Florida Senate - 2011                                    SB 1088
       
       
       
       By Senator Altman
       
       
       
       
       24-00927-11                                           20111088__
    1                        A bill to be entitled                      
    2         An act relating to criminal conduct; amending s.
    3         827.03, F.S.; defining the term “mental injury” with
    4         respect to the offenses of abuse, aggravated abuse,
    5         and neglect of a child; requiring that a person acting
    6         as an expert witness have certain credentials;
    7         providing affirmative defenses to the offenses of
    8         child abuse, aggravated child abuse, and neglect;
    9         amending ss. 775.084, 775.0877, 782.07, 921.0022, and
   10         948.062, F.S.; conforming cross-references; amending
   11         s. 960.03, F.S.; redefining the term “crime” for
   12         purposes of crime victims compensation to include
   13         additional forms of injury; redefining the term
   14         “victim” to conform with the modified definition of
   15         the term “crime”; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 827.03, Florida Statutes, is amended to
   20  read:
   21         827.03 Abuse, aggravated abuse, and neglect of a child;
   22  penalties.—
   23         (1) DEFINITIONS.—For purposes of this section:
   24         (a) “Aggravated child abuse” occurs when a person:
   25         1. Commits aggravated battery on a child;
   26         2. Willfully tortures, maliciously punishes, or willfully
   27  and unlawfully cages a child; or
   28         3. Knowingly or willfully abuses a child and in so doing
   29  causes great bodily harm, permanent disability, or permanent
   30  disfigurement to the child.
   31         (b) “Child abuse” means:
   32         1.(a) Intentional infliction of physical or mental injury
   33  upon a child;
   34         2.(b) An intentional act that could reasonably be expected
   35  to result in physical or mental injury to a child; or
   36         3.(c) Active encouragement of any person to commit an act
   37  that results or could reasonably be expected to result in
   38  physical or mental injury to a child.
   39  
   40  A person who knowingly or willfully abuses a child without
   41  causing great bodily harm, permanent disability, or permanent
   42  disfigurement to the child commits a felony of the third degree,
   43  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   44         (2) “Aggravated child abuse” occurs when a person:
   45         (a) Commits aggravated battery on a child;
   46         (b) Willfully tortures, maliciously punishes, or willfully
   47  and unlawfully cages a child; or
   48         (c) Knowingly or willfully abuses a child and in so doing
   49  causes great bodily harm, permanent disability, or permanent
   50  disfigurement to the child.
   51  
   52  A person who commits aggravated child abuse commits a felony of
   53  the first degree, punishable as provided in s. 775.082, s.
   54  775.083, or s. 775.084.
   55         (c) “Maliciously” means wrongfully, intentionally, and
   56  without legal justification or excuse. Maliciousness may be
   57  established by circumstances from which one could conclude that
   58  a reasonable parent would not have engaged in the damaging acts
   59  toward the child for any valid reason and that the primary
   60  purpose of the acts was to cause the victim unjustifiable pain
   61  or injury.
   62         (d) “Mental injury” shall mean multiple instances of injury
   63  caused by the same abuser to the intellectual or psychological
   64  capacity of a child as evidenced by a discernible and
   65  substantial impairment in the ability of the child to function
   66  within the normal range of performance and behavior as supported
   67  by expert testimony. A person may not give expert testimony
   68  regarding mental injury unless that person is a physician
   69  licensed under chapter 458 or chapter 459 who is board certified
   70  in psychiatry and has devoted professional time during the 3
   71  years immediately preceding the date of the occurrence to the
   72  active clinical practice of, or consulting with respect to, a
   73  specialty that includes the evaluation, diagnosis, or treatment
   74  of the condition that is the subject of the offense.
   75         (e)(3)(a) “Neglect of a child” means:
   76         1. A caregiver’s failure or omission to provide a child
   77  with the care, supervision, and services necessary to maintain
   78  the child’s physical and mental health, including, but not
   79  limited to, food, nutrition, clothing, shelter, supervision,
   80  medicine, and medical services that a prudent person would
   81  consider essential for the well-being of the child; or
   82         2. A caregiver’s failure to make a reasonable effort to
   83  protect a child from abuse, neglect, or exploitation by another
   84  person.
   85  
   86  Except as otherwise provided in this section, neglect of a child
   87  may be based on repeated conduct or on a single incident or
   88  omission that results in, or could reasonably be expected to
   89  result in, serious physical or mental injury, or a substantial
   90  risk of death, to a child.
   91         (2) OFFENSES.—
   92         (a) A person who commits aggravated child abuse commits a
   93  felony of the first degree, punishable as provided in s.
   94  775.082, s. 775.083, or s. 775.084.
   95         (b) A person who willfully or by culpable negligence
   96  neglects a child and in so doing causes great bodily harm,
   97  permanent disability, or permanent disfigurement to the child
   98  commits a felony of the second degree, punishable as provided in
   99  s. 775.082, s. 775.083, or s. 775.084.
  100         (c) A person who knowingly or willfully abuses a child
  101  without causing great bodily harm, permanent disability, or
  102  permanent disfigurement to the child commits a felony of the
  103  third degree, punishable as provided in s. 775.082, s. 775.083,
  104  or s. 775.084.
  105         (d)(c) A person who willfully or by culpable negligence
  106  neglects a child without causing great bodily harm, permanent
  107  disability, or permanent disfigurement to the child commits a
  108  felony of the third degree, punishable as provided in s.
  109  775.082, s. 775.083, or s. 775.084.
  110         (3) AFFIRMATIVE DEFENSES.—
  111         (a) If the offense charged under this section is based
  112  solely on oral statements of the defendant, it shall be an
  113  affirmative defense to prosecution of that offense that the
  114  conduct giving rise to the offense was solely speech protected
  115  by the First Amendment to the United States Constitution. This
  116  affirmative defense shall not apply to speech that was directed
  117  to inciting or producing imminent lawless action and that was
  118  likely to incite or produce such action.
  119         (b) If the offense charged under this section is based
  120  solely on a claim of mental injury because of a caregiver’s
  121  failure to make a reasonable effort to protect a child from an
  122  abuser other than the defendant, it shall be an affirmative
  123  defense to a prosecution of that offense that the defendant was
  124  a victim of an act of domestic violence as defined in s. 741.28
  125  or had reasonable cause to believe that he or she was about to
  126  become a victim of an act of domestic violence, and the
  127  defendant had reasonable cause to believe that the action or
  128  failure to act was necessary in order for the defendant to
  129  escape from, or protect himself or herself from, the domestic
  130  violence or to preserve the minor or incompetent person from
  131  exposure to domestic violence. However, this affirmative defense
  132  shall not be available to any person in relation to instances of
  133  child abuse arising after the defense has been previously
  134  asserted with respect to the same abuser.
  135         (4) For purposes of this section, “maliciously” means
  136  wrongfully, intentionally, and without legal justification or
  137  excuse. Maliciousness may be established by circumstances from
  138  which one could conclude that a reasonable parent would not have
  139  engaged in the damaging acts toward the child for any valid
  140  reason and that the primary purpose of the acts was to cause the
  141  victim unjustifiable pain or injury.
  142         Section 2. Paragraph (d) of subsection (1) of section
  143  775.084, Florida Statutes, is amended to read:
  144         775.084 Violent career criminals; habitual felony offenders
  145  and habitual violent felony offenders; three-time violent felony
  146  offenders; definitions; procedure; enhanced penalties or
  147  mandatory minimum prison terms.—
  148         (1) As used in this act:
  149         (d) “Violent career criminal” means a defendant for whom
  150  the court must impose imprisonment pursuant to paragraph (4)(d),
  151  if it finds that:
  152         1. The defendant has previously been convicted as an adult
  153  three or more times for an offense in this state or other
  154  qualified offense that is:
  155         a. Any forcible felony, as described in s. 776.08;
  156         b. Aggravated stalking, as described in s. 784.048(3) and
  157  (4);
  158         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  159         d. Aggravated abuse of an elderly person or disabled adult,
  160  as described in s. 825.102(2);
  161         e. Lewd or lascivious battery, lewd or lascivious
  162  molestation, lewd or lascivious conduct, or lewd or lascivious
  163  exhibition, as described in s. 800.04 or s. 847.0135(5);
  164         f. Escape, as described in s. 944.40; or
  165         g. A felony violation of chapter 790 involving the use or
  166  possession of a firearm.
  167         2. The defendant has been incarcerated in a state prison or
  168  a federal prison.
  169         3. The primary felony offense for which the defendant is to
  170  be sentenced is a felony enumerated in subparagraph 1. and was
  171  committed on or after October 1, 1995, and:
  172         a. While the defendant was serving a prison sentence or
  173  other sentence, or court-ordered or lawfully imposed supervision
  174  that is imposed as a result of a prior conviction for an
  175  enumerated felony; or
  176         b. Within 5 years after the conviction of the last prior
  177  enumerated felony, or within 5 years after the defendant’s
  178  release from a prison sentence, probation, community control,
  179  control release, conditional release, parole, or court-ordered
  180  or lawfully imposed supervision or other sentence that is
  181  imposed as a result of a prior conviction for an enumerated
  182  felony, whichever is later.
  183         4. The defendant has not received a pardon for any felony
  184  or other qualified offense that is necessary for the operation
  185  of this paragraph.
  186         5. A conviction of a felony or other qualified offense
  187  necessary to the operation of this paragraph has not been set
  188  aside in any postconviction proceeding.
  189         Section 3. Paragraphs (h) and (i) of subsection (1) of
  190  section 775.0877, Florida Statutes, are amended to read:
  191         775.0877 Criminal transmission of HIV; procedures;
  192  penalties.—
  193         (1) In any case in which a person has been convicted of or
  194  has pled nolo contendere or guilty to, regardless of whether
  195  adjudication is withheld, any of the following offenses, or the
  196  attempt thereof, which offense or attempted offense involves the
  197  transmission of body fluids from one person to another:
  198         (h) Section 827.03(2)(c)(1), relating to child abuse;
  199         (i) Section 827.03(2)(a), relating to aggravated child
  200  abuse;
  201  
  202  the court shall order the offender to undergo HIV testing, to be
  203  performed under the direction of the Department of Health in
  204  accordance with s. 381.004, unless the offender has undergone
  205  HIV testing voluntarily or pursuant to procedures established in
  206  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  207  rule providing for HIV testing of criminal offenders or inmates,
  208  subsequent to her or his arrest for an offense enumerated in
  209  paragraphs (a)-(n) for which she or he was convicted or to which
  210  she or he pled nolo contendere or guilty. The results of an HIV
  211  test performed on an offender pursuant to this subsection are
  212  not admissible in any criminal proceeding arising out of the
  213  alleged offense.
  214         Section 4. Subsection (3) of section 782.07, Florida
  215  Statutes, is amended to read:
  216         782.07 Manslaughter; aggravated manslaughter of an elderly
  217  person or disabled adult; aggravated manslaughter of a child;
  218  aggravated manslaughter of an officer, a firefighter, an
  219  emergency medical technician, or a paramedic.—
  220         (3) A person who causes the death of any person under the
  221  age of 18 by culpable negligence under s. 827.03(2)(b)(3)
  222  commits aggravated manslaughter of a child, a felony of the
  223  first degree, punishable as provided in s. 775.082, s. 775.083,
  224  or s. 775.084.
  225         Section 5. Paragraphs (f), (g), and (i) of subsection (3)
  226  of section 921.0022, Florida Statutes, are amended to read:
  227         921.0022 Criminal Punishment Code; offense severity ranking
  228  chart.—
  229         (3) OFFENSE SEVERITY RANKING CHART
  230         (f) LEVEL 6
  231  FloridaStatute   FelonyDegree                Description                 
  232  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
  233  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
  234  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  235  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  236  775.0875(1)        3rd   Taking firearm from law enforcement officer.
  237  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
  238  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
  239  784.041            3rd   Felony battery; domestic battery by strangulation.
  240  784.048(3)         3rd   Aggravated stalking; credible threat.       
  241  784.048(5)         3rd   Aggravated stalking of person under 16.     
  242  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
  243  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
  244  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
  245  784.081(2)         2nd   Aggravated assault on specified official or employee.
  246  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
  247  784.083(2)         2nd   Aggravated assault on code inspector.       
  248  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  249  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
  250  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  251  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  252  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  253  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  254  794.05(1)          2nd   Unlawful sexual activity with specified minor.
  255  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.
  256  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  257  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
  258  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
  259  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  260  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  261  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  262  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  263  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  264  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
  265  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  266  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  267  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  268  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  269  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  270  827.03(2)(c)(1)    3rd   Abuse of a child.                           
  271  827.03(2)(d)(3)(c)  3rd   Neglect of a child.                         
  272  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  273  836.05             2nd   Threats; extortion.                         
  274  836.10             2nd   Written threats to kill or do bodily injury.
  275  843.12             3rd   Aids or assists person to escape.           
  276  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  277  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  278  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  279  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  280  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.
  281  944.40             2nd   Escapes.                                    
  282  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  283  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  284  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  285         (g) LEVEL 7
  286  FloridaStatute   FelonyDegree                Description                
  287  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  288  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  289  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.
  290  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  291  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  292  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  293  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  294  456.065(2)          3rd   Practicing a health care profession without a license.
  295  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  296  458.327(1)          3rd   Practicing medicine without a license.     
  297  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  298  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  299  461.012(1)          3rd   Practicing podiatric medicine without a license.
  300  462.17              3rd   Practicing naturopathy without a license.  
  301  463.015(1)          3rd   Practicing optometry without a license.    
  302  464.016(1)          3rd   Practicing nursing without a license.      
  303  465.015(2)          3rd   Practicing pharmacy without a license.     
  304  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  305  467.201             3rd   Practicing midwifery without a license.    
  306  468.366             3rd   Delivering respiratory care services without a license.
  307  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  308  483.901(9)          3rd   Practicing medical physics without a license.
  309  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  310  484.053             3rd   Dispensing hearing aids without a license. 
  311  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.
  312  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.
  313  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  314  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  315  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  316  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  317  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  318  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  319  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  320  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  321  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  322  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  323  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  324  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  325  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  326  784.048(7)          3rd   Aggravated stalking; violation of court order.
  327  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  328  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  329  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  330  784.081(1)          1st   Aggravated battery on specified official or employee.
  331  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  332  784.083(1)          1st   Aggravated battery on code inspector.      
  333  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  334  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  335  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  336  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  337  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  338  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  339  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  340  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.
  341  796.03              2nd   Procuring any person under 16 years for prostitution.
  342  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  343  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.
  344  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  345  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  346  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  347  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  348  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  349  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.
  350  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  351  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  352  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  353  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  354  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  355  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  356  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  357  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  358  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  359  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  360  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.
  361  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  362  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.
  363  827.03(2)(3)(b)     2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  364  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  365  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  366  838.015             2nd   Bribery.                                   
  367  838.016             2nd   Unlawful compensation or reward for official behavior.
  368  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  369  838.22              2nd   Bid tampering.                             
  370  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  371  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  372  872.06              2nd   Abuse of a dead human body.                
  373  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  374  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.
  375  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.
  376  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).
  377  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  378  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  379  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  380  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  381  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  382  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  383  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  384  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  385  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  386  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  387  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  388  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  389  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  390  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  391  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  392  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  393  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  394  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  395  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  396  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  397  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  398  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  399  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  400  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  401  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  402         (i) LEVEL 9
  403  FloridaStatute    FelonyDegree               Description                
  404  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  405  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  406  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  407  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  408  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  409  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  410  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  411  775.0844             1st   Aggravated white collar crime.            
  412  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  413  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  414  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  415  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  416  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  417  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  418  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  419  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.
  420  790.161              1st   Attempted capital destructive device offense.
  421  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  422  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  423  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  424  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  425  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  426  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  427  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  428  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  429  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  430  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  431  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.
  432  827.03(2)(a)         1st   Aggravated child abuse.                   
  433  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  434  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  435  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.
  436  893.135              1st   Attempted capital trafficking offense.    
  437  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  438  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  439  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  440  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  441  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  442  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  443  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  444  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  445  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  446  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  447  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  448         Section 6. Paragraph (f) of subsection (1) of section
  449  948.062, Florida Statutes, is amended to read:
  450         948.062 Reviewing and reporting serious offenses committed
  451  by offenders placed on probation or community control.—
  452         (1) The department shall review the circumstances related
  453  to an offender placed on probation or community control who has
  454  been arrested while on supervision for the following offenses:
  455         (f) Any aggravated child abuse as provided in s.
  456  827.03(2)(a);
  457         Section 7. Paragraph (a) of subsection (3) and subsection
  458  (14) of section 960.03, Florida Statutes, are amended to read:
  459         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  460  960.01-960.28, unless the context otherwise requires, the term:
  461         (3) “Crime” means:
  462         (a) A felony or misdemeanor offense committed by either an
  463  adult or a juvenile which results in physical injury or death,
  464  including a felony or misdemeanor offense committed by either an
  465  adult or a juvenile which results in psychiatric or
  466  psychological injury to a person less than 18 years of age who
  467  was not physically injured by the criminal act. The term also
  468  includes any such criminal act which is committed within this
  469  state but which falls exclusively within federal jurisdiction.
  470         (14) “Victim” means:
  471         (a) A person who suffers personal physical injury or death
  472  as a direct result of a crime;
  473         (b) Except as otherwise set forth in paragraph (3)(a)
  474  concerning injuries to minors, a person younger than 18 years of
  475  age who was present at the scene of a crime, saw or heard the
  476  crime, and suffered a psychiatric or psychological injury
  477  because of the crime, but who was not physically injured; or
  478         (c) A person against whom a forcible felony was committed
  479  and who suffers a psychiatric or psychological injury as a
  480  direct result of that crime but who does not otherwise sustain a
  481  personal physical injury or death.
  482         Section 8. This act shall take effect July 1, 2011.