HB 0233

CS

CHAMBER ACTION

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

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