HB 87

1	A bill to be entitled
2	An act relating to protection of ocean lifeguards;
3	amending s. 784.07, F.S.; providing a definition;
4	providing enhanced penalties for an assault or battery on
5	an ocean lifeguard while he or she is engaged in the
6	lawful performance of his or her duties; amending ss.
7	435.04, 901.15, 943.051, and 985.11, F.S.; conforming
8	provisions; amending s. 921.0022, F.S., and reenacting
9	paragraph (3)(d), relating the offense severity ranking
10	chart, to 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)  "Ocean lifeguard" means a lifeguard employed along the
24	coastal or intracoastal beaches and shores of the state to help
25	prevent injury or drowning of persons.
26	(2)  Whenever any person is charged with knowingly
27	committing an assault or battery upon a law enforcement officer,
28	a firefighter, an emergency medical care provider, a traffic
29	accident investigation officer as described in s. 316.640, a
30	nonsworn law enforcement agency employee who is certified as an
31	agency inspector, blood alcohol analyst, or a breath test
32	operator while such employee is in uniform and engaged in
33	processing, testing, evaluating, analyzing, or transporting a
34	person who is detained or under arrest for DUI, a traffic
35	infraction enforcement officer as described in s. 316.640, a
36	parking enforcement specialist as defined in s. 316.640, a
37	person licensed as a security officer as defined in s. 493.6101
38	and wearing a uniform that bears at least one patch or emblem
39	that is visible at all times that clearly identifies the
40	employing agency and that clearly identifies the person as a
41	licensed security officer, or a security officer employed by the
42	board of trustees of a community college, or an ocean lifeguard
43	while the officer, firefighter, emergency medical care provider,
44	intake officer, traffic accident investigation officer, traffic
45	infraction enforcement officer, inspector, analyst, operator,
46	parking enforcement specialist, public transit employee or
47	agent, or security officer, or ocean lifeguard is engaged in the
48	lawful performance of his or her duties, the offense for which
49	the person is charged shall be reclassified as follows:
50	(a)  In the case of assault, from a misdemeanor of the
51	second degree to a misdemeanor of the first degree.
52	(b)  In the case of battery, from a misdemeanor of the
53	first degree to a felony of the third degree.
54	(c)  In the case of aggravated assault, from a felony of
55	the third degree to a felony of the second degree.
56	Notwithstanding any other provision of law, any person convicted
57	of aggravated assault upon a law enforcement officer shall be
58	sentenced to a minimum term of imprisonment of 3 years.
59	(d)  In the case of aggravated battery, from a felony of
60	the second degree to a felony of the first degree.
61	Notwithstanding any other provision of law, any person convicted
62	of aggravated battery of a law enforcement officer shall be
63	sentenced to a minimum term of imprisonment of 5 years.
64	(3)  Any person who is convicted of a battery under
65	paragraph (2)(b) and, during the commission of the offense, such
66	person possessed:
67	(a)  A "firearm" or "destructive device" as those terms are
68	defined in s. 790.001, shall be sentenced to a minimum term of
69	imprisonment of 3 years.
70	(b)  A semiautomatic firearm and its high-capacity
71	detachable box magazine, as defined in s. 775.087(3), or a
72	machine gun as defined in s. 790.001, shall be sentenced to a
73	minimum term of imprisonment of 8 years.
74
75	Notwithstanding s. 948.01, adjudication of guilt or imposition
76	of sentence shall not be suspended, deferred, or withheld, and
77	the defendant is not eligible for statutory gain-time under s.
78	944.275 or any form of discretionary early release, other than
79	pardon or executive clemency, or conditional medical release
80	under s. 947.149, prior to serving the minimum sentence.
81	Section 2.  Paragraph (a) of subsection (3) of section
82	435.04, Florida Statutes, is amended to read:
83	435.04  Level 2 screening standards.--
84	(3)  The security background investigations conducted under
85	this section for employees of the Department of Juvenile Justice
86	must ensure that no persons subject to the provisions of this
87	section have been found guilty of, regardless of adjudication,
88	or entered a plea of nolo contendere or guilty to, any offense
89	prohibited under any of the following provisions of the Florida
90	Statutes or under any similar statute of another jurisdiction:
91	(a)  Section 784.07, relating to assault or battery of law
92	enforcement officers, firefighters, emergency medical care
93	providers, public transit employees or agents, or other
94	specified persons officers.
95
96	The Department of Juvenile Justice may not remove a
97	disqualification from employment or grant an exemption to any
98	person who is disqualified under this section for any offense
99	disposed of during the most recent 7-year period.
100	Section 3.  Subsection (15) of section 901.15, Florida
101	Statutes, is amended to read:
102	901.15  When arrest by officer without warrant is
103	lawful.--A law enforcement officer may arrest a person without a
104	warrant when:
105	(15)  There is probable cause to believe that the person
106	has committed assault upon a law enforcement officer, a
107	firefighter, an emergency medical care provider, public transit
108	employee employees or agent agents, or other specified person
109	officers as set forth in s. 784.07 or has committed assault or
110	battery upon any employee of a receiving facility as defined in
111	s. 394.455 who is engaged in the lawful performance of his or
112	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
119	ranking 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	(f)  LEVEL 6
171
	FloridaStatute FelonyDegree Description
172
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
173
	499.0051(3) 2nd Forgery of pedigree papers.
174
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
175
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
176
	775.0875(1) 3rd Taking firearm from law enforcement officer.
177
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
178
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
179
	784.041 3rd Felony battery; domestic battery by strangulation.
180
	784.048(3) 3rd Aggravated stalking; credible threat.
181
	784.048(5) 3rd Aggravated stalking of person under 16.
182
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, intake officer, etc.
183
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
184
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
185
	784.081(2) 2nd Aggravated assault on specified official or employee.
186
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
187
	784.083(2) 2nd Aggravated assault on code inspector.
188
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
189
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
190
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
191
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
192
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
193
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
194
	794.05(1) 2nd Unlawful sexual activity with specified minor.
195
	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.
196
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
197
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
198
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
199
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
200
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
201
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
202
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
203
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
204
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
205
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
206
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
207
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
208
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
209
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
210
	827.03(1) 3rd Abuse of a child.
211
	827.03(3)(c) 3rd Neglect of a child.
212
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
213
	836.05 2nd Threats; extortion.
214
	836.10 2nd Written threats to kill or do bodily injury.
215
	843.12 3rd Aids or assists person to escape.
216
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
217
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
218
	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.
219
	944.40 2nd Escapes.
220
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
221
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
222
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
223
224	(g)  LEVEL 7
225
	FloridaStatute FelonyDegree Description
226
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
227
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
228
	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.
229
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
230
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
231
	409.920(2) 3rd Medicaid provider fraud.
232
	456.065(2) 3rd Practicing a health care profession without a license.
233
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
234
	458.327(1) 3rd Practicing medicine without a license.
235
	459.013(1) 3rd Practicing osteopathic medicine without a license.
236
	460.411(1) 3rd Practicing chiropractic medicine without a license.
237
	461.012(1) 3rd Practicing podiatric medicine without a license.
238
	462.17 3rd Practicing naturopathy without a license.
239
	463.015(1) 3rd Practicing optometry without a license.
240
	464.016(1) 3rd Practicing nursing without a license.
241
	465.015(2) 3rd Practicing pharmacy without a license.
242
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
243
	467.201 3rd Practicing midwifery without a license.
244
	468.366 3rd Delivering respiratory care services without a license.
245
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
246
	483.901(9) 3rd Practicing medical physics without a license.
247
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
248
	484.053 3rd Dispensing hearing aids without a license.
249
	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.
250
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
251
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
252
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
253
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
254
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
255
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
256
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
257
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
258
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
259
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
260
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
261
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
262
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
263
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
264
	784.048(7) 3rd Aggravated stalking; violation of court order.
265
	784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, intake officer, etc.
266
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
267
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
268
	784.081(1) 1st Aggravated battery on specified official or employee.
269
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
270
	784.083(1) 1st Aggravated battery on code inspector.
271
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
272
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
273
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
274
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
275
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
276
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
277
	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.
278
	796.03 2nd Procuring any person under 16 years for prostitution.
279
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
280
	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.
281
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
282
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
283
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
284
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
285
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
286
	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.
287
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
288
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
289
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
290
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
291
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
292
	812.131(2)(a) 2nd Robbery by sudden snatching.
293
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
294
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
295
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
296
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
297
	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.
298
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
299
	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.
300
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
301
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
302
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
303
	838.015 2nd Bribery.
304
	838.016 2nd Unlawful compensation or reward for official behavior.
305
	838.021(3)(a) 2nd Unlawful harm to a public servant.
306
	838.22 2nd Bid tampering.
307
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
308
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
309
	872.06 2nd Abuse of a dead human body.
310
	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.
311
	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.
312
	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).
313
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
314
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
315
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
316
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
317
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
318
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
319
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
320
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
321
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
322
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
323
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
324
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
325
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
326
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
327
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
328
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
329
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
330
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
331
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
332
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
333
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
334
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
335
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
336
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
337
338	Section 5.  Paragraph (b) of subsection (3) of section
339	943.051, Florida Statutes, is amended to read:
340	943.051  Criminal justice information; collection and
341	storage; fingerprinting.--
342	(3)
343	(b)  A minor who is charged with or found to have committed
344	the following offenses shall be fingerprinted and the
345	fingerprints shall be submitted to the department:
346	1.  Assault, as defined in s. 784.011.
347	2.  Battery, as defined in s. 784.03.
348	3.  Carrying a concealed weapon, as defined in s.
349	790.01(1).
350	4.  Unlawful use of destructive devices or bombs, as
351	defined in s. 790.1615(1).
352	5.  Negligent treatment of children, as defined in s.
353	827.05.
354	6.  Assault or battery on a law enforcement officer, a
355	firefighter, or other specified person officers, as defined in
356	s. 784.07(2)(a) and (b).
357	7.  Open carrying of a weapon, as defined in s. 790.053.
358	8.  Exposure of sexual organs, as defined in s. 800.03.
359	9.  Unlawful possession of a firearm, as defined in s.
360	790.22(5).
361	10.  Petit theft, as defined in s. 812.014(3).
362	11.  Cruelty to animals, as defined in s. 828.12(1).
363	12.  Arson, as defined in s. 806.031(1).
364	13.  Unlawful possession or discharge of a weapon or
365	firearm at a school-sponsored event or on school property as
366	defined in s. 790.115.
367	Section 6.  Paragraph (b) of subsection (1) of section
368	985.11, Florida Statutes, is amended to read:
369	985.11  Fingerprinting and photographing.--
370	(1)
371	(b)  A child who is charged with or found to have committed
372	one of the following offenses shall be fingerprinted, and the
373	fingerprints shall be submitted to the Department of Law
374	Enforcement as provided in s. 943.051(3)(b):
375	1.  Assault, as defined in s. 784.011.
376	2.  Battery, as defined in s. 784.03.
377	3.  Carrying a concealed weapon, as defined in s.
378	790.01(1).
379	4.  Unlawful use of destructive devices or bombs, as
380	defined in s. 790.1615(1).
381	5.  Negligent treatment of children, as defined in former
382	s. 827.05.
383	6.  Assault on a law enforcement officer, a firefighter, or
384	other specified person officers, as defined in s. 784.07(2)(a).
385	7.  Open carrying of a weapon, as defined in s. 790.053.
386	8.  Exposure of sexual organs, as defined in s. 800.03.
387	9.  Unlawful possession of a firearm, as defined in s.
388	790.22(5).
389	10.  Petit theft, as defined in s. 812.014.
390	11.  Cruelty to animals, as defined in s. 828.12(1).
391	12.  Arson, resulting in bodily harm to a firefighter, as
392	defined in s. 806.031(1).
393	13.  Unlawful possession or discharge of a weapon or
394	firearm at a school-sponsored event or on school property as
395	defined in s. 790.115.
396
397	A law enforcement agency may fingerprint and photograph a child
398	taken into custody upon probable cause that such child has
399	committed any other violation of law, as the agency deems
400	appropriate. Such fingerprint records and photographs shall be
401	retained by the law enforcement agency in a separate file, and
402	these records and all copies thereof must be marked "Juvenile
403	Confidential." These records are not available for public
404	disclosure and inspection under s. 119.07(1) except as provided
405	in ss. 943.053 and 985.04(2), but shall be available to other
406	law enforcement agencies, criminal justice agencies, state
407	attorneys, the courts, the child, the parents or legal
408	custodians of the child, their attorneys, and any other person
409	authorized by the court to have access to such records. In
410	addition, such records may be submitted to the Department of Law
411	Enforcement for inclusion in the state criminal history records
412	and used by criminal justice agencies for criminal justice
413	purposes. These records may, in the discretion of the court, be
414	open to inspection by anyone upon a showing of cause. The
415	fingerprint and photograph records shall be produced in the
416	court whenever directed by the court. Any photograph taken
417	pursuant to this section may be shown by a law enforcement
418	officer to any victim or witness of a crime for the purpose of
419	identifying the person who committed such crime.
420	Section 7.  This act shall take effect October 1, 2008.

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