1 | A bill to be entitled |
2 | An act relating to criminal justice; amending s. 16.56, |
3 | F.S.; providing for jurisdiction of the Office of the |
4 | Statewide Prosecutor over certain obscenity offenses; |
5 | providing for jurisdiction over offenses facilitated by or |
6 | connected to the use of the Internet; creating s. |
7 | 775.0847, F.S.; providing for reclassification of certain |
8 | offenses involving child pornography; amending s. 775.13, |
9 | F.S.; increasing penalties for violation of specified |
10 | felon registration provisions; amending s. 847.0135, F.S.; |
11 | making editorial changes; revising prohibitions on use of |
12 | certain computer services to facilitate certain sexual |
13 | conduct to include electronic storage devices, additional |
14 | persons, and additional conduct; providing for charging |
15 | each conversation in which specified conduct occurs as a |
16 | separate offense; prohibiting traveling to meet minors for |
17 | certain purposes; providing criminal penalties; revising a |
18 | provision relating to state criminal jurisdiction; |
19 | providing for effect of certain prosecutions; amending s. |
20 | 910.15, F.S.; revising provisions relating to offenses |
21 | facilitated by communications systems; amending s. |
22 | 921.0022, F.S.; conforming Criminal Punishment Code |
23 | offense severity ranking chart; providing an effective |
24 | date. |
25 |
|
26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
|
28 | Section 1. Subsection (1) of section 16.56, Florida |
29 | Statutes, is amended to read: |
30 | 16.56 Office of Statewide Prosecution.-- |
31 | (1) There is created in the Department of Legal Affairs an |
32 | Office of Statewide Prosecution. The office shall be a separate |
33 | "budget entity" as that term is defined in chapter 216. The |
34 | office may: |
35 | (a) Investigate and prosecute the offenses of: |
36 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
37 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
38 | carjacking, and home-invasion robbery; |
39 | 2. Any crime involving narcotic or other dangerous drugs; |
40 | 3. Any violation of the provisions of the Florida RICO |
41 | (Racketeer Influenced and Corrupt Organization) Act, including |
42 | any offense listed in the definition of racketeering activity in |
43 | s. 895.02(1)(a), providing such listed offense is investigated |
44 | in connection with a violation of s. 895.03 and is charged in a |
45 | separate count of an information or indictment containing a |
46 | count charging a violation of s. 895.03, the prosecution of |
47 | which listed offense may continue independently if the |
48 | prosecution of the violation of s. 895.03 is terminated for any |
49 | reason; |
50 | 4. Any violation of the provisions of the Florida Anti- |
51 | Fencing Act; |
52 | 5. Any violation of the provisions of the Florida |
53 | Antitrust Act of 1980, as amended; |
54 | 6. Any crime involving, or resulting in, fraud or deceit |
55 | upon any person; |
56 | 7. Any violation of s. 847.0135, relating to computer |
57 | pornography and child exploitation prevention, or any offense |
58 | related to a violation of s. 847.0135 or any violation of |
59 | chapter 827 where the crime is facilitated by or connected to |
60 | the use of the Internet or any device capable of electronic data |
61 | storage or transmission; |
62 | 8. Any violation of the provisions of chapter 815; |
63 | 9. Any criminal violation of part I of chapter 499; |
64 | 10. Any violation of the provisions of the Florida Motor |
65 | Fuel Tax Relief Act of 2004; |
66 | 11. Any criminal violation of s. 409.920 or s. 409.9201; |
67 | or |
68 | 12. Any crime involving voter registration, voting, or |
69 | candidate or issue petition activities; |
70 |
|
71 | or any attempt, solicitation, or conspiracy to commit any of the |
72 | crimes specifically enumerated above. The office shall have such |
73 | power only when any such offense is occurring, or has occurred, |
74 | in two or more judicial circuits as part of a related |
75 | transaction, or when any such offense is connected with an |
76 | organized criminal conspiracy affecting two or more judicial |
77 | circuits. |
78 | (b) Investigate and prosecute any crime facilitated by or |
79 | connected to the use of the Internet. Any such crime is a crime |
80 | occurring in every judicial circuit within the state. |
81 | (c)(b) Upon request, cooperate with and assist state |
82 | attorneys and state and local law enforcement officials in their |
83 | efforts against organized crimes. |
84 | (d)(c) Request and receive from any department, division, |
85 | board, bureau, commission, or other agency of the state, or of |
86 | any political subdivision thereof, cooperation and assistance in |
87 | the performance of its duties. |
88 | Section 2. Section 775.0847, Florida Statutes, is created |
89 | to read: |
90 | 775.0847 Possession or promotion of certain images of |
91 | child pornography; reclassification.-- |
92 | (1) For purposes of this section: |
93 | (a) "Child" means any person, whose identity is known or |
94 | unknown, less than 18 years of age. |
95 | (b) "Sadomasochistic abuse" means flagellation or torture |
96 | by or upon a person or the condition of being fettered, bound, |
97 | or otherwise physically restrained, for the purpose of deriving |
98 | sexual satisfaction, or satisfaction brought about as a result |
99 | of sadistic violence, from inflicting harm on another or |
100 | receiving such harm oneself. |
101 | (c) "Sexual battery" means oral, anal, or vaginal |
102 | penetration by, or union with, the sexual organ of another or |
103 | the anal or vaginal penetration of another by any other object; |
104 | however, sexual battery does not include an act done for a bona |
105 | fide medical purpose. |
106 | (d) "Sexual bestiality" means any sexual act, actual or |
107 | simulated, between a person and an animal involving the sex |
108 | organ of the one and the mouth, anus, or vagina of the other. |
109 | (2)(a) The degree of a felony offense involving the |
110 | possession, production, or transmission of an image, in any |
111 | form, of child pornography or the sexual performance of a child |
112 | shall be reclassified to the next higher degree as provided in |
113 | paragraph (b) if the content of the image contains one or more |
114 | of the following: |
115 | 1. A child who is under the age of 5 years. |
116 | 2. Sadomasochistic abuse involving a child. |
117 | 3. Sexual battery involving a child. |
118 | 4. Sexual bestiality involving a child. |
119 | 5. Any video or live movie involving a child. |
120 | (b)1. In the case of a felony of the third degree, the |
121 | offense is reclassified to a felony of the second degree. |
122 | 2. In the case of a felony of the second degree, the |
123 | offense is reclassified to a felony of the first degree. |
124 |
|
125 | For purposes of sentencing under chapter 921 and determining |
126 | incentive gain-time eligibility under chapter 944, a felony |
127 | offense that is reclassified under this section is ranked one |
128 | level above the ranking under s. 921.0022 or s. 921.0023 of the |
129 | offense committed. |
130 | Section 3. Subsection (6) of section 775.13, Florida |
131 | Statutes, is amended to read: |
132 | 775.13 Registration of convicted felons, exemptions; |
133 | penalties.-- |
134 | (6) Failure of any such convicted felon to comply with |
135 | this section constitutes a felony misdemeanor of the third |
136 | second degree, punishable as provided in s. 775.082, or s. |
137 | 775.083, or s. 775.084. |
138 | Section 4. Section 847.0135, Florida Statutes, is amended |
139 | to read: |
140 | 847.0135 Computer pornography; traveling to meet minor; |
141 | penalties.-- |
142 | (1) SHORT TITLE.--This section shall be known and may be |
143 | cited as the "Computer Pornography and Child Exploitation |
144 | Prevention Act of 1986." |
145 | (2) COMPUTER PORNOGRAPHY.--A person who: |
146 | (a) Knowingly compiles, enters into, or transmits by use |
147 | of computer; |
148 | (b) Makes, prints, publishes, or reproduces by other |
149 | computerized means; |
150 | (c) Knowingly causes or allows to be entered into or |
151 | transmitted by use of computer; or |
152 | (d) Buys, sells, receives, exchanges, or disseminates, |
153 |
|
154 | any notice, statement, or advertisement of any minor's name, |
155 | telephone number, place of residence, physical characteristics, |
156 | or other descriptive or identifying information for purposes of |
157 | facilitating, encouraging, offering, or soliciting sexual |
158 | conduct of or with any minor, or the visual depiction of such |
159 | conduct, commits a felony of the third degree, punishable as |
160 | provided in s. 775.082, s. 775.083, or s. 775.084. The fact that |
161 | an undercover operative or law enforcement officer was involved |
162 | in the detection and investigation of an offense under this |
163 | section shall not constitute a defense to a prosecution under |
164 | this section. |
165 | (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES |
166 | PROHIBITED.--Any person who knowingly uses utilizes a computer |
167 | on-line service, Internet service, or local bulletin board |
168 | service, or any other device capable of electronic data storage |
169 | or transmission to seduce, solicit, lure, or entice, or attempt |
170 | to seduce, solicit, lure, or entice, a child, a child's |
171 | guardian, or another person believed by the person to be a child |
172 | or a child's guardian, to commit any illegal act described in |
173 | chapter 794, relating to sexual battery; chapter 800, relating |
174 | to lewdness and indecent exposure; or chapter 827, or to |
175 | otherwise engage in any unlawful sexual conduct with a child or |
176 | with another person believed by the person to be a child |
177 | relating to child abuse, commits a felony of the third degree, |
178 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
179 | Each separate conversation wherein this crime is committed may |
180 | be charged as a separate offense. |
181 | (4) TRAVELING TO MEET A MINOR.--Any person who travels any |
182 | distance either within this state, to this state, or from this |
183 | state by any means, who attempts to do so, or who causes another |
184 | to do so or to attempt to do so for the purpose of engaging in |
185 | any illegal act described in chapter 794, chapter 800, or |
186 | chapter 827, or to otherwise engage in other unlawful sexual |
187 | conduct with a child or with another person believed by the |
188 | person to be a child after using a computer on-line service, |
189 | Internet service, local bulletin board service, or any other |
190 | device capable of electronic data storage or transmission to |
191 | seduce, solicit, lure, or entice, or to attempt to seduce, |
192 | solicit, lure, or entice, a child or a child's guardian, or |
193 | another person believed by the person to be a child or a child's |
194 | guardian, for said purpose, commits a felony of the second |
195 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
196 | 775.084. |
197 | (5)(4) OWNERS OR OPERATORS OF COMPUTER SERVICES |
198 | LIABLE.--It is unlawful for any owner or operator of a computer |
199 | on-line service, Internet service, or local bulletin board |
200 | service knowingly to permit a subscriber to use utilize the |
201 | service to commit a violation of this section. Any person who |
202 | violates this section commits a misdemeanor of the first degree, |
203 | punishable by a fine not exceeding $2,000. |
204 | (6)(5) STATE CRIMINAL JURISDICTION.--A person is subject |
205 | to prosecution in this state pursuant to chapter 910 for any |
206 | conduct proscribed by this section which the person engages in, |
207 | while either within or outside this state, if by such conduct |
208 | the person commits a violation of this section involving a child |
209 | residing in this state, a child's guardian, or another person |
210 | believed by the person to be a child or a child's guardian |
211 | residing in this state. |
212 | (7) EFFECT OF PROSECUTION.--Prosecution of any person for |
213 | an offense under this section shall not prohibit prosecution of |
214 | that person in this state or another jurisdiction for a |
215 | violation of any law of this state, including a law providing |
216 | for greater penalties than prescribed in this section or any |
217 | other crime punishing the sexual performance or the sexual |
218 | exploitation of children. |
219 | Section 5. Subsection (1) of section 910.15, Florida |
220 | Statutes, is amended to read: |
221 | 910.15 Crimes facilitated by Theft and fraudulent |
222 | practices concerning communication systems.-- |
223 | (1) A person charged with committing a crime facilitated |
224 | by a communication through use of the mail, telephone, or |
225 | newspaper, or by radio, television, Internet, or another means |
226 | of electronic data communication may be tried in the county in |
227 | which the dissemination originated, in which the dissemination |
228 | was made, or in which any act necessary to consummate the |
229 | offense occurred : |
230 | (a) A fraudulent practice in a manner in which it may |
231 | reasonably be assumed that a communication made to facilitate |
232 | the fraudulent practice, or a false or misleading |
233 | representation, could or would be disseminated across |
234 | jurisdictional lines; or |
235 | (b) A theft involving the use of the mail, telephone, |
236 | newspaper, radio, television, or other means of communication, |
237 |
|
238 | may be tried in the county in which the dissemination |
239 | originated, in which the dissemination was made, or in which any |
240 | act necessary to consummate the offense occurred. |
241 | Section 6. Paragraphs (c) and (g) of subsection (3) of |
242 | section 921.0022, Florida Statutes, are amended to read: |
243 | 921.0022 Criminal Punishment Code; offense severity |
244 | ranking chart.-- |
245 | (3) OFFENSE SEVERITY RANKING CHART |
246 |
|
| FloridaStatute | FelonyDegree | Description |
|
247 |
|
| |
248 |
|
| 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
|
249 |
|
| 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
|
250 |
|
| 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
|
251 |
|
| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
|
252 |
|
| 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
|
253 |
|
| 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
|
254 |
|
| 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
|
255 |
|
| 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
|
256 |
|
| 327.35(2)(b) | 3rd | Felony BUI. |
|
257 |
|
| 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
|
258 |
|
| 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
|
259 |
|
| 370.12(1)(e)5. | 3rd | Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. |
|
260 |
|
| 370.12(1)(e)6. | 3rd | Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. |
|
261 |
|
| 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
|
262 |
|
| 400.903(3) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
|
263 |
|
| 440.105(3)(b) | 3rd | Receipt of fee or consideration without approval by judge of compensation claims. |
|
264 |
|
| 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
|
265 |
|
| 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
|
266 |
|
| 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
|
267 |
|
| 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
|
268 |
|
| 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
|
269 |
|
| 697.08 | 3rd | Equity skimming. |
|
270 |
|
| 775.13(6) | 3rd | Failure to register as a convicted felon |
|
271 |
|
| 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
|
272 |
|
| 796.05(1) | 3rd | Live on earnings of a prostitute. |
|
273 |
|
| 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
|
274 |
|
| 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
|
275 |
|
| 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
|
276 |
|
| 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
|
277 |
|
| 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
|
278 |
|
| 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
|
279 |
|
| 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
|
280 |
|
| 817.233 | 3rd | Burning to defraud insurer. |
|
281 |
|
| 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
|
282 |
|
| 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
|
283 |
|
| 817.236 | 3rd | Filing a false motor vehicle insurance application. |
|
284 |
|
| 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
|
285 |
|
| 817.413(2) | 3rd | Sale of used goods as new. |
|
286 |
|
| 817.505(4) | 3rd | Patient brokering. |
|
287 |
|
| 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
|
288 |
|
| 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
|
289 |
|
| 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
|
290 |
|
| 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
|
291 |
|
| 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
|
292 |
|
| 860.15(3) | 3rd | Overcharging for repairs and parts. |
|
293 |
|
| 870.01(2) | 3rd | Riot; inciting or encouraging. |
|
294 |
|
| 893.13(1)(a)2. | 3rd | Sell, manufacture, or deliver cannabis (or other 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). |
|
295 |
|
| 893.13(1)(d)2. | 2nd | Sell, manufacture, or deliver 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 within 1,000 feet of university. |
|
296 |
|
| 893.13(1)(f)2. | 2nd | Sell, manufacture, or deliver 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 within 1,000 feet of public housing facility. |
|
297 |
|
| 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
|
298 |
|
| 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
|
299 |
|
| 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
|
300 |
|
| 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
|
301 |
|
| 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
|
302 |
|
| 893.13(8)(a)1. | 3rd | Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice. |
|
303 |
|
| 893.13(8)(a)2. | 3rd | Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. |
|
304 |
|
| 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
|
305 |
|
| 893.13(8)(a)4. | 3rd | Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. |
|
306 |
|
| 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
|
307 |
|
| 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
|
308 |
|
| 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
|
309 |
|
| 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
|
310 |
|
| |
311 |
|
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
312 |
|
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
313 |
|
| 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. |
|
314 |
|
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
315 |
|
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
316 |
|
| 409.920(2) | 3rd | Medicaid provider fraud. |
|
317 |
|
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
318 |
|
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
319 |
|
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
320 |
|
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
321 |
|
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
322 |
|
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
323 |
|
| 462.17 | 3rd | Practicing naturopathy without a license. |
|
324 |
|
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
325 |
|
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
326 |
|
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
327 |
|
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
328 |
|
| 467.201 | 3rd | Practicing midwifery without a license. |
|
329 |
|
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
330 |
|
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
331 |
|
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
332 |
|
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
333 |
|
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
334 |
|
| 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. |
|
335 |
|
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
336 |
|
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
337 |
|
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
338 |
|
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
339 |
|
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
340 |
|
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
341 |
|
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
342 |
|
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
343 |
|
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
344 |
|
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
345 |
|
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
346 |
|
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
347 |
|
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
348 |
|
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
349 |
|
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
350 |
|
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
351 |
|
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
352 |
|
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
353 |
|
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
354 |
|
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
355 |
|
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
356 |
|
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
357 |
|
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
358 |
|
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
359 |
|
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
360 |
|
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
361 |
|
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
362 |
|
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
363 |
|
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
364 |
|
| 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. |
|
365 |
|
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
366 |
|
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
367 |
|
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
368 |
|
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
369 |
|
| 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. |
|
370 |
|
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
371 |
|
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
372 |
|
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
373 |
|
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
374 |
|
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
375 |
|
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
376 |
|
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
377 |
|
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
378 |
|
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
379 |
|
| 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. |
|
380 |
|
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
381 |
|
| 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. |
|
382 |
|
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
383 |
|
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
384 |
|
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
385 |
|
| |
386 |
|
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
387 |
|
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
388 |
|
| |
389 |
|
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
390 |
|
| 872.06 | 2nd | Abuse of a dead human body. |
|
391 |
|
| 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. |
|
392 |
|
| 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. |
|
393 |
|
| 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). |
|
394 |
|
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
395 |
|
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
396 |
|
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
397 |
|
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
398 |
|
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
399 |
|
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
400 |
|
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
401 |
|
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
402 |
|
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
403 |
|
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
404 |
|
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
405 |
|
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
406 |
|
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
407 |
|
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
408 |
|
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
409 |
|
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
410 |
|
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
411 |
|
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
412 |
|
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
413 |
|
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
414 |
|
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
415 |
|
416 | Section 7. This act shall take effect October 1, 2007. |