HB 339

1	A bill to be entitled
2	An act relating to assault or battery of a law enforcement
3	officer; amending s. 784.07, F.S.; redefining the term
4	"law enforcement officer" to include a federal law
5	enforcement officer for purposes of certain enhanced
6	penalties imposed for the offense of assault or battery of
7	a law enforcement officer; reenacting ss. 435.04(3)(a),
8	901.15(15), 921.0022(3)(d), (f), and (g), 943.051(3)(b),
9	and 985.11(1)(b), F.S., relating to screening standards,
10	arrest without warrant, the offense severity ranking
11	chart, and the fingerprinting of minors, to incorporate
12	the amendment to s. 784.07, F.S., in references thereto;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Paragraph (a) of subsection (1) of section
18	784.07, Florida Statutes, is amended, and subsections (2) and
19	(3) of that section are reenacted, to read:
20	784.07  Assault or battery of law enforcement officers,
21	firefighters, emergency medical care providers, public transit
22	employees or agents, or other specified officers;
23	reclassification of offenses; minimum sentences.--
24	(1)  As used in this section, the term:
25	(a)  "Law enforcement officer" includes a law enforcement
26	officer, a correctional officer, a correctional probation
27	officer, a part-time law enforcement officer, a part-time
28	correctional officer, an auxiliary law enforcement officer, and
29	an auxiliary correctional officer, as those terms are
30	respectively defined in s. 943.10, and any county probation
31	officer; an employee or agent of the Department of Corrections
32	who supervises or provides services to inmates; an officer of
33	the Parole Commission; a federal law enforcement officer as
34	defined in s. 901.1505; and law enforcement personnel of the
35	Fish and Wildlife Conservation Commission, the Department of
36	Environmental Protection, or the Department of Law Enforcement.
37	(2)  Whenever any person is charged with knowingly
38	committing an assault or battery upon a law enforcement officer,
39	a firefighter, an emergency medical care provider, a traffic
40	accident investigation officer as described in s. 316.640, a
41	nonsworn law enforcement agency employee who is certified as an
42	agency inspector, blood alcohol analyst, or a breath test
43	operator while such employee is in uniform and engaged in
44	processing, testing, evaluating, analyzing, or transporting a
45	person who is detained or under arrest for DUI, a traffic
46	infraction enforcement officer as described in s. 316.640, a
47	parking enforcement specialist as defined in s. 316.640, a
48	person licensed as a security officer as defined in s. 493.6101
49	and wearing a uniform that bears at least one patch or emblem
50	that is visible at all times that clearly identifies the
51	employing agency and that clearly identifies the person as a
52	licensed security officer, or a security officer employed by the
53	board of trustees of a community college, while the officer,
54	firefighter, emergency medical care provider, intake officer,
55	traffic accident investigation officer, traffic infraction
56	enforcement officer, inspector, analyst, operator, parking
57	enforcement specialist, public transit employee or agent, or
58	security officer is engaged in the lawful performance of his or
59	her duties, the offense for which the person is charged shall be
60	reclassified as follows:
61	(a)  In the case of assault, from a misdemeanor of the
62	second degree to a misdemeanor of the first degree.
63	(b)  In the case of battery, from a misdemeanor of the
64	first degree to a felony of the third degree.
65	(c)  In the case of aggravated assault, from a felony of
66	the third degree to a felony of the second degree.
67	Notwithstanding any other provision of law, any person convicted
68	of aggravated assault upon a law enforcement officer shall be
69	sentenced to a minimum term of imprisonment of 3 years.
70	(d)  In the case of aggravated battery, from a felony of
71	the second degree to a felony of the first degree.
72	Notwithstanding any other provision of law, any person convicted
73	of aggravated battery of a law enforcement officer shall be
74	sentenced to a minimum term of imprisonment of 5 years.
75	(3)  Any person who is convicted of a battery under
76	paragraph (2)(b) and, during the commission of the offense, such
77	person possessed:
78	(a)  A "firearm" or "destructive device" as those terms are
79	defined in s. 790.001, shall be sentenced to a minimum term of
80	imprisonment of 3 years.
81	(b)  A semiautomatic firearm and its high-capacity
82	detachable box magazine, as defined in s. 775.087(3), or a
83	machine gun as defined in s. 790.001, shall be sentenced to a
84	minimum term of imprisonment of 8 years.
85
86	Notwithstanding s. 948.01, adjudication of guilt or imposition
87	of sentence shall not be suspended, deferred, or withheld, and
88	the defendant is not eligible for statutory gain-time under s.
89	944.275 or any form of discretionary early release, other than
90	pardon or executive clemency, or conditional medical release
91	under s. 947.149, prior to serving the minimum sentence.
92	Section 2.  For the purpose of incorporating the amendment
93	made by this act to section 784.07, Florida Statutes, in a
94	reference thereto, paragraph (a) of subsection (3) of section
95	435.04, Florida Statutes, is reenacted to read:
96	435.04  Level 2 screening standards.--
97	(3)  The security background investigations conducted under
98	this section for employees of the Department of Juvenile Justice
99	must ensure that no persons subject to the provisions of this
100	section have been found guilty of, regardless of adjudication,
101	or entered a plea of nolo contendere or guilty to, any offense
102	prohibited under any of the following provisions of the Florida
103	Statutes or under any similar statute of another jurisdiction:
104	(a)  Section 784.07, relating to assault or battery of law
105	enforcement officers, firefighters, emergency medical care
106	providers, public transit employees or agents, or other
107	specified officers.
108
109	The Department of Juvenile Justice may not remove a
110	disqualification from employment or grant an exemption to any
111	person who is disqualified under this section for any offense
112	disposed of during the most recent 7-year period.
113	Section 3.  For the purpose of incorporating the amendment
114	made by this act to section 784.07, Florida Statutes, in a
115	reference thereto, subsection (15) of section 901.15, Florida
116	Statutes, is reenacted to read:
117	901.15  When arrest by officer without warrant is
118	lawful.--A law enforcement officer may arrest a person without a
119	warrant when:
120	(15)  There is probable cause to believe that the person
121	has committed assault upon a law enforcement officer, a
122	firefighter, an emergency medical care provider, public transit
123	employees or agents, or other specified officers as set forth in
124	s. 784.07 or has committed assault or battery upon any employee
125	of a receiving facility as defined in s. 394.455 who is engaged
126	in the lawful performance of his or her duties.
127	Section 4.  For the purpose of incorporating the amendment
128	made by this act to section 784.07, Florida Statutes, in a
129	reference thereto, paragraphs (d), (f), and (g) of subsection
130	(3) of section 921.0022, Florida Statutes, are reenacted to
131	read:
132	921.0022  Criminal Punishment Code; offense severity
133	ranking chart.--
134	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
135
	Statute Degree Description
136
	(d)  LEVEL 4
137
	316.1935(3)(a) 2nd 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.
138
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
139
	499.0051(2) 3rd Failure to authenticate pedigree papers.
140
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
141
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
142
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
143
	784.075 3rd Battery on detention or commitment facility staff.
144
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
145
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
146
	784.081(3) 3rd Battery on specified official or employee.
147
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
148
	784.083(3) 3rd Battery on code inspector.
149
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
150
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
151
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
152
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
153
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
154
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
155
	790.115(2)(c) 3rd Possessing firearm on school property.
156
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
157
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
158
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
159
	810.06 3rd Burglary; possession of tools.
160
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
161
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
162
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
163
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
164
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s.893.03(5) drugs.
165
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
166
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
167
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
168
	837.02(1) 3rd Perjury in official proceedings.
169
	837.021(1) 3rd Make contradictory statements in official proceedings.
170
	838.022 3rd Official misconduct.
171
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
172
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
173
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
174
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
175
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
176
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
177
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4.drugs).
178
	914.14(2) 3rd Witnesses accepting bribes.
179
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
180
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
181
	918.12 3rd Tampering with jurors.
182
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
183
	(f)  LEVEL 6
184
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
185
	499.0051(3) 2nd Forgery of pedigree papers.
186
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
187
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
188
	775.0875(1) 3rd Taking firearm from law enforcement officer.
189
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
190
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
191
	784.041 3rd Felony battery.
192
	784.048(3) 3rd Aggravated stalking; credible threat.
193
	784.048(5) 3rd Aggravated stalking of person under 16.
194
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
195
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
196
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
197
	784.081(2) 2nd Aggravated assault on specified official or employee.
198
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
199
	784.083(2) 2nd Aggravated assault on code inspector.
200
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
201
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
202
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
203
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
204
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
205
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
206
	794.05(1) 2nd Unlawful sexual activity with specified minor.
207
	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.
208
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
209
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
210
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
211
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
212
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
213
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
214
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
215
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
216
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
217
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
218
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
219
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
220
	827.03(1) 3rd Abuse of a child.
221
	827.03(3)(c) 3rd Neglect of a child.
222
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
223
	836.05 2nd Threats; extortion.
224
	836.10 2nd Written threats to kill or do bodily injury.
225
	843.12 3rd Aids or assists person to escape.
226
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
227
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
228
	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.
229
	944.40 2nd Escapes.
230
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
231
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
232
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
233
	(g)  LEVEL 7
234
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
235
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
236
	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.
237
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
238
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
239
	409.920(2) 3rd Medicaid provider fraud.
240
	456.065(2) 3rd Practicing a health care profession without a license.
241
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
242
	458.327(1) 3rd Practicing medicine without a license.
243
	459.013(1) 3rd Practicing osteopathic medicine without a license.
244
	460.411(1) 3rd Practicing chiropractic medicine without a license.
245
	461.012(1) 3rd Practicing podiatric medicine without a license.
246
	462.17 3rd Practicing naturopathy without a license.
247
	463.015(1) 3rd Practicing optometry without a license.
248
	464.016(1) 3rd Practicing nursing without a license.
249
	465.015(2) 3rd Practicing pharmacy without a license.
250
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
251
	467.201 3rd Practicing midwifery without a license.
252
	468.366 3rd Delivering respiratory care services without a license.
253
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
254
	483.901(9) 3rd Practicing medical physics without a license.
255
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
256
	484.053 3rd Dispensing hearing aids without a license.
257
	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.
258
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
259
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
260
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
261
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
262
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
263
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
264
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
265
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
266
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
267
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
268
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
269
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
270
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
271
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
272
	784.048(7) 3rd Aggravated stalking; violation of court order.
273
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
274
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
275
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
276
	784.081(1) 1st Aggravated battery on specified official or employee.
277
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
278
	784.083(1) 1st Aggravated battery on code inspector.
279
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
280
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
281
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
282
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
283
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
284
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
285
	796.03 2nd Procuring any person under 16 years for prostitution.
286
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
287
	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.
288
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
289
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
290
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
291
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
292
	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.
293
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
294
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
295
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
296
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
297
	812.131(2)(a) 2nd Robbery by sudden snatching.
298
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
299
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
300
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
301
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
302
	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.
303
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
304
	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.
305
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
306
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
307
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
308
	838.015 2nd Bribery.
309
	838.016 2nd Unlawful compensation or reward for official behavior.
310
	838.021(3)(a) 2nd Unlawful harm to a public servant.
311
	838.22 2nd Bid tampering.
312
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
313
	872.06 2nd Abuse of a dead human body.
314
	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.
315
	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.
316
	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).
317
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
318
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
319
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
320
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
321
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
322
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
323
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
324
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
325
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
326
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
327
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
328
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
329
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
330
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
331
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
332
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
333
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
334
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
335
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
336
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
337
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
338
339	Section 5.  For the purpose of incorporating the amendment
340	made by this act to section 784.07, Florida Statutes, in a
341	reference thereto, paragraph (b) of subsection (3) of section
342	943.051, Florida Statutes, is reenacted to read:
343	943.051  Criminal justice information; collection and
344	storage; fingerprinting.--
345	(3)
346	(b)  A minor who is charged with or found to have committed
347	the following offenses shall be fingerprinted and the
348	fingerprints shall be submitted to the department:
349	1.  Assault, as defined in s. 784.011.
350	2.  Battery, as defined in s. 784.03.
351	3.  Carrying a concealed weapon, as defined in s.
352	790.01(1).
353	4.  Unlawful use of destructive devices or bombs, as
354	defined in s. 790.1615(1).
355	5.  Negligent treatment of children, as defined in s.
356	827.05.
357	6.  Assault or battery on a law enforcement officer, a
358	firefighter, or other specified officers, as defined in s.
359	784.07(2)(a) and (b).
360	7.  Open carrying of a weapon, as defined in s. 790.053.
361	8.  Exposure of sexual organs, as defined in s. 800.03.
362	9.  Unlawful possession of a firearm, as defined in s.
363	790.22(5).
364	10.  Petit theft, as defined in s. 812.014(3).
365	11.  Cruelty to animals, as defined in s. 828.12(1).
366	12.  Arson, as defined in s. 806.031(1).
367	13.  Unlawful possession or discharge of a weapon or
368	firearm at a school-sponsored event or on school property as
369	defined in s. 790.115.
370	Section 6.  For the purpose of incorporating the amendment
371	made by this act to section 784.07, Florida Statutes, in a
372	reference thereto, paragraph (b) of subsection (1) of section
373	985.11, Florida Statutes, is reenacted to read:
374	985.11  Fingerprinting and photographing.--
375	(1)
376	(b)  A child who is charged with or found to have committed
377	one of the following offenses shall be fingerprinted, and the
378	fingerprints shall be submitted to the Department of Law
379	Enforcement as provided in s. 943.051(3)(b):
380	1.  Assault, as defined in s. 784.011.
381	2.  Battery, as defined in s. 784.03.
382	3.  Carrying a concealed weapon, as defined in s.
383	790.01(1).
384	4.  Unlawful use of destructive devices or bombs, as
385	defined in s. 790.1615(1).
386	5.  Negligent treatment of children, as defined in former
387	s. 827.05.
388	6.  Assault on a law enforcement officer, a firefighter, or
389	other specified officers, as defined in s. 784.07(2)(a).
390	7.  Open carrying of a weapon, as defined in s. 790.053.
391	8.  Exposure of sexual organs, as defined in s. 800.03.
392	9.  Unlawful possession of a firearm, as defined in s.
393	790.22(5).
394	10.  Petit theft, as defined in s. 812.014.
395	11.  Cruelty to animals, as defined in s. 828.12(1).
396	12.  Arson, resulting in bodily harm to a firefighter, as
397	defined in s. 806.031(1).
398	13.  Unlawful possession or discharge of a weapon or
399	firearm at a school-sponsored event or on school property as
400	defined in s. 790.115.
401
402	A law enforcement agency may fingerprint and photograph a child
403	taken into custody upon probable cause that such child has
404	committed any other violation of law, as the agency deems
405	appropriate. Such fingerprint records and photographs shall be
406	retained by the law enforcement agency in a separate file, and
407	these records and all copies thereof must be marked "Juvenile
408	Confidential." These records are not available for public
409	disclosure and inspection under s. 119.07(1) except as provided
410	in ss. 943.053 and 985.04(2), but shall be available to other
411	law enforcement agencies, criminal justice agencies, state
412	attorneys, the courts, the child, the parents or legal
413	custodians of the child, their attorneys, and any other person
414	authorized by the court to have access to such records. In
415	addition, such records may be submitted to the Department of Law
416	Enforcement for inclusion in the state criminal history records
417	and used by criminal justice agencies for criminal justice
418	purposes. These records may, in the discretion of the court, be
419	open to inspection by anyone upon a showing of cause. The
420	fingerprint and photograph records shall be produced in the
421	court whenever directed by the court. Any photograph taken
422	pursuant to this section may be shown by a law enforcement
423	officer to any victim or witness of a crime for the purpose of
424	identifying the person who committed such crime.
425	Section 7.  This act shall take effect July 1, 2007.

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