Senate Bill sb2736
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
By Senator Aronberg
27-1732A-07 See HB 1169
1 A bill to be entitled
2 An act relating to criminal conduct; amending
3 s. 827.03, F.S.; defining the term "mental
4 injury"; exempting constitutionally protected
5 acts from prohibitions on child abuse,
6 aggravated child abuse, and neglect; amending
7 ss. 775.084, 775.0877, 782.07, 921.0022,
8 943.325, and 948.062, F.S.; conforming
9 cross-references; amending s. 960.03, F.S.;
10 redefining the term "crime" for purposes of
11 crime victims compensation to include
12 additional forms of injury to a victim or
13 intervenor; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 827.03, Florida Statutes, is
18 amended to read:
19 827.03 Abuse, aggravated abuse, and neglect of a
20 child; penalties.--
21 (1) DEFINITIONS.--For purposes of this section:
22 (a) "Aggravated child abuse" occurs when a person:
23 1. Commits aggravated battery on a child;
24 2. Willfully tortures, maliciously punishes, or
25 willfully and unlawfully cages a child; or
26 3. Knowingly or willfully abuses a child and in so
27 doing causes great bodily harm, permanent disability, or
28 permanent disfigurement to the child.
29 (b) "Child abuse" means:
30 1.(a) Intentional infliction of physical or mental
31 injury upon a child;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 2.(b) An intentional act that could reasonably be
2 expected to result in physical or mental injury to a child; or
3 3.(c) Active encouragement of any person to commit an
4 act that results or could reasonably be expected to result in
5 physical or mental injury to a child.
6
7 A person who knowingly or willfully abuses a child without
8 causing great bodily harm, permanent disability, or permanent
9 disfigurement to the child commits a felony of the third
10 degree, punishable as provided in s. 775.082, s. 775.083, or
11 s. 775.084.
12 (2) "Aggravated child abuse" occurs when a person:
13 (a) Commits aggravated battery on a child;
14 (b) Willfully tortures, maliciously punishes, or
15 willfully and unlawfully cages a child; or
16 (c) Knowingly or willfully abuses a child and in so
17 doing causes great bodily harm, permanent disability, or
18 permanent disfigurement to the child.
19
20 A person who commits aggravated child abuse commits a felony
21 of the first degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 (c) "Maliciously" means wrongfully, intentionally, and
24 without legal justification or excuse. Maliciousness may be
25 established by circumstances from which one could conclude
26 that a reasonable parent would not have engaged in the
27 damaging acts toward the child for any valid reason and that
28 the primary purpose of the acts was to cause the victim
29 unjustifiable pain or injury.
30 (d) "Mental injury" has the same meaning as in s.
31 39.01.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 (e)(3)(a) "Neglect of a child" means:
2 1. A caregiver's failure or omission to provide a
3 child with the care, supervision, and services necessary to
4 maintain the child's physical and mental health, including,
5 but not limited to, food, nutrition, clothing, shelter,
6 supervision, medicine, and medical services that a prudent
7 person would consider essential for the well-being of the
8 child; or
9 2. A caregiver's failure to make a reasonable effort
10 to protect a child from abuse, neglect, or exploitation by
11 another person.
12
13 Neglect of a child may be based on repeated conduct or on a
14 single incident or omission that results in, or could
15 reasonably be expected to result in, serious physical or
16 mental injury, or a substantial risk of death, to a child.
17 (2) OFFENSES.--
18 (a) A person who commits aggravated child abuse
19 commits a felony of the first degree, punishable as provided
20 in s. 775.082, s. 775.083, or s. 775.084.
21 (b) A person who willfully or by culpable negligence
22 neglects a child and in so doing causes great bodily harm,
23 permanent disability, or permanent disfigurement to the child
24 commits a felony of the second degree, punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084.
26 (c) A person who knowingly or willfully abuses a child
27 without causing great bodily harm, permanent disability, or
28 permanent disfigurement to the child commits a felony of the
29 third degree, punishable as provided in s. 775.082, s.
30 775.083, or s. 775.084.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 (d)(c) A person who willfully or by culpable
2 negligence neglects a child without causing great bodily harm,
3 permanent disability, or permanent disfigurement to the child
4 commits a felony of the third degree, punishable as provided
5 in s. 775.082, s. 775.083, or s. 775.084.
6 (3) EXCEPTION.--An act does not violate this section
7 if it is protected by the First Amendment to the United States
8 Constitution or s. 4, Art. I of the State Constitution.
9 (4) For purposes of this section, "maliciously" means
10 wrongfully, intentionally, and without legal justification or
11 excuse. Maliciousness may be established by circumstances from
12 which one could conclude that a reasonable parent would not
13 have engaged in the damaging acts toward the child for any
14 valid reason and that the primary purpose of the acts was to
15 cause the victim unjustifiable pain or injury.
16 Section 2. Paragraph (d) of subsection (1) of section
17 775.084, Florida Statutes, is amended to read:
18 775.084 Violent career criminals; habitual felony
19 offenders and habitual violent felony offenders; three-time
20 violent felony offenders; definitions; procedure; enhanced
21 penalties or mandatory minimum prison terms.--
22 (1) As used in this act:
23 (d) "Violent career criminal" means a defendant for
24 whom the court must impose imprisonment pursuant to paragraph
25 (4)(d), if it finds that:
26 1. The defendant has previously been convicted as an
27 adult three or more times for an offense in this state or
28 other qualified offense that is:
29 a. Any forcible felony, as described in s. 776.08;
30 b. Aggravated stalking, as described in s. 784.048(3)
31 and (4);
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 c. Aggravated child abuse, as described in s.
2 827.03(2)(a);
3 d. Aggravated abuse of an elderly person or disabled
4 adult, as described in s. 825.102(2);
5 e. Lewd or lascivious battery, lewd or lascivious
6 molestation, lewd or lascivious conduct, or lewd or lascivious
7 exhibition, as described in s. 800.04;
8 f. Escape, as described in s. 944.40; or
9 g. A felony violation of chapter 790 involving the use
10 or possession of a firearm.
11 2. The defendant has been incarcerated in a state
12 prison or a federal prison.
13 3. The primary felony offense for which the defendant
14 is to be sentenced is a felony enumerated in subparagraph 1.
15 and was committed on or after October 1, 1995, and:
16 a. While the defendant was serving a prison sentence
17 or other sentence, or court-ordered or lawfully imposed
18 supervision that is imposed as a result of a prior conviction
19 for an enumerated felony; or
20 b. Within 5 years after the conviction of the last
21 prior enumerated felony, or within 5 years after the
22 defendant's release from a prison sentence, probation,
23 community control, control release, conditional release,
24 parole, or court-ordered or lawfully imposed supervision or
25 other sentence that is imposed as a result of a prior
26 conviction for an enumerated felony, whichever is later.
27 4. The defendant has not received a pardon for any
28 felony or other qualified offense that is necessary for the
29 operation of this paragraph.
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 5. A conviction of a felony or other qualified offense
2 necessary to the operation of this paragraph has not been set
3 aside in any postconviction proceeding.
4 Section 3. Paragraphs (h) and (i) of subsection (1) of
5 section 775.0877, Florida Statutes, are amended to read:
6 775.0877 Criminal transmission of HIV; procedures;
7 penalties.--
8 (1) In any case in which a person has been convicted
9 of or has pled nolo contendere or guilty to, regardless of
10 whether adjudication is withheld, any of the following
11 offenses, or the attempt thereof, which offense or attempted
12 offense involves the transmission of body fluids from one
13 person to another:
14 (h) Section 827.03(2)(c)(1), relating to child abuse,
15 (i) Section 827.03(2)(a), relating to aggravated child
16 abuse,
17
18 the court shall order the offender to undergo HIV testing, to
19 be performed under the direction of the Department of Health
20 in accordance with s. 381.004, unless the offender has
21 undergone HIV testing voluntarily or pursuant to procedures
22 established in s. 381.004(3)(h)6. or s. 951.27, or any other
23 applicable law or rule providing for HIV testing of criminal
24 offenders or inmates, subsequent to her or his arrest for an
25 offense enumerated in paragraphs (a)-(n) for which she or he
26 was convicted or to which she or he pled nolo contendere or
27 guilty. The results of an HIV test performed on an offender
28 pursuant to this subsection are not admissible in any criminal
29 proceeding arising out of the alleged offense.
30 Section 4. Subsection (3) of section 782.07, Florida
31 Statutes, is amended to read:
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 782.07 Manslaughter; aggravated manslaughter of an
2 elderly person or disabled adult; aggravated manslaughter of a
3 child; aggravated manslaughter of an officer, a firefighter,
4 an emergency medical technician, or a paramedic.--
5 (3) A person who causes the death of any person under
6 the age of 18 by culpable negligence under s. 827.03(2)(b)(3)
7 commits aggravated manslaughter of a child, a felony of the
8 first degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084.
10 Section 5. Paragraphs (f), (g), and (i) of subsection
11 (3) of section 921.0022, Florida Statutes, are amended to
12 read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
16 Florida Felony Description
17 Statute Degree
18 (f) LEVEL 6
19 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
20 conviction.
21 499.0051(3) 2nd Forgery of pedigree papers.
22 499.0051(4) 2nd Purchase or receipt of legend
23 drug from unauthorized person.
24 499.0051(5) 2nd Sale of legend drug to
25 unauthorized person.
26 775.0875(1) 3rd Taking firearm from law
27 enforcement officer.
28 784.021(1)(a) 3rd Aggravated assault; deadly weapon
29 without intent to kill.
30 784.021(1)(b) 3rd Aggravated assault; intent to
31 commit felony.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 784.041 3rd Felony battery.
2 784.048(3) 3rd Aggravated stalking; credible
3 threat.
4 784.048(5) 3rd Aggravated stalking of person
5 under 16.
6 784.07(2)(c) 2nd Aggravated assault on law
7 enforcement officer.
8 784.074(1)(b) 2nd Aggravated assault on sexually
9 violent predators facility staff.
10 784.08(2)(b) 2nd Aggravated assault on a person 65
11 years of age or older.
12 784.081(2) 2nd Aggravated assault on specified
13 official or employee.
14 784.082(2) 2nd Aggravated assault by detained
15 person on visitor or other
16 detainee.
17 784.083(2) 2nd Aggravated assault on code
18 inspector.
19 787.02(2) 3rd False imprisonment; restraining
20 with purpose other than those in
21 s. 787.01.
22 790.115(2)(d) 2nd Discharging firearm or weapon on
23 school property.
24 790.161(2) 2nd Make, possess, or throw
25 destructive device with intent to
26 do bodily harm or damage
27 property.
28 790.164(1) 2nd False report of deadly explosive,
29 weapon of mass destruction, or
30 act of arson or violence to state
31 property.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
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(2)(c)(1) 3rd Abuse of a child.
15 827.03(2)(d)(3)(c) 3rd Neglect of a child.
16 827.071(2) & (3) 2nd Use or induce a child in a sexual
17 performance, or promote or direct
18 such performance.
19 836.05 2nd Threats; extortion.
20 836.10 2nd Written threats to kill or do
21 bodily injury.
22 843.12 3rd Aids or assists person to escape.
23 847.0135(2) 3rd Facilitates sexual conduct of or
24 with a minor or the visual
25 depiction of such conduct.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
29
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16 (g) LEVEL 7
17 316.027(1)(b) 1st Accident involving death, failure
18 to stop; leaving scene.
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 316.1935(3)(b) 1st Causing serious bodily injury or
22 death to another person; driving
23 at high speed or with wanton
24 disregard for safety while
25 fleeing or attempting to elude
26 law enforcement officer who is in
27 a patrol vehicle with siren and
28 lights activated.
29 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
30 bodily injury.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013(1)(c) 3rd Preparing or dispensing optical
10 devices without a prescription.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 775.21(10)(a) 3rd Sexual predator; failure to
2 register; failure to renew
3 driver's license or
4 identification card; other
5 registration violations.
6 775.21(10)(b) 3rd Sexual predator working where
7 children regularly congregate.
8 775.21(10)(g) 3rd Failure to report or providing
9 false information about a sexual
10 predator; harbor or conceal a
11 sexual predator.
12 782.051(3) 2nd Attempted felony murder of a
13 person by a person other than the
14 perpetrator or the perpetrator of
15 an attempted felony.
16 782.07(1) 2nd Killing of a human being by the
17 act, procurement, or culpable
18 negligence of another
19 (manslaughter).
20 782.071 2nd Killing of human being or viable
21 fetus by the operation of a motor
22 vehicle in a reckless manner
23 (vehicular homicide).
24 782.072 2nd Killing of a human being by the
25 operation of a vessel in a
26 reckless manner (vessel
27 homicide).
28 784.045(1)(a)1. 2nd Aggravated battery; intentionally
29 causing great bodily harm or
30 disfigurement.
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.048(7) 3rd Aggravated stalking; violation of
8 court order.
9 784.07(2)(d) 1st Aggravated battery on law
10 enforcement officer.
11 784.074(1)(a) 1st Aggravated battery on sexually
12 violent predators facility staff.
13 784.08(2)(a) 1st Aggravated battery on a person 65
14 years of age or older.
15 784.081(1) 1st Aggravated battery on specified
16 official or employee.
17 784.082(1) 1st Aggravated battery by detained
18 person on visitor or other
19 detainee.
20 784.083(1) 1st Aggravated battery on code
21 inspector.
22 790.07(4) 1st Specified weapons violation
23 subsequent to previous conviction
24 of s. 790.07(1) or (2).
25 790.16(1) 1st Discharge of a machine gun under
26 specified circumstances.
27 790.165(2) 2nd Manufacture, sell, possess, or
28 deliver hoax bomb.
29
30
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 790.165(3) 2nd Possessing, displaying, or
2 threatening to use any hoax bomb
3 while committing or attempting to
4 commit a felony.
5 790.166(3) 2nd Possessing, selling, using, or
6 attempting to use a hoax weapon
7 of mass destruction.
8 790.166(4) 2nd Possessing, displaying, or
9 threatening to use a hoax weapon
10 of mass destruction while
11 committing or attempting to
12 commit a felony.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
16 victim less than 12 years of age;
17 offender less than 18 years.
18 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 18 years or older.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
30
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more or a semitrailer
3 deployed by a law enforcement
4 officer; property stolen while
5 causing other property damage;
6 1st degree grand theft.
7 812.014(2)(b)2. 2nd Property stolen, cargo valued at
8 less than $50,000, grand theft in
9 2nd degree.
10 812.014(2)(b)3. 2nd Property stolen, emergency
11 medical equipment; 2nd degree
12 grand theft.
13 812.0145(2)(a) 1st Theft from person 65 years of age
14 or older; $50,000 or more.
15 812.019(2) 1st Stolen property; initiates,
16 organizes, plans, etc., the theft
17 of property and traffics in
18 stolen property.
19 812.131(2)(a) 2nd Robbery by sudden snatching.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 817.234(8)(a) 2nd Solicitation of motor vehicle
23 accident victims with intent to
24 defraud.
25 817.234(9) 2nd Organizing, planning, or
26 participating in an intentional
27 motor vehicle collision.
28 817.234(11)(c) 1st Insurance fraud; property value
29 $100,000 or more.
30
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 817.2341(2)(b) & (3)(b)1st Making false entries of material
2 fact or false statements
3 regarding property values
4 relating to the solvency of an
5 insuring entity which are a
6 significant cause of the
7 insolvency of that entity.
8 825.102(3)(b) 2nd Neglecting an elderly person or
9 disabled adult causing great
10 bodily harm, disability, or
11 disfigurement.
12 825.103(2)(b) 2nd Exploiting an elderly person or
13 disabled adult and property is
14 valued at $20,000 or more, but
15 less than $100,000.
16 827.03(2)(3)(b) 2nd Neglect of a child causing great
17 bodily harm, disability, or
18 disfigurement.
19 827.04(3) 3rd Impregnation of a child under 16
20 years of age by person 21 years
21 of age or older.
22 837.05(2) 3rd Giving false information about
23 alleged capital felony to a law
24 enforcement officer.
25 838.015 2nd Bribery.
26 838.016 2nd Unlawful compensation or reward
27 for official behavior.
28 838.021(3)(a) 2nd Unlawful harm to a public
29 servant.
30 838.22 2nd Bid tampering.
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than
30 28 grams, less than 200 grams.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 893.135(1)(c)1.a. 1st Trafficking in illegal drugs,
2 more than 4 grams, less than 14
3 grams.
4 893.135(1)(d)1. 1st Trafficking in phencyclidine,
5 more than 28 grams, less than 200
6 grams.
7 893.135(1)(e)1. 1st Trafficking in methaqualone, more
8 than 200 grams, less than 5
9 kilograms.
10 893.135(1)(f)1. 1st Trafficking in amphetamine, more
11 than 14 grams, less than 28
12 grams.
13 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4
14 grams or more, less than 14
15 grams.
16 893.135(1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
21 kilogram or more, less than 5
22 kilograms.
23 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines,
24 10 grams or more, less than 200
25 grams.
26 896.101(5)(a) 3rd Money laundering, financial
27 transactions exceeding $300 but
28 less than $20,000.
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 943.0435(4)(c) 2nd Sexual offender vacating
7 permanent residence; failure to
8 comply with reporting
9 requirements.
10 943.0435(8) 2nd Sexual offender; remains in state
11 after indicating intent to leave;
12 failure to comply with reporting
13 requirements.
14 943.0435(9)(a) 3rd Sexual offender; failure to
15 comply with reporting
16 requirements.
17 943.0435(13) 3rd Failure to report or providing
18 false information about a sexual
19 offender; harbor or conceal a
20 sexual offender.
21 943.0435(14) 3rd Sexual offender; failure to
22 report and reregister; failure to
23 respond to address verification.
24 944.607(9) 3rd Sexual offender; failure to
25 comply with reporting
26 requirements.
27 944.607(10)(a) 3rd Sexual offender; failure to
28 submit to the taking of a
29 digitized photograph.
30
31
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 944.607(12) 3rd Failure to report or providing
2 false information about a sexual
3 offender; harbor or conceal a
4 sexual offender.
5 944.607(13) 3rd Sexual offender; failure to
6 report and reregister; failure to
7 respond to address verification.
8 (i) LEVEL 9
9 316.193(3)(c)3.b. 1st DUI manslaughter; failing to
10 render aid or give information.
11 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
12 render aid or give information.
13 499.00535 1st Sale or purchase of contraband
14 legend drugs resulting in great
15 bodily harm.
16 560.123(8)(b)3. 1st Failure to report currency or
17 payment instruments totaling or
18 exceeding $100,000 by money
19 transmitter.
20 560.125(5)(c) 1st Money transmitter business by
21 unauthorized person, currency, or
22 payment instruments totaling or
23 exceeding $100,000.
24 655.50(10)(b)3. 1st Failure to report financial
25 transactions totaling or
26 exceeding $100,000 by financial
27 institution.
28 775.0844 1st Aggravated white collar crime.
29 782.04(1) 1st Attempt, conspire, or solicit to
30 commit premeditated murder.
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 782.04(3) 1st,PBL Accomplice to murder in
2 connection with arson, sexual
3 battery, robbery, burglary, and
4 other specified felonies.
5 782.051(1) 1st Attempted felony murder while
6 perpetrating or attempting to
7 perpetrate a felony enumerated in
8 s. 782.04(3).
9 782.07(2) 1st Aggravated manslaughter of an
10 elderly person or disabled adult.
11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
12 reward or as a shield or hostage.
13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
14 or facilitate commission of any
15 felony.
16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
17 interfere with performance of any
18 governmental or political
19 function.
20 787.02(3)(a) 1st False imprisonment; child under
21 age 13; perpetrator also commits
22 aggravated child abuse, sexual
23 battery, or lewd or lascivious
24 battery, molestation, conduct, or
25 exhibition.
26 790.161 1st Attempted capital destructive
27 device offense.
28 790.166(2) 1st,PBL Possessing, selling, using, or
29 attempting to use a weapon of
30 mass destruction.
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 794.011(2) 1st Attempted sexual battery; victim
2 less than 12 years of age.
3 794.011(2) Life Sexual battery; offender younger
4 than 18 years and commits sexual
5 battery on a person less than 12
6 years.
7 794.011(4) 1st Sexual battery; victim 12 years
8 or older, certain circumstances.
9 794.011(8)(b) 1st Sexual battery; engage in sexual
10 conduct with minor 12 to 18 years
11 by person in familial or
12 custodial authority.
13 800.04(5)(b) Life Lewd or lascivious molestation;
14 victim less than 12 years;
15 offender 18 years or older.
16 812.13(2)(a) 1st,PBL Robbery with firearm or other
17 deadly weapon.
18 812.133(2)(a) 1st,PBL Carjacking; firearm or other
19 deadly weapon.
20 812.135(2)(b) 1st Home-invasion robbery with
21 weapon.
22 817.568(7) 2nd,PBL Fraudulent use of personal
23 identification information of an
24 individual under the age of 18 by
25 his or her parent, legal
26 guardian, or person exercising
27 custodial authority.
28 827.03(2)(a) 1st Aggravated child abuse.
29 847.0145(1) 1st Selling, or otherwise
30 transferring custody or control,
31 of a minor.
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning or introducing
5 bacteria, radioactive materials,
6 viruses, or chemical compounds
7 into food, drink, medicine, or
8 water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135(1)(b)1.c. 1st Trafficking in cocaine, more than
15 400 grams, less than 150
16 kilograms.
17 893.135(1)(c)1.c. 1st Trafficking in illegal drugs,
18 more than 28 grams, less than 30
19 kilograms.
20 893.135(1)(d)1.c. 1st Trafficking in phencyclidine,
21 more than 400 grams.
22 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more
23 than 25 kilograms.
24 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more
25 than 200 grams.
26 893.135(1)(h)1.c. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 10 kilograms or more.
29 893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
30 kilograms or more.
31
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 893.135(1)(k)2.c. 1st Trafficking in Phenethylamines,
2 400 grams or more.
3 896.101(5)(c) 1st Money laundering, financial
4 instruments totaling or exceeding
5 $100,000.
6 896.104(4)(a)3. 1st Structuring transactions to evade
7 reporting or registration
8 requirements, financial
9 transactions totaling or
10 exceeding $100,000.
11 Section 6. Paragraph (b) of subsection (1) of section
12 943.325, Florida Statutes, is amended to read:
13 943.325 Blood or other biological specimen testing for
14 DNA analysis.--
15 (1)
16 (b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045,
17 s. 810.02, s. 812.133, or s. 812.135.
18 2. Effective July 1, 2002, and contingent upon
19 specific appropriation, s. 812.13 or s. 812.131.
20 3. Effective July 1, 2003, and contingent upon
21 specific appropriation, chapter 787 or s. 782.07.
22 4. Effective July 1, 2004, and contingent upon
23 specific appropriation, any forcible felony, as described in
24 s. 776.08, aggravated child abuse, as described in s.
25 827.03(2)(a), aggravated abuse of an elderly person or a
26 disabled adult, as described in s. 825.102(2), or any felony
27 violation of chapter 790 involving the use or possession of a
28 firearm.
29 5. Effective July 1, 2005, and contingent upon
30 specific appropriation, any felony offense.
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2736
27-1732A-07 See HB 1169
1 Section 7. Paragraph (f) of subsection (1) of section
2 948.062, Florida Statutes, is amended to read:
3 948.062 Reviewing and reporting serious offenses
4 committed by offenders placed on probation or community
5 control.--
6 (1) The department shall review the circumstances
7 related to an offender placed on probation or community
8 control who has been arrested while on supervision for the
9 following offenses:
10 (f) Any aggravated child abuse as provided in s.
11 827.03(2)(a);
12 Section 8. Paragraph (a) of subsection (3) of section
13 960.03, Florida Statutes, is amended to read:
14 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
15 960.01-960.28, unless the context otherwise requires, the
16 term:
17 (3) "Crime" means:
18 (a) A felony or misdemeanor offense committed by
19 either an adult or a juvenile which results in personal,
20 psychiatric, or psychological physical injury to, or death of,
21 the victim or intervenor. The term also includes any such
22 criminal act which is committed within this state but which
23 falls exclusively within federal jurisdiction.
24 Section 9. This act shall take effect July 1, 2007.
25
26
27
28
29
30
31
27
CODING: Words stricken are deletions; words underlined are additions.