CS/HB 339

1	A bill to be entitled
2	An act relating to federal law enforcement officers;
3	amending s. 784.07, F.S.; redefining the term "law
4	enforcement officer" to include a federal law enforcement
5	officer for purposes of certain enhanced penalties imposed
6	for the offense of assault or battery of a law enforcement
7	officer; amending s. 843.08, F.S.; adding federal law
8	enforcement officer to offense of false personation;
9	reenacting ss. 435.04(3)(a), 901.15(15), 921.0022(3)(b),
10	(d), (f), and (g), 943.051(3)(b), and 985.11(1)(b), F.S.,
11	relating to screening standards, arrest without warrant,
12	the offense severity ranking chart, and the fingerprinting
13	of minors, to incorporate the amendments to ss. 784.07 and
14	843.08, F.S., in references thereto; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Paragraph (a) of subsection (1) of section
20	784.07, Florida Statutes, is amended, and subsections (2) and
21	(3) of that section are reenacted, to read:
22	784.07  Assault or battery of law enforcement officers,
23	firefighters, emergency medical care providers, public transit
24	employees or agents, or other specified officers;
25	reclassification of offenses; minimum sentences.--
26	(1)  As used in this section, the term:
27	(a)  "Law enforcement officer" includes a law enforcement
28	officer, a correctional officer, a correctional probation
29	officer, a part-time law enforcement officer, a part-time
30	correctional officer, an auxiliary law enforcement officer, and
31	an auxiliary correctional officer, as those terms are
32	respectively defined in s. 943.10, and any county probation
33	officer; an employee or agent of the Department of Corrections
34	who supervises or provides services to inmates; an officer of
35	the Parole Commission; a federal law enforcement officer as
36	defined in s. 901.1505; and law enforcement personnel of the
37	Fish and Wildlife Conservation Commission, the Department of
38	Environmental Protection, or the Department of Law Enforcement.
39	(2)  Whenever any person is charged with knowingly
40	committing an assault or battery upon a law enforcement officer,
41	a firefighter, an emergency medical care provider, a traffic
42	accident investigation officer as described in s. 316.640, a
43	nonsworn law enforcement agency employee who is certified as an
44	agency inspector, blood alcohol analyst, or a breath test
45	operator while such employee is in uniform and engaged in
46	processing, testing, evaluating, analyzing, or transporting a
47	person who is detained or under arrest for DUI, a traffic
48	infraction enforcement officer as described in s. 316.640, a
49	parking enforcement specialist as defined in s. 316.640, a
50	person licensed as a security officer as defined in s. 493.6101
51	and wearing a uniform that bears at least one patch or emblem
52	that is visible at all times that clearly identifies the
53	employing agency and that clearly identifies the person as a
54	licensed security officer, or a security officer employed by the
55	board of trustees of a community college, while the officer,
56	firefighter, emergency medical care provider, intake officer,
57	traffic accident investigation officer, traffic infraction
58	enforcement officer, inspector, analyst, operator, parking
59	enforcement specialist, public transit employee or agent, or
60	security officer is engaged in the lawful performance of his or
61	her duties, the offense for which the person is charged shall be
62	reclassified as follows:
63	(a)  In the case of assault, from a misdemeanor of the
64	second degree to a misdemeanor of the first degree.
65	(b)  In the case of battery, from a misdemeanor of the
66	first degree to a felony of the third degree.
67	(c)  In the case of aggravated assault, from a felony of
68	the third degree to a felony of the second degree.
69	Notwithstanding any other provision of law, any person convicted
70	of aggravated assault upon a law enforcement officer shall be
71	sentenced to a minimum term of imprisonment of 3 years.
72	(d)  In the case of aggravated battery, from a felony of
73	the second degree to a felony of the first degree.
74	Notwithstanding any other provision of law, any person convicted
75	of aggravated battery of a law enforcement officer shall be
76	sentenced to a minimum term of imprisonment of 5 years.
77	(3)  Any person who is convicted of a battery under
78	paragraph (2)(b) and, during the commission of the offense, such
79	person possessed:
80	(a)  A "firearm" or "destructive device" as those terms are
81	defined in s. 790.001, shall be sentenced to a minimum term of
82	imprisonment of 3 years.
83	(b)  A semiautomatic firearm and its high-capacity
84	detachable box magazine, as defined in s. 775.087(3), or a
85	machine gun as defined in s. 790.001, shall be sentenced to a
86	minimum term of imprisonment of 8 years.
87
88	Notwithstanding s. 948.01, adjudication of guilt or imposition
89	of sentence shall not be suspended, deferred, or withheld, and
90	the defendant is not eligible for statutory gain-time under s.
91	944.275 or any form of discretionary early release, other than
92	pardon or executive clemency, or conditional medical release
93	under s. 947.149, prior to serving the minimum sentence.
94	Section 2.  Section 843.08, Florida Statutes, is amended to
95	read:
96	843.08  Falsely personating officer, etc.--A person who
97	falsely assumes or pretends to be a sheriff, officer of the
98	Florida Highway Patrol, officer of the Fish and Wildlife
99	Conservation Commission, officer of the Department of
100	Environmental Protection, officer of the Department of
101	Transportation, officer of the Department of Financial Services,
102	officer of the Department of Corrections, correctional probation
103	officer, deputy sheriff, state attorney or assistant state
104	attorney, statewide prosecutor or assistant statewide
105	prosecutor, state attorney investigator, coroner, police
106	officer, lottery special agent or lottery investigator, beverage
107	enforcement agent, or watchman, or any member of the Parole
108	Commission and any administrative aide or supervisor employed by
109	the commission, or any personnel or representative of the
110	Department of Law Enforcement, or a federal law enforcement
111	officer as defined in s. 901.1505, and takes upon himself or
112	herself to act as such, or to require any other person to aid or
113	assist him or her in a matter pertaining to the duty of any such
114	officer, commits a felony of the third degree, punishable as
115	provided in s. 775.082, s. 775.083, or s. 775.084; however, a
116	person who falsely personates any such officer during the course
117	of the commission of a felony commits a felony of the second
118	degree, punishable as provided in s. 775.082, s. 775.083, or s.
119	775.084; except that if the commission of the felony results in
120	the death or personal injury of another human being, the person
121	commits a felony of the first degree, punishable as provided in
122	s. 775.082, s. 775.083, or s. 775.084.
123	Section 3.  For the purpose of incorporating the amendment
124	made by this act to section 784.07, Florida Statutes, in a
125	reference thereto, paragraph (a) of subsection (3) of section
126	435.04, Florida Statutes, is reenacted to read:
127	435.04  Level 2 screening standards.--
128	(3)  The security background investigations conducted under
129	this section for employees of the Department of Juvenile Justice
130	must ensure that no persons subject to the provisions of this
131	section have been found guilty of, regardless of adjudication,
132	or entered a plea of nolo contendere or guilty to, any offense
133	prohibited under any of the following provisions of the Florida
134	Statutes or under any similar statute of another jurisdiction:
135	(a)  Section 784.07, relating to assault or battery of law
136	enforcement officers, firefighters, emergency medical care
137	providers, public transit employees or agents, or other
138	specified officers.
139
140	The Department of Juvenile Justice may not remove a
141	disqualification from employment or grant an exemption to any
142	person who is disqualified under this section for any offense
143	disposed of during the most recent 7-year period.
144	Section 4.  For the purpose of incorporating the amendment
145	made by this act to section 784.07, Florida Statutes, in a
146	reference thereto, subsection (15) of section 901.15, Florida
147	Statutes, is reenacted to read:
148	901.15  When arrest by officer without warrant is
149	lawful.--A law enforcement officer may arrest a person without a
150	warrant when:
151	(15)  There is probable cause to believe that the person
152	has committed assault upon a law enforcement officer, a
153	firefighter, an emergency medical care provider, public transit
154	employees or agents, or other specified officers as set forth in
155	s. 784.07 or has committed assault or battery upon any employee
156	of a receiving facility as defined in s. 394.455 who is engaged
157	in the lawful performance of his or her duties.
158	Section 5.  For the purpose of incorporating the amendment
159	made by this act to section 843.08, Florida Statutes, in a
160	reference thereto, paragraph (b) of subsection (3) of section
161	921.0022, Florida Statutes is reenacted, and for the purpose of
162	incorporating the amendment made by this act to section 784.07,
163	Florida Statutes, in references thereto, paragraphs (d), (f),
164	and (g) of subsection (3) of that section are reenacted, to
165	read:
166	921.0022  Criminal Punishment Code; offense severity
167	ranking chart.--
168	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
169
	Statute Degree Description
170
	(b)  LEVEL 2
171
	370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
172
	370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
173
	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
174
	517.07 3rd Registration of securities and furnishing of prospectus required.
175
	590.28(1) 3rd Willful, malicious, or intentional burning.
176
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
177
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
178
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
179
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
180
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
181
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
182
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
183
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
184
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
185
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
186
	817.52(3) 3rd Failure to redeliver hired vehicle.
187
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
188
	817.60(5) 3rd Dealing in credit cards of another.
189
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
190
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
191
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
192
	831.01 3rd Forgery.
193
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
194
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
195
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
196
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
197
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
198
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
199
	843.08 3rd Falsely impersonating an officer.
200
	893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
201
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
202
	(d)  LEVEL 4
203
	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.
204
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
205
	499.0051(2) 3rd Failure to authenticate pedigree papers.
206
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
207
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
208
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
209
	784.075 3rd Battery on detention or commitment facility staff.
210
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
211
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
212
	784.081(3) 3rd Battery on specified official or employee.
213
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
214
	784.083(3) 3rd Battery on code inspector.
215
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
216
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
217
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
218
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
219
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
220
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
221
	790.115(2)(c) 3rd Possessing firearm on school property.
222
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
223
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
224
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
225
	810.06 3rd Burglary; possession of tools.
226
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
227
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
228
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
229
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
230
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s.893.03(5) drugs.
231
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
232
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
233
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
234
	837.02(1) 3rd Perjury in official proceedings.
235
	837.021(1) 3rd Make contradictory statements in official proceedings.
236
	838.022 3rd Official misconduct.
237
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
238
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
239
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
240
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
241
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
242
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
243
	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).
244
	914.14(2) 3rd Witnesses accepting bribes.
245
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
246
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
247
	918.12 3rd Tampering with jurors.
248
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
249
	(f)  LEVEL 6
250
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
251
	499.0051(3) 2nd Forgery of pedigree papers.
252
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
253
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
254
	775.0875(1) 3rd Taking firearm from law enforcement officer.
255
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
256
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
257
	784.041 3rd Felony battery.
258
	784.048(3) 3rd Aggravated stalking; credible threat.
259
	784.048(5) 3rd Aggravated stalking of person under 16.
260
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
261
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
262
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
263
	784.081(2) 2nd Aggravated assault on specified official or employee.
264
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
265
	784.083(2) 2nd Aggravated assault on code inspector.
266
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
267
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
268
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
269
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
270
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
271
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
272
	794.05(1) 2nd Unlawful sexual activity with specified minor.
273
	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.
274
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
275
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
276
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
277
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
278
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
279
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
280
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
281
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
282
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
283
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
284
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
285
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
286
	827.03(1) 3rd Abuse of a child.
287
	827.03(3)(c) 3rd Neglect of a child.
288
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
289
	836.05 2nd Threats; extortion.
290
	836.10 2nd Written threats to kill or do bodily injury.
291
	843.12 3rd Aids or assists person to escape.
292
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
293
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
294
	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.
295
	944.40 2nd Escapes.
296
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
297
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
298
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
299
	(g)  LEVEL 7
300
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
301
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
302
	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.
303
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
304
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
305
	409.920(2) 3rd Medicaid provider fraud.
306
	456.065(2) 3rd Practicing a health care profession without a license.
307
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
308
	458.327(1) 3rd Practicing medicine without a license.
309
	459.013(1) 3rd Practicing osteopathic medicine without a license.
310
	460.411(1) 3rd Practicing chiropractic medicine without a license.
311
	461.012(1) 3rd Practicing podiatric medicine without a license.
312
	462.17 3rd Practicing naturopathy without a license.
313
	463.015(1) 3rd Practicing optometry without a license.
314
	464.016(1) 3rd Practicing nursing without a license.
315
	465.015(2) 3rd Practicing pharmacy without a license.
316
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
317
	467.201 3rd Practicing midwifery without a license.
318
	468.366 3rd Delivering respiratory care services without a license.
319
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
320
	483.901(9) 3rd Practicing medical physics without a license.
321
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
322
	484.053 3rd Dispensing hearing aids without a license.
323
	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.
324
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
325
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
326
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
327
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
328
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
329
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
330
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
331
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
332
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
333
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
334
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
335
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
336
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
337
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
338
	784.048(7) 3rd Aggravated stalking; violation of court order.
339
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
340
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
341
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
342
	784.081(1) 1st Aggravated battery on specified official or employee.
343
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
344
	784.083(1) 1st Aggravated battery on code inspector.
345
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
346
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
347
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
348
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
349
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
350
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
351
	796.03 2nd Procuring any person under 16 years for prostitution.
352
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
353
	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.
354
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
355
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
356
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
357
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
358
	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.
359
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
360
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
361
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
362
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
363
	812.131(2)(a) 2nd Robbery by sudden snatching.
364
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
365
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
366
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
367
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
368
	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.
369
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
370
	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.
371
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
372
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
373
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
374
	838.015 2nd Bribery.
375
	838.016 2nd Unlawful compensation or reward for official behavior.
376
	838.021(3)(a) 2nd Unlawful harm to a public servant.
377
	838.22 2nd Bid tampering.
378
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
379
	872.06 2nd Abuse of a dead human body.
380
	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.
381
	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.
382
	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).
383
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
384
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
385
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
386
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
387
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
388
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
389
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
390
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
391
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
392
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
393
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
394
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
395
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
396
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
397
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
398
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
399
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
400
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
401
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
402
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
403
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
404
405	Section 6.  For the purpose of incorporating the amendment
406	made by this act to section 784.07, Florida Statutes, in a
407	reference thereto, paragraph (b) of subsection (3) of section
408	943.051, Florida Statutes, is reenacted to read:
409	943.051  Criminal justice information; collection and
410	storage; fingerprinting.--
411	(3)
412	(b)  A minor who is charged with or found to have committed
413	the following offenses shall be fingerprinted and the
414	fingerprints shall be submitted to the department:
415	1.  Assault, as defined in s. 784.011.
416	2.  Battery, as defined in s. 784.03.
417	3.  Carrying a concealed weapon, as defined in s.
418	790.01(1).
419	4.  Unlawful use of destructive devices or bombs, as
420	defined in s. 790.1615(1).
421	5.  Negligent treatment of children, as defined in s.
422	827.05.
423	6.  Assault or battery on a law enforcement officer, a
424	firefighter, or other specified officers, as defined in s.
425	784.07(2)(a) and (b).
426	7.  Open carrying of a weapon, as defined in s. 790.053.
427	8.  Exposure of sexual organs, as defined in s. 800.03.
428	9.  Unlawful possession of a firearm, as defined in s.
429	790.22(5).
430	10.  Petit theft, as defined in s. 812.014(3).
431	11.  Cruelty to animals, as defined in s. 828.12(1).
432	12.  Arson, as defined in s. 806.031(1).
433	13.  Unlawful possession or discharge of a weapon or
434	firearm at a school-sponsored event or on school property as
435	defined in s. 790.115.
436	Section 7.  For the purpose of incorporating the amendment
437	made by this act to section 784.07, Florida Statutes, in a
438	reference thereto, paragraph (b) of subsection (1) of section
439	985.11, Florida Statutes, is reenacted to read:
440	985.11  Fingerprinting and photographing.--
441	(1)
442	(b)  A child who is charged with or found to have committed
443	one of the following offenses shall be fingerprinted, and the
444	fingerprints shall be submitted to the Department of Law
445	Enforcement as provided in s. 943.051(3)(b):
446	1.  Assault, as defined in s. 784.011.
447	2.  Battery, as defined in s. 784.03.
448	3.  Carrying a concealed weapon, as defined in s.
449	790.01(1).
450	4.  Unlawful use of destructive devices or bombs, as
451	defined in s. 790.1615(1).
452	5.  Negligent treatment of children, as defined in former
453	s. 827.05.
454	6.  Assault on a law enforcement officer, a firefighter, or
455	other specified officers, as defined in s. 784.07(2)(a).
456	7.  Open carrying of a weapon, as defined in s. 790.053.
457	8.  Exposure of sexual organs, as defined in s. 800.03.
458	9.  Unlawful possession of a firearm, as defined in s.
459	790.22(5).
460	10.  Petit theft, as defined in s. 812.014.
461	11.  Cruelty to animals, as defined in s. 828.12(1).
462	12.  Arson, resulting in bodily harm to a firefighter, as
463	defined in s. 806.031(1).
464	13.  Unlawful possession or discharge of a weapon or
465	firearm at a school-sponsored event or on school property as
466	defined in s. 790.115.
467
468	A law enforcement agency may fingerprint and photograph a child
469	taken into custody upon probable cause that such child has
470	committed any other violation of law, as the agency deems
471	appropriate. Such fingerprint records and photographs shall be
472	retained by the law enforcement agency in a separate file, and
473	these records and all copies thereof must be marked "Juvenile
474	Confidential." These records are not available for public
475	disclosure and inspection under s. 119.07(1) except as provided
476	in ss. 943.053 and 985.04(2), but shall be available to other
477	law enforcement agencies, criminal justice agencies, state
478	attorneys, the courts, the child, the parents or legal
479	custodians of the child, their attorneys, and any other person
480	authorized by the court to have access to such records. In
481	addition, such records may be submitted to the Department of Law
482	Enforcement for inclusion in the state criminal history records
483	and used by criminal justice agencies for criminal justice
484	purposes. These records may, in the discretion of the court, be
485	open to inspection by anyone upon a showing of cause. The
486	fingerprint and photograph records shall be produced in the
487	court whenever directed by the court. Any photograph taken
488	pursuant to this section may be shown by a law enforcement
489	officer to any victim or witness of a crime for the purpose of
490	identifying the person who committed such crime.
491	Section 8.  This act shall take effect July 1, 2007.

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