House Bill 0023c1
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Florida House of Representatives - 1999 CS/HB 23
By the Committee on Crime & Punishment and Representatives
Ball and Fasano
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 and 787.02,
8 F.S., relating to kidnapping and false
9 imprisonment, to conform to the act; amending
10 s. 800.04, F.S.; creating the offenses of "lewd
11 or 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"; amending s. 826.04, F.S., relating
23 to incest; removing definition of "sexual
24 intercourse" and defining "sexual activity";
25 redefining the offense of third degree felony
26 incest to include knowingly marrying or
27 engaging in sexual activity with any of the
28 specified relatives who is at least 18 years
29 old; providing penalties; defining the offense
30 of second degree felony incest against a person
31 under 16 years of age; providing penalties;
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1 reenacting ss. 775.15(7), 787.025(2)(a),
2 914.16, and 944.606(1)(b), F.S., relating to
3 time limitations, luring or enticing a child,
4 limits on interviews, and sex offender
5 notification upon release, to incorporate the
6 amendments to ss. 800.04 and 826.04, F.S., in
7 cross references; amending s. 921.0022, F.S.;
8 ranking offenses created in the act in the
9 Criminal Punishment Code offense severity
10 ranking chart; amending s. 948.03, F.S., and
11 reenacting s. 948.03(6), F.S., relating to
12 terms and conditions of probation or community
13 control, to conform to the act; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. This act shall be known and may be cited as
19 the "Children's Protection Act of 1999."
20 Section 2. Paragraph (c) of subsection (1) of section
21 775.084, Florida Statutes, 1998 Supplement, is amended, and
22 subsection (6) of said section is reenacted, to read:
23 775.084 Violent career criminals; habitual felony
24 offenders and habitual violent felony offenders; definitions;
25 procedure; enhanced penalties.--
26 (1) As used in this act:
27 (c) "Violent career criminal" means a defendant for
28 whom the court must impose imprisonment pursuant to paragraph
29 (4)(c), if it finds that:
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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.
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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,
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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 800.04, Florida Statutes, is
26 amended to read:
27 800.04 Lewd or lascivious offenses committed upon or
28 in the presence of persons less than 16 years of age Lewd,
29 lascivious, or indecent assault or act upon or in presence of
30 child.--
31 (1) DEFINITIONS.--As used in this section:
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1 (a) "Sexual activity" means the oral, anal, or vaginal
2 penetration by, or union with, the sexual organ of another or
3 the anal or vaginal penetration of another by any other
4 object; however, sexual activity does not include an act done
5 for a bona fide medical purpose.
6 (b) "Consent" means intelligent, knowing, and
7 voluntary consent, and does not include submission by
8 coercion.
9 (c) "Coercion" means the use of exploitation, bribes,
10 threats of force, or intimidation to gain cooperation or
11 compliance.
12 (d) "Victim" means a person upon whom an offense
13 described in this section was committed or attempted or a
14 person who has reported a violation of this section to a law
15 enforcement officer.
16 (2) CONSENT OF VICTIM.--If the victim is under 16
17 years of age, the consent of the victim cannot be raised as a
18 defense to a prosecution for any offense under this section.
19 (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The
20 perpetrator's ignorance of the victim's age, the victim's
21 misrepresentation of his or her age, or the perpetrator's bona
22 fide belief of the victim's age cannot be raised as a defense
23 in a prosecution under this section.
24 (4) LEWD OR LASCIVIOUS BATTERY.--A person who:
25 (a) Engages in sexual activity with a person 12 years
26 of age or older but less than 16 years of age; or
27 (b) Encourages, forces, or entices any person less
28 than 16 years of age to engage in sadomasochistic abuse,
29 sexual bestiality, prostitution, or any other act involving
30 sexual activity
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1 commits lewd or lascivious battery, a felony of the second
2 degree, punishable as provided in s. 775.082, s. 775.083, or
3 s. 775.084.
4 (5) LEWD OR LASCIVIOUS MOLESTATION.--
5 (a) A person who intentionally touches in a lewd or
6 lascivious manner the breasts, genitals, genital area, or
7 buttocks, or the clothing covering them, of a person less than
8 16 years of age, or forces or entices a person under 16 years
9 of age to so touch the perpetrator, commits lewd or lascivious
10 molestation.
11 (b) An offender 18 years of age or older who commits
12 lewd or lascivious molestation against a victim less than 12
13 years of age commits a felony of the first degree, punishable
14 as provided in s. 775.082, s. 775.083, or s. 775.084.
15 (c)1. An offender less than 18 years of age who
16 commits lewd or lascivious molestation against a victim less
17 than 12 years of age; or
18 2. An offender 18 years of age or older who commits
19 lewd or lascivious molestation against a victim 12 years of
20 age or older but less than 16 years of age
21
22 commits a felony of the second degree, punishable as provided
23 in s. 775.082, s. 775.083, or s. 775.084.
24 (d) An offender less than 18 years of age who commits
25 lewd or lascivious molestation against a victim 12 years of
26 age or older but less than 16 years of age commits a felony of
27 the third degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084.
29 (6) LEWD OR LASCIVIOUS CONDUCT.--
30 (a) A person who:
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1 1. Intentionally touches a person under 16 years of
2 age in a lewd or lascivious manner; or
3 2. Solicits a person under 16 years of age to commit a
4 lewd or lascivious act
5
6 commits lewd or lascivious conduct.
7 (b) An offender 18 years of age or older who commits
8 lewd or lascivious conduct commits a felony of the second
9 degree, punishable as provided in s. 775.082, s. 775.083, or
10 s. 775.084.
11 (c) An offender less than 18 years of age who commits
12 lewd or lascivious conduct commits a felony of the third
13 degree, punishable as provided in s. 775.082, s. 775.083, or
14 s. 775.084.
15 (7) LEWD OR LASCIVIOUS EXHIBITION.--
16 (a) A person who:
17 1. Intentionally masturbates;
18 2. Intentionally exposes the genitals in a lewd or
19 lascivious manner; or
20 3. Intentionally commits any other sexual act that
21 does not involve actual physical or sexual contact with the
22 victim, including, but not limited to, sadomasochistic abuse,
23 sexual bestiality, or the simulation of any act involving
24 sexual activity
25
26 in the presence of a victim who is less than 16 years of age,
27 commits lewd or lascivious exhibition.
28 (b) An offender 18 years of age or older who commits a
29 lewd or lascivious exhibition commits a felony of the second
30 degree, punishable as provided in s. 775.082, s. 775.083, or
31 s. 775.084.
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1 (c) An offender less than 18 years of age who commits
2 a lewd or lascivious exhibition commits a felony of the third
3 degree, punishable as provided in s. 775.082, s. 775.083, or
4 s. 775.084.
5 (8) EXCEPTION.--A mother's breastfeeding of her baby
6 does not under any circumstance constitute a violation of this
7 section. A person who:
8 (1) Handles, fondles, or assaults any child under the
9 age of 16 years in a lewd, lascivious, or indecent manner;
10 (2) Commits actual or simulated sexual intercourse,
11 deviate sexual intercourse, sexual bestiality, masturbation,
12 sadomasochistic abuse, actual lewd exhibition of the genitals,
13 or any act or conduct which simulates that sexual battery is
14 being or will be committed upon any child under the age of 16
15 years or forces or entices the child to commit any such act;
16 (3) Commits an act defined as sexual battery under s.
17 794.011(1)(h) upon any child under the age of 16 years; or
18 (4) Knowingly commits any lewd or lascivious act in
19 the presence of any child under the age of 16 years,
20
21 without committing the crime of sexual battery, commits a
22 felony of the second degree, punishable as provided in s.
23 775.082, s. 775.083, or s. 775.084. Neither the victim's lack
24 of chastity nor the victim's consent is a defense to the crime
25 proscribed by this section. A mother's breastfeeding of her
26 baby does not under any circumstance violate this section.
27 Section 6. Section 826.04, Florida Statutes, is
28 amended to read:
29 826.04 Incest.--
30 (1) A person who Whoever knowingly marries or engages
31 in sexual activity has sexual intercourse with a person 18
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1 years of age or older to whom he or she is related by lineal
2 consanguinity, or a brother, sister, uncle, aunt, nephew, or
3 niece, commits incest, which constitutes a felony of the third
4 degree, punishable as provided in s. 775.082, s. 775.083, or
5 s. 775.084. "Sexual intercourse" is the penetration of the
6 female sex organ by the male sex organ, however slight;
7 emission of semen is not required.
8 (2) A person who knowingly marries or engages in
9 sexual activity with a person less than 18 years of age to
10 whom he or she is related by lineal consanguinity, or a
11 brother, sister, uncle, aunt, nephew, or niece, commits
12 incest, a felony of the second degree, punishable as provided
13 in s. 775.082, s. 775.083, or s. 775.084.
14 (3) For purposes of this section, "sexual activity"
15 means the oral, anal, or vaginal penetration by, or union
16 with, the sexual organ of another; however, sexual activity
17 does not include an act done for a bona fide medical purpose.
18 Section 7. For the purpose of incorporating the
19 amendments to sections 800.04 and 826.04, Florida Statutes, in
20 references thereto, the sections or subdivisions of Florida
21 Statutes, or Florida Statutes, 1998 Supplement, set forth
22 below are reenacted to read:
23 775.15 Time limitations.--
24 (7) If the victim of a violation of s. 794.011, former
25 s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is
26 under the age of 16, the applicable period of limitation, if
27 any, does not begin to run until the victim has reached the
28 age of 16 or the violation is reported to a law enforcement
29 agency or other governmental agency, whichever occurs earlier.
30 Such law enforcement agency or other governmental agency shall
31 promptly report such allegation to the state attorney for the
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1 judicial circuit in which the alleged violation occurred. If
2 the offense is a first or second degree felony violation of s.
3 794.011, and the crime is reported within 72 hours after its
4 commission, paragraph (1)(b) applies. This subsection applies
5 to any such offense except an offense the prosecution of which
6 would have been barred by subsection (2) on or before December
7 31, 1984.
8 787.025 Luring or enticing a child.--
9 (2)(a) A person over the age of 18 who, having been
10 previously convicted of a violation of chapter 794 or s.
11 800.04, or a violation of a similar law of another
12 jurisdiction, intentionally lures or entices, or attempts to
13 lure or entice, a child under the age of 12 into a structure,
14 dwelling, or conveyance for other than a lawful purpose
15 commits a felony of the third degree, punishable as provided
16 in s. 775.082, s. 775.083, or s. 775.084.
17 914.16 Child abuse and sexual abuse of victims under
18 age 16 or persons with mental retardation; limits on
19 interviews.--The chief judge of each judicial circuit, after
20 consultation with the state attorney and the public defender
21 for the judicial circuit, the appropriate chief law
22 enforcement officer, and any other person deemed appropriate
23 by the chief judge, shall provide by order reasonable limits
24 on the number of interviews that a victim of a violation of s.
25 794.011, s. 800.04, or s. 827.03 who is under 16 years of age
26 or a victim of a violation of s. 794.011, s. 800.02, s.
27 800.03, or s. 825.102 who is a person with mental retardation
28 as defined in s. 393.063(41) must submit to for law
29 enforcement or discovery purposes. The order shall, to the
30 extent possible, protect the victim from the psychological
31 damage of repeated interrogations while preserving the rights
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1 of the public, the victim, and the person charged with the
2 violation.
3 944.606 Sexual offenders; notification upon release.--
4 (1) As used in this section:
5 (b) "Sexual offender" means a person who has been
6 convicted of committing, or attempting, soliciting, or
7 conspiring to commit, any of the criminal offenses proscribed
8 in the following statutes in this state or similar offenses in
9 another jurisdiction: s. 787.01 or s. 782.02, where the
10 victim is a minor and the defendant is not the victim's
11 parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.
12 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;
13 or any similar offense committed in this state which has been
14 redesignated from a former statute number to one of those
15 listed in this subsection, when the department has received
16 verified information regarding such conviction; an offender's
17 computerized criminal history record is not, in and of itself,
18 verified information.
19 Section 8. Paragraphs (b), (d), (e), (f), (g), (h),
20 (i), and (j) of subsection (3) of section 921.0022, Florida
21 Statutes, 1998 Supplement, are amended to read:
22 921.0022 Criminal Punishment Code; offense severity
23 ranking chart.--
24 (3) OFFENSE SEVERITY RANKING CHART
25
26 Florida Felony
27 Statute Degree Description
28
29 (b) LEVEL 2
30
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1 403.413(5)(c) 3rd Dumps waste litter exceeding 500
2 lbs. in weight or 100 cubic feet
3 in volume or any quantity for
4 commercial purposes, or hazardous
5 waste.
6 517.07 3rd Registration of securities and
7 furnishing of prospectus
8 required.
9 590.28(1) 3rd Willful, malicious, or
10 intentional burning.
11 784.05(3) 3rd Storing or leaving a loaded
12 firearm within reach of minor who
13 uses it to inflict injury or
14 death.
15 787.04(1) 3rd In violation of court order,
16 take, entice, etc., minor beyond
17 state limits.
18 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
19 or more to public communication
20 or any other public service.
21 810.09(2)(e) 3rd Trespassing on posted commerical
22 horticulture property.
23 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
24 more but less than $5,000.
25 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
26 more but less than $300, taken
27 from unenclosed curtilage of
28 dwelling.
29 817.234(1)(a)2. 3rd False statement in support of
30 insurance claim.
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1 817.481(3)(a) 3rd Obtain credit or purchase with
2 false, expired, counterfeit,
3 etc., credit card, value over
4 $300.
5 817.52(3) 3rd Failure to redeliver hired
6 vehicle.
7 817.54 3rd With intent to defraud, obtain
8 mortgage note, etc., by false
9 representation.
10 817.60(5) 3rd Dealing in credit cards of
11 another.
12 817.60(6)(a) 3rd Forgery; purchase goods, services
13 with false card.
14 817.61 3rd Fraudulent use of credit cards
15 over $100 or more within 6
16 months.
17 826.04(1) 3rd Knowingly marries or engages in
18 sexual activity has sexual
19 intercourse with person 18 years
20 of age or older to whom related.
21 831.01 3rd Forgery.
22 831.02 3rd Uttering forged instrument;
23 utters or publishes alteration
24 with intent to defraud.
25 831.07 3rd Forging bank bills or promissory
26 note.
27 831.08 3rd Possession of 10 or more forged
28 notes.
29 831.09 3rd Uttering forged bills; passes as
30 bank bill or promissory note.
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1 832.05(3)(a) 3rd Cashing or depositing item with
2 intent to defraud.
3 843.08 3rd Falsely impersonating an officer.
4 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
5 (2)(c), (3), or (4) drugs other
6 than cannabis.
7 893.147(2) 3rd Manufacture or delivery of drug
8 paraphernalia.
9 (d) LEVEL 4
10 316.1935(3) 2nd Driving at high speed or with
11 wanton disregard for safety while
12 fleeing or attempting to elude
13 law enforcement officer who is in
14 a marked patrol vehicle with
15 siren and lights activated.
16 784.07(2)(b) 3rd Battery of law enforcement
17 officer, firefighter, intake
18 officer, etc.
19 784.075 3rd Battery on detention or
20 commitment facility staff.
21 784.08(2)(c) 3rd Battery on a person 65 years of
22 age or older.
23 784.081(3) 3rd Battery on specified official or
24 employee.
25 784.082(3) 3rd Battery by detained person on
26 visitor or other detainee.
27 784.083(3) 3rd Battery on code inspector.
28 787.03(1) 3rd Interference with custody;
29 wrongly takes child from
30 appointed guardian.
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 800.04(7)(c) 3rd Lewd or lascivious exhibition;
18 offender less than 18 years.
19 810.02(4)(a) 3rd Burglary, or attempted burglary,
20 of an unoccupied structure;
21 unarmed; no assault or battery.
22 810.02(4)(b) 3rd Burglary, or attempted burglary,
23 of an unoccupied conveyance;
24 unarmed; no assault or battery.
25 810.06 3rd Burglary; possession of tools.
26 810.08(2)(c) 3rd Trespass on property, armed with
27 firearm or dangerous weapon.
28 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
29 or more but less than $20,000.
30
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1 812.014
2 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
3 firearm, motor vehicle,
4 livestock, etc.
5 817.563(1) 3rd Sell or deliver substance other
6 than controlled substance agreed
7 upon, excluding s. 893.03(5)
8 drugs.
9 828.125(1) 2nd Kill, maim, or cause great bodily
10 harm or permanent breeding
11 disability to any registered
12 horse or cattle.
13 837.02(1) 3rd Perjury in official proceedings.
14 837.021(1) 3rd Make contradictory statements in
15 official proceedings.
16 843.025 3rd Deprive law enforcement,
17 correctional, or correctional
18 probation officer of means of
19 protection or communication.
20 843.15(1)(a) 3rd Failure to appear while on bail
21 for felony (bond estreature or
22 bond jumping).
23 874.05(1) 3rd Encouraging or recruiting another
24 to join a criminal street gang.
25 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
26 893.03(1)(a), (b), or (d), or
27 (2)(a) or (b) drugs).
28 914.14(2) 3rd Witnesses accepting bribes.
29 914.22(1) 3rd Force, threaten, etc., witness,
30 victim, or informant.
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1 914.23(2) 3rd Retaliation against a witness,
2 victim, or informant, no bodily
3 injury.
4 918.12 3rd Tampering with jurors.
5 (e) LEVEL 5
6 316.027(1)(a) 3rd Accidents involving personal
7 injuries, failure to stop;
8 leaving scene.
9 316.1935(4) 2nd Aggravated fleeing or eluding.
10 322.34(3) 3rd Careless operation of motor
11 vehicle with suspended license,
12 resulting in death or serious
13 bodily injury.
14 327.30(5) 3rd Vessel accidents involving
15 personal injury; leaving scene.
16 381.0041(11)(b) 3rd Donate blood, plasma, or organs
17 knowing HIV positive.
18 790.01(2) 3rd Carrying a concealed firearm.
19 790.162 2nd Threat to throw or discharge
20 destructive device.
21 790.163 2nd False report of deadly explosive.
22 790.165(2) 3rd Manufacture, sell, possess, or
23 deliver hoax bomb.
24 790.221(1) 2nd Possession of short-barreled
25 shotgun or machine gun.
26 790.23 2nd Felons in possession of firearms
27 or electronic weapons or devices.
28 800.04(6)(c) 3rd Lewd or lascivious conduct;
29 offender less than 18 years.
30 800.04(7)(b) 2nd Lewd or lascivious exhibition;
31 offender 18 years or older.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 23
189-852-99
1 806.111(1) 3rd Possess, manufacture, or dispense
2 fire bomb with intent to damage
3 any structure or property.
4 812.019(1) 2nd Stolen property; dealing in or
5 trafficking in.
6 812.16(2) 3rd Owning, operating, or conducting
7 a chop shop.
8 817.034(4)(a)2. 2nd Communications fraud, value
9 $20,000 to $50,000.
10 825.1025(4) 3rd Lewd or lascivious exhibition in
11 the presence of an elderly person
12 or disabled adult.
13 827.071(4) 2nd Possess with intent to promote
14 any photographic material, motion
15 picture, etc., which includes
16 sexual conduct by a child.
17 843.01 3rd Resist officer with violence to
18 person; resist arrest with
19 violence.
20 874.05(2) 2nd Encouraging or recruiting another
21 to join a criminal street gang;
22 second or subsequent offense.
23 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
24 cocaine (or other s.
25 893.03(1)(a), (1)(b), (1)(d),
26 (2)(a), or (2)(b) drugs).
27 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
28 cannabis (or other s.
29 893.03(1)(c), (2)(c), (3), or (4)
30 drugs) within 1,000 feet of a
31 child care facility or school.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
20
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
21
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
23
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
24
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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.
25
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
26
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
27
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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
28
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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.
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 23
189-852-99
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.
18 800.02(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
30
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
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.
6 826.04(2) 2nd Knowingly marries or engages in
7 sexual activity with person less
8 than 18 years of age to whom
9 related.
10 827.03(2) 2nd Aggravated child abuse.
11 837.02(2) 2nd Perjury in official proceedings
12 relating to prosecution of a
13 capital felony.
14 837.021(2) 2nd Making contradictory statements
15 in official proceedings relating
16 to prosecution of a capital
17 felony.
18 860.121(2)(c) 1st Shooting at or throwing any
19 object in path of railroad
20 vehicle resulting in great bodily
21 harm.
22 860.16 1st Aircraft piracy.
23 893.13(1)(b) 1st Sell or deliver in excess of 10
24 grams of any substance specified
25 in s. 893.03(1)(a) or (b).
26 893.13(2)(b) 1st Purchase in excess of 10 grams of
27 any substance specified in s.
28 893.03(1)(a) or (b).
29 893.13(6)(c) 1st Possess in excess of 10 grams of
30 any substance specified in s.
31 893.03(1)(a) or (b).
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 23
189-852-99
1 893.135(1)(a)2. 1st Trafficking in cannabis, more
2 than 2,000 lbs., less than 10,000
3 lbs.
4 893.135
5 (1)(b)1.b. 1st Trafficking in cocaine, more than
6 200 grams, less than 400 grams.
7 893.135
8 (1)(c)1.b. 1st Trafficking in illegal drugs,
9 more than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(d)1.b. 1st Trafficking in phencyclidine,
13 more than 200 grams, less than
14 400 grams.
15 893.135
16 (1)(e)1.b. 1st Trafficking in methaqualone, more
17 than 5 kilograms, less than 25
18 kilograms.
19 893.135
20 (1)(f)1.b. 1st Trafficking in amphetamine, more
21 than 28 grams, less than 200
22 grams.
23 893.135
24 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
25 grams or more, less than 28
26 grams.
27 895.03(1) 1st Use or invest proceeds derived
28 from pattern of racketeering
29 activity.
30
31
32
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
1 895.03(2) 1st Acquire or maintain through
2 racketeering activity any
3 interest in or control of any
4 enterprise or real property.
5 895.03(3) 1st Conduct or participate in any
6 enterprise through pattern of
7 racketeering activity.
8 (i) LEVEL 9
9 316.193
10 (3)(c)3.b. 1st DUI manslaughter; failing to
11 render aid or give information.
12 782.04(1) 1st Attempt, conspire, or solicit to
13 commit premeditated murder.
14 782.04(3) 1st,PBL Accomplice to murder in
15 connection with arson, sexual
16 battery, robbery, burglary, and
17 other specified felonies.
18 782.051(1) 1st Attempted felony murder while
19 perpetrating or attempting to
20 perpetrate a felony enumerated in
21 s. 782.04(3).
22 782.07(2) 1st Aggravated manslaughter of an
23 elderly person or disabled adult.
24 782.07(3) 1st Aggravated manslaughter of a
25 child.
26 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
27 reward or as a shield or hostage.
28 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
29 or facilitate commission of any
30 felony.
31
33
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 child abuse, sexual battery, or
8 lewd, or lascivious battery,
9 molestation, conduct, or
10 exhibition act, etc.
11 790.161 1st Attempted capital destructive
12 device offense.
13 794.011(2) 1st Attempted sexual battery; victim
14 less than 12 years of age.
15 794.011(2) Life Sexual battery; offender younger
16 than 18 years and commits sexual
17 battery on a person less than 12
18 years.
19 794.011(4) 1st Sexual battery; victim 12 years
20 or older, certain circumstances.
21 794.011(8)(b) 1st Sexual battery; engage in sexual
22 conduct with minor 12 to 18 years
23 by person in familial or
24 custodial authority.
25 800.04(5)(b) 1st Lewd or lascivious molestation;
26 victim less than 12 years;
27 offender 18 years or older.
28 812.13(2)(a) 1st,PBL Robbery with firearm or other
29 deadly weapon.
30 812.133(2)(a) 1st,PBL Carjacking; firearm or other
31 deadly weapon.
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 CS/HB 23
189-852-99
1 847.0145(1) 1st Selling, or otherwise
2 transferring custody or control,
3 of a minor.
4 847.0145(2) 1st Purchasing, or otherwise
5 obtaining custody or control, of
6 a minor.
7 859.01 1st Poisoning food, drink, medicine,
8 or water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135
15 (1)(b)1.c. 1st Trafficking in cocaine, more than
16 400 grams, less than 150
17 kilograms.
18 893.135
19 (1)(c)1.c. 1st Trafficking in illegal drugs,
20 more than 28 grams, less than 30
21 kilograms.
22 893.135
23 (1)(d)1.c. 1st Trafficking in phencyclidine,
24 more than 400 grams.
25 893.135
26 (1)(e)1.c. 1st Trafficking in methaqualone, more
27 than 25 kilograms.
28 893.135
29 (1)(f)1.c. 1st Trafficking in amphetamine, more
30 than 200 grams.
31 (j) LEVEL 10
35
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
1 782.04(2) 1st,PBL Unlawful killing of human; act is
2 homicide, unpremeditated.
3 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
4 upon or terrorize victim.
5 787.01(3)(a) Life Kidnapping; child under age 13,
6 perpetrator also commits child
7 abuse, sexual battery, or lewd,
8 or lascivious battery,
9 molestation, conduct, or
10 exhibition act, etc.
11 794.011(3) Life Sexual battery; victim 12 years
12 or older, offender uses or
13 threatens to use deadly weapon or
14 physical force to cause serious
15 injury.
16 876.32 1st Treason against the state.
17 Section 9. Paragraph (a) of subsection (4) and
18 paragraph (a) of subsection (5) of section 948.03, Florida
19 Statutes, 1998 Supplement, are amended, and subsection (6) of
20 said section is reenacted, to read:
21 948.03 Terms and conditions of probation or community
22 control.--
23 (4) The court shall require a diagnosis and evaluation
24 to determine the need of a probationer or offender in
25 community control for treatment. If the court determines that
26 a need therefor is established by such diagnosis and
27 evaluation process, the court shall require outpatient
28 counseling as a term or condition of probation or community
29 control for any person who was found guilty of any of the
30 following, or whose plea of guilty or nolo contendere to any
31 of the following was accepted by the court:
36
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Florida House of Representatives - 1999 CS/HB 23
189-852-99
1 (a) Lewd or lascivious battery, lewd or lascivious
2 molestation, lewd or lascivious conduct, or lewd or lascivious
3 exhibition, as defined in s. 800.04 A lewd, lascivious, or
4 indecent assault or act upon, or in the presence of, a child.
5 (b) Sexual battery, as defined in chapter 794, against
6 a child.
7 (c) Exploitation of a child as provided in s. 450.151,
8 or for prostitution.
9
10 Such counseling shall be required to be obtained from a
11 community mental health center, a recognized social service
12 agency providing mental health services, or a private mental
13 health professional or through other professional counseling.
14 The plan for counseling for the individual shall be provided
15 to the court for review.
16 (5) Conditions imposed pursuant to this subsection, as
17 specified in paragraphs (a) and (b), do not require oral
18 pronouncement at the time of sentencing and shall be
19 considered standard conditions of probation or community
20 control for offenders specified in this subsection.
21 (a) Effective for probationers or community
22 controllees whose crime was committed on or after October 1,
23 1995, and who are placed under supervision for violation of
24 chapter 794, or s. 800.04, s. 827.071, or s. 847.0145, the
25 court must impose the following conditions in addition to all
26 other standard and special conditions imposed:
27 1. A mandatory curfew from 10 p.m. to 6 a.m. The court
28 may designate another 8-hour period if the offender's
29 employment precludes the above specified time, and such
30 alternative is recommended by the Department of Corrections.
31
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1 If the court determines that imposing a curfew would endanger
2 the victim, the court may consider alternative sanctions.
3 2. If the victim was under the age of 18, a
4 prohibition on living within 1,000 feet of a school, day care
5 center, park, playground, or other place where children
6 regularly congregate, as prescribed by the court.
7 3. Active participation in and successful completion
8 of a sex offender treatment program with therapists
9 specifically trained to treat sex offenders, at the
10 probationer's or community controllee's own expense. If a
11 specially trained therapist is not available within a 50-mile
12 radius of the probationer's or community controllee's
13 residence, the offender shall participate in other appropriate
14 therapy.
15 4. A prohibition on any contact with the victim,
16 directly or indirectly, including through a third person,
17 unless approved by the victim, the offender's therapist, and
18 the sentencing court.
19 5. If the victim was under the age of 18, a
20 prohibition, until successful completion of a sex offender
21 treatment program, on unsupervised contact with a child under
22 the age of 18, unless authorized by the sentencing court
23 without another adult present who is responsible for the
24 child's welfare, has been advised of the crime, and is
25 approved by the sentencing court.
26 6. If the victim was under age 18, a prohibition on
27 working for pay or as a volunteer at any school, day care
28 center, park, playground, or other place where children
29 regularly congregate.
30 7. Unless otherwise indicated in the treatment plan
31 provided by the sexual offender treatment program, a
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1 prohibition on viewing, owning, or possessing any obscene,
2 pornographic, or sexually stimulating visual or auditory
3 material, including telephone, electronic media, computer
4 programs, or computer services that are relevant to the
5 offender's deviant behavior pattern.
6 8. A requirement that the probationer or community
7 controllee must submit two specimens of blood to the Florida
8 Department of Law Enforcement to be registered with the DNA
9 data bank.
10 9. A requirement that the probationer or community
11 controllee make restitution to the victim, as ordered by the
12 court under s. 775.089, for all necessary medical and related
13 professional services relating to physical, psychiatric, and
14 psychological care.
15 10. Submission to a warrantless search by the
16 community control or probation officer of the probationer's or
17 community controllee's person, residence, or vehicle.
18 (b) Effective for a probationer or community
19 controllee whose crime was committed on or after October 1,
20 1997, and who is placed on sex offender probation for a
21 violation of chapter 794, s. 800.04, s. 827.071, or s.
22 847.0145, in addition to any other provision of this
23 subsection, the court must impose the following conditions of
24 probation or community control:
25 1. As part of a treatment program, participation at
26 least annually in polygraph examinations to obtain information
27 necessary for risk management and treatment and to reduce the
28 sex offender's denial mechanisms. A polygraph examination must
29 be conducted by a polygrapher trained specifically in the use
30 of the polygraph for the monitoring of sex offenders, where
31 available, and shall be paid by the sex offender. The results
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1 of the polygraph examination shall not be used as evidence in
2 court to prove that a violation of community supervision has
3 occurred.
4 2. Maintenance of a driving log and a prohibition
5 against driving a motor vehicle alone without the prior
6 approval of the supervising officer.
7 3. A prohibition against obtaining or using a post
8 office box without the prior approval of the supervising
9 officer.
10 4. If there was sexual contact, a submission to, at
11 the probationer's or community controllee's expense, an HIV
12 test with the results to be released to the victim and/or the
13 victim's parent or guardian.
14 5. Electronic monitoring when deemed necessary by the
15 community control or probation officer and his or her
16 supervisor, and ordered by the court at the recommendation of
17 the Department of Corrections.
18 (6) The enumeration of specific kinds of terms and
19 conditions shall not prevent the court from adding thereto
20 such other or others as it considers proper. However, the
21 sentencing court may only impose a condition of supervision
22 allowing an offender convicted of s. 794.011, s. 800.04, s.
23 827.071, or s. 847.0145, to reside in another state, if the
24 order stipulates that it is contingent upon the approval of
25 the receiving state interstate compact authority. The court
26 may rescind or modify at any time the terms and conditions
27 theretofore imposed by it upon the probationer or offender in
28 community control. However, if the court withholds
29 adjudication of guilt or imposes a period of incarceration as
30 a condition of probation or community control, the period
31 shall not exceed 364 days, and incarceration shall be
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1 restricted to either a county facility, a probation and
2 restitution center under the jurisdiction of the Department of
3 Corrections, a probation program drug punishment phase I
4 secure residential treatment institution, or a community
5 residential facility owned or operated by any entity providing
6 such services.
7 Section 10. This act shall take effect October 1,
8 1999.
9
10 *****************************************
11 HOUSE SUMMARY
12
Creates the Children's Protection Act of 1999.
13
14 Creates the offenses of "lewd or lascivious battery,"
"lewd or lascivious molestation," "lewd or lascivious
15 conduct," and "lewd or lascivious exhibition." Provides
definitions. Provides penalties. Precludes consent from
16 being raised as a defense if the victim is under a
specified age. Precludes ignorance or belief of age from
17 being raised as a defense. Provides an exception for
maternal breastfeeding. Deletes provisions that define
18 and provide penalties for "lewd, lascivious, or indecent
assault or act upon or in the presence of a child."
19
20 Revises provisions relating to incest. Removes definition
of "sexual intercourse," and defines "sexual activity."
21 Redefines the offense of third degree felony incest to
include knowingly marrying or engaging in sexual activity
22 with any of the specified relatives who is at least 18
years old. Defines the offense of second degree felony
23 incest against a person under 16 years of age. Provides
penalties. Ranks offenses created in the act in the
24 Criminal Punishment Code offense severity ranking chart.
Conforms references. See bill for details.
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