CS/HB 1441

1	A bill to be entitled
2	An act relating to female genital mutilation; creating s.
3	794.08, F.S.; defining the term "female genital
4	mutilation"; providing that a person who commits female
5	genital mutilation upon a female younger than 18 years of
6	age commits a felony of the first degree; providing that a
7	person who removes, or causes or permits the removal of, a
8	female younger than 18 years of age from this state for
9	the purpose of committing female genital mutilation
10	commits a felony of the second degree; providing that a
11	parent or guardian who consents to the female genital
12	mutilation of his or her female child who is younger than
13	18 years of age commits a felony of the third degree;
14	providing that the act does not apply with respect to
15	certain medical procedures that are conducted by health
16	professionals to preserve the health of the female;
17	providing that consent is not a defense to the offense of
18	female genital mutilation; amending s. 921.0022, F.S.;
19	creating felony classifications in the offense severity
20	ranking chart of the Criminal Punishment Code for
21	specified violations; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 794.08, Florida Statutes, is created to
26	read:
27	794.08  Female genital mutilation.--
28	(1)  As used in this section, the term "female genital
29	mutilation" means the circumcising, excising, or infibulating,
30	in whole or in part, the labia majora, labia minora, or clitoris
31	of a female person.
32	(2)  A person who knowingly commits, or attempts to commit,
33	female genital mutilation upon a female person younger than 18
34	years of age commits a felony of the first degree, punishable as
35	provided in s. 775.082, s. 775.083, or s. 775.084.
36	(3)  A person who knowingly removes, or causes or permits
37	the removal of, a female person younger than 18 years of age
38	from this state for purposes of committing female genital
39	mutilation commits a felony of the second degree, punishable as
40	provided in s. 775.082, s. 775.083, or s. 775.084.
41	(4)  A person who is a parent, a guardian, or in a position
42	of familial or custodial authority to a female person younger
43	than 18 years of age and who knowingly consents to or permits
44	the female genital mutilation of that female person commits a
45	felony of the third degree, punishable as provided in s.
46	775.082, s. 775.083, or s. 775.084.
47	(5)  This section does not apply to procedures performed by
48	or under the direction of a physician licensed under chapter
49	458, an osteopathic physician licensed under chapter 459, a
50	registered nurse licensed under part I of chapter 464, a
51	practical nurse licensed under part I of chapter 464, an
52	advanced registered nurse practitioner licensed under part I of
53	chapter 464, a midwife licensed under chapter 467, or a
54	physician assistant licensed under chapter 458 or chapter 459
55	when necessary to preserve the physical health of a female
56	person. This section also does not apply to any autopsy or
57	limited dissection conducted pursuant to chapter 406.
58	(6)  Consent of a female person younger than 18 years of
59	age or the consent of a parent, guardian, or person who is in a
60	position of familial or custodial authority to the female person
61	younger than 18 years of age is not a defense to the offense of
62	female genital mutilation.
63	Section 2.  Paragraphs (g), (h), and (i) of subsection (3)
64	of section 921.0022, Florida Statutes, are amended to read:
65	921.0022  Criminal Punishment Code; offense severity
66	ranking chart.--
67	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Statute Felony Degree Description
68
	(g)  LEVEL 7
69
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
70
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
71
	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.
72
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
73
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
74
	409.920(2) 3rd Medicaid provider fraud.
75
	456.065(2) 3rd Practicing a health care profession without a license.
76
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
77
	458.327(1) 3rd Practicing medicine without a license.
78
	459.013(1) 3rd Practicing osteopathic medicine without a license.
79
	460.411(1) 3rd Practicing chiropractic medicine without a license.
80
	461.012(1) 3rd Practicing podiatric medicine without a license.
81
	462.17 3rd Practicing naturopathy without a license.
82
	463.015(1) 3rd Practicing optometry without a license.
83
	464.016(1) 3rd Practicing nursing without a license.
84
	465.015(2) 3rd Practicing pharmacy without a license.
85
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
86
	467.201 3rd Practicing midwifery without a license.
87
	468.366 3rd Delivering respiratory care services without a license.
88
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
89
	483.901(9) 3rd Practicing medical physics without a license.
90
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
91
	484.053 3rd Dispensing hearing aids without a license.
92
	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.
93
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
94
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
95
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
96
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
97
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
98
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
99
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
100
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
101
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
102
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
103
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
104
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
105
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
106
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
107
	784.048(7) 3rd Aggravated stalking; violation of court order.
108
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
109
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
110
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
111
	784.081(1) 1st Aggravated battery on specified official or employee.
112
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
113
	784.083(1) 1st Aggravated battery on code inspector.
114
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
115
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
116
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
117
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
118
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
119
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
120
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
121
	796.03 2nd Procuring any person under 16 years for prostitution.
122
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
123
	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.
124
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
125
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
126
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
127
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
128
	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.
129
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
130
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
131
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
132
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
133
	812.131(2)(a) 2nd Robbery by sudden snatching.
134
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
135
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
136
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
137
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
138
	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.
139
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
140
	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.
141
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
142
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
143
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
144
	838.015 2nd Bribery.
145
	838.016 2nd Unlawful compensation or reward for official behavior.
146
	838.021(3)(a) 2nd Unlawful harm to a public servant.
147
	838.22 2nd Bid tampering.
148
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
149
	872.06 2nd Abuse of a dead human body.
150
	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.
151
	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.
152
	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).
153
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
154
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
155
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
156
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
157
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
158
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
159
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
160
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
161
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
162
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
163
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
164
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
165
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
166
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
167
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
168
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
169
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
170
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
171
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
172
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
173
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
174
	(h)  LEVEL 8
175
	316.193(3)(c)3.a. 2nd DUI manslaughter.
176
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
177
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
178
	499.0051(7) 1st Forgery of prescription or legend drug labels.
179
	499.0052 1st Trafficking in contraband legend drugs.
180
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
181
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
182
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
183
	777.03(2)(a) 1st Accessory after the fact, capital felony.
184
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
185
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
186
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
187
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
188
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
189
	794.08(3) 2nd Female genital mutilation; removal of a victim younger than 18 years of age from this state.
190
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
191
	800.04(4) 2nd Lewd or lascivious battery.
192
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
193
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
194
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
195
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
196
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
197
	812.13(2)(b) 1st Robbery with a weapon.
198
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
199
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
200
	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
201
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
202
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
203
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
204
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
205
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
206
	860.16 1st Aircraft piracy.
207
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
208
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
209
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
210
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
211
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
212
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
213
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
214
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
215
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
216
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
217
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
218
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
219
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
220
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
221
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
222
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
223
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
224
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
225
	(i)  LEVEL 9
226
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
227
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
228
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
229
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
230
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
231
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
232
	775.0844 1st Aggravated white collar crime.
233
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
234
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
235
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
236
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
237
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
238
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
239
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
240
	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.
241
	790.161 1st Attempted capital destructive device offense.
242
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
243
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
244
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
245
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
246
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
247
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
248
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
249
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
250
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
251
	812.135(2)(b) 1st Home-invasion robbery with weapon.
252
	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.
253
	827.03(2) 1st Aggravated child abuse.
254
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
255
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
256
	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.
257
	893.135 1st Attempted capital trafficking offense.
258
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
259
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
260
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
261
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
262
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
263
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
264
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
265
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
266
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
267
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
268
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
269
270	Section 3.  This act shall take effect October 1, 2007.

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