Florida Senate - 2008 CS for SB 278

By the Committee on Criminal Justice; and Senator Rich

591-03343-08 2008278c1

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A bill to be entitled

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An act relating to the protection of lifeguards; amending

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s. 784.07, F.S.; providing a definition; providing

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enhanced penalties for an assault or battery on a

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lifeguard while he or she is engaged in the lawful

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performance of his or her duties; amending ss. 435.04,

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901.15, 943.051, and 985.11, F.S.; conforming provisions;

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amending s. 921.0022, F.S., and reenacting paragraph

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(3)(d), relating the offense severity ranking chart, to

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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) "Lifeguard" means a lifeguard employed along the

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coastal or intracoastal beaches and shores of the state, or other

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bodies of water of the state, or at swimming pools 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 a 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 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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FloridaStatuteFelonyDegreeDescription

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316.1935(3)(a)2ndDriving 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)3rdFailure to maintain or deliver pedigree papers.

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499.0051(2)3rdFailure to authenticate pedigree papers.

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499.0051(6)2ndSale or delivery, or possession with intent to sell, contraband legend drugs.

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784.07(2)(b)3rdBattery of law enforcement officer, firefighter, intake officer, etc.

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784.074(1)(c)3rdBattery of sexually violent predators facility staff.

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784.0753rdBattery on detention or commitment facility staff.

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784.0783rdBattery of facility employee by throwing, tossing, or expelling certain fluids or materials.

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784.08(2)(c)3rdBattery on a person 65 years of age or older.

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784.081(3)3rdBattery on specified official or employee.

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784.082(3)3rdBattery by detained person on visitor or other detainee.

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784.083(3)3rdBattery on code inspector.

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784.0853rdBattery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

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787.03(1)3rdInterference with custody; wrongly takes minor from appointed guardian.

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787.04(2)3rdTake, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

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787.04(3)3rdCarrying 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)3rdExhibiting firearm or weapon within 1,000 feet of a school.

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790.115(2)(b)3rdPossessing electric weapon or device, destructive device, or other weapon on school property.

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790.115(2)(c)3rdPossessing firearm on school property.

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800.04(7)(d)3rdLewd or lascivious exhibition; offender less than 18 years.

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810.02(4)(a)3rdBurglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

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810.02(4)(b)3rdBurglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

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810.063rdBurglary; possession of tools.

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810.08(2)(c)3rdTrespass on property, armed with firearm or dangerous weapon.

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812.014(2)(c)3.3rdGrand theft, 3rd degree $10,000 or more but less than $20,000.

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812.014(2)(c)4.-10.3rdGrand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

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812.0195(2)3rdDealing in stolen property by use of the Internet; property stolen $300 or more.

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817.563(1)3rdSell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

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817.568(2)(a)3rdFraudulent use of personal identification information.

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817.625(2)(a)3rdFraudulent use of scanning device or reencoder.

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828.125(1)2ndKill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

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837.02(1)3rdPerjury in official proceedings.

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837.021(1)3rdMake contradictory statements in official proceedings.

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838.0223rdOfficial misconduct.

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839.13(2)(a)3rdFalsifying records of an individual in the care and custody of a state agency.

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839.13(2)(c)3rdFalsifying records of the Department of Children and Family Services.

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843.0213rdPossession of a concealed handcuff key by a person in custody.

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843.0253rdDeprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

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843.15(1)(a)3rdFailure to appear while on bail for felony (bond estreature or bond jumping).

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874.05(1)3rdEncouraging or recruiting another to join a criminal street gang.

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893.13(2)(a)1.2ndPurchase 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)3rdWitnesses accepting bribes.

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914.22(1)3rdForce, threaten, etc., witness, victim, or informant.

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914.23(2)3rdRetaliation against a witness, victim, or informant, no bodily injury.

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918.123rdTampering with jurors.

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934.2153rdUse of two-way communications device to facilitate commission of a crime.

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FloridaStatuteFelonyDegreeDescription

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316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.

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499.0051(3)2ndForgery of pedigree papers.

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499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.

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499.0051(5)2ndSale of legend drug to unauthorized person.

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775.0875(1)3rdTaking firearm from law enforcement officer.

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784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.

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784.021(1)(b)3rdAggravated assault; intent to commit felony.

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784.0413rdFelony battery; domestic battery by strangulation.

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784.048(3)3rdAggravated stalking; credible threat.

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784.048(5)3rdAggravated stalking of person under 16.

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784.07(2)(c)2ndAggravated assault on law enforcement officer, firefighter, intake officer, etc.

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784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.

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784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.

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784.081(2)2ndAggravated assault on specified official or employee.

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784.082(2)2ndAggravated assault by detained person on visitor or other detainee.

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784.083(2)2ndAggravated assault on code inspector.

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787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.

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790.115(2)(d)2ndDischarging firearm or weapon on school property.

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790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.

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790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.

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790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.

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794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.

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794.05(1)2ndUnlawful sexual activity with specified minor.

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800.04(5)(d)3rdLewd 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)2ndLewd or lascivious conduct; offender 18 years of age or older.

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806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.

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810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.

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812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.

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812.014(6)2ndTheft; property stolen $3,000 or more; coordination of others.

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812.015(9)(a)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.

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812.015(9)(b)2ndRetail theft; property stolen $3,000 or more; coordination of others.

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812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).

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817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.

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817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.

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825.102(1)3rdAbuse of an elderly person or disabled adult.

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825.102(3)(c)3rdNeglect of an elderly person or disabled adult.

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825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.

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825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.

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827.03(1)3rdAbuse of a child.

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827.03(3)(c)3rdNeglect of a child.

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827.071(2)&(3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.

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836.052ndThreats; extortion.

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836.102ndWritten threats to kill or do bodily injury.

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843.123rdAids or assists person to escape.

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847.0135(2)3rdFacilitates sexual conduct of or with a minor or the visual depiction of such conduct.

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914.232ndRetaliation against a witness, victim, or informant, with bodily injury.

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944.35(3)(a)2.3rdCommitting 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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944.402ndEscapes.

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944.463rdHarboring, concealing, aiding escaped prisoners.

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944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.

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951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.

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     (g)  LEVEL 7

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FloridaStatuteFelonyDegreeDescription

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316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.

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316.193(3)(c)2.3rdDUI resulting in serious bodily injury.

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316.1935(3)(b)1stCausing 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)2.3rdVessel BUI resulting in serious bodily injury.

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402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

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409.920(2)3rdMedicaid provider fraud.

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456.065(2)3rdPracticing a health care profession without a license.

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456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.

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458.327(1)3rdPracticing medicine without a license.

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459.013(1)3rdPracticing osteopathic medicine without a license.

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460.411(1)3rdPracticing chiropractic medicine without a license.

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461.012(1)3rdPracticing podiatric medicine without a license.

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462.173rdPracticing naturopathy without a license.

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463.015(1)3rdPracticing optometry without a license.

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464.016(1)3rdPracticing nursing without a license.

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465.015(2)3rdPracticing pharmacy without a license.

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466.026(1)3rdPracticing dentistry or dental hygiene without a license.

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467.2013rdPracticing midwifery without a license.

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468.3663rdDelivering respiratory care services without a license.

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483.828(1)3rdPracticing as clinical laboratory personnel without a license.

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483.901(9)3rdPracticing medical physics without a license.

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484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.

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484.0533rdDispensing hearing aids without a license.

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494.0018(2)1stConviction 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)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

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560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

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655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

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775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

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775.21(10)(b)3rdSexual predator working where children regularly congregate.

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775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

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782.051(3)2ndAttempted 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)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).

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782.0712ndKilling of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

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782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).

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784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.

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784.045(1)(a)2.2ndAggravated battery; using deadly weapon.

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784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.

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784.048(4)3rdAggravated stalking; violation of injunction or court order.

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784.048(7)3rdAggravated stalking; violation of court order.

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784.07(2)(d)1stAggravated battery on law enforcement officer, firefighter, intake officer, etc.

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784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.

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784.08(2)(a)1stAggravated battery on a person 65 years of age or older.

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784.081(1)1stAggravated battery on specified official or employee.

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784.082(1)1stAggravated battery by detained person on visitor or other detainee.

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784.083(1)1stAggravated battery on code inspector.

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790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

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790.16(1)1stDischarge of a machine gun under specified circumstances.

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790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.

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790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

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790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.

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790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

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794.08(4)3rdFemale genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.

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796.032ndProcuring any person under 16 years for prostitution.

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800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

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800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

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806.01(2)2ndMaliciously damage structure by fire or explosive.

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810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.

282

810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.

283

810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.

284

810.02(3)(e)2ndBurglary of authorized emergency vehicle.

285

812.014(2)(a)1.1stProperty 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.

286

812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

287

812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.

288

812.014(2)(b)4.2ndProperty stolen, law enforcement equipment from authorized emergency vehicle.

289

812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.

290

812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

291

812.131(2)(a)2ndRobbery by sudden snatching.

292

812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.

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817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.

294

817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.

295

817.234(11)(c)1stInsurance fraud; property value $100,000 or more.

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817.2341(2)(b)&(3)(b)1stMaking 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.

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825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

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825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

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827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.

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827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.

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837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.

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838.0152ndBribery.

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838.0162ndUnlawful compensation or reward for official behavior.

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838.021(3)(a)2ndUnlawful harm to a public servant.

305

838.222ndBid tampering.

306

847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.

307

847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.

308

872.062ndAbuse of a dead human body.

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893.13(1)(c)1.1stSell, 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.

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893.13(1)(e)1.1stSell, 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.

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893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

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893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

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893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.

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893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.

315

893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.

316

893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.

317

893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.

318

893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.

319

893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

320

893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

321

893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.

322

896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.

323

896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

324

943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.

325

943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

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943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.

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943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

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943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

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944.607(9)3rdSexual offender; failure to comply with reporting requirements.

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944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.

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944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

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944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

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985.4815(10)3rdSexual offender; failure to submit to the taking of a digitized photograph.

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985.4815(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

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985.4815(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.

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943.051, Florida Statutes, is amended to read:

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     943.051  Criminal justice information; collection and

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storage; fingerprinting.--

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     (3)

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     (b)  A minor who is charged with or found to have committed

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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

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in s. 790.1615(1).

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     5.  Negligent treatment of children, as defined in s.

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827.05.

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     6.  Assault or battery on a law enforcement officer, a

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firefighter, or other specified person officers, as defined in s.

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784.07(2)(a) and (b).

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     7.  Open carrying of a weapon, as defined in s. 790.053.

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     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).

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     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

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s. 790.115.

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     Section 6.  Paragraph (b) of subsection (1) of section

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985.11, Florida Statutes, is amended to read:

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     985.11  Fingerprinting and photographing.--

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     (1)

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     (b)  A child who is charged with or found to have committed

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one of the following offenses shall be fingerprinted, and the

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fingerprints shall be submitted to the Department of Law

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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.

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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

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in s. 790.1615(1).

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     5.  Negligent treatment of children, as defined in former s.

378

827.05.

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     6.  Assault on a law enforcement officer, a firefighter, or

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other specified person officers, as defined in s. 784.07(2)(a).

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     7.  Open carrying of a weapon, as defined in s. 790.053.

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     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.

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     11.  Cruelty to animals, as defined in s. 828.12(1).

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     12.  Arson, resulting in bodily harm to a firefighter, as

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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

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s. 790.115.

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A law enforcement agency may fingerprint and photograph a child

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taken into custody upon probable cause that such child has

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committed any other violation of law, as the agency deems

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appropriate. Such fingerprint records and photographs shall be

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retained by the law enforcement agency in a separate file, and

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these records and all copies thereof must be marked "Juvenile

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Confidential." These records are not available for public

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disclosure and inspection under s. 119.07(1) except as provided

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in ss. 943.053 and 985.04(2), but shall be available to other law

402

enforcement agencies, criminal justice agencies, state attorneys,

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the courts, the child, the parents or legal custodians of the

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child, their attorneys, and any other person authorized by the

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court to have access to such records. In addition, such records

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may be submitted to the Department of Law Enforcement for

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inclusion in the state criminal history records and used by

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criminal justice agencies for criminal justice purposes. These

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records may, in the discretion of the court, be open to

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inspection by anyone upon a showing of cause. The fingerprint and

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photograph records shall be produced in the court whenever

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directed by the court. Any photograph taken pursuant to this

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section may be shown by a law enforcement officer to any victim

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or witness of a crime for the purpose of identifying the person

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who committed such crime.

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     Section 7.  This act shall take effect October 1, 2008.

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