HB 769

1	A bill to be entitled
2	An act relating to criminal conduct; amending s. 827.03,
3	F.S.; defining the term "mental injury"; exempting
4	constitutionally protected acts from prohibitions on child
5	abuse, aggravated child abuse, and neglect; amending ss.
6	775.084, 775.0877, 782.07, 921.0022, and 948.062, F.S.;
7	conforming cross-references; amending s. 960.03, F.S.;
8	redefining the term "crime" for purposes of crime victim
9	compensation to include additional forms of injury;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 827.03, Florida Statutes, is amended to
15	read:
16	827.03  Abuse, aggravated abuse, and neglect of a child;
17	penalties.-
18	(1)  DEFINITIONS.-For purposes of this section:
19	(a)  "Aggravated child abuse" occurs when a person:
20	1.  Commits aggravated battery on a child;
21	2.  Willfully tortures, maliciously punishes, or willfully
22	and unlawfully cages a child; or
23	3.  Knowingly or willfully abuses a child and in so doing
24	causes great bodily harm, permanent disability, or permanent
25	disfigurement to the child.
26	(b)  "Child abuse" means:
27	1.(a)  Intentional infliction of physical or mental injury
28	upon a child;
29	2.(b)  An intentional act that could reasonably be expected
30	to result in physical or mental injury to a child; or
31	3.(c)  Active encouragement of any person to commit an act
32	that results or could reasonably be expected to result in
33	physical or mental injury to a child.
34
35	A person who knowingly or willfully abuses a child without
36	causing great bodily harm, permanent disability, or permanent
37	disfigurement to the child commits a felony of the third degree,
38	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
39	(2)  "Aggravated child abuse" occurs when a person:
40	(a)  Commits aggravated battery on a child;
41	(b)  Willfully tortures, maliciously punishes, or willfully
42	and unlawfully cages a child; or
43	(c)  Knowingly or willfully abuses a child and in so doing
44	causes great bodily harm, permanent disability, or permanent
45	disfigurement to the child.
46
47	A person who commits aggravated child abuse commits a felony of
48	the first degree, punishable as provided in s. 775.082, s.
49	775.083, or s. 775.084.
50	(c)  "Maliciously" means wrongfully, intentionally, and
51	without legal justification or excuse. Maliciousness may be
52	established by circumstances from which one could conclude that
53	a reasonable parent would not have engaged in the damaging acts
54	toward the child for any valid reason and that the primary
55	purpose of the acts was to cause the victim unjustifiable pain
56	or injury.
57	(d)  "Mental injury" has the same meaning as provided in s.
58	39.01.
59	(e)(3)(a)  "Neglect of a child" means:
60	1.  A caregiver's failure or omission to provide a child
61	with the care, supervision, and services necessary to maintain
62	the child's physical and mental health, including, but not
63	limited to, food, nutrition, clothing, shelter, supervision,
64	medicine, and medical services that a prudent person would
65	consider essential for the well-being of the child; or
66	2.  A caregiver's failure to make a reasonable effort to
67	protect a child from abuse, neglect, or exploitation by another
68	person.
69
70	Neglect of a child may be based on repeated conduct or on a
71	single incident or omission that results in, or could reasonably
72	be expected to result in, serious physical or mental injury, or
73	a substantial risk of death, to a child.
74	(2)  OFFENSES.-
75	(a)  A person who commits aggravated child abuse commits a
76	felony of the first degree, punishable as provided in s.
77	775.082, s. 775.083, or s. 775.084.
78	(b)  A person who willfully or by culpable negligence
79	neglects a child and in so doing causes great bodily harm,
80	permanent disability, or permanent disfigurement to the child
81	commits a felony of the second degree, punishable as provided in
82	s. 775.082, s. 775.083, or s. 775.084.
83	(c)  A person who knowingly or willfully abuses a child
84	without causing great bodily harm, permanent disability, or
85	permanent disfigurement to the child commits a felony of the
86	third degree, punishable as provided in s. 775.082, s. 775.083,
87	or s. 775.084.
88	(d)(c)  A person who willfully or by culpable negligence
89	neglects a child without causing great bodily harm, permanent
90	disability, or permanent disfigurement to the child commits a
91	felony of the third degree, punishable as provided in s.
92	775.082, s. 775.083, or s. 775.084.
93	(3)  EXCEPTION.-An act does not violate this section if it
94	is protected by the First Amendment to the United States
95	Constitution or s. 4, Art. I of the State Constitution.
96	(4)  For purposes of this section, "maliciously" means
97	wrongfully, intentionally, and without legal justification or
98	excuse. Maliciousness may be established by circumstances from
99	which one could conclude that a reasonable parent would not have
100	engaged in the damaging acts toward the child for any valid
101	reason and that the primary purpose of the acts was to cause the
102	victim unjustifiable pain or injury.
103	Section 2.  Paragraph (d) of subsection (1) of section
104	775.084, Florida Statutes, is amended to read:
105	775.084  Violent career criminals; habitual felony
106	offenders and habitual violent felony offenders; three-time
107	violent felony offenders; definitions; procedure; enhanced
108	penalties or mandatory minimum prison terms.-
109	(1)  As used in this act:
110	(d)  "Violent career criminal" means a defendant for whom
111	the court must impose imprisonment pursuant to paragraph (4)(d),
112	if it finds that:
113	1.  The defendant has previously been convicted as an adult
114	three or more times for an offense in this state or other
115	qualified offense that is:
116	a.  Any forcible felony, as described in s. 776.08;
117	b.  Aggravated stalking, as described in s. 784.048(3) and
118	(4);
119	c.  Aggravated child abuse, as described in s.
120	827.03(2)(a);
121	d.  Aggravated abuse of an elderly person or disabled
122	adult, as described in s. 825.102(2);
123	e.  Lewd or lascivious battery, lewd or lascivious
124	molestation, lewd or lascivious conduct, or lewd or lascivious
125	exhibition, as described in s. 800.04 or s. 847.0135(5);
126	f.  Escape, as described in s. 944.40; or
127	g.  A felony violation of chapter 790 involving the use or
128	possession of a firearm.
129	2.  The defendant has been incarcerated in a state prison
130	or a federal prison.
131	3.  The primary felony offense for which the defendant is
132	to be sentenced is a felony enumerated in subparagraph 1. and
133	was committed on or after October 1, 1995, and:
134	a.  While the defendant was serving a prison sentence or
135	other sentence, or court-ordered or lawfully imposed supervision
136	that is imposed as a result of a prior conviction for an
137	enumerated felony; or
138	b.  Within 5 years after the conviction of the last prior
139	enumerated felony, or within 5 years after the defendant's
140	release from a prison sentence, probation, community control,
141	control release, conditional release, parole, or court-ordered
142	or lawfully imposed supervision or other sentence that is
143	imposed as a result of a prior conviction for an enumerated
144	felony, whichever is later.
145	4.  The defendant has not received a pardon for any felony
146	or other qualified offense that is necessary for the operation
147	of this paragraph.
148	5.  A conviction of a felony or other qualified offense
149	necessary to the operation of this paragraph has not been set
150	aside in any postconviction proceeding.
151	Section 3.  Subsection (1) of section 775.0877, Florida
152	Statutes, is amended to read:
153	775.0877  Criminal transmission of HIV; procedures;
154	penalties.-
155	(1)  In any case in which a person has been convicted of or
156	has pled nolo contendere or guilty to, regardless of whether
157	adjudication is withheld, any of the following offenses, or the
158	attempt thereof, which offense or attempted offense involves the
159	transmission of body fluids from one person to another:
160	(a)  Section 794.011, relating to sexual battery;,
161	(b)  Section 826.04, relating to incest;,
162	(c)  Section 800.04(1), (2), and (3), relating to lewd,
163	lascivious, or indecent assault or act upon any person less than
164	16 years of age;,
165	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
166	relating to assault;,
167	(e)  Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
168	relating to aggravated assault;,
169	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
170	relating to battery;,
171	(g)  Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
172	relating to aggravated battery;,
173	(h)  Section 827.03(2)(c)(1), relating to child abuse;,
174	(i)  Section 827.03(2)(a), relating to aggravated child
175	abuse;,
176	(j)  Section 825.102(1), relating to abuse of an elderly
177	person or disabled adult;,
178	(k)  Section 825.102(2), relating to aggravated abuse of an
179	elderly person or disabled adult;,
180	(l)  Section 827.071, relating to sexual performance by
181	person less than 18 years of age;,
182	(m)  Sections 796.03, 796.07, and 796.08, relating to
183	prostitution;, or
184	(n)  Section 381.0041(11)(b), relating to donation of
185	blood, plasma, organs, skin, or other human tissue,
186
187	the court shall order the offender to undergo HIV testing, to be
188	performed under the direction of the Department of Health in
189	accordance with s. 381.004, unless the offender has undergone
190	HIV testing voluntarily or pursuant to procedures established in
191	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
192	rule providing for HIV testing of criminal offenders or inmates,
193	subsequent to her or his arrest for an offense enumerated in
194	paragraphs (a)-(n) for which she or he was convicted or to which
195	she or he pled nolo contendere or guilty. The results of an HIV
196	test performed on an offender pursuant to this subsection are
197	not admissible in any criminal proceeding arising out of the
198	alleged offense.
199	Section 4.  Subsection (3) of section 782.07, Florida
200	Statutes, is amended to read:
201	782.07  Manslaughter; aggravated manslaughter of an elderly
202	person or disabled adult; aggravated manslaughter of a child;
203	aggravated manslaughter of an officer, a firefighter, an
204	emergency medical technician, or a paramedic.-
205	(3)  A person who causes the death of any person under the
206	age of 18 by culpable negligence under s. 827.03(2)(b)(3)
207	commits aggravated manslaughter of a child, a felony of the
208	first degree, punishable as provided in s. 775.082, s. 775.083,
209	or s. 775.084.
210	Section 5.  Paragraphs (f), (g), and (i) of subsection (3)
211	of section 921.0022, Florida Statutes, are amended to read:
212	921.0022  Criminal Punishment Code; offense severity
213	ranking chart.-
214	(3)  OFFENSE SEVERITY RANKING CHART
215	(f)  LEVEL 6
	FloridaStatute FelonyDegree Description
216
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
217
	499.0051(3) 2nd Knowing forgery of pedigree papers.
218
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
219
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
220
	775.0875(1) 3rd Taking firearm from law enforcement officer.
221
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
222
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
223
	784.041 3rd Felony battery; domestic battery by strangulation.
224
	784.048(3) 3rd Aggravated stalking; credible threat.
225
	784.048(5) 3rd Aggravated stalking of person under 16.
226
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
227
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
228
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
229
	784.081(2) 2nd Aggravated assault on specified official or employee.
230
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
231
	784.083(2) 2nd Aggravated assault on code inspector.
232
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
233
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
234
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
235
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
236
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
237
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
238
	794.05(1) 2nd Unlawful sexual activity with specified minor.
239
	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.
240
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
241
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
242
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
243
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
244
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
245
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
246
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
247
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
248
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
249
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
250
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
251
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
252
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
253
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
254
	827.03(2)(c) (1) 3rd Abuse of a child.
255
	827.03(2)(d) (3)(c) 3rd Neglect of a child.
256
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
257
	836.05 2nd Threats; extortion.
258
	836.10 2nd Written threats to kill or do bodily injury.
259
	843.12 3rd Aids or assists person to escape.
260
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
261
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
262
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
263
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
264
	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.
265
	944.40 2nd Escapes.
266
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
267
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
268
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
269
270	(g)  LEVEL 7
	FloridaStatute FelonyDegree Description
271
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
272
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
273
	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.
274
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
275
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
276
	409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
277
	409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
278
	456.065(2) 3rd Practicing a health care profession without a license.
279
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
280
	458.327(1) 3rd Practicing medicine without a license.
281
	459.013(1) 3rd Practicing osteopathic medicine without a license.
282
	460.411(1) 3rd Practicing chiropractic medicine without a license.
283
	461.012(1) 3rd Practicing podiatric medicine without a license.
284
	462.17 3rd Practicing naturopathy without a license.
285
	463.015(1) 3rd Practicing optometry without a license.
286
	464.016(1) 3rd Practicing nursing without a license.
287
	465.015(2) 3rd Practicing pharmacy without a license.
288
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
289
	467.201 3rd Practicing midwifery without a license.
290
	468.366 3rd Delivering respiratory care services without a license.
291
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
292
	483.901(9) 3rd Practicing medical physics without a license.
293
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
294
	484.053 3rd Dispensing hearing aids without a license.
295
	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.
296
	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.
297
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
298
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
299
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
300
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
301
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
302
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
303
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
304
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
305
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
306
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
307
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
308
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
309
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
310
	784.048(7) 3rd Aggravated stalking; violation of court order.
311
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
312
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
313
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
314
	784.081(1) 1st Aggravated battery on specified official or employee.
315
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
316
	784.083(1) 1st Aggravated battery on code inspector.
317
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
318
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
319
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
320
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
321
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
322
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
323
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
324
	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.
325
	796.03 2nd Procuring any person under 16 years for prostitution.
326
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
327
	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.
328
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
329
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
330
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
331
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
332
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
333
	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.
334
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
335
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
336
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
337
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
338
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
339
	812.131(2)(a) 2nd Robbery by sudden snatching.
340
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
341
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
342
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
343
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
344
	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.
345
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
346
	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.
347
	827.03(2)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
348
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
349
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
350
	838.015 2nd Bribery.
351
	838.016 2nd Unlawful compensation or reward for official behavior.
352
	838.021(3)(a) 2nd Unlawful harm to a public servant.
353
	838.22 2nd Bid tampering.
354
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
355
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
356
	872.06 2nd Abuse of a dead human body.
357
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
358
	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.
359
	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.
360
	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).
361
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
362
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
363
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
364
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
365
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
366
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
367
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
368
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
369
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
370
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
371
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
372
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
373
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
374
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
375
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
376
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
377
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
378
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
379
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
380
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
381
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
382
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
383
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
384
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
385
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
386
387	(i)  LEVEL 9
	FloridaStatute FelonyDegree Description
388
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
389
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
390
	409.920(2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
391
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
392
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
393
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
394
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
395
	775.0844 1st Aggravated white collar crime.
396
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
397
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
398
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
399
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
400
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
401
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
402
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
403
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
404
	790.161 1st Attempted capital destructive device offense.
405
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
406
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
407
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
408
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
409
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
410
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
411
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
412
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
413
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
414
	812.135(2)(b) 1st Home-invasion robbery with weapon.
415
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
416
	827.03(2)(a) 1st Aggravated child abuse.
417
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
418
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
419
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
420
	893.135 1st Attempted capital trafficking offense.
421
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
422
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
423
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
424
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
425
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
426
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
427
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
428
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
429
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
430
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
431
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
432
433	Section 6.  Subsection (1) of section 948.062, Florida
434	Statutes, is amended to read:
435	948.062  Reviewing and reporting serious offenses committed
436	by offenders placed on probation or community control.-
437	(1)  The department shall review the circumstances related
438	to an offender placed on probation or community control who has
439	been arrested while on supervision for the following offenses:
440	(a)  Any murder as provided in s. 782.04;
441	(b)  Any sexual battery as provided in s. 794.011 or s.
442	794.023;
443	(c)  Any sexual performance by a child as provided in s.
444	827.071;
445	(d)  Any kidnapping, false imprisonment, or luring of a
446	child as provided in s. 787.01, s. 787.02, or s. 787.025;
447	(e)  Any lewd and lascivious battery or lewd and lascivious
448	molestation as provided in s. 800.04(4) or (5);
449	(f)  Any aggravated child abuse as provided in s.
450	827.03(2)(a);
451	(g)  Any robbery with a firearm or other deadly weapon,
452	home invasion robbery, or carjacking as provided in s.
453	812.13(2)(a), s. 812.135, or s. 812.133;
454	(h)  Any aggravated stalking as provided in s. 784.048(3),
455	(4), or (5);
456	(i)  Any forcible felony as provided in s. 776.08,
457	committed by any person on probation or community control who is
458	designated as a sexual predator; or
459	(j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
460	or vehicular or vessel homicide as provided in s. 782.071 or s.
461	782.072, committed by any person who is on probation or
462	community control for an offense involving death or injury
463	resulting from a driving incident.
464	Section 7.  Paragraph (a) of subsection (3) of section
465	960.03, Florida Statutes, is amended to read:
466	960.03  Definitions; ss. 960.01-960.28.-As used in ss.
467	960.01-960.28, unless the context otherwise requires, the term:
468	(3)  "Crime" means:
469	(a)  A felony or misdemeanor offense committed by either an
470	adult or a juvenile which results in physical injury or death,
471	including a felony or misdemeanor offense committed by an adult
472	or a juvenile which results in psychiatric or psychological
473	injury to a person younger than 18 years of age who was not
474	physically injured by the criminal act. The term also includes
475	any such criminal act that which is committed within this state
476	but that which falls exclusively within federal jurisdiction.
477	Section 8.  This act shall take effect July 1, 2010.

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