CS/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" with respect to
4	the offenses of abuse, aggravated abuse, and neglect of a
5	child; requiring that a person acting as an expert witness
6	have certain credentials; providing affirmative defenses
7	to the offenses of child abuse, aggravated child abuse,
8	and neglect; amending ss. 775.084, 775.0877, 782.07,
9	921.0022, 943.325, and 948.062, F.S.; conforming cross-
10	references; amending s. 960.03, F.S.; redefining the term
11	"crime" for purposes of crime victims compensation to
12	include additional forms of injury; redefining the term
13	"victim" to conform with the modified definition of the
14	term "crime"; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 827.03, Florida Statutes, is amended to
19	read:
20	827.03  Abuse, aggravated abuse, and neglect of a child;
21	penalties.--
22	(1)  DEFINITIONS.--For purposes of this section:
23	(a)  "Aggravated child abuse" occurs when a person:
24	1.  Commits aggravated battery on a child;
25	2.  Willfully tortures, maliciously punishes, or willfully
26	and unlawfully cages a child; or
27	3.  Knowingly or willfully abuses a child and in so doing
28	causes great bodily harm, permanent disability, or permanent
29	disfigurement to the child.
30	(b)  "Child abuse" means:
31	1.(a)  Intentional infliction of physical or mental injury
32	upon a child;
33	2.(b)  An intentional act that could reasonably be expected
34	to result in physical or mental injury to a child; or
35	3.(c)  Active encouragement of any person to commit an act
36	that results or could reasonably be expected to result in
37	physical or mental injury to a child.
38
39	A person who knowingly or willfully abuses a child without
40	causing great bodily harm, permanent disability, or permanent
41	disfigurement to the child commits a felony of the third degree,
42	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
43	(2)  "Aggravated child abuse" occurs when a person:
44	(a)  Commits aggravated battery on a child;
45	(b)  Willfully tortures, maliciously punishes, or willfully
46	and unlawfully cages a child; or
47	(c)  Knowingly or willfully abuses a child and in so doing
48	causes great bodily harm, permanent disability, or permanent
49	disfigurement to the child.
50
51	A person who commits aggravated child abuse commits a felony of
52	the first degree, punishable as provided in s. 775.082, s.
53	775.083, or s. 775.084.
54	(c)  "Maliciously" means wrongfully, intentionally, and
55	without legal justification or excuse. Maliciousness may be
56	established by circumstances from which one could conclude that
57	a reasonable parent would not have engaged in the damaging acts
58	toward the child for any valid reason and that the primary
59	purpose of the acts was to cause the victim unjustifiable pain
60	or injury.
61	(d)  "Mental injury" shall mean multiple instances of
62	injury caused by the same abuser to the intellectual or
63	psychological capacity of a child as evidenced by a discernible
64	and substantial impairment in the ability of the child to
65	function within the normal range of performance and behavior as
66	supported by expert testimony. A person may not give expert
67	testimony regarding mental injury unless that person is a
68	physician licensed under chapter 458 or chapter 459 who is board
69	certified in psychiatry and has devoted professional time during
70	the 3 years immediately preceding the date of the occurrence to
71	the active clinical practice of, or consulting with respect to,
72	a specialty that includes the evaluation, diagnosis, or
73	treatment of the condition that is the subject of the offense.
74	(e)(3)(a)  "Neglect of a child" means:
75	1.  A caregiver's failure or omission to provide a child
76	with the care, supervision, and services necessary to maintain
77	the child's physical and mental health, including, but not
78	limited to, food, nutrition, clothing, shelter, supervision,
79	medicine, and medical services that a prudent person would
80	consider essential for the well-being of the child; or
81	2.  A caregiver's failure to make a reasonable effort to
82	protect a child from abuse, neglect, or exploitation by another
83	person.
84
85	Except as otherwise provided in this section, neglect of a child
86	may be based on repeated conduct or on a single incident or
87	omission that results in, or could reasonably be expected to
88	result in, serious physical or mental injury, or a substantial
89	risk of death, to a child.
90	(2)  OFFENSES.--
91	(a)  A person who commits aggravated child abuse commits a
92	felony of the first degree, punishable as provided in s.
93	775.082, s. 775.083, or s. 775.084.
94	(b)  A person who willfully or by culpable negligence
95	neglects a child and in so doing causes great bodily harm,
96	permanent disability, or permanent disfigurement to the child
97	commits a felony of the second degree, punishable as provided in
98	s. 775.082, s. 775.083, or s. 775.084.
99	(c)  A person who knowingly or willfully abuses a child
100	without causing great bodily harm, permanent disability, or
101	permanent disfigurement to the child commits a felony of the
102	third degree, punishable as provided in s. 775.082, s. 775.083,
103	or s. 775.084.
104	(d)(c)  A person who willfully or by culpable negligence
105	neglects a child without causing great bodily harm, permanent
106	disability, or permanent disfigurement to the child commits a
107	felony of the third degree, punishable as provided in s.
108	775.082, s. 775.083, or s. 775.084.
109	(3)  AFFIRMATIVE DEFENSES.--
110	(a)  If the offense charged under this section is based
111	solely on oral statements of the defendant, it shall be an
112	affirmative defense to prosecution of that offense that the
113	conduct giving rise to the offense was solely speech protected
114	by the First Amendment to the United States Constitution. This
115	affirmative defense shall not apply to speech that was directed
116	to inciting or producing imminent lawless action and that was
117	likely to incite or produce such action.
118	(b)  If the offense charged under this section is based
119	solely on a claim of mental injury because of a caregiver's
120	failure to make a reasonable effort to protect a child from an
121	abuser other than the defendant, it shall be an affirmative
122	defense to a prosecution of that offense that the defendant was
123	a victim of an act of domestic violence as defined in s. 741.28
124	or had reasonable cause to believe that he or she was about to
125	become a victim of an act of domestic violence, and the
126	defendant had reasonable cause to believe that the action or
127	failure to act was necessary in order for the defendant to
128	escape from, or protect himself or herself from, the domestic
129	violence or to preserve the minor or incompetent person from
130	exposure to domestic violence. However, this affirmative defense
131	shall not be available to any person in relation to instances of
132	child abuse arising after the defense has been previously
133	asserted with respect to the same abuser.
134	(4)  For purposes of this section, "maliciously" means
135	wrongfully, intentionally, and without legal justification or
136	excuse. Maliciousness may be established by circumstances from
137	which one could conclude that a reasonable parent would not have
138	engaged in the damaging acts toward the child for any valid
139	reason and that the primary purpose of the acts was to cause the
140	victim unjustifiable pain or injury.
141	Section 2.  Paragraph (d) of subsection (1) of section
142	775.084, Florida Statutes, is amended to read:
143	775.084  Violent career criminals; habitual felony
144	offenders and habitual violent felony offenders; three-time
145	violent felony offenders; definitions; procedure; enhanced
146	penalties or mandatory minimum prison terms.--
147	(1)  As used in this act:
148	(d)  "Violent career criminal" means a defendant for whom
149	the court must impose imprisonment pursuant to paragraph (4)(d),
150	if it finds that:
151	1.  The defendant has previously been convicted as an adult
152	three or more times for an offense in this state or other
153	qualified offense that is:
154	a.  Any forcible felony, as described in s. 776.08;
155	b.  Aggravated stalking, as described in s. 784.048(3) and
156	(4);
157	c.  Aggravated child abuse, as described in s.
158	827.03(2)(a);
159	d.  Aggravated abuse of an elderly person or disabled
160	adult, as described in s. 825.102(2);
161	e.  Lewd or lascivious battery, lewd or lascivious
162	molestation, lewd or lascivious conduct, or lewd or lascivious
163	exhibition, as described in s. 800.04;
164	f.  Escape, as described in s. 944.40; or
165	g.  A felony violation of chapter 790 involving the use or
166	possession of a firearm.
167	2.  The defendant has been incarcerated in a state prison
168	or a federal prison.
169	3.  The primary felony offense for which the defendant is
170	to be sentenced is a felony enumerated in subparagraph 1. and
171	was committed on or after October 1, 1995, and:
172	a.  While the defendant was serving a prison sentence or
173	other sentence, or court-ordered or lawfully imposed supervision
174	that is imposed as a result of a prior conviction for an
175	enumerated felony; or
176	b.  Within 5 years after the conviction of the last prior
177	enumerated felony, or within 5 years after the defendant's
178	release from a prison sentence, probation, community control,
179	control release, conditional release, parole, or court-ordered
180	or lawfully imposed supervision or other sentence that is
181	imposed as a result of a prior conviction for an enumerated
182	felony, whichever is later.
183	4.  The defendant has not received a pardon for any felony
184	or other qualified offense that is necessary for the operation
185	of this paragraph.
186	5.  A conviction of a felony or other qualified offense
187	necessary to the operation of this paragraph has not been set
188	aside in any postconviction proceeding.
189	Section 3.  Paragraphs (h) and (i) of subsection (1) of
190	section 775.0877, Florida Statutes, are amended to read:
191	775.0877  Criminal transmission of HIV; procedures;
192	penalties.--
193	(1)  In any case in which a person has been convicted of or
194	has pled nolo contendere or guilty to, regardless of whether
195	adjudication is withheld, any of the following offenses, or the
196	attempt thereof, which offense or attempted offense involves the
197	transmission of body fluids from one person to another:
198	(h)  Section 827.03(2)(c)(1), relating to child abuse,
199	(i)  Section 827.03(2)(a), relating to aggravated child
200	abuse,
201
202	the court shall order the offender to undergo HIV testing, to be
203	performed under the direction of the Department of Health in
204	accordance with s. 381.004, unless the offender has undergone
205	HIV testing voluntarily or pursuant to procedures established in
206	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
207	rule providing for HIV testing of criminal offenders or inmates,
208	subsequent to her or his arrest for an offense enumerated in
209	paragraphs (a)-(n) for which she or he was convicted or to which
210	she or he pled nolo contendere or guilty. The results of an HIV
211	test performed on an offender pursuant to this subsection are
212	not admissible in any criminal proceeding arising out of the
213	alleged offense.
214	Section 4.  Subsection (3) of section 782.07, Florida
215	Statutes, is amended to read:
216	782.07  Manslaughter; aggravated manslaughter of an elderly
217	person or disabled adult; aggravated manslaughter of a child;
218	aggravated manslaughter of an officer, a firefighter, an
219	emergency medical technician, or a paramedic.--
220	(3)  A person who causes the death of any person under the
221	age of 18 by culpable negligence under s. 827.03(2)(b)(3)
222	commits aggravated manslaughter of a child, a felony of the
223	first degree, punishable as provided in s. 775.082, s. 775.083,
224	or s. 775.084.
225	Section 5.  Paragraphs (f), (g), and (i) of subsection (3)
226	of section 921.0022, Florida Statutes, are amended to read:
227	921.0022  Criminal Punishment Code; offense severity
228	ranking chart.--
229	(3)  OFFENSE SEVERITY RANKING CHART
230	(f)  LEVEL 6
231
	FloridaStatute FelonyDegree Description
232
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
233
	499.0051(3) 2nd Forgery of pedigree papers.
234
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
235
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
236
	775.0875(1) 3rd Taking firearm from law enforcement officer.
237
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
238
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
239
	784.041 3rd Felony battery; domestic battery by strangulation.
240
	784.048(3) 3rd Aggravated stalking; credible threat.
241
	784.048(5) 3rd Aggravated stalking of person under 16.
242
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
243
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
244
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
245
	784.081(2) 2nd Aggravated assault on specified official or employee.
246
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
247
	784.083(2) 2nd Aggravated assault on code inspector.
248
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
249
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
250
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
251
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
252
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
253
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
254
	794.05(1) 2nd Unlawful sexual activity with specified minor.
255
	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.
256
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
257
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
258
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
259
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
260
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
261
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
262
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
263
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
264
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
265
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
266
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
267
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
268
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
269
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
270
	827.03(2)(c)(1) 3rd Abuse of a child.
271
	827.03(2)(d)(3)(c) 3rd Neglect of a child.
272
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
273
	836.05 2nd Threats; extortion.
274
	836.10 2nd Written threats to kill or do bodily injury.
275
	843.12 3rd Aids or assists person to escape.
276
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
277
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
278
	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.
279
	944.40 2nd Escapes.
280
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
281
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
282
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
283
284	(g)  LEVEL 7
285
	FloridaStatute FelonyDegree Description
286
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
287
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
288
	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.
289
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
290
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
291
	409.920(2) 3rd Medicaid provider fraud.
292
	456.065(2) 3rd Practicing a health care profession without a license.
293
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
294
	458.327(1) 3rd Practicing medicine without a license.
295
	459.013(1) 3rd Practicing osteopathic medicine without a license.
296
	460.411(1) 3rd Practicing chiropractic medicine without a license.
297
	461.012(1) 3rd Practicing podiatric medicine without a license.
298
	462.17 3rd Practicing naturopathy without a license.
299
	463.015(1) 3rd Practicing optometry without a license.
300
	464.016(1) 3rd Practicing nursing without a license.
301
	465.015(2) 3rd Practicing pharmacy without a license.
302
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
303
	467.201 3rd Practicing midwifery without a license.
304
	468.366 3rd Delivering respiratory care services without a license.
305
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
306
	483.901(9) 3rd Practicing medical physics without a license.
307
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
308
	484.053 3rd Dispensing hearing aids without a license.
309
	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.
310
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
311
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
312
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
313
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
314
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
315
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
316
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
317
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
318
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
319
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
320
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
321
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
322
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
323
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
324
	784.048(7) 3rd Aggravated stalking; violation of court order.
325
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
326
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
327
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
328
	784.081(1) 1st Aggravated battery on specified official or employee.
329
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
330
	784.083(1) 1st Aggravated battery on code inspector.
331
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
332
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
333
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
334
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
335
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
336
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
337
	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.
338
	796.03 2nd Procuring any person under 16 years for prostitution.
339
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
340
	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.
341
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
342
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
343
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
344
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
345
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
346
	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.
347
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
348
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
349
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
350
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
351
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
352
	812.131(2)(a) 2nd Robbery by sudden snatching.
353
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
354
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
355
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
356
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
357
	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.
358
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
359
	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.
360
	827.03(2)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
361
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
362
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
363
	838.015 2nd Bribery.
364
	838.016 2nd Unlawful compensation or reward for official behavior.
365
	838.021(3)(a) 2nd Unlawful harm to a public servant.
366
	838.22 2nd Bid tampering.
367
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
368
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
369
	872.06 2nd Abuse of a dead human body.
370
	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.
371
	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.
372
	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).
373
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
374
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
375
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
376
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
377
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
378
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
379
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
380
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
381
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
382
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
383
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
384
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
385
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
386
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
387
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
388
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
389
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
390
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
391
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
392
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
393
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
394
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
395
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
396
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
397
398	(i)  LEVEL 9
399
	FloridaStatute FelonyDegree Description
400
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
401
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
402
	499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
403
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
404
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
405
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
406
	775.0844 1st Aggravated white collar crime.
407
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
408
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
409
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
410
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
411
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
412
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
413
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
414
	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.
415
	790.161 1st Attempted capital destructive device offense.
416
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
417
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
418
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
419
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
420
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
421
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
422
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
423
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
424
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
425
	812.135(2)(b) 1st Home-invasion robbery with weapon.
426
	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.
427
	827.03(2)(a) 1st Aggravated child abuse.
428
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
429
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
430
	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.
431
	893.135 1st Attempted capital trafficking offense.
432
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
433
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
434
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
435
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
436
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
437
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
438
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
439
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
440
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
441
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
442
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
443
444	Section 6.  Paragraph (b) of subsection (1) of section
445	943.325, Florida Statutes, is amended to read:
446	943.325  Blood or other biological specimen testing for DNA
447	analysis.--
448	(1)
449	(b)1.  Chapter 794, chapter 800, s. 782.04, s. 784.045, s.
450	810.02, s. 812.133, or s. 812.135.
451	2.  Effective July 1, 2002, and contingent upon specific
452	appropriation, s. 812.13 or s. 812.131.
453	3.  Effective July 1, 2003, and contingent upon specific
454	appropriation, chapter 787 or s. 782.07.
455	4.  Effective July 1, 2004, and contingent upon specific
456	appropriation, any forcible felony, as described in s. 776.08,
457	aggravated child abuse, as described in s. 827.03(2)(a),
458	aggravated abuse of an elderly person or a disabled adult, as
459	described in s. 825.102(2), or any felony violation of chapter
460	790 involving the use or possession of a firearm.
461	5.  Effective July 1, 2005, and contingent upon specific
462	appropriation, any felony offense.
463	Section 7.  Paragraph (f) of subsection (1) of section
464	948.062, Florida Statutes, is amended to read:
465	948.062  Reviewing and reporting serious offenses committed
466	by offenders placed on probation or community control.--
467	(1)  The department shall review the circumstances related
468	to an offender placed on probation or community control who has
469	been arrested while on supervision for the following offenses:
470	(f)  Any aggravated child abuse as provided in s.
471	827.03(2)(a);
472	Section 8.  Paragraph (a) of subsection (3) and subsection
473	(13) of section 960.03, Florida Statutes, are amended to read:
474	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
475	960.01-960.28, unless the context otherwise requires, the term:
476	(3)  "Crime" means:
477	(a)  A felony or misdemeanor offense committed by either an
478	adult or a juvenile which results in physical injury or death,
479	including a felony or misdemeanor offense committed by either an
480	adult or a juvenile which results in psychiatric or
481	psychological injury to a person less than 18 years of age who
482	was not physically injured by the criminal act. The term also
483	includes any such criminal act which is committed within this
484	state but which falls exclusively within federal jurisdiction.
485	(13)  "Victim" means:
486	(a)  A person who suffers personal physical injury or death
487	as a direct result of a crime;
488	(b)  Except as otherwise set forth in paragraph (3)(a)
489	concerning injuries to minors, a person less than 16 years of
490	age who was present at the scene of a crime, saw or heard the
491	crime, and suffered a psychiatric or psychological injury
492	because of the crime, but who was not physically injured; or
493	(c)  A person against whom a forcible felony was committed
494	and who suffers a psychiatric or psychological injury as a
495	direct result of that crime but who does not otherwise sustain a
496	personal physical injury or death.
497	Section 9.  This act shall take effect July 1, 2008.

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