CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1854
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Brown-Waite moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, between, lines 24 and 25,
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16 insert:
17 Section 2. Section 27.365, Florida Statutes, is
18 amended to read:
19 27.365 Florida Prosecuting Attorneys Association;
20 annual report regarding prosecutions.--By February 1st of each
21 year, the Florida Prosecuting Attorneys Association shall
22 report to the President and Minority Leader of the Senate, the
23 Speaker and Minority Leader of the House of Representatives,
24 and to the appropriate substantive committees of each chamber
25 regarding prosecutions for offenses during the previous
26 calendar year under ss. 794.011, 794.05, 800.04, and 827.04(4)
27 827.04(3) when the victim of the offense was less than 18
28 years of age. This report must include, by judicial circuit,
29 the following information in summary format for each offense:
30 the initial charge in each case; the age of the victim and the
31 age of the offender; the charge ultimately prosecuted, if any;
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Amendment No.
1 whether the case went to trial or was resolved by plea
2 agreement; and either the sentence imposed in each case, or
3 the status of each case on December 31st of the previous year.
4 The names of sexual offense victims shall not be included in
5 the report.
6 Section 3. Paragraph (a) of subsection (2) of section
7 39.201, Florida Statutes, is amended to read:
8 39.201 Mandatory reports of child abuse, abandonment,
9 or neglect; mandatory reports of death; central abuse
10 hotline.--
11 (2)(a) Each report of known or suspected child abuse,
12 abandonment, or neglect pursuant to this section, except those
13 solely under s. 827.04(4) s. 827.04(3), shall be made
14 immediately to the department's central abuse hotline on the
15 single statewide toll-free telephone number, and, if the
16 report is of an instance of known or suspected child abuse by
17 a noncaretaker, the call shall be immediately electronically
18 transferred to the appropriate county sheriff's office by the
19 central abuse hotline. If the report is of an instance of
20 known or suspected child abuse involving impregnation of a
21 child under 16 years of age by a person 21 years of age or
22 older solely under s. 827.04(4) s. 827.04(3), the report shall
23 be made immediately to the appropriate county sheriff's office
24 or other appropriate law enforcement agency. If the report is
25 of an instance of known or suspected child abuse solely under
26 s. 827.04(4) s. 827.04(3), the reporting provisions of this
27 subsection do not apply to health care professionals or other
28 persons who provide medical or counseling services to pregnant
29 children when such reporting would interfere with the
30 provision of medical services.
31 Section 4. Section 90.4025, Florida Statutes, is
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Amendment No.
1 amended to read:
2 90.4025 Admissibility of paternity determination in
3 certain criminal prosecutions.--If a person less than 18 years
4 of age gives birth to a child and the paternity of that child
5 is established under chapter 742, such evidence of paternity
6 is admissible in a criminal prosecution under ss. 794.011,
7 794.05, 800.04, and 827.04(4) 827.04(3).
8 Section 5. Section 382.356, Florida Statutes, is
9 amended to read:
10 382.356 Protocol for sharing certain birth certificate
11 information.--In order to facilitate the prosecution of
12 offenses under s. 794.011, s. 794.05, s. 800.04, or s.
13 827.04(4) s. 827.04(3), the Department of Health, the
14 Department of Revenue, and the Florida Prosecuting Attorneys
15 Association shall develop a protocol for sharing birth
16 certificate information for all children born to unmarried
17 mothers who are less than 17 years of age at the time of the
18 child's birth.
19 Section 6. Subsection (4) of section 742.107, Florida
20 Statutes, is amended to read:
21 742.107 Determining paternity of child with mother
22 under 16 years of age when impregnated.--
23 (4) When the information provided by the applicant or
24 recipient who was impregnated while under age 16 indicates
25 that such person is the victim of child abuse as provided in
26 s. 827.04(4) s. 827.04(3), the Department of Revenue or the
27 Department of Children and Family Services shall notify the
28 county sheriff's office or other appropriate agency or
29 official and provide information needed to protect the child's
30 health or welfare.
31 Section 7. Paragraph (g) of subsection (3) of section
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1 921.0022, Florida Statutes, is amended to read:
2 921.0022 Criminal Punishment Code; offense severity
3 ranking chart.--
4 (3) OFFENSE SEVERITY RANKING CHART
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6 Florida Felony
7 Statute Degree Description
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9 (g) LEVEL 7
10 316.193(3)(c)2. 3rd DUI resulting in serious bodily
11 injury.
12 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
13 bodily injury.
14 402.319(2) 2nd Misrepresentation and negligence
15 or intentional act resulting in
16 great bodily harm, permanent
17 disfiguration, permanent
18 disability, or death.
19 409.920(2) 3rd Medicaid provider fraud.
20 494.0018(2) 1st Conviction of any violation of
21 ss. 494.001-494.0077 in which the
22 total money and property
23 unlawfully obtained exceeded
24 $50,000 and there were five or
25 more victims.
26 782.051(3) 2nd Attempted felony murder of a
27 person by a person other than the
28 perpetrator or the perpetrator of
29 an attempted felony.
30 782.07(1) 2nd Killing of a human being by the
31 act, procurement, or culpable
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1 negligence of another
2 (manslaughter).
3 782.071 2nd Killing of human being or viable
4 fetus by the operation of a motor
5 vehicle in a reckless manner
6 (vehicular homicide).
7 782.072 2nd Killing of a human being by the
8 operation of a vessel in a
9 reckless manner (vessel
10 homicide).
11 784.045(1)(a)1. 2nd Aggravated battery; intentionally
12 causing great bodily harm or
13 disfigurement.
14 784.045(1)(a)2. 2nd Aggravated battery; using deadly
15 weapon.
16 784.045(1)(b) 2nd Aggravated battery; perpetrator
17 aware victim pregnant.
18 784.048(4) 3rd Aggravated stalking; violation of
19 injunction or court order.
20 784.07(2)(d) 1st Aggravated battery on law
21 enforcement officer.
22 784.08(2)(a) 1st Aggravated battery on a person 65
23 years of age or older.
24 784.081(1) 1st Aggravated battery on specified
25 official or employee.
26 784.082(1) 1st Aggravated battery by detained
27 person on visitor or other
28 detainee.
29 784.083(1) 1st Aggravated battery on code
30 inspector.
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1 790.07(4) 1st Specified weapons violation
2 subsequent to previous conviction
3 of s. 790.07(1) or (2).
4 790.16(1) 1st Discharge of a machine gun under
5 specified circumstances.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a) 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.019(2) 1st Stolen property; initiates,
28 organizes, plans, etc., the theft
29 of property and traffics in
30 stolen property.
31 812.131(2)(a) 2nd Robbery by sudden snatching.
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(4)(3) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 837.05(2) 3rd Giving false information about
21 alleged capital felony to a law
22 enforcement officer.
23 872.06 2nd Abuse of a dead human body.
24 893.13(1)(c)1. 1st Sell, manufacture, or deliver
25 cocaine (or other drug prohibited
26 under s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), or (2)(b)) within
28 1,000 feet of a child care
29 facility or school.
30 893.13(1)(e) 1st Sell, manufacture, or deliver
31 cocaine or other drug prohibited
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1 under s. 893.03(1)(a), (1)(b),
2 (1)(d), (2)(a), or (2)(b), within
3 1,000 feet of property used for
4 religious services or a specified
5 business site.
6 893.13(4)(a) 1st Deliver to minor cocaine (or
7 other s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), or (2)(b) drugs).
9 893.135(1)(a)1. 1st Trafficking in cannabis, more
10 than 50 lbs., less than 2,000
11 lbs.
12 893.135
13 (1)(b)1.a. 1st Trafficking in cocaine, more than
14 28 grams, less than 200 grams.
15 893.135
16 (1)(c)1.a. 1st Trafficking in illegal drugs,
17 more than 4 grams, less than 14
18 grams.
19 893.135
20 (1)(d)1. 1st Trafficking in phencyclidine,
21 more than 28 grams, less than 200
22 grams.
23 893.135(1)(e)1. 1st Trafficking in methaqualone, more
24 than 200 grams, less than 5
25 kilograms.
26 893.135(1)(f)1. 1st Trafficking in amphetamine, more
27 than 14 grams, less than 28
28 grams.
29 893.135
30 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
31 grams or more, less than 14
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Amendment No.
1 grams.
2 Section 8. For the purpose of incorporating the
3 amendment to section 827.04, Florida Statutes, in references
4 thereto, section 409.2355, Florida Statutes, is reenacted to
5 read:
6 409.2355 Programs for prosecution of males over age 21
7 who commit certain offenses involving girls under age
8 16.--Subject to specific appropriated funds, the Department of
9 Children and Family Services is directed to establish a
10 program by which local communities, through the state
11 attorney's office of each judicial circuit, may apply for
12 grants to fund innovative programs for the prosecution of
13 males over the age of 21 who victimize girls under the age of
14 16 in violation of s. 794.011, s. 794.05, s. 800.04, or s.
15 827.04(4).
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17 (Redesignate subsequent sections.)
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20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 1, line 6, after the semicolon,
23
24 insert:
25 amending ss. 27.365, 39.201, 90.4025, 382.356,
26 742.107, 921.0022, F.S.; conforming
27 cross-references; reenacting s. 409.2355, F.S.,
28 relating to programs for prosecution of males
29 over age 21 who commit certain offenses
30 involving girls under age 16, to incorporate
31 the amendment to s. 827.04, F.S., in references
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