Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 144
Barcode 504458
LEGISLATIVE ACTION
Senate . House
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The Committee on Environmental Preservation and Conservation
(Rich) recommended the following:
1 Senate Amendment to Amendment (252812) (with title
2 amendment)
3
4 Delete line 86
5 and insert:
6 Section 2. Section 784.07, Florida Statutes, is amended to
7 read:
8 784.07 Assault or battery of law enforcement officers,
9 firefighters, emergency medical care providers, public transit
10 employees or agents, or other specified persons officers;
11 reclassification of offenses; minimum sentences.—
12 (1) As used in this section, the term:
13 (a) “Law enforcement officer” includes a law enforcement
14 officer, a correctional officer, a correctional probation
15 officer, a part-time law enforcement officer, a part-time
16 correctional officer, an auxiliary law enforcement officer, and
17 an auxiliary correctional officer, as those terms are
18 respectively defined in s. 943.10, and any county probation
19 officer; an employee or agent of the Department of Corrections
20 who supervises or provides services to inmates; an officer of
21 the Parole Commission; a federal law enforcement officer as
22 defined in s. 901.1505; and law enforcement personnel of the
23 Fish and Wildlife Conservation Commission, the Department of
24 Environmental Protection, or the Department of Law Enforcement.
25 (b) “Firefighter” means any person employed by any public
26 employer of this state whose duty it is to extinguish fires; to
27 protect life or property; or to enforce municipal, county, and
28 state fire prevention codes, as well as any law pertaining to
29 the prevention and control of fires.
30 (c) “Emergency medical care provider” means an ambulance
31 driver, emergency medical technician, paramedic, registered
32 nurse, physician as defined in s. 401.23, medical director as
33 defined in s. 401.23, or any person authorized by an emergency
34 medical service licensed under chapter 401 who is engaged in the
35 performance of his or her duties. The term “emergency medical
36 care provider” also includes physicians, employees, agents, or
37 volunteers of hospitals as defined in chapter 395, who are
38 employed, under contract, or otherwise authorized by a hospital
39 to perform duties directly associated with the care and
40 treatment rendered by the hospital’s emergency department or the
41 security thereof.
42 (d) Ocean lifeguard” means a lifeguard employed along the
43 coastal or intracoastal beaches and shores of the state to help
44 prevent injury or drowning of persons.
45 (e)(d) “Public transit employees or agents” means bus
46 operators, train operators, revenue collectors, security
47 personnel, equipment maintenance personnel, or field
48 supervisors, who are employees or agents of a transit agency as
49 described in s. 812.015(1)(l).
50 (2) Whenever any person is charged with knowingly
51 committing an assault or battery upon a law enforcement officer,
52 a firefighter, an emergency medical care provider, a traffic
53 accident investigation officer as described in s. 316.640, a
54 nonsworn law enforcement agency employee who is certified as an
55 agency inspector, blood alcohol analyst, or a breath test
56 operator while such employee is in uniform and engaged in
57 processing, testing, evaluating, analyzing, or transporting a
58 person who is detained or under arrest for DUI, a traffic
59 infraction enforcement officer as described in s. 316.640, a
60 parking enforcement specialist as defined in s. 316.640, a
61 person licensed as a security officer as defined in s. 493.6101
62 and wearing a uniform that bears at least one patch or emblem
63 that is visible at all times that clearly identifies the
64 employing agency and that clearly identifies the person as a
65 licensed security officer, or a security officer employed by the
66 board of trustees of a community college, or an ocean lifeguard,
67 while the officer, firefighter, emergency medical care provider,
68 intake officer, traffic accident investigation officer, traffic
69 infraction enforcement officer, inspector, analyst, operator,
70 parking enforcement specialist, public transit employee or
71 agent, or security officer, or ocean lifeguard is engaged in the
72 lawful performance of his or her duties, the offense for which
73 the person is charged shall be reclassified as follows:
74 (a) In the case of assault, from a misdemeanor of the
75 second degree to a misdemeanor of the first degree.
76 (b) In the case of battery, from a misdemeanor of the first
77 degree to a felony of the third degree.
78 (c) In the case of aggravated assault, from a felony of the
79 third degree to a felony of the second degree. Notwithstanding
80 any other provision of law, any person convicted of aggravated
81 assault upon a law enforcement officer shall be sentenced to a
82 minimum term of imprisonment of 3 years.
83 (d) In the case of aggravated battery, from a felony of the
84 second degree to a felony of the first degree. Notwithstanding
85 any other provision of law, any person convicted of aggravated
86 battery of a law enforcement officer shall be sentenced to a
87 minimum term of imprisonment of 5 years.
88 (3) Any person who is convicted of a battery under
89 paragraph (2)(b) and, during the commission of the offense, the
90 such person possessed:
91 (a) A “firearm” or “destructive device” as those terms are
92 defined in s. 790.001, shall be sentenced to a minimum term of
93 imprisonment of 3 years.
94 (b) A semiautomatic firearm and its high-capacity
95 detachable box magazine, as defined in s. 775.087(3), or a
96 machine gun as defined in s. 790.001, shall be sentenced to a
97 minimum term of imprisonment of 8 years.
98
99 Notwithstanding s. 948.01, adjudication of guilt or imposition
100 of sentence shall not be suspended, deferred, or withheld, and
101 the defendant is not eligible for statutory gain-time under s.
102 944.275 or any form of discretionary early release, other than
103 pardon or executive clemency, or conditional medical release
104 under s. 947.149, prior to serving the minimum sentence.
105 Section 3. Paragraph (a) of subsection (3) of section
106 435.04, Florida Statutes, is amended to read:
107 435.04 Level 2 screening standards.—
108 (3) The security background investigations conducted under
109 this section for employees of the Department of Juvenile Justice
110 must ensure that no persons subject to the provisions of this
111 section have been found guilty of, regardless of adjudication,
112 or entered a plea of nolo contendere or guilty to, any offense
113 prohibited under any of the following provisions of the Florida
114 Statutes or under any similar statute of another jurisdiction:
115 (a) Section 784.07, relating to assault or battery of law
116 enforcement officers, firefighters, emergency medical care
117 providers, public transit employees or agents, or other
118 specified persons officers.
119
120 The Department of Juvenile Justice may not remove a
121 disqualification from employment or grant an exemption to any
122 person who is disqualified under this section for any offense
123 disposed of during the most recent 7-year period.
124 Section 4. Subsection (15) of section 901.15, Florida
125 Statutes, is amended to read:
126 901.15 When arrest by officer without warrant is lawful.—A
127 law enforcement officer may arrest a person without a warrant
128 when:
129 (15) There is probable cause to believe that the person has
130 committed assault upon a law enforcement officer, a firefighter,
131 an emergency medical care provider, public transit employee
132 employees or agent agents, or other specified persons officers
133 as set forth in s. 784.07 or has committed assault or battery
134 upon any employee of a receiving facility as defined in s.
135 394.455 who is engaged in the lawful performance of his or her
136 duties.
137 Section 5. For the purpose of incorporating the amendment
138 made by this act to section 784.07, Florida Statutes, in a
139 reference thereto, paragraph (d) of subsection (3) of section
140 921.0022, Florida Statutes, is reenacted, and paragraphs (f) and
141 (g) of that subsection are amended, to read:
142 921.0022 Criminal Punishment Code; offense severity ranking
143 chart.—
144 (3) OFFENSE SEVERITY RANKING CHART
145 (d) LEVEL 4
146 FloridaStatute FelonyDegree Description
147 316.1935(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.
148 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
149 499.0051(2) 3rd Failure to authenticate pedigree papers.
150 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
151 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
152 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
153 784.075 3rd Battery on detention or commitment facility staff.
154 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
155 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
156 784.081(3) 3rd Battery on specified official or employee.
157 784.082(3) 3rd Battery by detained person on visitor or other detainee.
158 784.083(3) 3rd Battery on code inspector.
159 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
160 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
161 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
162 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
163 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
164 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
165 790.115(2)(c) 3rd Possessing firearm on school property.
166 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
167 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
168 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
169 810.06 3rd Burglary; possession of tools.
170 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
171 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
172 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
173 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
174 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
175 817.568(2)(a) 3rd Fraudulent use of personal identification information.
176 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
177 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
178 837.02(1) 3rd Perjury in official proceedings.
179 837.021(1) 3rd Make contradictory statements in official proceedings.
180 838.022 3rd Official misconduct.
181 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
182 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
183 843.021 3rd Possession of a concealed handcuff key by a person in custody.
184 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
185 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
186 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
187 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
188 893.13(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).
189 914.14(2) 3rd Witnesses accepting bribes.
190 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
191 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
192 918.12 3rd Tampering with jurors.
193 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
194
195 (f) LEVEL 6
196 FloridaStatute FelonyDegree Description
197 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
198 499.0051(3) 2nd Knowing forgery of pedigree papers.
199 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
200 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
201 775.0875(1) 3rd Taking firearm from law enforcement officer.
202 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
203 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
204 784.041 3rd Felony battery; domestic battery by strangulation.
205 784.048(3) 3rd Aggravated stalking; credible threat.
206 784.048(5) 3rd Aggravated stalking of person under 16.
207 784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, intake officer, etc.
208 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
209 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
210 784.081(2) 2nd Aggravated assault on specified official or employee.
211 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
212 784.083(2) 2nd Aggravated assault on code inspector.
213 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
214 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
215 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
216 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
217 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
218 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
219 794.05(1) 2nd Unlawful sexual activity with specified minor.
220 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
221 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
222 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
223 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
224 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
225 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
226 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
227 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
228 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
229 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
230 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
231 825.102(1) 3rd Abuse of an elderly person or disabled adult.
232 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
233 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
234 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
235 827.03(1) 3rd Abuse of a child.
236 827.03(3)(c) 3rd Neglect of a child.
237 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
238 836.05 2nd Threats; extortion.
239 836.10 2nd Written threats to kill or do bodily injury.
240 843.12 3rd Aids or assists person to escape.
241 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
242 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
243 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
244 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
245 944.35(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.
246 944.40 2nd Escapes.
247 944.46 3rd Harboring, concealing, aiding escaped prisoners.
248 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
249 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
250
251 (g) LEVEL 7
252 FloridaStatute FelonyDegree Description
253 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
254 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
255 316.1935(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.
256 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
257 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
258 409.920(2) 3rd Medicaid provider fraud.
259 456.065(2) 3rd Practicing a health care profession without a license.
260 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
261 458.327(1) 3rd Practicing medicine without a license.
262 459.013(1) 3rd Practicing osteopathic medicine without a license.
263 460.411(1) 3rd Practicing chiropractic medicine without a license.
264 461.012(1) 3rd Practicing podiatric medicine without a license.
265 462.17 3rd Practicing naturopathy without a license.
266 463.015(1) 3rd Practicing optometry without a license.
267 464.016(1) 3rd Practicing nursing without a license.
268 465.015(2) 3rd Practicing pharmacy without a license.
269 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
270 467.201 3rd Practicing midwifery without a license.
271 468.366 3rd Delivering respiratory care services without a license.
272 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
273 483.901(9) 3rd Practicing medical physics without a license.
274 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
275 484.053 3rd Dispensing hearing aids without a license.
276 494.0018(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.
277 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
278 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
279 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
280 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
281 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
282 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
283 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
284 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
285 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
286 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
287 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
288 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
289 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
290 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
291 784.048(7) 3rd Aggravated stalking; violation of court order.
292 784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, intake officer, etc.
293 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
294 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
295 784.081(1) 1st Aggravated battery on specified official or employee.
296 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
297 784.083(1) 1st Aggravated battery on code inspector.
298 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
299 790.16(1) 1st Discharge of a machine gun under specified circumstances.
300 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
301 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
302 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
303 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
304 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
305 794.08(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.
306 796.03 2nd Procuring any person under 16 years for prostitution.
307 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
308 800.04(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.
309 806.01(2) 2nd Maliciously damage structure by fire or explosive.
310 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
311 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
312 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
313 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
314 812.014(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.
315 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
316 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
317 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
318 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
319 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
320 812.131(2)(a) 2nd Robbery by sudden snatching.
321 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
322 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
323 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
324 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
325 817.2341(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.
326 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
327 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
328 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
329 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
330 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
331 838.015 2nd Bribery.
332 838.016 2nd Unlawful compensation or reward for official behavior.
333 838.021(3)(a) 2nd Unlawful harm to a public servant.
334 838.22 2nd Bid tampering.
335 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
336 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
337 872.06 2nd Abuse of a dead human body.
338 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
339 893.13(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.
340 893.13(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.
341 893.13(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).
342 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
343 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
344 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
345 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
346 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
347 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
348 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
349 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
350 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
351 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
352 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
353 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
354 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
355 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
356 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
357 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
358 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
359 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
360 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
361 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
362 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
363 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
364 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
365 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
366 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
367
368 Section 6. Paragraph (b) of subsection (3) of section
369 943.051, Florida Statutes, is amended to read:
370 943.051 Criminal justice information; collection and
371 storage; fingerprinting.—
372 (3)
373 (b) A minor who is charged with or found to have committed
374 the following offenses shall be fingerprinted and the
375 fingerprints shall be submitted to the department:
376 1. Assault, as defined in s. 784.011.
377 2. Battery, as defined in s. 784.03.
378 3. Carrying a concealed weapon, as defined in s. 790.01(1).
379 4. Unlawful use of destructive devices or bombs, as defined
380 in s. 790.1615(1).
381 5. Negligent treatment of children, as defined in s.
382 827.05.
383 6. Assault or battery on a law enforcement officer, a
384 firefighter, or other specified person officers, as defined in
385 s. 784.07(2)(a) and (b).
386 7. Open carrying of a weapon, as defined in s. 790.053.
387 8. Exposure of sexual organs, as defined in s. 800.03.
388 9. Unlawful possession of a firearm, as defined in s.
389 790.22(5).
390 10. Petit theft, as defined in s. 812.014(3).
391 11. Cruelty to animals, as defined in s. 828.12(1).
392 12. Arson, as defined in s. 806.031(1).
393 13. Unlawful possession or discharge of a weapon or firearm
394 at a school-sponsored event or on school property as defined in
395 s. 790.115.
396 Section 7. Paragraph (b) of subsection (1) of section
397 985.11, Florida Statutes, is amended to read:
398 985.11 Fingerprinting and photographing.—
399 (1)
400 (b) A child who is charged with or found to have committed
401 one of the following offenses shall be fingerprinted, and the
402 fingerprints shall be submitted to the Department of Law
403 Enforcement as provided in s. 943.051(3)(b):
404 1. Assault, as defined in s. 784.011.
405 2. Battery, as defined in s. 784.03.
406 3. Carrying a concealed weapon, as defined in s. 790.01(1).
407 4. Unlawful use of destructive devices or bombs, as defined
408 in s. 790.1615(1).
409 5. Negligent treatment of children, as defined in former s.
410 827.05.
411 6. Assault on a law enforcement officer, a firefighter, or
412 other specified person officers, as defined in s. 784.07(2)(a).
413 7. Open carrying of a weapon, as defined in s. 790.053.
414 8. Exposure of sexual organs, as defined in s. 800.03.
415 9. Unlawful possession of a firearm, as defined in s.
416 790.22(5).
417 10. Petit theft, as defined in s. 812.014.
418 11. Cruelty to animals, as defined in s. 828.12(1).
419 12. Arson, resulting in bodily harm to a firefighter, as
420 defined in s. 806.031(1).
421 13. Unlawful possession or discharge of a weapon or firearm
422 at a school-sponsored event or on school property as defined in
423 s. 790.115.
424
425 A law enforcement agency may fingerprint and photograph a child
426 taken into custody upon probable cause that the such child has
427 committed any other violation of law, as the agency deems
428 appropriate. Such fingerprint records and photographs shall be
429 retained by the law enforcement agency in a separate file, and
430 these records and all copies thereof must be marked “Juvenile
431 Confidential.” These records are not available for public
432 disclosure and inspection under s. 119.07(1) except as provided
433 in ss. 943.053 and 985.04(2), but shall be available to other
434 law enforcement agencies, criminal justice agencies, state
435 attorneys, the courts, the child, the parents or legal
436 custodians of the child, their attorneys, and any other person
437 authorized by the court to have access to such records. In
438 addition, such records may be submitted to the Department of Law
439 Enforcement for inclusion in the state criminal history records
440 and used by criminal justice agencies for criminal justice
441 purposes. These records may, in the discretion of the court, be
442 open to inspection by anyone upon a showing of cause. The
443 fingerprint and photograph records shall be produced in the
444 court whenever directed by the court. Any photograph taken
445 pursuant to this section may be shown by a law enforcement
446 officer to any victim or witness of a crime for the purpose of
447 identifying the person who committed such crime.
448 Section 8. This act shall take effect July 1, 2009.
449
450 ================= T I T L E A M E N D M E N T ================
451 And the title is amended as follows:
452
453 Delete line 97
454 and insert:
455
456 amending s. 784.07, F.S.; defining an “ocean
457 lifeguard;”; providing enhanced penalties for an
458 assault or battery on an ocean lifeguard while he or
459 she is engaged in the lawful performance of his or her
460 duties; amending ss. 435.04, 901.15, 943.051, and
461 985.11, F.S.; conforming provisions; amending s.
462 921.0022, F.S., and reenacting paragraph (3)(d),
463 relating to the offense severity ranking chart, to
464 incorporate the amendments made to s. 784.07, F.S., in
465 a reference thereto; providing an effective date.