Senate Bill sb2284
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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:
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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:
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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).
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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.
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2284
17-1670-06
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
16
CODING: Words stricken are deletions; words underlined are additions.