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.