CS/HB 1169

1	A bill to be entitled
2	An act relating to criminal conduct; amending s. 827.03,
3	F.S.; defining the term "mental injury"; exempting
4	constitutionally protected acts from prohibitions on child
5	abuse, aggravated child abuse, and neglect; amending ss.
6	775.084, 775.0877, 782.07, 921.0022, 943.325, and 948.062,
7	F.S.; conforming cross-references; amending s. 960.03,
8	F.S.; redefining the term "crime" for purposes of crime
9	victims compensation to include additional forms of
10	injury; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 827.03, Florida Statutes, is amended to
15	read:
16	827.03  Abuse, aggravated abuse, and neglect of a child;
17	penalties.--
18	(1)  DEFINITIONS.--For purposes of this section:
19	(a)  "Aggravated child abuse" occurs when a person:
20	1.  Commits aggravated battery on a child;
21	2.  Willfully tortures, maliciously punishes, or willfully
22	and unlawfully cages a child; or
23	3.  Knowingly or willfully abuses a child and in so doing
24	causes great bodily harm, permanent disability, or permanent
25	disfigurement to the child.
26	(b)  "Child abuse" means:
27	1.(a)  Intentional infliction of physical or mental injury
28	upon a child;
29	2.(b)  An intentional act that could reasonably be expected
30	to result in physical or mental injury to a child; or
31	3.(c)  Active encouragement of any person to commit an act
32	that results or could reasonably be expected to result in
33	physical or mental injury to a child.
34
35	A person who knowingly or willfully abuses a child without
36	causing great bodily harm, permanent disability, or permanent
37	disfigurement to the child commits a felony of the third degree,
38	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
39	(2)  "Aggravated child abuse" occurs when a person:
40	(a)  Commits aggravated battery on a child;
41	(b)  Willfully tortures, maliciously punishes, or willfully
42	and unlawfully cages a child; or
43	(c)  Knowingly or willfully abuses a child and in so doing
44	causes great bodily harm, permanent disability, or permanent
45	disfigurement to the child.
46
47	A person who commits aggravated child abuse commits a felony of
48	the first degree, punishable as provided in s. 775.082, s.
49	775.083, or s. 775.084.
50	(c)  "Maliciously" means wrongfully, intentionally, and
51	without legal justification or excuse. Maliciousness may be
52	established by circumstances from which one could conclude that
53	a reasonable parent would not have engaged in the damaging acts
54	toward the child for any valid reason and that the primary
55	purpose of the acts was to cause the victim unjustifiable pain
56	or injury.
57	(d)  "Mental injury" shall have the same meaning as
58	provided in s. 39.01.
59	(e)(3)(a)  "Neglect of a child" means:
60	1.  A caregiver's failure or omission to provide a child
61	with the care, supervision, and services necessary to maintain
62	the child's physical and mental health, including, but not
63	limited to, food, nutrition, clothing, shelter, supervision,
64	medicine, and medical services that a prudent person would
65	consider essential for the well-being of the child; or
66	2.  A caregiver's failure to make a reasonable effort to
67	protect a child from abuse, neglect, or exploitation by another
68	person.
69
70	Neglect of a child may be based on repeated conduct or on a
71	single incident or omission that results in, or could reasonably
72	be expected to result in, serious physical or mental injury, or
73	a substantial risk of death, to a child.
74	(2)  OFFENSES.--
75	(a)  A person who commits aggravated child abuse commits a
76	felony of the first degree, punishable as provided in s.
77	775.082, s. 775.083, or s. 775.084.
78	(b)  A person who willfully or by culpable negligence
79	neglects a child and in so doing causes great bodily harm,
80	permanent disability, or permanent disfigurement to the child
81	commits a felony of the second degree, punishable as provided in
82	s. 775.082, s. 775.083, or s. 775.084.
83	(c)  A person who knowingly or willfully abuses a child
84	without causing great bodily harm, permanent disability, or
85	permanent disfigurement to the child commits a felony of the
86	third degree, punishable as provided in s. 775.082, s. 775.083,
87	or s. 775.084.
88	(d)(c)  A person who willfully or by culpable negligence
89	neglects a child without causing great bodily harm, permanent
90	disability, or permanent disfigurement to the child commits a
91	felony of the third degree, punishable as provided in s.
92	775.082, s. 775.083, or s. 775.084.
93	(3)  EXCEPTION.--An act does not violate this section if it
94	is protected by the First Amendment to the United States
95	Constitution or s. 4, Art. I of the State Constitution.
96	(4)  For purposes of this section, "maliciously" means
97	wrongfully, intentionally, and without legal justification or
98	excuse. Maliciousness may be established by circumstances from
99	which one could conclude that a reasonable parent would not have
100	engaged in the damaging acts toward the child for any valid
101	reason and that the primary purpose of the acts was to cause the
102	victim unjustifiable pain or injury.
103	Section 2.  Paragraph (d) of subsection (1) of section
104	775.084, Florida Statutes, is amended to read:
105	775.084  Violent career criminals; habitual felony
106	offenders and habitual violent felony offenders; three-time
107	violent felony offenders; definitions; procedure; enhanced
108	penalties or mandatory minimum prison terms.--
109	(1)  As used in this act:
110	(d)  "Violent career criminal" means a defendant for whom
111	the court must impose imprisonment pursuant to paragraph (4)(d),
112	if it finds that:
113	1.  The defendant has previously been convicted as an adult
114	three or more times for an offense in this state or other
115	qualified offense that is:
116	a.  Any forcible felony, as described in s. 776.08;
117	b.  Aggravated stalking, as described in s. 784.048(3) and
118	(4);
119	c.  Aggravated child abuse, as described in s.
120	827.03(2)(a);
121	d.  Aggravated abuse of an elderly person or disabled
122	adult, as described in s. 825.102(2);
123	e.  Lewd or lascivious battery, lewd or lascivious
124	molestation, lewd or lascivious conduct, or lewd or lascivious
125	exhibition, as described in s. 800.04;
126	f.  Escape, as described in s. 944.40; or
127	g.  A felony violation of chapter 790 involving the use or
128	possession of a firearm.
129	2.  The defendant has been incarcerated in a state prison
130	or a federal prison.
131	3.  The primary felony offense for which the defendant is
132	to be sentenced is a felony enumerated in subparagraph 1. and
133	was committed on or after October 1, 1995, and:
134	a.  While the defendant was serving a prison sentence or
135	other sentence, or court-ordered or lawfully imposed supervision
136	that is imposed as a result of a prior conviction for an
137	enumerated felony; or
138	b.  Within 5 years after the conviction of the last prior
139	enumerated felony, or within 5 years after the defendant's
140	release from a prison sentence, probation, community control,
141	control release, conditional release, parole, or court-ordered
142	or lawfully imposed supervision or other sentence that is
143	imposed as a result of a prior conviction for an enumerated
144	felony, whichever is later.
145	4.  The defendant has not received a pardon for any felony
146	or other qualified offense that is necessary for the operation
147	of this paragraph.
148	5.  A conviction of a felony or other qualified offense
149	necessary to the operation of this paragraph has not been set
150	aside in any postconviction proceeding.
151	Section 3.  Paragraphs (h) and (i) of subsection (1) of
152	section 775.0877, Florida Statutes, are amended to read:
153	775.0877  Criminal transmission of HIV; procedures;
154	penalties.--
155	(1)  In any case in which a person has been convicted of or
156	has pled nolo contendere or guilty to, regardless of whether
157	adjudication is withheld, any of the following offenses, or the
158	attempt thereof, which offense or attempted offense involves the
159	transmission of body fluids from one person to another:
160	(h)  Section 827.03(2)(c)(1), relating to child abuse,
161	(i)  Section 827.03(2)(a), relating to aggravated child
162	abuse,
163
164	the court shall order the offender to undergo HIV testing, to be
165	performed under the direction of the Department of Health in
166	accordance with s. 381.004, unless the offender has undergone
167	HIV testing voluntarily or pursuant to procedures established in
168	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
169	rule providing for HIV testing of criminal offenders or inmates,
170	subsequent to her or his arrest for an offense enumerated in
171	paragraphs (a)-(n) for which she or he was convicted or to which
172	she or he pled nolo contendere or guilty. The results of an HIV
173	test performed on an offender pursuant to this subsection are
174	not admissible in any criminal proceeding arising out of the
175	alleged offense.
176	Section 4.  Subsection (3) of section 782.07, Florida
177	Statutes, is amended to read:
178	782.07  Manslaughter; aggravated manslaughter of an elderly
179	person or disabled adult; aggravated manslaughter of a child;
180	aggravated manslaughter of an officer, a firefighter, an
181	emergency medical technician, or a paramedic.--
182	(3)  A person who causes the death of any person under the
183	age of 18 by culpable negligence under s. 827.03(2)(b)(3)
184	commits aggravated manslaughter of a child, a felony of the
185	first degree, punishable as provided in s. 775.082, s. 775.083,
186	or s. 775.084.
187	Section 5.  Paragraphs (f), (g), and (i) of subsection (3)
188	of section 921.0022, Florida Statutes, are amended to read:
189	921.0022  Criminal Punishment Code; offense severity
190	ranking chart.--
191	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
192
	(f)  LEVEL 6
193
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
194
	499.0051(3) 2nd Forgery of pedigree papers.
195
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
196
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
197
	775.0875(1) 3rd Taking firearm from law enforcement officer.
198
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
199
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
200
	784.041 3rd Felony battery.
201
	784.048(3) 3rd Aggravated stalking; credible threat.
202
	784.048(5) 3rd Aggravated stalking of person under 16.
203
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
204
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
205
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
206
	784.081(2) 2nd Aggravated assault on specified official or employee.
207
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
208
	784.083(2) 2nd Aggravated assault on code inspector.
209
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
210
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
211
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
212
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
213
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
214
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
215
	794.05(1) 2nd Unlawful sexual activity with specified minor.
216
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
217
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
218
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
219
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
220
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
221
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
222
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
223
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
224
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
225
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
226
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
227
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
228
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
229
	827.03(2)(c)(1) 3rd Abuse of a child.
230
	827.03(2)(d)(3)(c) 3rd Neglect of a child.
231
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
232
	836.05 2nd Threats; extortion.
233
	836.10 2nd Written threats to kill or do bodily injury.
234
	843.12 3rd Aids or assists person to escape.
235
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
236
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
237
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
238
	944.40 2nd Escapes.
239
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
240
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
241
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
242
	(g)  LEVEL 7
243
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
244
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
245
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
246
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
247
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
248
	409.920(2) 3rd Medicaid provider fraud.
249
	456.065(2) 3rd Practicing a health care profession without a license.
250
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
251
	458.327(1) 3rd Practicing medicine without a license.
252
	459.013(1) 3rd Practicing osteopathic medicine without a license.
253
	460.411(1) 3rd Practicing chiropractic medicine without a license.
254
	461.012(1) 3rd Practicing podiatric medicine without a license.
255
	462.17 3rd Practicing naturopathy without a license.
256
	463.015(1) 3rd Practicing optometry without a license.
257
	464.016(1) 3rd Practicing nursing without a license.
258
	465.015(2) 3rd Practicing pharmacy without a license.
259
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
260
	467.201 3rd Practicing midwifery without a license.
261
	468.366 3rd Delivering respiratory care services without a license.
262
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
263
	483.901(9) 3rd Practicing medical physics without a license.
264
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
265
	484.053 3rd Dispensing hearing aids without a license.
266
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
267
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
268
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
269
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
270
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
271
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
272
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
273
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
274
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
275
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
276
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
277
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
278
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
279
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
280
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
281
	784.048(7) 3rd Aggravated stalking; violation of court order.
282
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
283
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
284
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
285
	784.081(1) 1st Aggravated battery on specified official or employee.
286
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
287
	784.083(1) 1st Aggravated battery on code inspector.
288
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
289
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
290
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
291
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
292
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
293
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
294
	796.03 2nd Procuring any person under 16 years for prostitution.
295
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
296
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
297
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
298
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
299
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
300
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
301
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
302
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
303
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
304
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
305
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
306
	812.131(2)(a) 2nd Robbery by sudden snatching.
307
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
308
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
309
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
310
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
311
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
312
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
313
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
314
	827.03(2)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
315
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
316
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
317
	838.015 2nd Bribery.
318
	838.016 2nd Unlawful compensation or reward for official behavior.
319
	838.021(3)(a) 2nd Unlawful harm to a public servant.
320
	838.22 2nd Bid tampering.
321
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
322
	872.06 2nd Abuse of a dead human body.
323
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
324
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
325
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
326
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
327
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
328
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
329
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
330
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
331
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
332
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
333
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
334
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
335
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
336
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
337
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
338
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
339
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
340
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
341
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
342
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
343
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
344
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
345
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
346
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
347
	(i)  LEVEL 9
348
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
349
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
350
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
351
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
352
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
353
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
354
	775.0844 1st Aggravated white collar crime.
355
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
356
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
357
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
358
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
359
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
360
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
361
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
362
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
363
	790.161 1st Attempted capital destructive device offense.
364
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
365
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
366
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
367
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
368
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
369
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
370
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
371
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
372
	812.135(2)(b) 1st Home-invasion robbery with weapon.
373
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
374
	827.03(2)(a) 1st Aggravated child abuse.
375
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
376
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
377
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
378
	893.135 1st Attempted capital trafficking offense.
379
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
380
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
381
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
382
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
383
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
384
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
385
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
386
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
387
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
388
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
389
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
390
391	Section 6.  Paragraph (b) of subsection (1) of section
392	943.325, Florida Statutes, is amended to read:
393	943.325  Blood or other biological specimen testing for DNA
394	analysis.--
395	(1)
396	(b)1.  Chapter 794, chapter 800, s. 782.04, s. 784.045, s.
397	810.02, s. 812.133, or s. 812.135.
398	2.  Effective July 1, 2002, and contingent upon specific
399	appropriation, s. 812.13 or s. 812.131.
400	3.  Effective July 1, 2003, and contingent upon specific
401	appropriation, chapter 787 or s. 782.07.
402	4.  Effective July 1, 2004, and contingent upon specific
403	appropriation, any forcible felony, as described in s. 776.08,
404	aggravated child abuse, as described in s. 827.03(2)(a),
405	aggravated abuse of an elderly person or a disabled adult, as
406	described in s. 825.102(2), or any felony violation of chapter
407	790 involving the use or possession of a firearm.
408	5.  Effective July 1, 2005, and contingent upon specific
409	appropriation, any felony offense.
410	Section 7.  Paragraph (f) of subsection (1) of section
411	948.062, Florida Statutes, is amended to read:
412	948.062  Reviewing and reporting serious offenses committed
413	by offenders placed on probation or community control.--
414	(1)  The department shall review the circumstances related
415	to an offender placed on probation or community control who has
416	been arrested while on supervision for the following offenses:
417	(f)  Any aggravated child abuse as provided in s.
418	827.03(2)(a);
419	Section 8.  Paragraph (a) of subsection (3) of section
420	960.03, Florida Statutes, is amended to read:
421	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
422	960.01-960.28, unless the context otherwise requires, the term:
423	(3)  "Crime" means:
424	(a)  A felony or misdemeanor offense committed by either an
425	adult or a juvenile which results in physical injury or death,
426	including a felony or misdemeanor offense committed by either an
427	adult or a juvenile which results in psychiatric or
428	psychological injury to a person less than 18 years of age who
429	was not physically injured by the criminal act. The term also
430	includes any such criminal act which is committed within this
431	state but which falls exclusively within federal jurisdiction.
432	Section 9.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.