Florida Senate - 2010 SB 128
By Senator Bullard
39-00191-10 2010128__
1 A bill to be entitled
2 An act relating to beach safety; amending s. 380.276,
3 F.S.; expanding the beach safety program administered
4 by the Department of Environmental Protection to apply
5 to all beaches; specifying how department funds for
6 promoting the use of beach warning flags are to be
7 dispersed; amending s. 784.07, F.S.; defining the term
8 “ocean lifeguard”; providing enhanced penalties for an
9 assault or battery on an ocean lifeguard while he or
10 she is engaged in the lawful performance of his or her
11 duties; amending ss. 435.04, 901.15, 943.051, and
12 985.11, F.S.; conforming provisions; amending s.
13 921.0022, F.S., and reenacting paragraph (3)(d),
14 relating to the offense severity ranking chart, to
15 incorporate the amendments made to s. 784.07, F.S., in
16 a reference thereto; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 380.276, Florida Statutes, is amended to
21 read:
22 380.276 Beaches and coastal areas; display of uniform
23 warning and safety flags at public beaches; placement of uniform
24 notification signs; beach safety education.—
25 (1) It is the intent of the Legislature that a cooperative
26 effort among state agencies and local governments be undertaken
27 to plan for and assist in the display of uniform warning and
28 safety flags, and the placement of uniform notification signs
29 that provide the meaning of such warning and safety flags, at
30 public beaches along the coast of the state. Because the varying
31 natural conditions of Florida’s public beaches and coastal areas
32 pose significant risks to the safety of tourists and the general
33 public, it is important to inform the public of the need to
34 exercise caution.
35 (2) As used in this section, the term “beach” means any
36 sandy shoreline fronting on the Atlantic Ocean, the Gulf of
37 Mexico, or the Straits of Florida which is laterally transversed
38 or customarily used by the public.
39 (3)(2) The Department of Environmental Protection, through
40 the Florida Coastal Management Program, shall direct and
41 coordinate the uniform warning and safety flag program. The
42 purpose of the program is shall be to encourage the display of
43 uniform warning and safety flags at public beaches along the
44 coast of the state and to encourage the placement of uniform
45 notification signs that provide the meaning of such flags. Only
46 warning and safety flags developed by the department may shall
47 be displayed. The department should adopt the goal of having all
48 state beaches participate in the Florida Coastal Management
49 Program and, at a minimum, display the uniform flag notification
50 signs. Participation in the program is shall be open to any
51 entity that has government having jurisdiction over a public
52 beach along the coast, whether or not the beach has lifeguards,
53 and is strongly recommended for all local governments that have
54 jurisdiction over a beach.
55 (4)(3) The Department of Environmental Protection shall
56 develop a program for the display of uniform warning and safety
57 flags at public beaches along the coast of the state and for the
58 placement of uniform flag notification signs that provide the
59 meaning of the flags displayed. Such a program shall provide:
60 (a) For posted notification of the meaning of each of the
61 warning and safety flags at all designated beach public access
62 points.
63 (b) That uniform notification signs be posted in a
64 conspicuous location and be clearly legible.
65 (c) A standard size, shape, color, and definition for each
66 warning and safety flag.
67 (5)(4) The Department of Environmental Protection may is
68 authorized, within the limits of appropriations or grants
69 available to it for such purposes, to establish and operate a
70 program to encourage the display of uniform warning and safety
71 flags at public beaches along the coast of the state and to
72 encourage the placement of uniform notification signs that
73 provide the meaning of the flags displayed. The department shall
74 coordinate the implementation of the uniform warning and safety
75 flag program with local governing bodies and the Florida Beach
76 Patrol Chiefs Association. In awarding funds, the department
77 must first fund all requests from local governments. If any
78 funds remain, the department shall fund the remaining requests
79 on a first-come, first-served basis.
80 (6)(5) The Department of Environmental Protection may adopt
81 rules pursuant to ss. 120.536(1) and 120.54 necessary to
82 administer this section.
83 (7)(6) Due to the inherent danger of constantly changing
84 surf and other naturally occurring conditions along Florida’s
85 coast, the state, state agencies, local and regional government
86 entities or authorities, and their individual employees and
87 agents, are shall not be held liable for any injury or loss of
88 life caused by changing surf and other naturally occurring
89 conditions along coastal areas, whether or not uniform warning
90 and safety flags or notification signs developed by the
91 department are displayed or posted.
92 (8)(7) The Department of Environmental Protection, through
93 the Florida Coastal Management Program, may also develop and
94 make available to the public other educational information and
95 materials related to beach safety.
96 Section 2. Section 784.07, Florida Statutes, is amended to
97 read:
98 784.07 Assault or battery of law enforcement officers,
99 firefighters, emergency medical care providers, public transit
100 employees or agents, or other specified persons officers;
101 reclassification of offenses; minimum sentences.—
102 (1) As used in this section, the term:
103 (a) “Emergency medical care provider” means an ambulance
104 driver, emergency medical technician, paramedic, registered
105 nurse, physician as defined in s. 401.23, medical director as
106 defined in s. 401.23, or any person authorized by an emergency
107 medical service licensed under chapter 401 who is engaged in the
108 performance of his or her duties. The term “emergency medical
109 care provider” also includes physicians, employees, agents, or
110 volunteers of hospitals as defined in chapter 395, who are
111 employed, under contract, or otherwise authorized by a hospital
112 to perform duties directly associated with the care and
113 treatment rendered by the hospital’s emergency department or the
114 security thereof.
115 (b) “Firefighter” means any person employed by any public
116 employer of this state whose duty it is to extinguish fires; to
117 protect life or property; or to enforce municipal, county, and
118 state fire prevention codes, as well as any law pertaining to
119 the prevention and control of fires.
120 (c) “Law enforcement explorer” means any person who is a
121 current member of a law enforcement agency’s explorer program
122 and who is performing functions other than those required to be
123 performed by sworn law enforcement officers on behalf of a law
124 enforcement agency while under the direct physical supervision
125 of a sworn officer of that agency and wearing a uniform that
126 bears at least one patch that clearly identifies the law
127 enforcement agency that he or she represents.
128 (d) “Law enforcement officer” includes a law enforcement
129 officer, a correctional officer, a correctional probation
130 officer, a part-time law enforcement officer, a part-time
131 correctional officer, an auxiliary law enforcement officer, and
132 an auxiliary correctional officer, as those terms are
133 respectively defined in s. 943.10, and any county probation
134 officer; an employee or agent of the Department of Corrections
135 who supervises or provides services to inmates; an officer of
136 the Parole Commission; a federal law enforcement officer as
137 defined in s. 901.1505; and law enforcement personnel of the
138 Fish and Wildlife Conservation Commission, the Department of
139 Environmental Protection, or the Department of Law Enforcement.
140 (e) “Ocean lifeguard” means a lifeguard employed along the
141 coastal or intracoastal beaches and shores of this state to help
142 prevent injury or drowning.
143 (f)(e) “Public transit employees or agents” means bus
144 operators, train operators, revenue collectors, security
145 personnel, equipment maintenance personnel, or field
146 supervisors, who are employees or agents of a transit agency as
147 described in s. 812.015(1)(l).
148 (2) If Whenever any person is charged with knowingly
149 committing an assault or battery upon a law enforcement officer,
150 a firefighter, an emergency medical care provider, a traffic
151 accident investigation officer as described in s. 316.640, a
152 nonsworn law enforcement agency employee who is certified as an
153 agency inspector, blood alcohol analyst, or a breath test
154 operator while such employee is in uniform and engaged in
155 processing, testing, evaluating, analyzing, or transporting a
156 person who is detained or under arrest for DUI, a law
157 enforcement explorer, a traffic infraction enforcement officer
158 as described in s. 316.640, a parking enforcement specialist as
159 defined in s. 316.640, a person licensed as a security officer
160 as defined in s. 493.6101 and wearing a uniform that bears at
161 least one patch or emblem that is visible at all times that
162 clearly identifies the employing agency and that clearly
163 identifies the person as a licensed security officer, or a
164 security officer employed by the board of trustees of a
165 community college, or an ocean lifeguard while the officer,
166 firefighter, emergency medical care provider, intake officer,
167 traffic accident investigation officer, traffic infraction
168 enforcement officer, inspector, analyst, operator, law
169 enforcement explorer, parking enforcement specialist, public
170 transit employee or agent, or security officer, or ocean
171 lifeguard is engaged in the lawful performance of his or her
172 duties, the offense for which the person is charged shall be
173 reclassified as follows:
174 (a) In the case of assault, from a misdemeanor of the
175 second degree to a misdemeanor of the first degree.
176 (b) In the case of battery, from a misdemeanor of the first
177 degree to a felony of the third degree.
178 (c) In the case of aggravated assault, from a felony of the
179 third degree to a felony of the second degree. Notwithstanding
180 any other provision of law, any person convicted of aggravated
181 assault upon a law enforcement officer shall be sentenced to a
182 minimum term of imprisonment of 3 years.
183 (d) In the case of aggravated battery, from a felony of the
184 second degree to a felony of the first degree. Notwithstanding
185 any other provision of law, any person convicted of aggravated
186 battery of a law enforcement officer shall be sentenced to a
187 minimum term of imprisonment of 5 years.
188 (3) Any person who is convicted of a battery under
189 paragraph (2)(b) and, during the commission of the offense, the
190 such person possessed:
191 (a) A “firearm” or “destructive device” as those terms are
192 defined in s. 790.001, shall be sentenced to a minimum term of
193 imprisonment of 3 years.
194 (b) A semiautomatic firearm and its high-capacity
195 detachable box magazine, as defined in s. 775.087(3), or a
196 machine gun as defined in s. 790.001, shall be sentenced to a
197 minimum term of imprisonment of 8 years.
198
199 Notwithstanding s. 948.01, adjudication of guilt or imposition
200 of sentence may shall not be suspended, deferred, or withheld,
201 and the defendant is not eligible for statutory gain-time under
202 s. 944.275 or any form of discretionary early release, other
203 than pardon or executive clemency, or conditional medical
204 release under s. 947.149, prior to serving the minimum sentence.
205 Section 3. Subsection (3) of section 435.04, Florida
206 Statutes, is amended to read:
207 435.04 Level 2 screening standards.—
208 (3) The security background investigations conducted under
209 this section for employees of the Department of Juvenile Justice
210 must ensure that no persons subject to the provisions of this
211 section have been found guilty of, regardless of adjudication,
212 or entered a plea of nolo contendere or guilty to, any offense
213 prohibited under any of the following provisions of state law
214 the Florida Statutes or under any similar statute of another
215 jurisdiction:
216 (a) Section 784.07, relating to assault or battery of law
217 enforcement officers, firefighters, emergency medical care
218 providers, public transit employees or agents, or other
219 specified persons officers.
220 (b) Section 810.02, relating to burglary, if the offense is
221 a felony.
222 (c) Section 944.40, relating to escape.
223
224 The Department of Juvenile Justice may not remove a
225 disqualification from employment or grant an exemption to any
226 person who is disqualified under this section for any offense
227 disposed of during the last 7 years most recent 7-year period.
228 Section 4. Subsection (15) of section 901.15, Florida
229 Statutes, is amended to read:
230 901.15 When arrest by officer without warrant is lawful.—A
231 law enforcement officer may arrest a person without a warrant
232 when:
233 (15) There is probable cause to believe that the person has
234 committed assault upon a law enforcement officer, a firefighter,
235 an emergency medical care provider, public transit employee
236 employees or agent agents, or other specified persons officers
237 as set forth in s. 784.07 or has committed assault or battery
238 upon any employee of a receiving facility as defined in s.
239 394.455 who is engaged in the lawful performance of his or her
240 duties.
241 Section 5. For the purpose of incorporating the amendment
242 made by this act to section 784.07, Florida Statutes, in a
243 reference thereto, paragraph (d) of subsection (3) of section
244 921.0022, Florida Statutes, is reenacted, and paragraphs (f) and
245 (g) of that subsection are amended, to read:
246 921.0022 Criminal Punishment Code; offense severity ranking
247 chart.—
248 (3) OFFENSE SEVERITY RANKING CHART
249 (d) LEVEL 4
250 FloridaStatute FelonyDegree Description
251 316.1935(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.
252 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
253 499.0051(2) 3rd Failure to authenticate pedigree papers.
254 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
255 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
256 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
257 784.075 3rd Battery on detention or commitment facility staff.
258 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
259 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
260 784.081(3) 3rd Battery on specified official or employee.
261 784.082(3) 3rd Battery by detained person on visitor or other detainee.
262 784.083(3) 3rd Battery on code inspector.
263 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
264 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
265 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
266 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
267 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
268 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
269 790.115(2)(c) 3rd Possessing firearm on school property.
270 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
271 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
272 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
273 810.06 3rd Burglary; possession of tools.
274 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
275 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
276 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
277 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
278 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
279 817.568(2)(a) 3rd Fraudulent use of personal identification information.
280 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
281 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
282 837.02(1) 3rd Perjury in official proceedings.
283 837.021(1) 3rd Make contradictory statements in official proceedings.
284 838.022 3rd Official misconduct.
285 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
286 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
287 843.021 3rd Possession of a concealed handcuff key by a person in custody.
288 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
289 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
290 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
291 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
292 893.13(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).
293 914.14(2) 3rd Witnesses accepting bribes.
294 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
295 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
296 918.12 3rd Tampering with jurors.
297 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
298 (f) LEVEL 6
299 FloridaStatute FelonyDegree Description
300 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
301 499.0051(3) 2nd Knowing forgery of pedigree papers.
302 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
303 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
304 775.0875(1) 3rd Taking firearm from law enforcement officer.
305 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
306 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
307 784.041 3rd Felony battery; domestic battery by strangulation.
308 784.048(3) 3rd Aggravated stalking; credible threat.
309 784.048(5) 3rd Aggravated stalking of person under 16.
310 784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, intake officer, etc.
311 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
312 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
313 784.081(2) 2nd Aggravated assault on specified official or employee.
314 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
315 784.083(2) 2nd Aggravated assault on code inspector.
316 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
317 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
318 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
319 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
320 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
321 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
322 794.05(1) 2nd Unlawful sexual activity with specified minor.
323 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
324 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
325 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
326 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
327 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
328 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
329 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
330 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
331 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
332 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
333 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
334 825.102(1) 3rd Abuse of an elderly person or disabled adult.
335 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
336 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
337 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
338 827.03(1) 3rd Abuse of a child.
339 827.03(3)(c) 3rd Neglect of a child.
340 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
341 836.05 2nd Threats; extortion.
342 836.10 2nd Written threats to kill or do bodily injury.
343 843.12 3rd Aids or assists person to escape.
344 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
345 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
346 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
347 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
348 944.35(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.
349 944.40 2nd Escapes.
350 944.46 3rd Harboring, concealing, aiding escaped prisoners.
351 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
352 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
353 (g) LEVEL 7
354 FloridaStatute FelonyDegree Description
355 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
356 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
357 316.1935(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.
358 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
359 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
360 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
361 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
362 456.065(2) 3rd Practicing a health care profession without a license.
363 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
364 458.327(1) 3rd Practicing medicine without a license.
365 459.013(1) 3rd Practicing osteopathic medicine without a license.
366 460.411(1) 3rd Practicing chiropractic medicine without a license.
367 461.012(1) 3rd Practicing podiatric medicine without a license.
368 462.17 3rd Practicing naturopathy without a license.
369 463.015(1) 3rd Practicing optometry without a license.
370 464.016(1) 3rd Practicing nursing without a license.
371 465.015(2) 3rd Practicing pharmacy without a license.
372 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
373 467.201 3rd Practicing midwifery without a license.
374 468.366 3rd Delivering respiratory care services without a license.
375 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
376 483.901(9) 3rd Practicing medical physics without a license.
377 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
378 484.053 3rd Dispensing hearing aids without a license.
379 494.0018(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.
380 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
381 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
382 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
383 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
384 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
385 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
386 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
387 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
388 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
389 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
390 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
391 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
392 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
393 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
394 784.048(7) 3rd Aggravated stalking; violation of court order.
395 784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, intake officer, etc.
396 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
397 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
398 784.081(1) 1st Aggravated battery on specified official or employee.
399 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
400 784.083(1) 1st Aggravated battery on code inspector.
401 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
402 790.16(1) 1st Discharge of a machine gun under specified circumstances.
403 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
404 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
405 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
406 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
407 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
408 794.08(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.
409 796.03 2nd Procuring any person under 16 years for prostitution.
410 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
411 800.04(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.
412 806.01(2) 2nd Maliciously damage structure by fire or explosive.
413 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
414 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
415 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
416 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
417 812.014(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.
418 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
419 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
420 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
421 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
422 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
423 812.131(2)(a) 2nd Robbery by sudden snatching.
424 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
425 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
426 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
427 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
428 817.2341(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.
429 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
430 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
431 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
432 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
433 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
434 838.015 2nd Bribery.
435 838.016 2nd Unlawful compensation or reward for official behavior.
436 838.021(3)(a) 2nd Unlawful harm to a public servant.
437 838.22 2nd Bid tampering.
438 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
439 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
440 872.06 2nd Abuse of a dead human body.
441 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
442 893.13(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.
443 893.13(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.
444 893.13(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).
445 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
446 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
447 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
448 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
449 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
450 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
451 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
452 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
453 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
454 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
455 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
456 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
457 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
458 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
459 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
460 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
461 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
462 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
463 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
464 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
465 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
466 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
467 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
468 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
469 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
470 Section 6. Paragraph (b) of subsection (3) of section
471 943.051, Florida Statutes, is amended to read:
472 943.051 Criminal justice information; collection and
473 storage; fingerprinting.—
474 (3)
475 (b) A minor who is charged with or found to have committed
476 the following offenses shall be fingerprinted and the
477 fingerprints shall be submitted to the department:
478 1. Assault, as defined in s. 784.011.
479 2. Battery, as defined in s. 784.03.
480 3. Carrying a concealed weapon, as defined in s. 790.01(1).
481 4. Unlawful use of destructive devices or bombs, as defined
482 in s. 790.1615(1).
483 5. Negligent treatment of children, as defined in s.
484 827.05.
485 6. Assault or battery on a law enforcement officer, a
486 firefighter, or other specified person officers, as defined in
487 s. 784.07(2)(a) and (b).
488 7. Open carrying of a weapon, as defined in s. 790.053.
489 8. Exposure of sexual organs, as defined in s. 800.03.
490 9. Unlawful possession of a firearm, as defined in s.
491 790.22(5).
492 10. Petit theft, as defined in s. 812.014(3).
493 11. Cruelty to animals, as defined in s. 828.12(1).
494 12. Arson, as defined in s. 806.031(1).
495 13. Unlawful possession or discharge of a weapon or firearm
496 at a school-sponsored event or on school property as defined in
497 s. 790.115.
498 Section 7. Paragraph (b) of subsection (1) of section
499 985.11, Florida Statutes, is amended to read:
500 985.11 Fingerprinting and photographing.—
501 (1)
502 (b) A child who is charged with or found to have committed
503 one of the following offenses shall be fingerprinted, and the
504 fingerprints shall be submitted to the Department of Law
505 Enforcement as provided in s. 943.051(3)(b):
506 1. Assault, as defined in s. 784.011.
507 2. Battery, as defined in s. 784.03.
508 3. Carrying a concealed weapon, as defined in s. 790.01(1).
509 4. Unlawful use of destructive devices or bombs, as defined
510 in s. 790.1615(1).
511 5. Negligent treatment of children, as defined in former s.
512 827.05.
513 6. Assault on a law enforcement officer, a firefighter, or
514 other specified person officers, as defined in s. 784.07(2)(a).
515 7. Open carrying of a weapon, as defined in s. 790.053.
516 8. Exposure of sexual organs, as defined in s. 800.03.
517 9. Unlawful possession of a firearm, as defined in s.
518 790.22(5).
519 10. Petit theft, as defined in s. 812.014.
520 11. Cruelty to animals, as defined in s. 828.12(1).
521 12. Arson, resulting in bodily harm to a firefighter, as
522 defined in s. 806.031(1).
523 13. Unlawful possession or discharge of a weapon or firearm
524 at a school-sponsored event or on school property as defined in
525 s. 790.115.
526
527 A law enforcement agency may fingerprint and photograph a child
528 taken into custody upon probable cause that the such child has
529 committed any other violation of law, as the agency deems
530 appropriate. Such fingerprint records and photographs shall be
531 retained by the law enforcement agency in a separate file, and
532 these records and all copies thereof must be marked “Juvenile
533 Confidential.” These records are not available for public
534 disclosure and inspection under s. 119.07(1) except as provided
535 in ss. 943.053 and 985.04(2), but shall be available to other
536 law enforcement agencies, criminal justice agencies, state
537 attorneys, the courts, the child, the parents or legal
538 custodians of the child, their attorneys, and any other person
539 authorized by the court to have access to such records. In
540 addition, such records may be submitted to the Department of Law
541 Enforcement for inclusion in the state criminal history records
542 and used by criminal justice agencies for criminal justice
543 purposes. These records may, in the discretion of the court, be
544 open to inspection by anyone upon a showing of cause. The
545 fingerprint and photograph records shall be produced in the
546 court whenever directed by the court. Any photograph taken
547 pursuant to this section may be shown by a law enforcement
548 officer to any victim or witness of a crime for the purpose of
549 identifying the person who committed such crime.
550 Section 8. This act shall take effect July 1, 2010.