HB 103

1	A bill to be entitled
2	An act relating to criminal conduct; amending s. 827.03,
3	F.S.; defining the term "mental injury"; exempting
4	constitutionally protected acts from prohibitions on child
5	abuse, aggravated child abuse, and neglect; amending ss.
6	775.084, 775.0877, 782.07, 921.0022, 943.325, and 948.062,
7	F.S.; conforming cross-references; amending s. 960.03,
8	F.S.; redefining the term "crime" for purposes of crime
9	victims compensation to include additional forms of
10	injury; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 827.03, Florida Statutes, is amended to
15	read:
16	827.03  Abuse, aggravated abuse, and neglect of a child;
17	penalties.--
18	(1)  DEFINITIONS.--For purposes of this section:
19	(a)  "Aggravated child abuse" occurs when a person:
20	1.  Commits aggravated battery on a child;
21	2.  Willfully tortures, maliciously punishes, or willfully
22	and unlawfully cages a child; or
23	3.  Knowingly or willfully abuses a child and in so doing
24	causes great bodily harm, permanent disability, or permanent
25	disfigurement to the child.
26	(b)  "Child abuse" means:
27	1.(a)  Intentional infliction of physical or mental injury
28	upon a child;
29	2.(b)  An intentional act that could reasonably be expected
30	to result in physical or mental injury to a child; or
31	3.(c)  Active encouragement of any person to commit an act
32	that results or could reasonably be expected to result in
33	physical or mental injury to a child.
34
35	A person who knowingly or willfully abuses a child without
36	causing great bodily harm, permanent disability, or permanent
37	disfigurement to the child commits a felony of the third degree,
38	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
39	(2)  "Aggravated child abuse" occurs when a person:
40	(a)  Commits aggravated battery on a child;
41	(b)  Willfully tortures, maliciously punishes, or willfully
42	and unlawfully cages a child; or
43	(c)  Knowingly or willfully abuses a child and in so doing
44	causes great bodily harm, permanent disability, or permanent
45	disfigurement to the child.
46
47	A person who commits aggravated child abuse commits a felony of
48	the first degree, punishable as provided in s. 775.082, s.
49	775.083, or s. 775.084.
50	(c)  "Maliciously" means wrongfully, intentionally, and
51	without legal justification or excuse. Maliciousness may be
52	established by circumstances from which one could conclude that
53	a reasonable parent would not have engaged in the damaging acts
54	toward the child for any valid reason and that the primary
55	purpose of the acts was to cause the victim unjustifiable pain
56	or injury.
57	(d)  "Mental injury" shall have the same meaning as
58	provided in s. 39.01.
59	(e)(3)(a)  "Neglect of a child" means:
60	1.  A caregiver's failure or omission to provide a child
61	with the care, supervision, and services necessary to maintain
62	the child's physical and mental health, including, but not
63	limited to, food, nutrition, clothing, shelter, supervision,
64	medicine, and medical services that a prudent person would
65	consider essential for the well-being of the child; or
66	2.  A caregiver's failure to make a reasonable effort to
67	protect a child from abuse, neglect, or exploitation by another
68	person.
69
70	Neglect of a child may be based on repeated conduct or on a
71	single incident or omission that results in, or could reasonably
72	be expected to result in, serious physical or mental injury, or
73	a substantial risk of death, to a child.
74	(2)  OFFENSES.--
75	(a)  A person who commits aggravated child abuse commits a
76	felony of the first degree, punishable as provided in s.
77	775.082, s. 775.083, or s. 775.084.
78	(b)  A person who willfully or by culpable negligence
79	neglects a child and in so doing causes great bodily harm,
80	permanent disability, or permanent disfigurement to the child
81	commits a felony of the second degree, punishable as provided in
82	s. 775.082, s. 775.083, or s. 775.084.
83	(c)  A person who knowingly or willfully abuses a child
84	without causing great bodily harm, permanent disability, or
85	permanent disfigurement to the child commits a felony of the
86	third degree, punishable as provided in s. 775.082, s. 775.083,
87	or s. 775.084.
88	(d)(c)  A person who willfully or by culpable negligence
89	neglects a child without causing great bodily harm, permanent
90	disability, or permanent disfigurement to the child commits a
91	felony of the third degree, punishable as provided in s.
92	775.082, s. 775.083, or s. 775.084.
93	(3)  EXCEPTION.--An act does not violate this section if it
94	is protected by the First Amendment to the United States
95	Constitution or s. 4, Art. I of the State Constitution.
96	(4)  For purposes of this section, "maliciously" means
97	wrongfully, intentionally, and without legal justification or
98	excuse. Maliciousness may be established by circumstances from
99	which one could conclude that a reasonable parent would not have
100	engaged in the damaging acts toward the child for any valid
101	reason and that the primary purpose of the acts was to cause the
102	victim unjustifiable pain or injury.
103	Section 2.  Paragraph (d) of subsection (1) of section
104	775.084, Florida Statutes, is amended to read:
105	775.084  Violent career criminals; habitual felony
106	offenders and habitual violent felony offenders; three-time
107	violent felony offenders; definitions; procedure; enhanced
108	penalties or mandatory minimum prison terms.--
109	(1)  As used in this act:
110	(d)  "Violent career criminal" means a defendant for whom
111	the court must impose imprisonment pursuant to paragraph (4)(d),
112	if it finds that:
113	1.  The defendant has previously been convicted as an adult
114	three or more times for an offense in this state or other
115	qualified offense that is:
116	a.  Any forcible felony, as described in s. 776.08;
117	b.  Aggravated stalking, as described in s. 784.048(3) and
118	(4);
119	c.  Aggravated child abuse, as described in s.
120	827.03(2)(a);
121	d.  Aggravated abuse of an elderly person or disabled
122	adult, as described in s. 825.102(2);
123	e.  Lewd or lascivious battery, lewd or lascivious
124	molestation, lewd or lascivious conduct, or lewd or lascivious
125	exhibition, as described in s. 800.04;
126	f.  Escape, as described in s. 944.40; or
127	g.  A felony violation of chapter 790 involving the use or
128	possession of a firearm.
129	2.  The defendant has been incarcerated in a state prison
130	or a federal prison.
131	3.  The primary felony offense for which the defendant is
132	to be sentenced is a felony enumerated in subparagraph 1. and
133	was committed on or after October 1, 1995, and:
134	a.  While the defendant was serving a prison sentence or
135	other sentence, or court-ordered or lawfully imposed supervision
136	that is imposed as a result of a prior conviction for an
137	enumerated felony; or
138	b.  Within 5 years after the conviction of the last prior
139	enumerated felony, or within 5 years after the defendant's
140	release from a prison sentence, probation, community control,
141	control release, conditional release, parole, or court-ordered
142	or lawfully imposed supervision or other sentence that is
143	imposed as a result of a prior conviction for an enumerated
144	felony, whichever is later.
145	4.  The defendant has not received a pardon for any felony
146	or other qualified offense that is necessary for the operation
147	of this paragraph.
148	5.  A conviction of a felony or other qualified offense
149	necessary to the operation of this paragraph has not been set
150	aside in any postconviction proceeding.
151	Section 3.  Paragraphs (h) and (i) of subsection (1) of
152	section 775.0877, Florida Statutes, are amended to read:
153	775.0877  Criminal transmission of HIV; procedures;
154	penalties.--
155	(1)  In any case in which a person has been convicted of or
156	has pled nolo contendere or guilty to, regardless of whether
157	adjudication is withheld, any of the following offenses, or the
158	attempt thereof, which offense or attempted offense involves the
159	transmission of body fluids from one person to another:
160	(h)  Section 827.03(2)(c)(1), relating to child abuse,
161	(i)  Section 827.03(2)(a), relating to aggravated child
162	abuse,
163
164	the court shall order the offender to undergo HIV testing, to be
165	performed under the direction of the Department of Health in
166	accordance with s. 381.004, unless the offender has undergone
167	HIV testing voluntarily or pursuant to procedures established in
168	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
169	rule providing for HIV testing of criminal offenders or inmates,
170	subsequent to her or his arrest for an offense enumerated in
171	paragraphs (a)-(n) for which she or he was convicted or to which
172	she or he pled nolo contendere or guilty. The results of an HIV
173	test performed on an offender pursuant to this subsection are
174	not admissible in any criminal proceeding arising out of the
175	alleged offense.
176	Section 4.  Subsection (3) of section 782.07, Florida
177	Statutes, is amended to read:
178	782.07  Manslaughter; aggravated manslaughter of an elderly
179	person or disabled adult; aggravated manslaughter of a child;
180	aggravated manslaughter of an officer, a firefighter, an
181	emergency medical technician, or a paramedic.--
182	(3)  A person who causes the death of any person under the
183	age of 18 by culpable negligence under s. 827.03(2)(b)(3)
184	commits aggravated manslaughter of a child, a felony of the
185	first degree, punishable as provided in s. 775.082, s. 775.083,
186	or s. 775.084.
187	Section 5.  Paragraphs (f), (g), and (i) of subsection (3)
188	of section 921.0022, Florida Statutes, are amended to read:
189	921.0022  Criminal Punishment Code; offense severity
190	ranking chart.--
191	(3)  OFFENSE SEVERITY RANKING CHART
192	(f)  LEVEL 6
193
	FloridaStatute FelonyDegree Description
194
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
195
	499.0051(3) 2nd Forgery of pedigree papers.
196
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
197
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
198
	775.0875(1) 3rd Taking firearm from law enforcement officer.
199
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
200
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
201
	784.041 3rd Felony battery; domestic battery by strangulation.
202
	784.048(3) 3rd Aggravated stalking; credible threat.
203
	784.048(5) 3rd Aggravated stalking of person under 16.
204
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
205
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
206
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
207
	784.081(2) 2nd Aggravated assault on specified official or employee.
208
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
209
	784.083(2) 2nd Aggravated assault on code inspector.
210
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
211
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
212
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
213
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
214
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
215
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
216
	794.05(1) 2nd Unlawful sexual activity with specified minor.
217
	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.
218
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
219
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
220
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
221
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
222
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
223
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
224
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
225
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
226
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
227
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
228
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
229
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
230
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
231
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
232
	827.03(2)(c)(1) 3rd Abuse of a child.
233
	827.03(2)(d)(3)(c) 3rd Neglect of a child.
234
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
235
	836.05 2nd Threats; extortion.
236
	836.10 2nd Written threats to kill or do bodily injury.
237
	843.12 3rd Aids or assists person to escape.
238
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
239
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
240
	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.
241
	944.40 2nd Escapes.
242
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
243
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
244
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
245
246	(g)  LEVEL 7
247
	FloridaStatute FelonyDegree Description
248
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
249
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
250
	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.
251
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
252
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
253
	409.920(2) 3rd Medicaid provider fraud.
254
	456.065(2) 3rd Practicing a health care profession without a license.
255
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
256
	458.327(1) 3rd Practicing medicine without a license.
257
	459.013(1) 3rd Practicing osteopathic medicine without a license.
258
	460.411(1) 3rd Practicing chiropractic medicine without a license.
259
	461.012(1) 3rd Practicing podiatric medicine without a license.
260
	462.17 3rd Practicing naturopathy without a license.
261
	463.015(1) 3rd Practicing optometry without a license.
262
	464.016(1) 3rd Practicing nursing without a license.
263
	465.015(2) 3rd Practicing pharmacy without a license.
264
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
265
	467.201 3rd Practicing midwifery without a license.
266
	468.366 3rd Delivering respiratory care services without a license.
267
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
268
	483.901(9) 3rd Practicing medical physics without a license.
269
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
270
	484.053 3rd Dispensing hearing aids without a license.
271
	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.
272
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
273
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
274
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
275
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
276
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
277
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
278
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
279
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
280
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
281
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
282
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
283
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
284
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
285
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
286
	784.048(7) 3rd Aggravated stalking; violation of court order.
287
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
288
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
289
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
290
	784.081(1) 1st Aggravated battery on specified official or employee.
291
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
292
	784.083(1) 1st Aggravated battery on code inspector.
293
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
294
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
295
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
296
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
297
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
298
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
299
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
300
	796.03 2nd Procuring any person under 16 years for prostitution.
301
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
302
	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.
303
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
304
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
305
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
306
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
307
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
308
	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.
309
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
310
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
311
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
312
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
313
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
314
	812.131(2)(a) 2nd Robbery by sudden snatching.
315
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
316
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
317
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
318
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
319
	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.
320
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
321
	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.
322
	827.03(2)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
323
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
324
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
325
	838.015 2nd Bribery.
326
	838.016 2nd Unlawful compensation or reward for official behavior.
327
	838.021(3)(a) 2nd Unlawful harm to a public servant.
328
	838.22 2nd Bid tampering.
329
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
330
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
331
	872.06 2nd Abuse of a dead human body.
332
	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.
333
	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.
334
	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).
335
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
336
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
337
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
338
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
339
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
340
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
341
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
342
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
343
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
344
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
345
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
346
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
347
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
348
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
349
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
350
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
351
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
352
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
353
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
354
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
355
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
356
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
357
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
358
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
359
360	(i)  LEVEL 9
361
	FloridaStatute FelonyDegree Description
362
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
363
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
364
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
365
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
366
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
367
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
368
	775.0844 1st Aggravated white collar crime.
369
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
370
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
371
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
372
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
373
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
374
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
375
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
376
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
377
	790.161 1st Attempted capital destructive device offense.
378
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
379
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
380
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
381
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
382
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
383
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
384
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
385
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
386
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
387
	812.135(2)(b) 1st Home-invasion robbery with weapon.
388
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
389
	827.03(2)(a) 1st Aggravated child abuse.
390
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
391
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
392
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
393
	893.135 1st Attempted capital trafficking offense.
394
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
395
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
396
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
397
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
398
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
399
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
400
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
401
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
402
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
403
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
404
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
405
406	Section 6.  Paragraph (b) of subsection (1) of section
407	943.325, Florida Statutes, is amended to read:
408	943.325  Blood or other biological specimen testing for DNA
409	analysis.--
410	(1)
411	(b)1.  Chapter 794, chapter 800, s. 782.04, s. 784.045, s.
412	810.02, s. 812.133, or s. 812.135.
413	2.  Effective July 1, 2002, and contingent upon specific
414	appropriation, s. 812.13 or s. 812.131.
415	3.  Effective July 1, 2003, and contingent upon specific
416	appropriation, chapter 787 or s. 782.07.
417	4.  Effective July 1, 2004, and contingent upon specific
418	appropriation, any forcible felony, as described in s. 776.08,
419	aggravated child abuse, as described in s. 827.03(2)(a),
420	aggravated abuse of an elderly person or a disabled adult, as
421	described in s. 825.102(2), or any felony violation of chapter
422	790 involving the use or possession of a firearm.
423	5.  Effective July 1, 2005, and contingent upon specific
424	appropriation, any felony offense.
425	Section 7.  Paragraph (f) of subsection (1) of section
426	948.062, Florida Statutes, is amended to read:
427	948.062  Reviewing and reporting serious offenses committed
428	by offenders placed on probation or community control.--
429	(1)  The department shall review the circumstances related
430	to an offender placed on probation or community control who has
431	been arrested while on supervision for the following offenses:
432	(f)  Any aggravated child abuse as provided in s.
433	827.03(2)(a);
434	Section 8.  Paragraph (a) of subsection (3) of section
435	960.03, Florida Statutes, is amended to read:
436	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
437	960.01-960.28, unless the context otherwise requires, the term:
438	(3)  "Crime" means:
439	(a)  A felony or misdemeanor offense committed by either an
440	adult or a juvenile which results in physical injury or death,
441	including a felony or misdemeanor offense committed by either an
442	adult or a juvenile which results in psychiatric or
443	psychological injury to a person less than 18 years of age who
444	was not physically injured by the criminal act. The term also
445	includes any such criminal act which is committed within this
446	state but which falls exclusively within federal jurisdiction.
447	Section 9.  This act shall take effect July 1, 2008.

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