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 |
|
| |
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 |
|
| |
249 |
|
| |
838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
250 |
|
| |
838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
251 |
|
| |
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 |
|
| |
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 |
|
| |
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. |