l)  Are serving a sentence for an offense committed on

16  or after January 1, 1994, for possession of a firearm,

17  semiautomatic firearm, or machine gun in which additional

18  points are added to the subtotal of the offender's sentence

19  points pursuant to former s. 921.0014 or s. 921.0024; or

20         (m)  Are convicted, or have been previously convicted,

21  of committing or attempting to commit manslaughter,

22  kidnapping, robbery, carjacking, home-invasion robbery, or a

23  burglary under s. 810.02(2).

24

25  In making control release eligibility determinations under

26  this subsection, the authority may rely on any document

27  leading to or generated during the course of the criminal

28  proceedings, including, but not limited to, any presentence or

29  postsentence investigation or any information contained in

30  arrest reports relating to circumstances of the offense.

31

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

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

  3  Statutes, 1998 Supplement, are amended, and subsection (6) of

  4  that section is reenacted, to read:

  5         948.03  Terms and conditions of probation or community

  6  control.--

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

  8  to determine the need of a probationer or offender in

  9  community control for treatment.  If the court determines that

10  a need therefor is established by such diagnosis and

11  evaluation process, the court shall require outpatient

12  counseling as a term or condition of probation or community

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

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

15  of the following was accepted by the court:

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

17  molestation, lewd or lascivious conduct, or lewd or lascivious

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

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

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

21  a child.

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

23  or for prostitution.

24

25  Such counseling shall be required to be obtained from a

26  community mental health center, a recognized social service

27  agency providing mental health services, or a private mental

28  health professional or through other professional counseling.

29  The plan for counseling for the individual shall be provided

30  to the court for review.

31

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  1         (5)  Conditions imposed pursuant to this subsection, as

  2  specified in paragraphs (a) and (b), do not require oral

  3  pronouncement at the time of sentencing and shall be

  4  considered standard conditions of probation or community

  5  control for offenders specified in this subsection.

  6         (a)  Effective for probationers or community

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

  8  1995, and who are placed under supervision for violation of

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

10  court must impose the following conditions in addition to all

11  other standard and special conditions imposed:

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

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

14  employment precludes the above specified time, and such

15  alternative is recommended by the Department of Corrections.

16  If the court determines that imposing a curfew would endanger

17  the victim, the court may consider alternative sanctions.

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

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

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

21  regularly congregate, as prescribed by the court.

22         3.  Active participation in and successful completion

23  of a sex offender treatment program with therapists

24  specifically trained to treat sex offenders, at the

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

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

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

28  residence, the offender shall participate in other appropriate

29  therapy.

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

31  directly or indirectly, including through a third person,

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

  2  the sentencing court.

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

  4  prohibition, until successful completion of a sex offender

  5  treatment program, on unsupervised contact with a child under

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

  7  without another adult present who is responsible for the

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

  9  approved by the sentencing court.

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

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

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

13  regularly congregate.

14         7.  Unless otherwise indicated in the treatment plan

15  provided by the sexual offender treatment program, a

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

17  pornographic, or sexually stimulating visual or auditory

18  material, including telephone, electronic media, computer

19  programs, or computer services that are relevant to the

20  offender's deviant behavior pattern.

21         8.  A requirement that the probationer or community

22  controllee must submit two specimens of blood to the Florida

23  Department of Law Enforcement to be registered with the DNA

24  data bank.

25         9.  A requirement that the probationer or community

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

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

28  professional services relating to physical, psychiatric, and

29  psychological care.

30

31

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  1         10.  Submission to a warrantless search by the

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

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

  4         (b)  Effective for a probationer or community

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

  6  1997, and who is placed on sex offender probation for a

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

  8  847.0145, in addition to any other provision of this

  9  subsection, the court must impose the following conditions of

10  probation or community control:

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

12  least annually in polygraph examinations to obtain information

13  necessary for risk management and treatment and to reduce the

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

15  be conducted by a polygrapher trained specifically in the use

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

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

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

19  court to prove that a violation of community supervision has

20  occurred.

21         2.  Maintenance of a driving log and a prohibition

22  against driving a motor vehicle alone without the prior

23  approval of the supervising officer.

24         3.  A prohibition against obtaining or using a post

25  office box without the prior approval of the supervising

26  officer.

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

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

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

30  victim's parent or guardian.

31

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  1         5.  Electronic monitoring when deemed necessary by the

  2  community control or probation officer and his or her

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

  4  the Department of Corrections.

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

  6  conditions shall not prevent the court from adding thereto

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

  8  sentencing court may only impose a condition of supervision

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

10  827.071, or s. 847.0145, to reside in another state, if the

11  order stipulates that it is contingent upon the approval of

12  the receiving state interstate compact authority. The court

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

14  theretofore imposed by it upon the probationer or offender in

15  community control.  However, if the court withholds

16  adjudication of guilt or imposes a period of incarceration as

17  a condition of probation or community control, the period

18  shall not exceed 364 days, and incarceration shall be

19  restricted to either a county facility, a probation and

20  restitution center under the jurisdiction of the Department of

21  Corrections, a probation program drug punishment phase I

22  secure residential treatment institution, or a community

23  residential facility owned or operated by any entity providing

24  such services.

25         Section 14.  Paragraph (a) of subsection (7) and

26  paragraph (a) of subsection (48) of section 985.03, Florida

27  Statutes, 1998 Supplement, are amended to read:

28         985.03  Definitions.--When used in this chapter, the

29  term:

30         (7)  "Child eligible for an intensive residential

31  treatment program for offenders less than 13 years of age"

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  1  means a child who has been found to have committed a

  2  delinquent act or a violation of law in the case currently

  3  before the court and who meets at least one of the following

  4  criteria:

  5         (a)  The child is less than 13 years of age at the time

  6  of the disposition for the current offense and has been

  7  adjudicated on the current offense for:

  8         1.  Arson;

  9         2.  Sexual battery;

10         3.  Robbery;

11         4.  Kidnapping;

12         5.  Aggravated child abuse;

13         6.  Aggravated assault;

14         7.  Aggravated stalking;

15         8.  Murder;

16         9.  Manslaughter;

17         10.  Unlawful throwing, placing, or discharging of a

18  destructive device or bomb;

19         11.  Armed burglary;

20         12.  Aggravated battery;

21         13.  Any lewd or lascivious offense committed upon or

22  assault or act in the presence of a person less than 16 years

23  of age child; or

24         14.  Carrying, displaying, using, threatening, or

25  attempting to use a weapon or firearm during the commission of

26  a felony.

27         (48)  "Serious or habitual juvenile offender," for

28  purposes of commitment to a residential facility and for

29  purposes of records retention, means a child who has been

30  found to have committed a delinquent act or a violation of

31

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  1  law, in the case currently before the court, and who meets at

  2  least one of the following criteria:

  3         (a)  The youth is at least 13 years of age at the time

  4  of the disposition for the current offense and has been

  5  adjudicated on the current offense for:

  6         1.  Arson;

  7         2.  Sexual battery;

  8         3.  Robbery;

  9         4.  Kidnapping;

10         5.  Aggravated child abuse;

11         6.  Aggravated assault;

12         7.  Aggravated stalking;

13         8.  Murder;

14         9.  Manslaughter;

15         10.  Unlawful throwing, placing, or discharging of a

16  destructive device or bomb;

17         11.  Armed burglary;

18         12.  Aggravated battery;

19         13.  Any lewd or lascivious offense committed upon or

20  assault or act in the presence of a person less than 16 years

21  of age child; or

22         14.  Carrying, displaying, using, threatening, or

23  attempting to use a weapon or firearm during the commission of

24  a felony.

25         Section 15.  Paragraph (a) of subsection (1) of section

26  985.227, Florida Statutes, is amended to read:

27         985.227  Prosecution of juveniles as adults by the

28  direct filing of an information in the criminal division of

29  the circuit court; discretionary criteria; mandatory

30  criteria.--

31         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

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  1         (a)  With respect to any child who was 14 or 15 years

  2  of age at the time the alleged offense was committed, the

  3  state attorney may file an information when in the state

  4  attorney's judgment and discretion the public interest

  5  requires that adult sanctions be considered or imposed and

  6  when the offense charged is:

  7         1.  Arson;

  8         2.  Sexual battery;

  9         3.  Robbery;

10         4.  Kidnapping;

11         5.  Aggravated child abuse;

12         6.  Aggravated assault;

13         7.  Aggravated stalking;

14         8.  Murder;

15         9.  Manslaughter;

16         10.  Unlawful throwing, placing, or discharging of a

17  destructive device or bomb;

18         11.  Armed burglary in violation of s. 810.02(2)(b) or

19  specified burglary of a dwelling or structure in violation of

20  s. 810.02(2)(c);

21         12.  Aggravated battery;

22         13.  Any lewd or lascivious offense committed upon or

23  assault or act in the presence of a person less than 16 years

24  of age child;

25         14.  Carrying, displaying, using, threatening, or

26  attempting to use a weapon or firearm during the commission of

27  a felony; or

28         15.  Grand theft in violation of s. 812.014(2)(a).

29         Section 16.  Subsection (1) of section 985.313, Florida

30  Statutes, is amended to read:

31

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  1         985.313  Maximum-risk residential program.--A

  2  maximum-risk residential program is a physically secure

  3  residential commitment program with a designated length of

  4  stay from 18 months to 36 months, primarily serving children

  5  13 years of age to 19 years of age, or until the jurisdiction

  6  of the court expires. The court may retain jurisdiction over

  7  the child until the child reaches the age of 21, specifically

  8  for the purpose of the child completing the program. Each

  9  child committed to this level must meet one of the following

10  criteria:

11         (1)  The youth is at least 13 years of age at the time

12  of the disposition for the current offense and has been

13  adjudicated on the current offense for:

14         (a)  Arson;

15         (b)  Sexual battery;

16         (c)  Robbery;

17         (d)  Kidnapping;

18         (e)  Aggravated child abuse;

19         (f)  Aggravated assault;

20         (g)  Aggravated stalking;

21         (h)  Murder;

22         (i)  Manslaughter;

23         (j)  Unlawful throwing, placing, or discharging of a

24  destructive device or bomb;

25         (k)  Armed burglary;

26         (l)  Aggravated battery;

27         (m)  Any lewd or lascivious offense committed upon or

28  assault or act in the presence of a person less than 16 years

29  of age child; or

30

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  1         (n)  Carrying, displaying, using, threatening to use,

  2  or attempting to use a weapon or firearm during the commission

  3  of a felony.

  4         Section 17.  This act shall take effect October 1,

  5  1999.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 170

  9

10  -    Deletes changes to s. 826.04, F.S., which is the incest
         statute.
11
    -    Expressly provides that the chastity of the victim or the
12       victim's consent to the act is not a defense to
         prosecution in violation of s. 800.04, F.S.
13
    -    Incorporates additional cross-references to s. 800.04,
14       F.S., to make conforming changes.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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