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





                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senators Cowin and Diaz-Balart moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 77, between lines 13 and 14,

15

16  insert:

17         Section 47.  Section 784.085, Florida Statutes, is

18  created to read:

19         784.085  Battery of child by throwing, tossing,

20  projecting, or expelling certain fluids or materials.--

21         (1)  It is unlawful for any person to knowingly cause

22  or attempt to cause a child to come into contact with blood,

23  seminal fluid, or urine or feces by throwing, tossing,

24  projecting, or expelling such fluid or material.

25         (2)  Any person who violates this section commits

26  battery of a child, a felony of the third degree, punishable

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

28         (3)  As used in this section, the term "child" means a

29  person under 18 years of age.

30         Section 48.  Paragraph (d) of subsection (3) of section

31  921.0022, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4

 5  Florida           Felony

 6  Statute           Degree             Description

 7

 8

 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  784.085            3rd      Battery of child by throwing,

29                              tossing, projecting, or expelling

30                              certain fluids or materials.

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





 1  787.03(1)          3rd      Interference with custody;

 2                              wrongly takes child from

 3                              appointed guardian.

 4  787.04(2)          3rd      Take, entice, or remove child

 5                              beyond state limits with criminal

 6                              intent pending custody

 7                              proceedings.

 8  787.04(3)          3rd      Carrying child beyond state lines

 9                              with criminal intent to avoid

10                              producing child at custody

11                              hearing or delivering to

12                              designated person.

13  790.115(1)         3rd      Exhibiting firearm or weapon

14                              within 1,000 feet of a school.

15  790.115(2)(b)      3rd      Possessing electric weapon or

16                              device, destructive device, or

17                              other weapon on school property.

18  790.115(2)(c)      3rd      Possessing firearm on school

19                              property.

20  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

21                              offender less than 18 years.

22  810.02(4)(a)       3rd      Burglary, or attempted burglary,

23                              of an unoccupied structure;

24                              unarmed; no assault or battery.

25  810.02(4)(b)       3rd      Burglary, or attempted burglary,

26                              of an unoccupied conveyance;

27                              unarmed; no assault or battery.

28  810.06             3rd      Burglary; possession of tools.

29  810.08(2)(c)       3rd      Trespass on property, armed with

30                              firearm or dangerous weapon.

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





 1  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

 2                              or more but less than $20,000.

 3  812.014

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

 5                              firearm, motor vehicle,

 6                              livestock, etc.

 7  817.563(1)         3rd      Sell or deliver substance other

 8                              than controlled substance agreed

 9                              upon, excluding s. 893.03(5)

10                              drugs.

11  828.125(1)         2nd      Kill, maim, or cause great bodily

12                              harm or permanent breeding

13                              disability to any registered

14                              horse or cattle.

15  837.02(1)          3rd      Perjury in official proceedings.

16  837.021(1)         3rd      Make contradictory statements in

17                              official proceedings.

18  843.025            3rd      Deprive law enforcement,

19                              correctional, or correctional

20                              probation officer of means of

21                              protection or communication.

22  843.15(1)(a)       3rd      Failure to appear while on bail

23                              for felony (bond estreature or

24                              bond jumping).

25  874.05(1)          3rd      Encouraging or recruiting another

26                              to join a criminal street gang.

27  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

28                              893.03(1)(a), (b), or (d), or

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

30  914.14(2)          3rd      Witnesses accepting bribes.

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                                                  SENATE AMENDMENT

    Bill No. SB 2566

    Amendment No.    





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

 2                              victim, or informant.

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

 4                              victim, or informant, no bodily

 5                              injury.

 6  918.12             3rd      Tampering with jurors.

 7

 8  (Redesignate subsequent sections.)

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11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13         On page 3, line 31, after the semicolon,

14

15  insert:

16         creating s. 784.085, F.S.; prohibiting battery

17         of a child by throwing, tossing, projecting, or

18         expelling certain fluids; providing a penalty;

19         providing a definition; amending s. 921.0022,

20         F.S., relating to the criminal Punishment Code;

21         conforming provisions to changes made by the

22         act;

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