Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 Floor: WD/2R .
05/02/2006 02:33 PM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Rich moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 2, between lines 6 and 7,
15
16 insert:
17 Section 3. Paragraph (b) of subsection (2) of section
18 39.301, Florida Statutes, is amended to read:
19 39.301 Initiation of protective investigations.--
20 (2)
21 (b) As used in this subsection, the term "criminal
22 conduct" means:
23 1. A child is known or suspected to be the victim of
24 child abuse, as defined in s. 827.03, or of neglect of a
25 child, as defined in s. 827.03, or of inappropriate or
26 excessively harsh corporal discipline, as defined in s.
27 827.032.
28 2. A child is known or suspected to have died as a
29 result of abuse or neglect.
30 3. A child is known or suspected to be the victim of
31 aggravated child abuse, as defined in s. 827.03.
1
1:07 PM 05/02/06 s2360c1c-34-c8y
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
1 4. A child is known or suspected to be the victim of
2 sexual battery, as defined in s. 827.071, or of sexual abuse,
3 as defined in s. 39.01.
4 5. A child is known or suspected to be the victim of
5 institutional child abuse or neglect, as defined in s. 39.01,
6 and as provided for in s. 39.302(1).
7 Section 4. Section 827.032, Florida Statutes, is
8 created to read:
9 827.032 Inappropriate or excessively harsh corporal
10 discipline; penalties.--
11 (1) As used in this section, the term "inappropriate
12 or excessively harsh corporal discipline" means:
13 (a) An act of discipline that results or could
14 reasonably be expected to result in any of the following or
15 other, similar injuries:
16 1. Sprains, dislocations, or cartilage damage.
17 2. Bone or skull fracture.
18 3. Brain or spinal cord damage.
19 4. Intracranial hemorrhage or injury to other internal
20 organs.
21 5. Asphyxiation, suffocation, or drowning.
22 6. Injury resulting from the use of a deadly weapon.
23 7. Burns or scalding.
24 8. Cuts, lacerations, punctures, or bites.
25 9. Disfigurement.
26 10. Loss or impairment of a body part or function.
27 11. Significant bruises or welts.
28 12. Mental injury, as defined in s. 39.01.
29 (2) A parent, legal custodian, or caregiver who
30 knowingly or willfully inflicts inappropriate or excessively
31 harsh corporal discipline upon a child commits a felony of the
2
1:07 PM 05/02/06 s2360c1c-34-c8y
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
1 third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 (3) This section does not preclude prosecution under
4 s. 827.03 when a violation of s. 827.03 is charged in lieu of
5 a violation of this section.
6 Section 5. Paragraph (f) of subsection (3) of section
7 921.0022, Florida Statutes, is amended to read:
8 921.0022 Criminal Punishment Code; offense severity
9 ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
11
12 Florida Felony
13 Statute Degree Description
14
15
16 (f) LEVEL 6
17 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
18 conviction.
19 499.0051(3) 2nd Forgery of pedigree papers.
20 499.0051(4) 2nd Purchase or receipt of legend
21 drug from unauthorized person.
22 499.0051(5) 2nd Sale of legend drug to
23 unauthorized person.
24 775.0875(1) 3rd Taking firearm from law
25 enforcement officer.
26 784.021(1)(a) 3rd Aggravated assault; deadly weapon
27 without intent to kill.
28 784.021(1)(b) 3rd Aggravated assault; intent to
29 commit felony.
30 784.041 3rd Felony battery.
31
3
1:07 PM 05/02/06 s2360c1c-34-c8y
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
1 784.048(3) 3rd Aggravated stalking; credible
2 threat.
3 784.048(5) 3rd Aggravated stalking of person
4 under 16.
5 784.07(2)(c) 2nd Aggravated assault on law
6 enforcement officer.
7 784.074(1)(b) 2nd Aggravated assault on sexually
8 violent predators facility staff.
9 784.08(2)(b) 2nd Aggravated assault on a person 65
10 years of age or older.
11 784.081(2) 2nd Aggravated assault on specified
12 official or employee.
13 784.082(2) 2nd Aggravated assault by detained
14 person on visitor or other
15 detainee.
16 784.083(2) 2nd Aggravated assault on code
17 inspector.
18 787.02(2) 3rd False imprisonment; restraining
19 with purpose other than those in
20 s. 787.01.
21 790.115(2)(d) 2nd Discharging firearm or weapon on
22 school property.
23 790.161(2) 2nd Make, possess, or throw
24 destructive device with intent to
25 do bodily harm or damage
26 property.
27 790.164(1) 2nd False report of deadly explosive,
28 weapon of mass destruction, or
29 act of arson or violence to state
30 property.
31
4
1:07 PM 05/02/06 s2360c1c-34-c8y
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
1 790.19 2nd Shooting or throwing deadly
2 missiles into dwellings, vessels,
3 or vehicles.
4 794.011(8)(a) 3rd Solicitation of minor to
5 participate in sexual activity by
6 custodial adult.
7 794.05(1) 2nd Unlawful sexual activity with
8 specified minor.
9 800.04(5)(d) 3rd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 less than 18 years.
13 800.04(6)(b) 2nd Lewd or lascivious conduct;
14 offender 18 years of age or
15 older.
16 806.031(2) 2nd Arson resulting in great bodily
17 harm to firefighter or any other
18 person.
19 810.02(3)(c) 2nd Burglary of occupied structure;
20 unarmed; no assault or battery.
21 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.015(9) 2nd Retail theft; property stolen
25 $300 or more; second or
26 subsequent conviction.
27 812.13(2)(c) 2nd Robbery, no firearm or other
28 weapon (strong-arm robbery).
29 817.034(4)(a)1. 1st Communications fraud, value
30 greater than $50,000.
31
5
1:07 PM 05/02/06 s2360c1c-34-c8y
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at less than $20,000.
14 827.03(1) 3rd Abuse of a child.
15 827.032 3rd Inappropriate or excessively
16 harsh corporal discipline by a
17 parent, legal custodian or
18 caregiver upon a child.
19 827.03(3)(c) 3rd Neglect of a child.
20 827.071(2)&(3) 2nd Use or induce a child in a sexual
21 performance, or promote or direct
22 such performance.
23 836.05 2nd Threats; extortion.
24 836.10 2nd Written threats to kill or do
25 bodily injury.
26 843.12 3rd Aids or assists person to escape.
27 847.0135(2) 3rd Facilitates sexual conduct of or
28 with a minor or the visual
29 depiction of such conduct.
30 914.23 2nd Retaliation against a witness,
31 victim, or informant, with bodily
6
1:07 PM 05/02/06 s2360c1c-34-c8y
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
1 injury.
2 944.35(3)(a)2. 3rd Committing malicious battery upon
3 or inflicting cruel or inhuman
4 treatment on an inmate or
5 offender on community
6 supervision, resulting in great
7 bodily harm.
8 944.40 2nd Escapes.
9 944.46 3rd Harboring, concealing, aiding
10 escaped prisoners.
11 944.47(1)(a)5. 2nd Introduction of contraband
12 (firearm, weapon, or explosive)
13 into correctional facility.
14 951.22(1) 3rd Intoxicating drug, firearm, or
15 weapon introduced into county
16 facility.
17
18 (Redesignate subsequent sections.)
19
20
21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 1, line 11, after the semicolon,
24
25 insert:
26 amending s. 39.301, F.S.; including allegations
27 of criminal conduct concerning s. 827.032,
28 F.S., in the allegations of child abuse which
29 the Department of Children and Family Services
30 must refer to certain law enforcement agencies;
31 creating s. 827.032, F.S.; defining the term
7
1:07 PM 05/02/06 s2360c1c-34-c8y
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 2360
Barcode 275662
1 "inappropriate or excessively harsh corporal
2 discipline"; prohibiting parents, legal
3 custodians, and caregivers from inflicting
4 inappropriate or excessively harsh corporal
5 discipline; providing penalties; providing
6 applicability; amending s. 921.0022, F.S.;
7 providing ranking on the offense severity
8 ranking chart;
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
8
1:07 PM 05/02/06 s2360c1c-34-c8y