HB 0233

1	A bill to be entitled
2	An act relating to homicide of an unborn quick child;
3	amending s. 316.193, F.S.; including the death of an
4	unborn quick child under DUI manslaughter; amending s.
5	782.071, F.S.; making the killing of an unborn quick child
6	rather than the killing of a viable fetus a "vehicular
7	homicide"; deleting a provision describing the viability
8	of a fetus; amending s. 782.09, F.S.; defining the term
9	"unborn quick child"; providing that killing an unborn
10	quick child by injury to the mother that would be murder
11	in any degree if it resulted in the death of the mother is
12	murder in the same degree; providing penalties; providing
13	that the unlawful killing of an unborn quick child by
14	injury to the mother that would be manslaughter if it
15	resulted in the death of the mother is manslaughter;
16	providing penalties; providing that the death of the
17	mother does not bar prosecution under specified
18	circumstances; providing that the section does not
19	authorize prosecution of a person in connection with a
20	termination of pregnancy; amending ss. 435.03 and 435.04,
21	F.S., to conform language to changes made by s. 782.09,
22	F.S., and reenacting ss. 435.03(2)(f) and 435.04(2)(f),
23	F.S., relating to Level 1 and Level 2 screening standards,
24	respectively, to incorporate the amendment to s. 782.071,
25	F.S., in references thereto; amending s. 921.0022, F.S.,
26	relating to the Criminal Punishment Code offense severity
27	ranking chart, to conform provisions to changes made by
28	the act, and reenacting paragraphs (3)(h) and (i), to
29	incorporate the amendments to ss. 316.193 and 782.071,
30	F.S., in references thereto; reenacting s. 316.656(3),
31	F.S., relating to mandatory adjudication, to incorporate
32	the amendment to s. 316.193, F.S., in a reference thereto;
33	reenacting s. 947.146(3)(j), F.S., relating to the Control
34	Release Authority, to incorporate the amendment to s.
35	316.193, F.S., in a reference thereto; reenacting s.
36	960.03(3)(b), F.S., relating to the definition of "crime"
37	under the Florida Crimes Compensation Act, to incorporate
38	the amendment to s. 782.071, F.S., in a reference thereto;
39	providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Subsection (3) of section 316.193, Florida
44	Statutes, is amended to read:
45	316.193  Driving under the influence; penalties.--
46	(3)  Any person:
47	(a)  Who is in violation of subsection (1);
48	(b)  Who operates a vehicle; and
49	(c)  Who, by reason of such operation, causes or
50	contributes to causing:
51	1.  Damage to the property or person of another commits a
52	misdemeanor of the first degree, punishable as provided in s.
53	775.082 or s. 775.083.
54	2.  Serious bodily injury to another, as defined in s.
55	316.1933, commits a felony of the third degree, punishable as
56	provided in s. 775.082, s. 775.083, or s. 775.084.
57	3.  The death of any human being or unborn quick child as
58	defined in s. 782.09 commits DUI manslaughter, and commits:
59	a.  A felony of the second degree, punishable as provided
60	in s. 775.082, s. 775.083, or s. 775.084.
61	b.  A felony of the first degree, punishable as provided in
62	s. 775.082, s. 775.083, or s. 775.084, if:
63	(I)  At the time of the crash, the person knew, or should
64	have known, that the crash occurred; and
65	(II)  The person failed to give information and render aid
66	as required by s. 316.062.
67	Section 2.  Section 782.071, Florida Statutes, is amended
68	to read:
69	782.071  Vehicular homicide.--"Vehicular homicide" is the
70	killing of a human being, or the killing of an unborn quick
71	child as defined in s. 782.09 a viable fetus by any injury to
72	the mother, caused by the operation of a motor vehicle by
73	another in a reckless manner likely to cause the death of, or
74	great bodily harm to, another.
75	(1)  Vehicular homicide is:
76	(a)  A felony of the second degree, punishable as provided
77	in s. 775.082, s. 775.083, or s. 775.084.
78	(b)  A felony of the first degree, punishable as provided
79	in s. 775.082, s. 775.083, or s. 775.084, if:
80	1.  At the time of the accident, the person knew, or should
81	have known, that the accident occurred; and
82	2.  The person failed to give information and render aid as
83	required by s. 316.062.
84
85	This paragraph does not require that the person knew that the
86	accident resulted in injury or death.
87	(2)  For purposes of this section, a fetus is viable when
88	it becomes capable of meaningful life outside the womb through
89	standard medical measures.
90	(2)(3)  A right of action for civil damages shall exist
91	under s. 768.19, under all circumstances, for all deaths
92	described in this section.
93	(3)(4)  In addition to any other punishment, the court may
94	order the person to serve 120 community service hours in a
95	trauma center or hospital that regularly receives victims of
96	vehicle accidents, under the supervision of a registered nurse,
97	an emergency room physician, or an emergency medical technician
98	pursuant to a voluntary community service program operated by
99	the trauma center or hospital.
100	Section 3.  Section 782.09, Florida Statutes, is amended to
101	read:
102	782.09  Killing of unborn quick child by injury to
103	mother.--
104	(1)  The term "unborn quick child" means the unborn child
105	of a pregnant woman that has developed to the point of maturity
106	at which its movements can be felt in its mother, or at which
107	the unborn child becomes capable of meaningful life outside the
108	womb through standard medical measures.
109	(2)  The unlawful willful killing of an unborn quick child,
110	by any injury to the mother of such child which would be murder
111	if it resulted in the death of such mother, shall be deemed
112	murder in the same degree as that which would have been
113	committed against the mother. A person who unlawfully kills an
114	unborn quick child by any injury to the mother:
115	(a)  Which would be murder in the first degree constituting
116	a capital felony if it resulted in the mother's death commits
117	murder in the first degree constituting a capital felony,
118	punishable as provided in s. 775.082.
119	(b)  Which would be murder in the second degree if it
120	resulted in the mother's death commits murder in the second
121	degree, a felony of the first degree, punishable as provided in
122	s. 775.082, s. 775.083, or s. 775.084.
123	(c)  Which would be murder in the third degree if it
124	resulted in the mother's death commits murder in the third
125	degree manslaughter, a felony of the second degree, punishable
126	as provided in s. 775.082, s. 775.083, or s. 775.084.
127	(3)  The unlawful killing of an unborn quick child by any
128	injury to the mother of such child which would be manslaughter
129	if it resulted in the death of such mother shall be deemed
130	manslaughter. A person who unlawfully kills an unborn quick
131	child by any injury to the mother which would be manslaughter if
132	it resulted in the mother's death commits manslaughter, a felony
133	of the second degree, punishable as provided in s. 775.082, s.
134	775.083, or s. 775.084.
135	(4)  The death of the mother resulting from the same act or
136	criminal episode that caused the death of the unborn quick child
137	shall not bar prosecution under this section.
138	(5)  This section does not authorize the prosecution of any
139	person in connection with a termination of pregnancy pursuant to
140	chapter 390.
141	Section 4.  Paragraph (f) of subsection (2) of section
142	435.03, Florida Statutes, is reenacted, and paragraph (g) of
143	said subsection is amended, to read:
144	435.03  Level 1 screening standards.--
145	(2)  Any person for whom employment screening is required
146	by statute must not have been found guilty of, regardless of
147	adjudication, or entered a plea of nolo contendere or guilty to,
148	any offense prohibited under any of the following provisions of
149	the Florida Statutes or under any similar statute of another
150	jurisdiction:
151	(f)  Section 782.071, relating to vehicular homicide.
152	(g)  Section 782.09, relating to killing of an unborn quick
153	child by injury to the mother.
154	Section 5.  Paragraph (f) of subsection (2) of section
155	435.04, Florida Statutes, is reenacted, and paragraph (g) of
156	said subsection is amended, to read:
157	435.04  Level 2 screening standards.--
158	(2)  The security background investigations under this
159	section must ensure that no persons subject to the provisions of
160	this section have been found guilty of, regardless of
161	adjudication, or entered a plea of nolo contendere or guilty to,
162	any offense prohibited under any of the following provisions of
163	the Florida Statutes or under any similar statute of another
164	jurisdiction:
165	(f)  Section 782.071, relating to vehicular homicide.
166	(g)  Section 782.09, relating to killing of an unborn quick
167	child by injury to the mother.
168	Section 6.  Paragraphs (h) and (i) of subsection (3) of
169	section 921.0022, Florida Statutes, are reenacted, and paragraph
170	(g) of said subsection is amended, to read:
171	921.0022  Criminal Punishment Code; offense severity
172	ranking chart.--
173	(3)  OFFENSE SEVERITY RANKING CHART
174
	FloridaStatute FelonyDegree Description
175
176
	(g)  LEVEL 7
177
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
178
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
179
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
180
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
181
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
182
	409.920(2) 3rd Medicaid provider fraud.
183
	456.065(2) 3rd Practicing a health care profession without a license.
184
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
185
	458.327(1) 3rd Practicing medicine without a license.
186
	459.013(1) 3rd Practicing osteopathic medicine without a license.
187
	460.411(1) 3rd Practicing chiropractic medicine without a license.
188
	461.012(1) 3rd Practicing podiatric medicine without a license.
189
	462.17 3rd Practicing naturopathy without a license.
190
	463.015(1) 3rd Practicing optometry without a license.
191
	464.016(1) 3rd Practicing nursing without a license.
192
	465.015(2) 3rd Practicing pharmacy without a license.
193
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
194
	467.201 3rd Practicing midwifery without a license.
195
	468.366 3rd Delivering respiratory care services without a license.
196
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
197
	483.901(9) 3rd Practicing medical physics without a license.
198
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
199
	484.053 3rd Dispensing hearing aids without a license.
200
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
201
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
202
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
203
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
204
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
205
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
206
	782.071(1) 2nd Killing of human being or unborn quick child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
207
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
208
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
209
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
210
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
211
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
212
	784.048(7) 3rd Aggravated stalking; violation of court order.
213
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
214
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
215
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
216
	784.081(1) 1st Aggravated battery on specified official or employee.
217
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
218
	784.083(1) 1st Aggravated battery on code inspector.
219
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
220
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
221
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
222
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
223
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
224
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
225
	796.03 2nd Procuring any person under 16 years for prostitution.
226
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
227
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
228
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
229
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
230
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
231
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
232
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
233
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
234
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
235
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
236
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
237
	812.131(2)(a) 2nd Robbery by sudden snatching.
238
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
239
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
240
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
241
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
242
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
243
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
244
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
245
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
246
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
247
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
248
	838.015 2nd Bribery.
249
	838.016 2nd Unlawful compensation or reward for official behavior.
250
	838.021(3)(a) 2nd Unlawful harm to a public servant.
251
	838.22 2nd Bid tampering.
252
	872.06 2nd Abuse of a dead human body.
253
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
254
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
255
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
256
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
257
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
258
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
259
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
260
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
261
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
262
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
263
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
264
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
265
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
266
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
267
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
268
	(h)  LEVEL 8
269
	316.193(3)(c)3.a. 2nd DUI manslaughter.
270
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
271
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
272
	499.0051(7) 1st Forgery of prescription or legend drug labels.
273
	499.0052 1st Trafficking in contraband legend drugs.
274
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
275
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
276
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
277
	777.03(2)(a) 1st Accessory after the fact, capital felony.
278
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
279
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
280
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
281
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
282
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
283
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
284
	800.04(4) 2nd Lewd or lascivious battery.
285
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
286
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
287
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
288
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
289
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
290
	812.13(2)(b) 1st Robbery with a weapon.
291
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
292
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
293
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
294
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
295
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
296
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
297
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
298
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
299
	860.16 1st Aircraft piracy.
300
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
301
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
302
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
303
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
304
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
305
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
306
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
307
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
308
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
309
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
310
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
311
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
312
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
313
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
314
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
315
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
316
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
317
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
318
	(i)  LEVEL 9
319
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
320
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
321
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
322
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
323
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
324
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
325
	775.0844 1st Aggravated white collar crime.
326
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
327
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
328
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
329
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
330
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
331
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
332
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
333
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
334
	790.161 1st Attempted capital destructive device offense.
335
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
336
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
337
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
338
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
339
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
340
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
341
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
342
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
343
	812.135(2)(b) 1st Home-invasion robbery with weapon.
344
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
345
	827.03(2) 1st Aggravated child abuse.
346
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
347
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
348
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
349
	893.135 1st Attempted capital trafficking offense.
350
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
351
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
352
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
353
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
354
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
355
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
356
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
357
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
358
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
359
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
360
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
361
362	Section 7.  For the purpose of incorporating the amendment
363	to section 316.193, Florida Statutes, in a reference thereto,
364	subsection (1) of section 316.656, Florida Statutes, is
365	reenacted to read:
366	316.656  Mandatory adjudication; prohibition against
367	accepting plea to lesser included offense.--
368	(1)  Notwithstanding the provisions of s. 948.01, no court
369	may suspend, defer, or withhold adjudication of guilt or
370	imposition of sentence for any violation of s. 316.193, for
371	manslaughter resulting from the operation of a motor vehicle, or
372	for vehicular homicide.
373	Section 8.  For the purpose of incorporating the amendment
374	to section 316.193, Florida Statutes, in a reference thereto,
375	paragraph (j) of subsection (3) of section 947.146, Florida
376	Statutes, is reenacted to read:
377	947.146  Control Release Authority.--
378	(3)  Within 120 days prior to the date the state
379	correctional system is projected pursuant to s. 216.136 to
380	exceed 99 percent of total capacity, the authority shall
381	determine eligibility for and establish a control release date
382	for an appropriate number of parole ineligible inmates committed
383	to the department and incarcerated within the state who have
384	been determined by the authority to be eligible for
385	discretionary early release pursuant to this section. In
386	establishing control release dates, it is the intent of the
387	Legislature that the authority prioritize consideration of
388	eligible inmates closest to their tentative release date. The
389	authority shall rely upon commitment data on the offender
390	information system maintained by the department to initially
391	identify inmates who are to be reviewed for control release
392	consideration. The authority may use a method of objective risk
393	assessment in determining if an eligible inmate should be
394	released. Such assessment shall be a part of the department's
395	management information system. However, the authority shall have
396	sole responsibility for determining control release eligibility,
397	establishing a control release date, and effectuating the
398	release of a sufficient number of inmates to maintain the inmate
399	population between 99 percent and 100 percent of total capacity.
400	Inmates who are ineligible for control release are inmates who
401	are parole eligible or inmates who:
402	(j)  Are convicted, or have been previously convicted, of
403	DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
404	have been sentenced at any time, as a habitual offender for such
405	offense, or have been sentenced at any time in another
406	jurisdiction as a habitual offender for such offense;
407
408	In making control release eligibility determinations under this
409	subsection, the authority may rely on any document leading to or
410	generated during the course of the criminal proceedings,
411	including, but not limited to, any presentence or postsentence
412	investigation or any information contained in arrest reports
413	relating to circumstances of the offense.
414	Section 9.  For the purpose of incorporating the amendment
415	to section 782.071, Florida Statutes, in a reference thereto,
416	paragraph (b) of subsection (3) of section 960.03, Florida
417	Statutes, is reenacted to read:
418	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
419	960.01-960.28, unless the context otherwise requires, the term:
420	(3)  "Crime" means:
421	(b)  A violation of s. 316.193, s. 316.027(1), s.
422	327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
423	physical injury or death; however, no other act involving the
424	operation of a motor vehicle, boat, or aircraft which results in
425	injury or death shall constitute a crime for the purpose of this
426	chapter unless the injury or death was intentionally inflicted
427	through the use of such vehicle, boat, or aircraft or unless
428	such vehicle, boat, or aircraft is an implement of a crime to
429	which this act applies.
430	Section 10.  This act shall take effect October 1, 2005,
431	and shall apply to offenses committed on or after that date.

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