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,
15  
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. 23 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 2 4:03 PM 03/27/06 s0708c1c-09-c9h
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. 31 3 4:03 PM 03/27/06 s0708c1c-09-c9h
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. 4 4:03 PM 03/27/06 s0708c1c-09-c9h
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. 31 5 4:03 PM 03/27/06 s0708c1c-09-c9h
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. 6 4:03 PM 03/27/06 s0708c1c-09-c9h
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.) 14 15 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; 7 4:03 PM 03/27/06 s0708c1c-09-c9h