Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 144
       
       
       
       
       
       
                                Barcode 504458                          
       
                              LEGISLATIVE ACTION                        
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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.