Florida Senate - 2008 (Reformatted) SB 278
By Senator Rich
34-00308-08 2008278__
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A bill to be entitled
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An act relating to protection of ocean lifeguards;
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amending s. 784.07, F.S.; providing a definition;
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providing enhanced penalties for an assault or battery on
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an ocean lifeguard while he or she is engaged in the
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lawful performance of his or her duties; amending ss.
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provisions; amending s. 921.0022, F.S., and reenacting
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paragraph (3)(d), relating the offense severity ranking
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chart, to conform; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (e) is added to subsection (1) of
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section 784.07, Florida Statutes, subsection (2) of that section
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is amended, and subsection (3) of that section is reenacted, to
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read:
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784.07 Assault or battery of law enforcement officers,
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firefighters, emergency medical care providers, public transit
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employees or agents, or other specified officers;
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reclassification of offenses; minimum sentences.--
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(1) As used in this section, the term:
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(e) "Ocean lifeguard" means a lifeguard employed along the
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coastal or intracoastal beaches and shores of the state to help
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prevent injury or drowning of persons.
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(2) Whenever any person is charged with knowingly
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committing an assault or battery upon a law enforcement officer,
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a firefighter, an emergency medical care provider, a traffic
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accident investigation officer as described in s. 316.640, a
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nonsworn law enforcement agency employee who is certified as an
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agency inspector, blood alcohol analyst, or a breath test
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operator while such employee is in uniform and engaged in
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processing, testing, evaluating, analyzing, or transporting a
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person who is detained or under arrest for DUI, a traffic
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infraction enforcement officer as described in s. 316.640, a
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parking enforcement specialist as defined in s. 316.640, a person
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licensed as a security officer as defined in s. 493.6101 and
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wearing a uniform that bears at least one patch or emblem that is
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visible at all times that clearly identifies the employing agency
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and that clearly identifies the person as a licensed security
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officer, or a security officer employed by the board of trustees
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of a community college, or an ocean lifeguard while the officer,
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firefighter, emergency medical care provider, intake officer,
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traffic accident investigation officer, traffic infraction
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enforcement officer, inspector, analyst, operator, parking
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enforcement specialist, public transit employee or agent, or
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security officer, or ocean lifeguard is engaged in the lawful
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performance of his or her duties, the offense for which the
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person is charged shall be reclassified as follows:
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(a) In the case of assault, from a misdemeanor of the
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second degree to a misdemeanor of the first degree.
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(b) In the case of battery, from a misdemeanor of the first
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degree to a felony of the third degree.
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(c) In the case of aggravated assault, from a felony of the
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third degree to a felony of the second degree. Notwithstanding
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any other provision of law, any person convicted of aggravated
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assault upon a law enforcement officer shall be sentenced to a
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minimum term of imprisonment of 3 years.
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(d) In the case of aggravated battery, from a felony of the
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second degree to a felony of the first degree. Notwithstanding
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any other provision of law, any person convicted of aggravated
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battery of a law enforcement officer shall be sentenced to a
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minimum term of imprisonment of 5 years.
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(3) Any person who is convicted of a battery under
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paragraph (2)(b) and, during the commission of the offense, such
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person possessed:
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(a) A "firearm" or "destructive device" as those terms are
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defined in s. 790.001, shall be sentenced to a minimum term of
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imprisonment of 3 years.
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(b) A semiautomatic firearm and its high-capacity
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detachable box magazine, as defined in s. 775.087(3), or a
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machine gun as defined in s. 790.001, shall be sentenced to a
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minimum term of imprisonment of 8 years.
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Notwithstanding s. 948.01, adjudication of guilt or imposition of
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sentence shall not be suspended, deferred, or withheld, and the
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defendant is not eligible for statutory gain-time under s.
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944.275 or any form of discretionary early release, other than
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pardon or executive clemency, or conditional medical release
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under s. 947.149, prior to serving the minimum sentence.
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Section 2. Paragraph (a) of subsection (3) of section
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435.04, Florida Statutes, is amended to read:
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435.04 Level 2 screening standards.--
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(3) The security background investigations conducted under
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this section for employees of the Department of Juvenile Justice
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must ensure that no persons subject to the provisions of this
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section have been found guilty of, regardless of adjudication, or
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entered a plea of nolo contendere or guilty to, any offense
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prohibited under any of the following provisions of the Florida
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Statutes or under any similar statute of another jurisdiction:
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(a) Section 784.07, relating to assault or battery of law
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enforcement officers, firefighters, emergency medical care
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providers, public transit employees or agents, or other specified
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persons officers.
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The Department of Juvenile Justice may not remove a
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disqualification from employment or grant an exemption to any
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person who is disqualified under this section for any offense
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disposed of during the most recent 7-year period.
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Section 3. Subsection (15) of section 901.15, Florida
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Statutes, is amended to read:
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901.15 When arrest by officer without warrant is lawful.--A
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law enforcement officer may arrest a person without a warrant
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when:
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(15) There is probable cause to believe that the person has
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committed assault upon a law enforcement officer, a firefighter,
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an emergency medical care provider, public transit employee
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employees or agent agents, or other specified person officers as
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set forth in s. 784.07 or has committed assault or battery upon
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any employee of a receiving facility as defined in s. 394.455 who
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is engaged in the lawful performance of his or her duties.
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Section 4. For the purpose of incorporating the amendment
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made by this act to section 784.07, Florida Statutes, in a
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reference thereto, paragraphs (d) of subsection (3) of section
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921.0022, Florida Statutes, is reenacted, and paragraphs (f) and
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(g) of that subsection are amended to read:
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921.0022 Criminal Punishment Code; offense severity ranking
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chart.--
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(3) OFFENSE SEVERITY RANKING CHART
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(d) LEVEL 4
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| FloridaStatute | FelonyDegree | Description |
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| 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
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| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
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| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
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| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
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| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
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| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
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| 784.075 | 3rd | Battery on detention or commitment facility staff. |
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| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
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| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
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| 784.081(3) | 3rd | Battery on specified official or employee. |
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| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
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| 784.083(3) | 3rd | Battery on code inspector. |
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| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
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| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
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| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
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| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
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| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
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| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
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| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
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| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
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| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
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| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
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| 810.06 | 3rd | Burglary; possession of tools. |
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| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
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| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
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| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
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| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
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| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
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| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
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| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
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| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
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| 837.02(1) | 3rd | Perjury in official proceedings. |
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| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
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| 838.022 | 3rd | Official misconduct. |
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| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
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| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
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| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
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| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
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| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
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| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
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| 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
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| 914.14(2) | 3rd | Witnesses accepting bribes. |
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| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
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| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
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| 918.12 | 3rd | Tampering with jurors. |
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| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
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| FloridaStatute | FelonyDegree | Description |
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| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
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| 499.0051(3) | 2nd | Forgery of pedigree papers. |
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| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
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| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
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| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
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| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
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| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
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| 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
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| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
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| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
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| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
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| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
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| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
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| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
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| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
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| 784.083(2) | 2nd | Aggravated assault on code inspector. |
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| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
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| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
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| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
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| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
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| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
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| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
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| 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. |
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| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
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| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
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| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
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| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
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| 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
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| 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
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| 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
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| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
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| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
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| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
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| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
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| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
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| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
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| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
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| 827.03(1) | 3rd | Abuse of a child. |
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| 827.03(3)(c) | 3rd | Neglect of a child. |
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| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
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| 836.05 | 2nd | Threats; extortion. |
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| 836.10 | 2nd | Written threats to kill or do bodily injury. |
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| 843.12 | 3rd | Aids or assists person to escape. |
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| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
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| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
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| 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. |
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| 944.40 | 2nd | Escapes. |
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| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
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| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
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| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
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(g) LEVEL 7
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| FloridaStatute | FelonyDegree | Description |
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| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
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| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
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| 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. |
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| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
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| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
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| 409.920(2) | 3rd | Medicaid provider fraud. |
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| 456.065(2) | 3rd | Practicing a health care profession without a license. |
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| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
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| 458.327(1) | 3rd | Practicing medicine without a license. |
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| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
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| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
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| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
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| 462.17 | 3rd | Practicing naturopathy without a license. |
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| 463.015(1) | 3rd | Practicing optometry without a license. |
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| 464.016(1) | 3rd | Practicing nursing without a license. |
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| 465.015(2) | 3rd | Practicing pharmacy without a license. |
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| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
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| 467.201 | 3rd | Practicing midwifery without a license. |
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| 468.366 | 3rd | Delivering respiratory care services without a license. |
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| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
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| 483.901(9) | 3rd | Practicing medical physics without a license. |
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| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
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| 484.053 | 3rd | Dispensing hearing aids without a license. |
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| 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. |
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| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
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| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
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| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
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| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
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| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
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| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
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| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
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| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
256
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
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| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
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| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
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| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
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| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
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| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
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| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
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| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
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| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
265
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
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| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
267
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
268
| 784.083(1) | 1st | Aggravated battery on code inspector. |
269
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| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
271
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
272
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
273
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
274
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
275
| 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. |
276
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
277
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
278
| 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. |
279
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
280
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
281
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
282
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
283
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
284
| 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. |
285
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
286
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
287
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
288
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
289
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
290
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
291
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
292
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
293
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
294
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
295
| 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. |
296
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
297
| 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. |
298
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
299
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
300
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
301
| 838.015 | 2nd | Bribery. |
302
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
303
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
304
| 838.22 | 2nd | Bid tampering. |
305
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
306
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
307
| 872.06 | 2nd | Abuse of a dead human body. |
308
| 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. |
309
| 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. |
310
| 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). |
311
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
312
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
313
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
314
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
315
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
316
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
317
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
318
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
319
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
320
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
321
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
322
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
323
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
324
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
325
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
326
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
327
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
328
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
329
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
330
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
331
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
332
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
333
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
334
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
335
336
943.051, Florida Statutes, is amended to read:
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943.051 Criminal justice information; collection and
338
storage; fingerprinting.--
339
(3)
340
(b) A minor who is charged with or found to have committed
341
the following offenses shall be fingerprinted and the
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fingerprints shall be submitted to the department:
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1. Assault, as defined in s. 784.011.
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2. Battery, as defined in s. 784.03.
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3. Carrying a concealed weapon, as defined in s. 790.01(1).
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4. Unlawful use of destructive devices or bombs, as defined
347
in s. 790.1615(1).
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5. Negligent treatment of children, as defined in s.
349
827.05.
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6. Assault or battery on a law enforcement officer, a
351
firefighter, or other specified person officers, as defined in s.
352
784.07(2)(a) and (b).
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7. Open carrying of a weapon, as defined in s. 790.053.
354
8. Exposure of sexual organs, as defined in s. 800.03.
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9. Unlawful possession of a firearm, as defined in s.
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790.22(5).
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10. Petit theft, as defined in s. 812.014(3).
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11. Cruelty to animals, as defined in s. 828.12(1).
359
12. Arson, as defined in s. 806.031(1).
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13. Unlawful possession or discharge of a weapon or firearm
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at a school-sponsored event or on school property as defined in
362
s. 790.115.
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Section 6. Paragraph (b) of subsection (1) of section
364
985.11, Florida Statutes, is amended to read:
365
985.11 Fingerprinting and photographing.--
366
(1)
367
(b) A child who is charged with or found to have committed
368
one of the following offenses shall be fingerprinted, and the
369
fingerprints shall be submitted to the Department of Law
370
Enforcement as provided in s. 943.051(3)(b):
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1. Assault, as defined in s. 784.011.
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2. Battery, as defined in s. 784.03.
373
3. Carrying a concealed weapon, as defined in s. 790.01(1).
374
4. Unlawful use of destructive devices or bombs, as defined
375
in s. 790.1615(1).
376
5. Negligent treatment of children, as defined in former s.
377
827.05.
378
6. Assault on a law enforcement officer, a firefighter, or
379
other specified person officers, as defined in s. 784.07(2)(a).
380
7. Open carrying of a weapon, as defined in s. 790.053.
381
8. Exposure of sexual organs, as defined in s. 800.03.
382
9. Unlawful possession of a firearm, as defined in s.
383
790.22(5).
384
10. Petit theft, as defined in s. 812.014.
385
11. Cruelty to animals, as defined in s. 828.12(1).
386
12. Arson, resulting in bodily harm to a firefighter, as
387
defined in s. 806.031(1).
388
13. Unlawful possession or discharge of a weapon or firearm
389
at a school-sponsored event or on school property as defined in
390
s. 790.115.
391
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A law enforcement agency may fingerprint and photograph a child
393
taken into custody upon probable cause that such child has
394
committed any other violation of law, as the agency deems
395
appropriate. Such fingerprint records and photographs shall be
396
retained by the law enforcement agency in a separate file, and
397
these records and all copies thereof must be marked "Juvenile
398
Confidential." These records are not available for public
399
disclosure and inspection under s. 119.07(1) except as provided
401
enforcement agencies, criminal justice agencies, state attorneys,
402
the courts, the child, the parents or legal custodians of the
403
child, their attorneys, and any other person authorized by the
404
court to have access to such records. In addition, such records
405
may be submitted to the Department of Law Enforcement for
406
inclusion in the state criminal history records and used by
407
criminal justice agencies for criminal justice purposes. These
408
records may, in the discretion of the court, be open to
409
inspection by anyone upon a showing of cause. The fingerprint and
410
photograph records shall be produced in the court whenever
411
directed by the court. Any photograph taken pursuant to this
412
section may be shown by a law enforcement officer to any victim
413
or witness of a crime for the purpose of identifying the person
414
who committed such crime.
415
Section 7. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.