Senate Bill sb2284

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    Florida Senate - 2006                                  SB 2284

    By Senator Alexander





    17-1670-06

  1                      A bill to be entitled

  2         An act relating to contributing to the

  3         delinquency of a child; amending s. 827.04,

  4         F.S.; providing that a person who induces or

  5         endeavors to induce a child to commit or

  6         perform any act that would be a misdemeanor if

  7         committed by an adult commits a misdemeanor of

  8         the first degree; providing that a person who

  9         induces or endeavors to induce a child to

10         commit or perform any act that would be a

11         felony if committed by an adult commits a

12         felony of the third degree; providing criminal

13         penalties; amending ss. 39.201, 90.4025,

14         382.356, 409.2355, 742.107, and 921.0022, F.S.;

15         conforming cross-references; providing an

16         effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Section 827.04, Florida Statutes, is

21  amended to read:

22         827.04  Contributing to the delinquency or dependency

23  of a child; penalty.--

24         (1)  Any person who:

25         (a)  Commits any act that which causes, tends to cause,

26  encourages, or contributes to a child becoming a delinquent or

27  dependent child or a child in need of services; or

28         (b)  Induces or endeavors to induce, by act, threat,

29  command, or persuasion, a child to commit or perform any act

30  that would be a misdemeanor if committed by an adult, follow

31  any course of conduct, or live in a manner that causes or

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    Florida Senate - 2006                                  SB 2284
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 1  tends to cause the such child to become or to remain a

 2  dependent or delinquent child or a child in need of services,

 3  

 4  commits a misdemeanor of the first degree, punishable as

 5  provided in s. 775.082 or s. 775.083.

 6         (2)  Any person who induces or endeavors to induce, by

 7  act, threat, command, or persuasion, a child to commit or

 8  perform any act that would be a felony if committed by an

 9  adult commits a felony of the third degree, punishable as

10  provided in s. 775.082, S. 775.083, or s.775.084.

11         (3)(2)  It is not necessary for any court exercising

12  juvenile jurisdiction to make an adjudication that any child

13  is delinquent or dependent or a child in need of services in

14  order to prosecute a violation of this section.  An

15  adjudication that a child is delinquent or dependent or a

16  child in need of services shall not preclude a subsequent

17  prosecution of a violation of this section.

18         (4)(3)  A person 21 years of age or older who

19  impregnates a child under 16 years of age commits an act of

20  child abuse which constitutes a felony of the third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084. A person who impregnates a child in violation of this

23  subsection commits an offense under this subsection regardless

24  of whether the person is found to have committed, or has been

25  charged with or prosecuted for, any other offense committed

26  during the course of the same criminal transaction or episode,

27  including, but not limited to, an offense proscribed under s.

28  800.04, relating to lewd, lascivious, or indecent assault or

29  act upon any person under 16 years of age. Neither the

30  victim's lack of chastity nor the victim's consent is a

31  defense to the crime proscribed under this subsection.

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 1         Section 2.  Paragraphs (a) and (d) of subsection (2) of

 2  section 39.201, Florida Statutes, are amended to read:

 3         39.201  Mandatory reports of child abuse, abandonment,

 4  or neglect; mandatory reports of death; central abuse

 5  hotline.--

 6         (2)(a)  Each report of known or suspected child abuse,

 7  abandonment, or neglect by a parent, legal custodian,

 8  caregiver, or other person responsible for the child's welfare

 9  as defined in this chapter, except those solely under s.

10  827.04(4) s. 827.04(3), shall be made immediately to the

11  department's central abuse hotline on the single statewide

12  toll-free telephone number. Personnel at the department's

13  central abuse hotline shall determine if the report received

14  meets the statutory definition of child abuse, abandonment, or

15  neglect. Any report meeting one of these definitions shall be

16  accepted for the protective investigation pursuant to part III

17  of this chapter.

18         (d)  If the report is of an instance of known or

19  suspected child abuse involving impregnation of a child under

20  16 years of age by a person 21 years of age or older solely

21  under s. 827.04(4) s. 827.04(3), the report shall be made

22  immediately to the appropriate county sheriff's office or

23  other appropriate law enforcement agency. If the report is of

24  an instance of known or suspected child abuse solely under s.

25  827.04(4) s. 827.04(3), the reporting provisions of this

26  subsection do not apply to health care professionals or other

27  persons who provide medical or counseling services to pregnant

28  children when such reporting would interfere with the

29  provision of medical services.

30         Section 3.  Section 90.4025, Florida Statutes, is

31  amended to read:

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 1         90.4025  Admissibility of paternity determination in

 2  certain criminal prosecutions.--If a person less than 18 years

 3  of age gives birth to a child and the paternity of that child

 4  is established under chapter 742, such evidence of paternity

 5  is admissible in a criminal prosecution under ss. 794.011,

 6  794.05, 800.04, and 827.04(4) 827.04(3).

 7         Section 4.  Section 382.356, Florida Statutes, is

 8  amended to read:

 9         382.356  Protocol for sharing certain birth certificate

10  information.--In order to facilitate the prosecution of

11  offenses under s. 794.011, s. 794.05, s. 800.04, or s.

12  827.04(4) s. 827.04(3), the Department of Health, the

13  Department of Revenue, and the Florida Prosecuting Attorneys

14  Association shall develop a protocol for sharing birth

15  certificate information for all children born to unmarried

16  mothers who are less than 17 years of age at the time of the

17  child's birth.

18         Section 5.  Section 409.2355, Florida Statutes, is

19  amended to read:

20         409.2355  Programs for prosecution of males over age 21

21  who commit certain offenses involving girls under age

22  16.--Subject to specific appropriated funds, the Department of

23  Children and Family Services is directed to establish a

24  program by which local communities, through the state

25  attorney's office of each judicial circuit, may apply for

26  grants to fund innovative programs for the prosecution of

27  males over the age of 21 who victimize girls under the age of

28  16 in violation of s. 794.011, s. 794.05, s. 800.04, or s.

29  827.04(4) s. 827.04(3).

30         Section 6.  Subsection (4) of section 742.107, Florida

31  Statutes, is amended to read:

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 1         742.107  Determining paternity of child with mother

 2  under 16 years of age when impregnated.--

 3         (4)  When the information provided by the applicant or

 4  recipient who was impregnated while under age 16 indicates

 5  that such person is the victim of child abuse as provided in

 6  s. 827.04(4) s. 827.04(3), the Department of Revenue or the

 7  Department of Children and Family Services shall notify the

 8  county sheriff's office or other appropriate agency or

 9  official and provide information needed to protect the child's

10  health or welfare.

11         Section 7.  Paragraph (g) of subsection (3) of section

12  921.0022, Florida Statutes, is amended to read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16  

17  Florida           Felony

18  Statute           Degree             Description

19  

20                     

21                              (g)  LEVEL 7

22  316.027(1)(b)      2nd      Accident involving death, failure

23                              to stop; leaving scene.

24  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

25                              injury.

26  

27  

28  

29  

30  

31  

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 1  316.1935(3)(b)     1st      Causing serious bodily injury or

 2                              death to another person; driving

 3                              at high speed or with wanton

 4                              disregard for safety while

 5                              fleeing or attempting to elude

 6                              law enforcement officer who is in

 7                              a patrol vehicle with siren and

 8                              lights activated.

 9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  456.065(2)         3rd      Practicing a health care

18                              profession without a license.

19  456.065(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

31  

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 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  

30  

31  

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 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  775.21(10)(a)      3rd      Sexual predator; failure to

14                              register; failure to renew

15                              driver's license or

16                              identification card; other

17                              registration violations.

18  775.21(10)(b)      3rd      Sexual predator working where

19                              children regularly congregate.

20  775.21(10)(g)      3rd      Failure to report or providing

21                              false information about a sexual

22                              predator; harbor or conceal a

23                              sexual predator.

24  782.051(3)         2nd      Attempted felony murder of a

25                              person by a person other than the

26                              perpetrator or the perpetrator of

27                              an attempted felony.

28  782.07(1)          2nd      Killing of a human being by the

29                              act, procurement, or culpable

30                              negligence of another

31                              (manslaughter).

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 1  782.071            2nd      Killing of human being or viable

 2                              fetus by the operation of a motor

 3                              vehicle in a reckless manner

 4                              (vehicular homicide).

 5  782.072            2nd      Killing of a human being by the

 6                              operation of a vessel in a

 7                              reckless manner (vessel

 8                              homicide).

 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.048(7)         3rd      Aggravated stalking; violation of

19                              court order.

20  784.07(2)(d)       1st      Aggravated battery on law

21                              enforcement officer.

22  784.074(1)(a)      1st      Aggravated battery on sexually

23                              violent predators facility staff.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

31  

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 1  784.083(1)         1st      Aggravated battery on code

 2                              inspector.

 3  790.07(4)          1st      Specified weapons violation

 4                              subsequent to previous conviction

 5                              of s. 790.07(1) or (2).

 6  790.16(1)          1st      Discharge of a machine gun under

 7                              specified circumstances.

 8  790.165(2)         2nd      Manufacture, sell, possess, or

 9                              deliver hoax bomb.

10  790.165(3)         2nd      Possessing, displaying, or

11                              threatening to use any hoax bomb

12                              while committing or attempting to

13                              commit a felony.

14  790.166(3)         2nd      Possessing, selling, using, or

15                              attempting to use a hoax weapon

16                              of mass destruction.

17  790.166(4)         2nd      Possessing, displaying, or

18                              threatening to use a hoax weapon

19                              of mass destruction while

20                              committing or attempting to

21                              commit a felony.

22  796.03             2nd      Procuring any person under 16

23                              years for prostitution.

24  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

25                              victim less than 12 years of age;

26                              offender less than 18 years.

27  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

28                              victim 12 years of age or older

29                              but less than 16 years; offender

30                              18 years or older.

31  

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 1  806.01(2)          2nd      Maliciously damage structure by

 2                              fire or explosive.

 3  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 6                              unarmed; no assault or battery.

 7  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 8                              unarmed; no assault or battery.

 9  812.014(2)(a)1.    1st      Property stolen, valued at

10                              $100,000 or more; property stolen

11                              while causing other property

12                              damage; 1st degree grand theft.

13  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

14                              less than $50,000, grand theft in

15                              2nd degree.

16  812.014(2)(b)3.    2nd      Property stolen, emergency

17                              medical equipment; 2nd degree

18                              grand theft.

19  812.0145(2)(a)     1st      Theft from person 65 years of age

20                              or older; $50,000 or more.

21  812.019(2)         1st      Stolen property; initiates,

22                              organizes, plans, etc., the theft

23                              of property and traffics in

24                              stolen property.

25  812.131(2)(a)      2nd      Robbery by sudden snatching.

26  812.133(2)(b)      1st      Carjacking; no firearm, deadly

27                              weapon, or other weapon.

28  817.234(8)(a)      2nd      Solicitation of motor vehicle

29                              accident victims with intent to

30                              defraud.

31  

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 1  817.234(9)         2nd      Organizing, planning, or

 2                              participating in an intentional

 3                              motor vehicle collision.

 4  817.234(11)(c)     1st      Insurance fraud; property value

 5                              $100,000 or more.

 6  817.2341(2)(b)&

 7   (3)(b)            1st      Making false entries of material

 8                              fact or false statements

 9                              regarding property values

10                              relating to the solvency of an

11                              insuring entity which are a

12                              significant cause of the

13                              insolvency of that entity.

14  825.102(3)(b)      2nd      Neglecting an elderly person or

15                              disabled adult causing great

16                              bodily harm, disability, or

17                              disfigurement.

18  825.103(2)(b)      2nd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at $20,000 or more, but

21                              less than $100,000.

22  827.03(3)(b)       2nd      Neglect of a child causing great

23                              bodily harm, disability, or

24                              disfigurement.

25  827.04(4)(3)       3rd      Impregnation of a child under 16

26                              years of age by person 21 years

27                              of age or older.

28  837.05(2)          3rd      Giving false information about

29                              alleged capital felony to a law

30                              enforcement officer.

31  838.015            2nd      Bribery.

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 1  838.016            2nd      Unlawful compensation or reward

 2                              for official behavior.

 3  838.021(3)(a)      2nd      Unlawful harm to a public

 4                              servant.

 5  838.22             2nd      Bid tampering.

 6  847.0135(3)        3rd      Solicitation of a child, via a

 7                              computer service, to commit an

 8                              unlawful sex act.

 9  872.06             2nd      Abuse of a dead human body.

10  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), (2)(b), or

14                              (2)(c)4.) within 1,000 feet of a

15                              child care facility, school, or

16                              state, county, or municipal park

17                              or publicly owned recreational

18                              facility or community center.

19  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

20                              cocaine or other drug prohibited

21                              under s. 893.03(1)(a), (1)(b),

22                              (1)(d), (2)(a), (2)(b), or

23                              (2)(c)4., within 1,000 feet of

24                              property used for religious

25                              services or a specified business

26                              site.

27  893.13(4)(a)       1st      Deliver to minor cocaine (or

28                              other s. 893.03(1)(a), (1)(b),

29                              (1)(d), (2)(a), (2)(b), or

30                              (2)(c)4. drugs).

31  

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 1  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 2                              than 25 lbs., less than 2,000

 3                              lbs.

 4  893.135

 5   (1)(b)1.a.        1st      Trafficking in cocaine, more than

 6                              28 grams, less than 200 grams.

 7  893.135

 8   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 9                              more than 4 grams, less than 14

10                              grams.

11  893.135

12   (1)(d)1.          1st      Trafficking in phencyclidine,

13                              more than 28 grams, less than 200

14                              grams.

15  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

16                              than 200 grams, less than 5

17                              kilograms.

18  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

19                              than 14 grams, less than 28

20                              grams.

21  893.135

22   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

23                              grams or more, less than 14

24                              grams.

25  893.135

26   (1)(h)1.a.        1st      Trafficking in

27                              gamma-hydroxybutyric acid (GHB),

28                              1 kilogram or more, less than 5

29                              kilograms.

30  

31  

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 1  893.135

 2   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

 3                              kilogram or more, less than 5

 4                              kilograms.

 5  893.135

 6   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

 7                              10 grams or more, less than 200

 8                              grams.

 9  896.101(5)(a)      3rd      Money laundering, financial

10                              transactions exceeding $300 but

11                              less than $20,000.

12  896.104(4)(a)1.    3rd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  943.0435(4)(c)     2nd      Sexual offender vacating

18                              permanent residence; failure to

19                              comply with reporting

20                              requirements.

21  943.0435(8)        2nd      Sexual offender; remains in state

22                              after indicating intent to leave;

23                              failure to comply with reporting

24                              requirements.

25  943.0435(9)(a)     3rd      Sexual offender; failure to

26                              comply with reporting

27                              requirements.

28  943.0435(13)       3rd      Failure to report or providing

29                              false information about a sexual

30                              offender; harbor or conceal a

31                              sexual offender.

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 1  943.0435(14)       3rd      Sexual offender; failure to

 2                              report and reregister; failure to

 3                              respond to address verification.

 4  944.607(9)         3rd      Sexual offender; failure to

 5                              comply with reporting

 6                              requirements.

 7  944.607(10)(a)     3rd      Sexual offender; failure to

 8                              submit to the taking of a

 9                              digitized photograph.

10  944.607(12)        3rd      Failure to report or providing

11                              false information about a sexual

12                              offender; harbor or conceal a

13                              sexual offender.

14  944.607(13)        3rd      Sexual offender; failure to

15                              report and reregister; failure to

16                              respond to address verification.

17         Section 8.  This act shall take effect July 1, 2006.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Provides that a person who induces or endeavors to induce
      a child to commit or perform any act that would be a
22    misdemeanor if committed by an adult commits a
      misdemeanor of the first degree. Provides that a person
23    who induces or endeavors to induce a child to commit or
      perform any act that would be a felony if committed by an
24    adult commits a felony of the third degree. Provides
      criminal penalties.
25  

26  

27  

28  

29  

30  

31  

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