Florida Senate - 2008 CS for SB 278
By the Committee on Criminal Justice; and Senator Rich
591-03343-08 2008278c1
1
A bill to be entitled
2
An act relating to the protection of lifeguards; amending
3
s. 784.07, F.S.; providing a definition; providing
4
enhanced penalties for an assault or battery on a
5
lifeguard while he or she is engaged in the lawful
6
performance of his or her duties; amending ss. 435.04,
8
amending s. 921.0022, F.S., and reenacting paragraph
9
(3)(d), relating the offense severity ranking chart, to
10
conform; providing an effective date.
11
12
Be It Enacted by the Legislature of the State of Florida:
13
14
Section 1. Paragraph (e) is added to subsection (1) of
15
section 784.07, Florida Statutes, subsection (2) of that section
16
is amended, and subsection (3) of that section is reenacted, to
17
read:
18
784.07 Assault or battery of law enforcement officers,
19
firefighters, emergency medical care providers, public transit
20
employees or agents, or other specified officers;
21
reclassification of offenses; minimum sentences.--
22
(1) As used in this section, the term:
23
(e) "Lifeguard" means a lifeguard employed along the
24
coastal or intracoastal beaches and shores of the state, or other
25
bodies of water of the state, or at swimming pools to help
26
prevent injury or drowning of persons.
27
(2) Whenever any person is charged with knowingly
28
committing an assault or battery upon a law enforcement officer,
29
a firefighter, an emergency medical care provider, a traffic
30
accident investigation officer as described in s. 316.640, a
31
nonsworn law enforcement agency employee who is certified as an
32
agency inspector, blood alcohol analyst, or a breath test
33
operator while such employee is in uniform and engaged in
34
processing, testing, evaluating, analyzing, or transporting a
35
person who is detained or under arrest for DUI, a traffic
36
infraction enforcement officer as described in s. 316.640, a
37
parking enforcement specialist as defined in s. 316.640, a person
38
licensed as a security officer as defined in s. 493.6101 and
39
wearing a uniform that bears at least one patch or emblem that is
40
visible at all times that clearly identifies the employing agency
41
and that clearly identifies the person as a licensed security
42
officer, or a security officer employed by the board of trustees
43
of a community college, or a lifeguard while the officer,
44
firefighter, emergency medical care provider, intake officer,
45
traffic accident investigation officer, traffic infraction
46
enforcement officer, inspector, analyst, operator, parking
47
enforcement specialist, public transit employee or agent, or
48
security officer, or lifeguard is engaged in the lawful
49
performance of his or her duties, the offense for which the
50
person is charged shall be reclassified as follows:
51
(a) In the case of assault, from a misdemeanor of the
52
second degree to a misdemeanor of the first degree.
53
(b) In the case of battery, from a misdemeanor of the first
54
degree to a felony of the third degree.
55
(c) In the case of aggravated assault, from a felony of the
56
third degree to a felony of the second degree. Notwithstanding
57
any other provision of law, any person convicted of aggravated
58
assault upon a law enforcement officer shall be sentenced to a
59
minimum term of imprisonment of 3 years.
60
(d) In the case of aggravated battery, from a felony of the
61
second degree to a felony of the first degree. Notwithstanding
62
any other provision of law, any person convicted of aggravated
63
battery of a law enforcement officer shall be sentenced to a
64
minimum term of imprisonment of 5 years.
65
(3) Any person who is convicted of a battery under
66
paragraph (2)(b) and, during the commission of the offense, such
67
person possessed:
68
(a) A "firearm" or "destructive device" as those terms are
69
defined in s. 790.001, shall be sentenced to a minimum term of
70
imprisonment of 3 years.
71
(b) A semiautomatic firearm and its high-capacity
72
detachable box magazine, as defined in s. 775.087(3), or a
73
machine gun as defined in s. 790.001, shall be sentenced to a
74
minimum term of imprisonment of 8 years.
75
76
Notwithstanding s. 948.01, adjudication of guilt or imposition of
77
sentence shall not be suspended, deferred, or withheld, and the
78
defendant is not eligible for statutory gain-time under s.
79
944.275 or any form of discretionary early release, other than
80
pardon or executive clemency, or conditional medical release
81
under s. 947.149, prior to serving the minimum sentence.
82
Section 2. Paragraph (a) of subsection (3) of section
83
435.04, Florida Statutes, is amended to read:
84
435.04 Level 2 screening standards.--
85
(3) The security background investigations conducted under
86
this section for employees of the Department of Juvenile Justice
87
must ensure that no persons subject to the provisions of this
88
section have been found guilty of, regardless of adjudication, or
89
entered a plea of nolo contendere or guilty to, any offense
90
prohibited under any of the following provisions of the Florida
91
Statutes or under any similar statute of another jurisdiction:
92
(a) Section 784.07, relating to assault or battery of law
93
enforcement officers, firefighters, emergency medical care
94
providers, public transit employees or agents, or other specified
95
persons officers.
96
97
The Department of Juvenile Justice may not remove a
98
disqualification from employment or grant an exemption to any
99
person who is disqualified under this section for any offense
100
disposed of during the most recent 7-year period.
101
Section 3. Subsection (15) of section 901.15, Florida
102
Statutes, is amended to read:
103
901.15 When arrest by officer without warrant is lawful.--A
104
law enforcement officer may arrest a person without a warrant
105
when:
106
(15) There is probable cause to believe that the person has
107
committed assault upon a law enforcement officer, a firefighter,
108
an emergency medical care provider, public transit employee
109
employees or agent agents, or other specified person officers as
110
set forth in s. 784.07 or has committed assault or battery upon
111
any employee of a receiving facility as defined in s. 394.455 who
112
is engaged in the lawful performance of his or her duties.
113
Section 4. For the purpose of incorporating the amendment
114
made by this act to section 784.07, Florida Statutes, in a
115
reference thereto, paragraphs (d) of subsection (3) of section
116
921.0022, Florida Statutes, is reenacted, and paragraphs (f) and
117
(g) of that subsection are amended to read:
118
921.0022 Criminal Punishment Code; offense severity ranking
119
chart.--
120
(3) OFFENSE SEVERITY RANKING CHART
121
(d) LEVEL 4
122
FloridaStatute | FelonyDegree | Description |
123
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. |
124
499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
125
499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
126
499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
127
784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
128
784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
129
784.075 | 3rd | Battery on detention or commitment facility staff. |
130
784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
131
784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
132
784.081(3) | 3rd | Battery on specified official or employee. |
133
784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
134
784.083(3) | 3rd | Battery on code inspector. |
135
784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
136
787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
137
787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
138
787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
139
790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
140
790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
141
790.115(2)(c) | 3rd | Possessing firearm on school property. |
142
800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
143
810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
144
810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
145
810.06 | 3rd | Burglary; possession of tools. |
146
810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
147
812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
148
812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
149
812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
150
817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
151
817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
152
817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
153
828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
154
837.02(1) | 3rd | Perjury in official proceedings. |
155
837.021(1) | 3rd | Make contradictory statements in official proceedings. |
156
838.022 | 3rd | Official misconduct. |
157
839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
158
839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
159
843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
160
843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
161
843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
162
874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
163
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). |
164
914.14(2) | 3rd | Witnesses accepting bribes. |
165
914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
166
914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
167
918.12 | 3rd | Tampering with jurors. |
168
934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
169
170
FloridaStatute | FelonyDegree | Description |
171
316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
172
499.0051(3) | 2nd | Forgery of pedigree papers. |
173
499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
174
499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
175
775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
176
784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
177
784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
178
784.041 | 3rd | Felony battery; domestic battery by strangulation. |
179
784.048(3) | 3rd | Aggravated stalking; credible threat. |
180
784.048(5) | 3rd | Aggravated stalking of person under 16. |
181
784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer, firefighter, intake officer, etc. |
182
784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
183
784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
184
784.081(2) | 2nd | Aggravated assault on specified official or employee. |
185
784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
186
784.083(2) | 2nd | Aggravated assault on code inspector. |
187
188
790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
189
790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
190
790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
191
790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
192
794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
193
794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
194
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. |
195
800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
196
806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
197
810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
198
812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
199
812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
200
812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
201
812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
202
812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
203
817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
204
817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
205
825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
206
825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
207
825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
208
825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
209
827.03(1) | 3rd | Abuse of a child. |
210
827.03(3)(c) | 3rd | Neglect of a child. |
211
827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
212
836.05 | 2nd | Threats; extortion. |
213
836.10 | 2nd | Written threats to kill or do bodily injury. |
214
843.12 | 3rd | Aids or assists person to escape. |
215
847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
216
914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
217
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. |
218
944.40 | 2nd | Escapes. |
219
944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
220
944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
221
951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
222
223
(g) LEVEL 7
224
FloridaStatute | FelonyDegree | Description |
225
316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
226
316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
227
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. |
228
327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
229
402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
230
409.920(2) | 3rd | Medicaid provider fraud. |
231
456.065(2) | 3rd | Practicing a health care profession without a license. |
232
456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
233
458.327(1) | 3rd | Practicing medicine without a license. |
234
459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
235
460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
236
461.012(1) | 3rd | Practicing podiatric medicine without a license. |
237
462.17 | 3rd | Practicing naturopathy without a license. |
238
463.015(1) | 3rd | Practicing optometry without a license. |
239
464.016(1) | 3rd | Practicing nursing without a license. |
240
465.015(2) | 3rd | Practicing pharmacy without a license. |
241
466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
242
467.201 | 3rd | Practicing midwifery without a license. |
243
468.366 | 3rd | Delivering respiratory care services without a license. |
244
483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
245
483.901(9) | 3rd | Practicing medical physics without a license. |
246
484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
247
484.053 | 3rd | Dispensing hearing aids without a license. |
248
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. |
249
560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
250
560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
251
655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
252
775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
253
775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
254
775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
255
782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
256
782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
257
782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
258
782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
259
784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
260
784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
261
784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
262
784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
263
784.048(7) | 3rd | Aggravated stalking; violation of court order. |
264
784.07(2)(d) | 1st | Aggravated battery on law enforcement officer, firefighter, intake officer, etc. |
265
784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
266
784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
267
784.081(1) | 1st | Aggravated battery on specified official or employee. |
268
784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
269
784.083(1) | 1st | Aggravated battery on code inspector. |
270
271
790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
272
790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
273
790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
274
790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
275
790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
276
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. |
277
796.03 | 2nd | Procuring any person under 16 years for prostitution. |
278
800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
279
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. |
280
806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
281
810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
282
810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
283
810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
284
810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
285
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. |
286
812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
287
812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
288
812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
289
812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
290
812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
291
812.131(2)(a) | 2nd | Robbery by sudden snatching. |
292
812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
293
817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
294
817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
295
817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
296
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. |
297
825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
298
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. |
299
827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
300
827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
301
837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
302
838.015 | 2nd | Bribery. |
303
838.016 | 2nd | Unlawful compensation or reward for official behavior. |
304
838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
305
838.22 | 2nd | Bid tampering. |
306
847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
307
847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
308
872.06 | 2nd | Abuse of a dead human body. |
309
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. |
310
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. |
311
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). |
312
893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
313
893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
314
893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
315
893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
316
893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
317
893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
318
893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
319
893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
320
893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
321
893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
322
896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
323
896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
324
943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
325
943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
326
943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
327
943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
328
943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
329
944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
330
944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
331
944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
332
944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
333
985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
334
985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
335
985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
336
337
943.051, Florida Statutes, is amended to read:
338
943.051 Criminal justice information; collection and
339
storage; fingerprinting.--
340
(3)
341
(b) A minor who is charged with or found to have committed
342
the following offenses shall be fingerprinted and the
343
fingerprints shall be submitted to the department:
344
1. Assault, as defined in s. 784.011.
345
2. Battery, as defined in s. 784.03.
346
3. Carrying a concealed weapon, as defined in s. 790.01(1).
347
4. Unlawful use of destructive devices or bombs, as defined
348
in s. 790.1615(1).
349
5. Negligent treatment of children, as defined in s.
350
827.05.
351
6. Assault or battery on a law enforcement officer, a
352
firefighter, or other specified person officers, as defined in s.
353
784.07(2)(a) and (b).
354
7. Open carrying of a weapon, as defined in s. 790.053.
355
8. Exposure of sexual organs, as defined in s. 800.03.
356
9. Unlawful possession of a firearm, as defined in s.
357
790.22(5).
358
10. Petit theft, as defined in s. 812.014(3).
359
11. Cruelty to animals, as defined in s. 828.12(1).
360
12. Arson, as defined in s. 806.031(1).
361
13. Unlawful possession or discharge of a weapon or firearm
362
at a school-sponsored event or on school property as defined in
363
s. 790.115.
364
Section 6. Paragraph (b) of subsection (1) of section
365
985.11, Florida Statutes, is amended to read:
366
985.11 Fingerprinting and photographing.--
367
(1)
368
(b) A child who is charged with or found to have committed
369
one of the following offenses shall be fingerprinted, and the
370
fingerprints shall be submitted to the Department of Law
371
Enforcement as provided in s. 943.051(3)(b):
372
1. Assault, as defined in s. 784.011.
373
2. Battery, as defined in s. 784.03.
374
3. Carrying a concealed weapon, as defined in s. 790.01(1).
375
4. Unlawful use of destructive devices or bombs, as defined
376
in s. 790.1615(1).
377
5. Negligent treatment of children, as defined in former s.
378
827.05.
379
6. Assault on a law enforcement officer, a firefighter, or
380
other specified person officers, as defined in s. 784.07(2)(a).
381
7. Open carrying of a weapon, as defined in s. 790.053.
382
8. Exposure of sexual organs, as defined in s. 800.03.
383
9. Unlawful possession of a firearm, as defined in s.
384
790.22(5).
385
10. Petit theft, as defined in s. 812.014.
386
11. Cruelty to animals, as defined in s. 828.12(1).
387
12. Arson, resulting in bodily harm to a firefighter, as
388
defined in s. 806.031(1).
389
13. Unlawful possession or discharge of a weapon or firearm
390
at a school-sponsored event or on school property as defined in
391
s. 790.115.
392
393
A law enforcement agency may fingerprint and photograph a child
394
taken into custody upon probable cause that such child has
395
committed any other violation of law, as the agency deems
396
appropriate. Such fingerprint records and photographs shall be
397
retained by the law enforcement agency in a separate file, and
398
these records and all copies thereof must be marked "Juvenile
399
Confidential." These records are not available for public
400
disclosure and inspection under s. 119.07(1) except as provided
402
enforcement agencies, criminal justice agencies, state attorneys,
403
the courts, the child, the parents or legal custodians of the
404
child, their attorneys, and any other person authorized by the
405
court to have access to such records. In addition, such records
406
may be submitted to the Department of Law Enforcement for
407
inclusion in the state criminal history records and used by
408
criminal justice agencies for criminal justice purposes. These
409
records may, in the discretion of the court, be open to
410
inspection by anyone upon a showing of cause. The fingerprint and
411
photograph records shall be produced in the court whenever
412
directed by the court. Any photograph taken pursuant to this
413
section may be shown by a law enforcement officer to any victim
414
or witness of a crime for the purpose of identifying the person
415
who committed such crime.
416
Section 7. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.