Senate Bill sb1526

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

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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:

31  

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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  

31  

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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.

31  

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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.

30  

31  

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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.

29  

30  

31  

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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  

30  

31  

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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.

                                  17

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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  

31  

                                  18

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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.

                                  19

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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  

31  

                                  20

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    Florida Senate - 2005                                  SB 1526
    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  

31  

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    Florida Senate - 2005                                  SB 1526
    20-644A-05                                          See HB 233




 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.

31  

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    Florida Senate - 2005                                  SB 1526
    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.

31  

                                  23

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    Florida Senate - 2005                                  SB 1526
    20-644A-05                                          See HB 233




 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  

31  

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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.

31  

                                  25

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    Florida Senate - 2005                                  SB 1526
    20-644A-05                                          See HB 233




 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

                                  26

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    Florida Senate - 2005                                  SB 1526
    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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    Florida Senate - 2005                                  SB 1526
    20-644A-05                                          See HB 233




 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.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  28

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