Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 2360
                        Barcode 371474
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/03/2006 11:19 AM         .                    
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11  Senators Rich and Atwater moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 6 and 7,
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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.
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    2:27 PM   05/02/06                             s2360c1c-34-z8i

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2360 Barcode 371474 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 2:27 PM 05/02/06 s2360c1c-34-z8i
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2360 Barcode 371474 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 2:27 PM 05/02/06 s2360c1c-34-z8i
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2360 Barcode 371474 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 2:27 PM 05/02/06 s2360c1c-34-z8i
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2360 Barcode 371474 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 2:27 PM 05/02/06 s2360c1c-34-z8i
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2360 Barcode 371474 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 2:27 PM 05/02/06 s2360c1c-34-z8i
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2360 Barcode 371474 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 2:27 PM 05/02/06 s2360c1c-34-z8i
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 2360 Barcode 371474 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 2:27 PM 05/02/06 s2360c1c-34-z8i