Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 708
Barcode 430142
CHAMBER ACTION
Senate House
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3 Floor: 1/AD/2R .
04/21/2006 10:55 AM .
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11 Senator Webster moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 19 and 20,
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16 insert:
17 Section 2. For the purpose of incorporating the
18 amendment made by this act to section 787.03, Florida
19 Statutes, in a reference thereto, paragraph (b) of subsection
20 (6) of section 61.45, Florida Statutes, is reenacted to read:
21 61.45 Court order of visitation or custody; risk of
22 violation; bond.--
23 (6)
24 (b) This section, including the requirement to post a
25 bond or other security, does not apply to a parent who, in a
26 proceeding to order or modify child custody or visitation, the
27 court determines is a victim of an act of domestic violence or
28 has reasonable cause to believe he or she is about to become
29 the victim of an act of domestic violence, as defined in s.
30 741.28. An injunction for protection against domestic violence
31 issued pursuant to s. 741.30 for a parent as the petitioner
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 708
Barcode 430142
1 which is in effect at the time of the court proceeding shall
2 be one means of demonstrating sufficient evidence that the
3 parent is a victim of domestic violence or is about to become
4 the victim of an act of domestic violence, as defined in s.
5 741.28, and shall exempt the parent from this section,
6 including the requirement to post a bond or other security. A
7 parent who is determined by the court to be exempt from the
8 requirements of this section must meet the requirements of s.
9 787.03(6) if an offense of interference with custody is
10 committed.
11 Section 3. For the purpose of incorporating the
12 amendment made by this act to section 787.03, Florida
13 Statutes, in a reference thereto, paragraph (a) of subsection
14 (7) of section 933.18, Florida Statutes, is reenacted to read:
15 933.18 When warrant may be issued for search of
16 private dwelling.--No search warrant shall issue under this
17 chapter or under any other law of this state to search any
18 private dwelling occupied as such unless:
19 (7) One or more of the following misdemeanor child
20 abuse offenses is being committed there:
21 (a) Interference with custody, in violation of s.
22 787.03.
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24 If, during a search pursuant to a warrant issued under this
25 section, a child is discovered and appears to be in imminent
26 danger, the law enforcement officer conducting such search may
27 remove the child from the private dwelling and take the child
28 into protective custody pursuant to chapter 39. The term
29 "private dwelling" shall be construed to include the room or
30 rooms used and occupied, not transiently but solely as a
31 residence, in an apartment house, hotel, boardinghouse, or
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 708
Barcode 430142
1 lodginghouse. No warrant shall be issued for the search of any
2 private dwelling under any of the conditions hereinabove
3 mentioned except on sworn proof by affidavit of some
4 creditable witness that he or she has reason to believe that
5 one of said conditions exists, which affidavit shall set forth
6 the facts on which such reason for belief is based.
7 Section 4. Paragraph (d) of subsection (3) of section
8 921.0022, Florida Statutes, is reenacted and amended to read:
9 921.0022 Criminal Punishment Code; offense severity
10 ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
12 Florida Felony Description
13 Statute Degree
14 (d) LEVEL 4
15 316.1935(3)(a) 2nd Driving at high speed or with
16 wanton disregard for safety while
17 fleeing or attempting to elude
18 law enforcement officer who is in
19 a patrol vehicle with siren and
20 lights activated.
21 499.0051(1) 3rd Failure to maintain or deliver
22 pedigree papers.
23 499.0051(2) 3rd Failure to authenticate pedigree
24 papers.
25 499.0051(6) 2nd Sale or delivery, or possession
26 with intent to sell, contraband
27 legend drugs.
28 784.07(2)(b) 3rd Battery of law enforcement
29 officer, firefighter, intake
30 officer, etc.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 708
Barcode 430142
1 784.074(1)(c) 3rd Battery of sexually violent
2 predators facility staff.
3 784.075 3rd Battery on detention or
4 commitment facility staff.
5 784.078 3rd Battery of facility employee by
6 throwing, tossing, or expelling
7 certain fluids or materials.
8 784.08(2)(c) 3rd Battery on a person 65 years of
9 age or older.
10 784.081(3) 3rd Battery on specified official or
11 employee.
12 784.082(3) 3rd Battery by detained person on
13 visitor or other detainee.
14 784.083(3) 3rd Battery on code inspector.
15 784.085 3rd Battery of child by throwing,
16 tossing, projecting, or expelling
17 certain fluids or materials.
18 787.03(1) 3rd Interference with custody;
19 wrongly takes minor child from
20 appointed guardian.
21 787.04(2) 3rd Take, entice, or remove child
22 beyond state limits with criminal
23 intent pending custody
24 proceedings.
25 787.04(3) 3rd Carrying child beyond state lines
26 with criminal intent to avoid
27 producing child at custody
28 hearing or delivering to
29 designated person.
30 790.115(1) 3rd Exhibiting firearm or weapon
31 within 1,000 feet of a school.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 708
Barcode 430142
1 790.115(2)(b) 3rd Possessing electric weapon or
2 device, destructive device, or
3 other weapon on school property.
4 790.115(2)(c) 3rd Possessing firearm on school
5 property.
6 800.04(7)(d) 3rd Lewd or lascivious exhibition;
7 offender less than 18 years.
8 810.02(4)(a) 3rd Burglary, or attempted burglary,
9 of an unoccupied structure;
10 unarmed; no assault or battery.
11 810.02(4)(b) 3rd Burglary, or attempted burglary,
12 of an unoccupied conveyance;
13 unarmed; no assault or battery.
14 810.06 3rd Burglary; possession of tools.
15 810.08(2)(c) 3rd Trespass on property, armed with
16 firearm or dangerous weapon.
17 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
18 or more but less than $20,000.
19 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will,
20 firearm, motor vehicle,
21 livestock, etc.
22 812.0195(2) 3rd Dealing in stolen property by use
23 of the Internet; property stolen
24 $300 or more.
25 817.563(1) 3rd Sell or deliver substance other
26 than controlled substance agreed
27 upon, excluding s. 893.03(5)
28 drugs.
29 817.568(2)(a) 3rd Fraudulent use of personal
30 identification information.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 708
Barcode 430142
1 817.625(2)(a) 3rd Fraudulent use of scanning device
2 or reencoder.
3 828.125(1) 2nd Kill, maim, or cause great bodily
4 harm or permanent breeding
5 disability to any registered
6 horse or cattle.
7 837.02(1) 3rd Perjury in official proceedings.
8 837.021(1) 3rd Make contradictory statements in
9 official proceedings.
10 838.022 3rd Official misconduct.
11 839.13(2)(a) 3rd Falsifying records of an
12 individual in the care and
13 custody of a state agency.
14 839.13(2)(c) 3rd Falsifying records of the
15 Department of Children and Family
16 Services.
17 843.021 3rd Possession of a concealed
18 handcuff key by a person in
19 custody.
20 843.025 3rd Deprive law enforcement,
21 correctional, or correctional
22 probation officer of means of
23 protection or communication.
24 843.15(1)(a) 3rd Failure to appear while on bail
25 for felony (bond estreature or
26 bond jumping).
27 874.05(1) 3rd Encouraging or recruiting another
28 to join a criminal street gang.
29 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
30 893.03(1)(a), (b), or (d),
31 (2)(a), (2)(b), or (2)(c)4.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 708
Barcode 430142
1 drugs).
2 914.14(2) 3rd Witnesses accepting bribes.
3 914.22(1) 3rd Force, threaten, etc., witness,
4 victim, or informant.
5 914.23(2) 3rd Retaliation against a witness,
6 victim, or informant, no bodily
7 injury.
8 918.12 3rd Tampering with jurors.
9 934.215 3rd Use of two-way communications
10 device to facilitate commission
11 of a crime.
12
13 (Redesignate subsequent sections.)
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, line 21, after the semicolon,
19
20 insert:
21 reenacting s. 61.45(6)(b), F.S., relating to a
22 court order of visitation or custody, and s.
23 933.18(7)(a), F.S., relating to instances in
24 which a warrant may be issued for search of
25 private dwelling, for the purpose of
26 incorporating the amendment to s. 787.03, F.S.,
27 in references thereto; reenacting and amending
28 s. 921.0022(3)(d), F.S.; revising a reference
29 to the offense of interference with custody
30 within the offense severity ranking chart of
31 the Criminal Punishment Code to conform;
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