Senate Bill sb1526
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Florida Senate - 2005 SB 1526
By Senator Baker
20-644A-05 See HB 233
1 A bill to be entitled
2 An act relating to homicide of an unborn quick
3 child; amending s. 316.193, F.S.; including the
4 death of an unborn quick child under DUI
5 manslaughter; amending s. 782.071, F.S.; making
6 the killing of an unborn quick child rather
7 than the killing of a viable fetus a "vehicular
8 homicide"; deleting a provision describing the
9 viability of a fetus; amending s. 782.09, F.S.;
10 defining the term "unborn quick child";
11 providing that killing an unborn quick child by
12 injury to the mother which would be murder in
13 any degree if it resulted in the death of the
14 mother is murder in the same degree; providing
15 penalties; providing that the unlawful killing
16 of an unborn quick child by injury to the
17 mother which would be manslaughter if it
18 resulted in the death of the mother is
19 manslaughter; providing penalties; providing
20 that the death of the mother does not bar
21 prosecution under specified circumstances;
22 providing that the section does not authorize
23 prosecution of a person in connection with a
24 termination of pregnancy; amending ss. 435.03
25 and 435.04, F.S., to conform language to
26 changes made by s. 782.09, F.S., and reenacting
27 ss. 435.03(2)(f) and 435.04(2)(f), F.S.,
28 relating to Level 1 and Level 2 screening
29 standards, respectively, to incorporate the
30 amendment to s. 782.071, F.S., in references
31 thereto; amending s. 921.0022, F.S., relating
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 to the Criminal Punishment Code offense
2 severity ranking chart, to conform provisions
3 to changes made by the act, and reenacting
4 paragraphs (3)(h) and (i), to incorporate the
5 amendments to ss. 316.193 and 782.071, F.S., in
6 references thereto; reenacting s. 316.656(3),
7 F.S., relating to mandatory adjudication, to
8 incorporate the amendment to s. 316.193, F.S.,
9 in a reference thereto; reenacting s.
10 947.146(3)(j), F.S., relating to the Control
11 Release Authority, to incorporate the amendment
12 to s. 316.193, F.S., in a reference thereto;
13 reenacting s. 960.03(3)(b), F.S., relating to
14 the definition of "crime" under the Florida
15 Crimes Compensation Act, to incorporate the
16 amendment to s. 782.071, F.S., in a reference
17 thereto; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (3) of section 316.193, Florida
22 Statutes, is amended to read:
23 316.193 Driving under the influence; penalties.--
24 (3) Any person:
25 (a) Who is in violation of subsection (1);
26 (b) Who operates a vehicle; and
27 (c) Who, by reason of such operation, causes or
28 contributes to causing:
29 1. Damage to the property or person of another commits
30 a misdemeanor of the first degree, punishable as provided in
31 s. 775.082 or s. 775.083.
2
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 2. Serious bodily injury to another, as defined in s.
2 316.1933, commits a felony of the third degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 3. The death of any human being or unborn quick child
5 as defined in s. 782.09 commits DUI manslaughter, and commits:
6 a. A felony of the second degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084.
8 b. A felony of the first degree, punishable as
9 provided in s. 775.082, s. 775.083, or s. 775.084, if:
10 (I) At the time of the crash, the person knew, or
11 should have known, that the crash occurred; and
12 (II) The person failed to give information and render
13 aid as required by s. 316.062.
14 Section 2. Section 782.071, Florida Statutes, is
15 amended to read:
16 782.071 Vehicular homicide.--"Vehicular homicide" is
17 the killing of a human being, or the killing of an unborn
18 quick child as defined in s. 782.09 a viable fetus by any
19 injury to the mother, caused by the operation of a motor
20 vehicle by another in a reckless manner likely to cause the
21 death of, or great bodily harm to, another.
22 (1) Vehicular homicide is:
23 (a) A felony of the second degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084.
25 (b) A felony of the first degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084, if:
27 1. At the time of the accident, the person knew, or
28 should have known, that the accident occurred; and
29 2. The person failed to give information and render
30 aid as required by s. 316.062.
31
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 This paragraph does not require that the person knew that the
2 accident resulted in injury or death.
3 (2) For purposes of this section, a fetus is viable
4 when it becomes capable of meaningful life outside the womb
5 through standard medical measures.
6 (2)(3) A right of action for civil damages shall exist
7 under s. 768.19, under all circumstances, for all deaths
8 described in this section.
9 (3)(4) In addition to any other punishment, the court
10 may order the person to serve 120 community service hours in a
11 trauma center or hospital that regularly receives victims of
12 vehicle accidents, under the supervision of a registered
13 nurse, an emergency room physician, or an emergency medical
14 technician pursuant to a voluntary community service program
15 operated by the trauma center or hospital.
16 Section 3. Section 782.09, Florida Statutes, is
17 amended to read:
18 782.09 Killing of unborn quick child by injury to
19 mother.--
20 (1) The term "unborn quick child" means the unborn
21 child of a pregnant woman which has developed to the point of
22 maturity at which its movements can be felt in its mother, or
23 at which the unborn child becomes capable of meaningful life
24 outside the womb through standard medical measures.
25 (2) The unlawful willful killing of an unborn quick
26 child, by any injury to the mother of such child which would
27 be murder if it resulted in the death of such mother, shall be
28 deemed murder in the same degree as that which would have been
29 committed against the mother. A person who unlawfully kills an
30 unborn quick child by any injury to the mother:
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 (a) Which would be murder in the first degree
2 constituting a capital felony if it resulted in the mother's
3 death commits murder in the first degree constituting a
4 capital felony, punishable as provided in s. 775.082.
5 (b) Which would be murder in the second degree if it
6 resulted in the mother's death commits murder in the second
7 degree, a felony of the first degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 (c) Which would be murder in the third degree if it
10 resulted in the mother's death commits murder in the third
11 degree manslaughter, a felony of the second degree, punishable
12 as provided in s. 775.082, s. 775.083, or s. 775.084.
13 (3) The unlawful killing of an unborn quick child by
14 any injury to the mother of such child which would be
15 manslaughter if it resulted in the death of such mother shall
16 be deemed manslaughter. A person who unlawfully kills an
17 unborn quick child by any injury to the mother which would be
18 manslaughter if it resulted in the mother's death commits
19 manslaughter, a felony of the second degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084.
21 (4) The death of the mother resulting from the same
22 act or criminal episode that caused the death of the unborn
23 quick child does not bar prosecution under this section.
24 (5) This section does not authorize the prosecution of
25 any person in connection with a termination of pregnancy
26 pursuant to chapter 390.
27 Section 4. Paragraph (f) of subsection (2) of section
28 435.03, Florida Statutes, is reenacted, and paragraph (g) of
29 that subsection is amended, to read:
30 435.03 Level 1 screening standards.--
31
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 (2) Any person for whom employment screening is
2 required by statute must not have been found guilty of,
3 regardless of adjudication, or entered a plea of nolo
4 contendere or guilty to, any offense prohibited under any of
5 the following provisions of the Florida Statutes or under any
6 similar statute of another jurisdiction:
7 (f) Section 782.071, relating to vehicular homicide.
8 (g) Section 782.09, relating to killing of an unborn
9 quick child by injury to the mother.
10 Section 5. Paragraph (f) of subsection (2) of section
11 435.04, Florida Statutes, is reenacted, and paragraph (g) of
12 that subsection is amended, to read:
13 435.04 Level 2 screening standards.--
14 (2) The security background investigations under this
15 section must ensure that no persons subject to the provisions
16 of this section have been found guilty of, regardless of
17 adjudication, or entered a plea of nolo contendere or guilty
18 to, any offense prohibited under any of the following
19 provisions of the Florida Statutes or under any similar
20 statute of another jurisdiction:
21 (f) Section 782.071, relating to vehicular homicide.
22 (g) Section 782.09, relating to killing of an unborn
23 quick child by injury to the mother.
24 Section 6. Paragraphs (h) and (i) of subsection (3) of
25 section 921.0022, Florida Statutes, are reenacted, and
26 paragraph (g) of that subsection is amended, to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
30
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 Florida Felony
2 Statute Degree Description
3
4
5 (g) LEVEL 7
6 316.027(1)(b) 2nd Accident involving death, failure
7 to stop; leaving scene.
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 316.1935(3)(b) 1st Causing serious bodily injury or
11 death to another person; driving
12 at high speed or with wanton
13 disregard for safety while
14 fleeing or attempting to elude
15 law enforcement officer who is in
16 a patrol vehicle with siren and
17 lights activated.
18 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
19 bodily injury.
20 402.319(2) 2nd Misrepresentation and negligence
21 or intentional act resulting in
22 great bodily harm, permanent
23 disfiguration, permanent
24 disability, or death.
25 409.920(2) 3rd Medicaid provider fraud.
26 456.065(2) 3rd Practicing a health care
27 profession without a license.
28 456.065(2) 2nd Practicing a health care
29 profession without a license
30 which results in serious bodily
31 injury.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 458.327(1) 3rd Practicing medicine without a
2 license.
3 459.013(1) 3rd Practicing osteopathic medicine
4 without a license.
5 460.411(1) 3rd Practicing chiropractic medicine
6 without a license.
7 461.012(1) 3rd Practicing podiatric medicine
8 without a license.
9 462.17 3rd Practicing naturopathy without a
10 license.
11 463.015(1) 3rd Practicing optometry without a
12 license.
13 464.016(1) 3rd Practicing nursing without a
14 license.
15 465.015(2) 3rd Practicing pharmacy without a
16 license.
17 466.026(1) 3rd Practicing dentistry or dental
18 hygiene without a license.
19 467.201 3rd Practicing midwifery without a
20 license.
21 468.366 3rd Delivering respiratory care
22 services without a license.
23 483.828(1) 3rd Practicing as clinical laboratory
24 personnel without a license.
25 483.901(9) 3rd Practicing medical physics
26 without a license.
27 484.013(1)(c) 3rd Preparing or dispensing optical
28 devices without a prescription.
29 484.053 3rd Dispensing hearing aids without a
30 license.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
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.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071(1) 2nd Killing of human being or unborn
28 quick child viable fetus by the
29 operation of a motor vehicle in a
30 reckless manner (vehicular
31 homicide).
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.048(7) 3rd Aggravated stalking; violation of
15 court order.
16 784.07(2)(d) 1st Aggravated battery on law
17 enforcement officer.
18 784.074(1)(a) 1st Aggravated battery on sexually
19 violent predators facility staff.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 790.165(2) 2nd Manufacture, sell, possess, or
4 deliver hoax bomb.
5 790.165(3) 2nd Possessing, displaying, or
6 threatening to use any hoax bomb
7 while committing or attempting to
8 commit a felony.
9 790.166(3) 2nd Possessing, selling, using, or
10 attempting to use a hoax weapon
11 of mass destruction.
12 790.166(4) 2nd Possessing, displaying, or
13 threatening to use a hoax weapon
14 of mass destruction while
15 committing or attempting to
16 commit a felony.
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.
22 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
23 victim 12 years of age or older
24 but less than 16 years; offender
25 18 years or older.
26 806.01(2) 2nd Maliciously damage structure by
27 fire or explosive.
28 810.02(3)(a) 2nd Burglary of occupied dwelling;
29 unarmed; no assault or battery.
30 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
31 unarmed; no assault or battery.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 810.02(3)(d) 2nd Burglary of occupied conveyance;
2 unarmed; no assault or battery.
3 812.014(2)(a)1. 1st Property stolen, valued at
4 $100,000 or more; property stolen
5 while causing other property
6 damage; 1st degree grand theft.
7 812.014(2)(b)2. 2nd Property stolen, cargo valued at
8 less than $50,000, grand theft in
9 2nd degree.
10 812.014(2)(b)3. 2nd Property stolen, emergency
11 medical equipment; 2nd degree
12 grand theft.
13 812.0145(2)(a) 1st Theft from person 65 years of age
14 or older; $50,000 or more.
15 812.019(2) 1st Stolen property; initiates,
16 organizes, plans, etc., the theft
17 of property and traffics in
18 stolen property.
19 812.131(2)(a) 2nd Robbery by sudden snatching.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 817.234(8)(a) 2nd Solicitation of motor vehicle
23 accident victims with intent to
24 defraud.
25 817.234(9) 2nd Organizing, planning, or
26 participating in an intentional
27 motor vehicle collision.
28 817.234(11)(c) 1st Insurance fraud; property value
29 $100,000 or more.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 817.2341(2)(b)&
2 (3)(b) 1st Making false entries of material
3 fact or false statements
4 regarding property values
5 relating to the solvency of an
6 insuring entity which are a
7 significant cause of the
8 insolvency of that entity.
9 825.102(3)(b) 2nd Neglecting an elderly person or
10 disabled adult causing great
11 bodily harm, disability, or
12 disfigurement.
13 825.103(2)(b) 2nd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $20,000 or more, but
16 less than $100,000.
17 827.03(3)(b) 2nd Neglect of a child causing great
18 bodily harm, disability, or
19 disfigurement.
20 827.04(3) 3rd Impregnation of a child under 16
21 years of age by person 21 years
22 of age or older.
23 837.05(2) 3rd Giving false information about
24 alleged capital felony to a law
25 enforcement officer.
26 838.015 2nd Bribery.
27 838.016 2nd Unlawful compensation or reward
28 for official behavior.
29 838.021(3)(a) 2nd Unlawful harm to a public
30 servant.
31 838.22 2nd Bid tampering.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 872.06 2nd Abuse of a dead human body.
2 893.13(1)(c)1. 1st Sell, manufacture, or deliver
3 cocaine (or other drug prohibited
4 under s. 893.03(1)(a), (1)(b),
5 (1)(d), (2)(a), (2)(b), or
6 (2)(c)4.) within 1,000 feet of a
7 child care facility, school, or
8 state, county, or municipal park
9 or publicly owned recreational
10 facility or community center.
11 893.13(1)(e)1. 1st Sell, manufacture, or deliver
12 cocaine or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), (2)(b), or
15 (2)(c)4., within 1,000 feet of
16 property used for religious
17 services or a specified business
18 site.
19 893.13(4)(a) 1st Deliver to minor cocaine (or
20 other s. 893.03(1)(a), (1)(b),
21 (1)(d), (2)(a), (2)(b), or
22 (2)(c)4. drugs).
23 893.135(1)(a)1. 1st Trafficking in cannabis, more
24 than 25 lbs., less than 2,000
25 lbs.
26 893.135
27 (1)(b)1.a. 1st Trafficking in cocaine, more than
28 28 grams, less than 200 grams.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
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.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 (h) LEVEL 8
10 316.193
11 (3)(c)3.a. 2nd DUI manslaughter.
12 316.1935(4)(b) 1st Aggravated fleeing or attempted
13 eluding with serious bodily
14 injury or death.
15 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
16 499.0051(7) 1st Forgery of prescription or legend
17 drug labels.
18 499.0052 1st Trafficking in contraband legend
19 drugs.
20 560.123(8)(b)2. 2nd Failure to report currency or
21 payment instruments totaling or
22 exceeding $20,000, but less than
23 $100,000 by money transmitter.
24 560.125(5)(b) 2nd Money transmitter business by
25 unauthorized person, currency or
26 payment instruments totaling or
27 exceeding $20,000, but less than
28 $100,000.
29
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 655.50(10)(b)2. 2nd Failure to report financial
2 transactions totaling or
3 exceeding $20,000, but less than
4 $100,000 by financial
5 institutions.
6 777.03(2)(a) 1st Accessory after the fact, capital
7 felony.
8 782.04(4) 2nd Killing of human without design
9 when engaged in act or attempt of
10 any felony other than arson,
11 sexual battery, robbery,
12 burglary, kidnapping, aircraft
13 piracy, or unlawfully discharging
14 bomb.
15 782.051(2) 1st Attempted felony murder while
16 perpetrating or attempting to
17 perpetrate a felony not
18 enumerated in s. 782.04(3).
19 782.071(1)(b) 1st Committing vehicular homicide and
20 failing to render aid or give
21 information.
22 782.072(2) 1st Committing vessel homicide and
23 failing to render aid or give
24 information.
25 790.161(3) 1st Discharging a destructive device
26 which results in bodily harm or
27 property damage.
28 794.011(5) 2nd Sexual battery, victim 12 years
29 or over, offender does not use
30 physical force likely to cause
31 serious injury.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 800.04(4) 2nd Lewd or lascivious battery.
2 806.01(1) 1st Maliciously damage dwelling or
3 structure by fire or explosive,
4 believing person in structure.
5 810.02(2)(a) 1st,PBL Burglary with assault or battery.
6 810.02(2)(b) 1st,PBL Burglary; armed with explosives
7 or dangerous weapon.
8 810.02(2)(c) 1st Burglary of a dwelling or
9 structure causing structural
10 damage or $1,000 or more property
11 damage.
12 812.014(2)(a)2. 1st Property stolen; cargo valued at
13 $50,000 or more, grand theft in
14 1st degree.
15 812.13(2)(b) 1st Robbery with a weapon.
16 812.135(2)(c) 1st Home-invasion robbery, no
17 firearm, deadly weapon, or other
18 weapon.
19 817.568(6) 2nd Fraudulent use of personal
20 identification information of an
21 individual under the age of 18.
22 825.102(2) 2nd Aggravated abuse of an elderly
23 person or disabled adult.
24 825.1025(2) 2nd Lewd or lascivious battery upon
25 an elderly person or disabled
26 adult.
27 825.103(2)(a) 1st Exploiting an elderly person or
28 disabled adult and property is
29 valued at $100,000 or more.
30
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(k)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
30
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20-644A-05 See HB 233
1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
26 render aid or give information.
27 499.0053 1st Sale or purchase of contraband
28 legend drugs resulting in great
29 bodily harm.
30
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1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(c) 1st Money transmitter business by
6 unauthorized person, currency, or
7 payment instruments totaling or
8 exceeding $100,000.
9 655.50(10)(b)3. 1st Failure to report financial
10 transactions totaling or
11 exceeding $100,000 by financial
12 institution.
13 775.0844 1st Aggravated white collar crime.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.051(1) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony enumerated in
23 s. 782.04(3).
24 782.07(2) 1st Aggravated manslaughter of an
25 elderly person or disabled adult.
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.
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20-644A-05 See HB 233
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 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) 1st Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 812.135(2)(b) 1st Home-invasion robbery with
6 weapon.
7 817.568(7) 2nd,PBL Fraudulent use of personal
8 identification information of an
9 individual under the age of 18 by
10 his or her parent, legal
11 guardian, or person exercising
12 custodial authority.
13 827.03(2) 1st Aggravated child abuse.
14 847.0145(1) 1st Selling, or otherwise
15 transferring custody or control,
16 of a minor.
17 847.0145(2) 1st Purchasing, or otherwise
18 obtaining custody or control, of
19 a minor.
20 859.01 1st Poisoning or introducing
21 bacteria, radioactive materials,
22 viruses, or chemical compounds
23 into food, drink, medicine, or
24 water with intent to kill or
25 injure another person.
26 893.135 1st Attempted capital trafficking
27 offense.
28 893.135(1)(a)3. 1st Trafficking in cannabis, more
29 than 10,000 lbs.
30
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Florida Senate - 2005 SB 1526
20-644A-05 See HB 233
1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 893.135
19 (1)(h)1.c. 1st Trafficking in
20 gamma-hydroxybutyric acid (GHB),
21 10 kilograms or more.
22 893.135
23 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
24 kilograms or more.
25 893.135
26 (1)(k)2.c. 1st Trafficking in Phenethylamines,
27 400 grams or more.
28 896.101(5)(c) 1st Money laundering, financial
29 instruments totaling or exceeding
30 $100,000.
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1 896.104(4)(a)3. 1st Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $100,000.
6 Section 7. For the purpose of incorporating the
7 amendment to section 316.193, Florida Statutes, in a reference
8 thereto, subsection (1) of section 316.656, Florida Statutes,
9 is reenacted to read:
10 316.656 Mandatory adjudication; prohibition against
11 accepting plea to lesser included offense.--
12 (1) Notwithstanding the provisions of s. 948.01, no
13 court may suspend, defer, or withhold adjudication of guilt or
14 imposition of sentence for any violation of s. 316.193, for
15 manslaughter resulting from the operation of a motor vehicle,
16 or for vehicular homicide.
17 Section 8. For the purpose of incorporating the
18 amendment to section 316.193, Florida Statutes, in a reference
19 thereto, paragraph (j) of subsection (3) of section 947.146,
20 Florida Statutes, is reenacted to read:
21 947.146 Control Release Authority.--
22 (3) Within 120 days prior to the date the state
23 correctional system is projected pursuant to s. 216.136 to
24 exceed 99 percent of total capacity, the authority shall
25 determine eligibility for and establish a control release date
26 for an appropriate number of parole ineligible inmates
27 committed to the department and incarcerated within the state
28 who have been determined by the authority to be eligible for
29 discretionary early release pursuant to this section. In
30 establishing control release dates, it is the intent of the
31 Legislature that the authority prioritize consideration of
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20-644A-05 See HB 233
1 eligible inmates closest to their tentative release date. The
2 authority shall rely upon commitment data on the offender
3 information system maintained by the department to initially
4 identify inmates who are to be reviewed for control release
5 consideration. The authority may use a method of objective
6 risk assessment in determining if an eligible inmate should be
7 released. Such assessment shall be a part of the department's
8 management information system. However, the authority shall
9 have sole responsibility for determining control release
10 eligibility, establishing a control release date, and
11 effectuating the release of a sufficient number of inmates to
12 maintain the inmate population between 99 percent and 100
13 percent of total capacity. Inmates who are ineligible for
14 control release are inmates who are parole eligible or inmates
15 who:
16 (j) Are convicted, or have been previously convicted,
17 of DUI manslaughter under s. 316.193(3)(c)3., and are
18 sentenced, or have been sentenced at any time, as a habitual
19 offender for such offense, or have been sentenced at any time
20 in another jurisdiction as a habitual offender for such
21 offense;
22
23 In making control release eligibility determinations under
24 this subsection, the authority may rely on any document
25 leading to or generated during the course of the criminal
26 proceedings, including, but not limited to, any presentence or
27 postsentence investigation or any information contained in
28 arrest reports relating to circumstances of the offense.
29 Section 9. For the purpose of incorporating the
30 amendment to section 782.071, Florida Statutes, in a reference
31
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1 thereto, paragraph (b) of subsection (3) of section 960.03,
2 Florida Statutes, is reenacted to read:
3 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
4 960.01-960.28, unless the context otherwise requires, the
5 term:
6 (3) "Crime" means:
7 (b) A violation of s. 316.193, s. 316.027(1), s.
8 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results
9 in physical injury or death; however, no other act involving
10 the operation of a motor vehicle, boat, or aircraft which
11 results in injury or death shall constitute a crime for the
12 purpose of this chapter unless the injury or death was
13 intentionally inflicted through the use of such vehicle, boat,
14 or aircraft or unless such vehicle, boat, or aircraft is an
15 implement of a crime to which this act applies.
16 Section 10. This act shall take effect October 1,
17 2005, and shall apply to offenses committed on or after that
18 date.
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