Senate Bill sb1118e1
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1 A bill to be entitled
2 An act relating to the protection of victims of
3 sexual battery and lewd or lascivious offenses;
4 providing a short title; creating s. 921.244,
5 F.S.; requiring the court to prohibit certain
6 offenders from having direct or indirect
7 contact with the victim of the offense;
8 authorizing the court to reconsider orders
9 prohibiting the contact in certain
10 circumstances; providing that it is a felony of
11 the third degree to violate the order;
12 providing for a consecutive sentence to
13 previous sentences imposed for convictions of
14 certain offenses; amending s. 784.048, F.S.;
15 providing that it is a felony of the third
16 degree to willfully, maliciously, and
17 repeatedly follow, harass, or cyberstalk the
18 victim in violation of an order prohibiting
19 contact; providing applicability; providing for
20 a consecutive sentence to previous sentences
21 imposed for convictions of certain offenses;
22 amending s. 921.0022, F.S.; providing for
23 placement of the offense of "aggravated
24 stalking" on the offense severity ranking
25 chart; providing an effective date.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. This act may be cited as the "Lauren Book
30 Protection Act."
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1 Section 2. Section 921.244, Florida Statutes, is
2 created to read:
3 921.244 Order of no contact; penalties.--
4 (1) At the time of sentencing an offender convicted of
5 a violation of s. 794.011 or s. 800.04, the court shall order
6 that the offender be prohibited from having any contact with
7 the victim, directly or indirectly, including through a third
8 person, for the duration of the sentence imposed. The court
9 may reconsider the order upon the request of the victim if the
10 request is made at any time after the victim has attained 18
11 years of age. In considering the request, the court shall
12 conduct an evidentiary hearing to determine whether a change
13 of circumstances has occurred which warrants a change in the
14 court order prohibiting contact and whether it is in the best
15 interest of the victim that the court order be modified or
16 rescinded.
17 (2) Any offender who violates a court order issued
18 under this section commits a felony of the third degree,
19 punishable as provided in s. 775.082, s. 775.083, or s.
20 775.084.
21 (3) The punishment imposed under this section shall
22 run consecutive to any former sentence imposed for a
23 conviction for any offense under s. 794.011 or s. 800.04.
24 Section 3. Subsections (7) and (8) are added to
25 section 784.048, Florida Statutes, to read:
26 784.048 Stalking; definitions; penalties.--
27 (7) Any person who, after having been sentenced for a
28 violation of s. 794.011 or s. 800.04, and prohibited from
29 contacting the victim of the offense under s. 921.244,
30 willfully, maliciously, and repeatedly follows, harasses, or
31 cyberstalks the victim commits the offense of aggravated
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1 stalking, a felony of the third degree, punishable as provided
2 in s. 775.082, s. 775.083, or s. 775.084.
3 (8) The punishment imposed under this section shall
4 run consecutive to any former sentence imposed for a
5 conviction for any offense under s. 794.011 or s. 800.04.
6 Section 4. Paragraph (g) of subsection (3) of section
7 921.0022, Florida Statutes, is amended to read:
8 921.0022 Criminal Punishment Code; offense severity
9 ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
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12 Florida Felony
13 Statute Degree Description
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16 (g) LEVEL 7
17 316.027(1)(b) 2nd Accident involving death, failure
18 to stop; leaving scene.
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
22 bodily injury.
23 402.319(2) 2nd Misrepresentation and negligence
24 or intentional act resulting in
25 great bodily harm, permanent
26 disfiguration, permanent
27 disability, or death.
28 409.920(2) 3rd Medicaid provider fraud.
29 456.065(2) 3rd Practicing a health care
30 profession without a license.
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1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
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1 484.013(1)(c) 3rd Preparing or dispensing optical
2 devices without a prescription.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 782.051(3) 2nd Attempted felony murder of a
24 person by a person other than the
25 perpetrator or the perpetrator of
26 an attempted felony.
27 782.07(1) 2nd Killing of a human being by the
28 act, procurement, or culpable
29 negligence of another
30 (manslaughter).
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.048(7) 3rd Aggravated stalking; violation of
19 court order.
20 784.07(2)(d) 1st Aggravated battery on law
21 enforcement officer.
22 784.074(1)(a) 1st Aggravated battery on sexually
23 violent predators facility staff.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 790.165(2) 2nd Manufacture, sell, possess, or
9 deliver hoax bomb.
10 790.165(3) 2nd Possessing, displaying, or
11 threatening to use any hoax bomb
12 while committing or attempting to
13 commit a felony.
14 790.166(3) 2nd Possessing, selling, using, or
15 attempting to use a hoax weapon
16 of mass destruction.
17 790.166(4) 2nd Possessing, displaying, or
18 threatening to use a hoax weapon
19 of mass destruction while
20 committing or attempting to
21 commit a felony.
22 796.03 2nd Procuring any person under 16
23 years for prostitution.
24 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
25 victim less than 12 years of age;
26 offender less than 18 years.
27 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 18 years or older.
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1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a) 1st Property stolen, valued at
10 $100,000 or more; cargo stolen
11 valued at $50,000 or more;
12 property stolen while causing
13 other property damage; 1st degree
14 grand theft.
15 812.014(2)(b)3. 2nd Property stolen, emergency
16 medical equipment; 2nd degree
17 grand theft.
18 812.0145(2)(a) 1st Theft from person 65 years of age
19 or older; $50,000 or more.
20 812.019(2) 1st Stolen property; initiates,
21 organizes, plans, etc., the theft
22 of property and traffics in
23 stolen property.
24 812.131(2)(a) 2nd Robbery by sudden snatching.
25 812.133(2)(b) 1st Carjacking; no firearm, deadly
26 weapon, or other weapon.
27 817.234(8)(a) 2nd Solicitation of motor vehicle
28 accident victims with intent to
29 defraud.
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1 817.234(9) 2nd Organizing, planning, or
2 participating in an intentional
3 motor vehicle collision.
4 817.234(11)(c) 1st Insurance fraud; property value
5 $100,000 or more.
6 817.2341(2)(b)&
7 (3)(b) 1st Making false entries of material
8 fact or false statements
9 regarding property values
10 relating to the solvency of an
11 insuring entity which are a
12 significant cause of the
13 insolvency of that entity.
14 825.102(3)(b) 2nd Neglecting an elderly person or
15 disabled adult causing great
16 bodily harm, disability, or
17 disfigurement.
18 825.103(2)(b) 2nd Exploiting an elderly person or
19 disabled adult and property is
20 valued at $20,000 or more, but
21 less than $100,000.
22 827.03(3)(b) 2nd Neglect of a child causing great
23 bodily harm, disability, or
24 disfigurement.
25 827.04(3) 3rd Impregnation of a child under 16
26 years of age by person 21 years
27 of age or older.
28 837.05(2) 3rd Giving false information about
29 alleged capital felony to a law
30 enforcement officer.
31 838.015 2nd Bribery.
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1 838.016 2nd Unlawful compensation or reward
2 for official behavior.
3 838.021(3)(a) 2nd Unlawful harm to a public
4 servant.
5 838.22 2nd Bid tampering.
6 872.06 2nd Abuse of a dead human body.
7 893.13(1)(c)1. 1st Sell, manufacture, or deliver
8 cocaine (or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), (2)(b), or
11 (2)(c)4.) within 1,000 feet of a
12 child care facility, school, or
13 state, county, or municipal park
14 or publicly owned recreational
15 facility or community center.
16 893.13(1)(e)1. 1st Sell, manufacture, or deliver
17 cocaine or other drug prohibited
18 under s. 893.03(1)(a), (1)(b),
19 (1)(d), (2)(a), (2)(b), or
20 (2)(c)4., within 1,000 feet of
21 property used for religious
22 services or a specified business
23 site.
24 893.13(4)(a) 1st Deliver to minor cocaine (or
25 other s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), (2)(b), or
27 (2)(c)4. drugs).
28 893.135(1)(a)1. 1st Trafficking in cannabis, more
29 than 25 lbs., less than 2,000
30 lbs.
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1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 893.135
19 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
20 grams or more, less than 14
21 grams.
22 893.135
23 (1)(h)1.a. 1st Trafficking in
24 gamma-hydroxybutyric acid (GHB),
25 1 kilogram or more, less than 5
26 kilograms.
27 893.135
28 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
29 kilogram or more, less than 5
30 kilograms.
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1 893.135
2 (1)(k)2.a. 1st Trafficking in Phenethylamines,
3 10 grams or more, less than 200
4 grams.
5 896.101(5)(a) 3rd Money laundering, financial
6 transactions exceeding $300 but
7 less than $20,000.
8 896.104(4)(a)1. 3rd Structuring transactions to evade
9 reporting or registration
10 requirements, financial
11 transactions exceeding $300 but
12 less than $20,000.
13 Section 5. This act shall take effect on July 1, 2004,
14 and shall apply to offenses committed on or after that date.
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