Florida Senate - 2011 CS for SB 1088
By the Committee on Children, Families, and Elder Affairs; and
Senators Altman and Detert
586-02860-11 20111088c1
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 amending ss. 775.084, 775.0877, 782.07, 921.0022, and
8 948.062, F.S.; conforming cross-references; amending
9 s. 960.03, F.S.; redefining the term “crime” for
10 purposes of crime victims compensation to include
11 additional forms of injury; redefining the term
12 “victim” to conform with the modified definition of
13 the term “crime”; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 827.03, Florida Statutes, is amended to
18 read:
19 827.03 Abuse, aggravated abuse, and neglect of a child;
20 penalties.—
21 (1) DEFINITIONS.—For purposes of this section:
22 (a) “Aggravated child abuse” occurs when a person:
23 1. Commits aggravated battery on a child;
24 2. Willfully tortures, maliciously punishes, or willfully
25 and unlawfully cages a child; or
26 3. Knowingly or willfully abuses a child and in so doing
27 causes great bodily harm, permanent disability, or permanent
28 disfigurement to the child.
29 (b) “Child abuse” means:
30 1.(a) Intentional infliction of physical or mental injury
31 upon a child;
32 2.(b) An intentional act that could reasonably be expected
33 to result in physical or mental injury to a child; or
34 3.(c) Active encouragement of any person to commit an act
35 that results or could reasonably be expected to result in
36 physical or mental injury to a child.
37
38 A person who knowingly or willfully abuses a child without
39 causing great bodily harm, permanent disability, or permanent
40 disfigurement to the child commits a felony of the third degree,
41 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
42 (2) “Aggravated child abuse” occurs when a person:
43 (a) Commits aggravated battery on a child;
44 (b) Willfully tortures, maliciously punishes, or willfully
45 and unlawfully cages a child; or
46 (c) Knowingly or willfully abuses a child and in so doing
47 causes great bodily harm, permanent disability, or permanent
48 disfigurement to the child.
49
50 A person who commits aggravated child abuse commits a felony of
51 the first degree, punishable as provided in s. 775.082, s.
52 775.083, or s. 775.084.
53 (c) “Maliciously” means wrongfully, intentionally, and
54 without legal justification or excuse. Maliciousness may be
55 established by circumstances from which one could conclude that
56 a reasonable parent would not have engaged in the damaging acts
57 toward the child for any valid reason and that the primary
58 purpose of the acts was to cause the victim unjustifiable pain
59 or injury.
60 (d) “Mental injury” means injury to the intellectual or
61 psychological capacity of a child as evidenced by a discernible
62 and substantial impairment in the ability of the child to
63 function within the normal range of performance and behavior as
64 supported by expert testimony. A person may not give expert
65 testimony regarding mental injury unless that person is a
66 physician licensed under chapter 458 or chapter 459, board
67 certified in psychiatry, or a psychologist licensed under
68 chapter 490, and, during the 3 years immediately preceding the
69 date of the alleged injury, has devoted professional time to the
70 active clinical practice of, or consulting with respect to, a
71 specialty that includes the evaluation, diagnosis, or treatment
72 of the condition that is the subject of the offense. The expert
73 testimony requirements apply only to criminal court cases, not
74 to family court or dependency court cases.
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 (4) For purposes of this section, “maliciously” means
111 wrongfully, intentionally, and without legal justification or
112 excuse. Maliciousness may be established by circumstances from
113 which one could conclude that a reasonable parent would not have
114 engaged in the damaging acts toward the child for any valid
115 reason and that the primary purpose of the acts was to cause the
116 victim unjustifiable pain or injury.
117 Section 2. Paragraph (d) of subsection (1) of section
118 775.084, Florida Statutes, is amended to read:
119 775.084 Violent career criminals; habitual felony offenders
120 and habitual violent felony offenders; three-time violent felony
121 offenders; definitions; procedure; enhanced penalties or
122 mandatory minimum prison terms.—
123 (1) As used in this act:
124 (d) “Violent career criminal” means a defendant for whom
125 the court must impose imprisonment pursuant to paragraph (4)(d),
126 if it finds that:
127 1. The defendant has previously been convicted as an adult
128 three or more times for an offense in this state or other
129 qualified offense that is:
130 a. Any forcible felony, as described in s. 776.08;
131 b. Aggravated stalking, as described in s. 784.048(3) and
132 (4);
133 c. Aggravated child abuse, as described in s. 827.03(2)(a);
134 d. Aggravated abuse of an elderly person or disabled adult,
135 as described in s. 825.102(2);
136 e. Lewd or lascivious battery, lewd or lascivious
137 molestation, lewd or lascivious conduct, or lewd or lascivious
138 exhibition, as described in s. 800.04 or s. 847.0135(5);
139 f. Escape, as described in s. 944.40; or
140 g. A felony violation of chapter 790 involving the use or
141 possession of a firearm.
142 2. The defendant has been incarcerated in a state prison or
143 a federal prison.
144 3. The primary felony offense for which the defendant is to
145 be sentenced is a felony enumerated in subparagraph 1. and was
146 committed on or after October 1, 1995, and:
147 a. While the defendant was serving a prison sentence or
148 other sentence, or court-ordered or lawfully imposed supervision
149 that is imposed as a result of a prior conviction for an
150 enumerated felony; or
151 b. Within 5 years after the conviction of the last prior
152 enumerated felony, or within 5 years after the defendant’s
153 release from a prison sentence, probation, community control,
154 control release, conditional release, parole, or court-ordered
155 or lawfully imposed supervision or other sentence that is
156 imposed as a result of a prior conviction for an enumerated
157 felony, whichever is later.
158 4. The defendant has not received a pardon for any felony
159 or other qualified offense that is necessary for the operation
160 of this paragraph.
161 5. A conviction of a felony or other qualified offense
162 necessary to the operation of this paragraph has not been set
163 aside in any postconviction proceeding.
164 Section 3. Subsection (1) of section 775.0877, Florida
165 Statutes, is amended to read:
166 775.0877 Criminal transmission of HIV; procedures;
167 penalties.—
168 (1) In any case in which a person has been convicted of or
169 has pled nolo contendere or guilty to, regardless of whether
170 adjudication is withheld, any of the following offenses, or the
171 attempt thereof, which offense or attempted offense involves the
172 transmission of body fluids from one person to another:
173 (a) Section 794.011, relating to sexual battery;
174 (b) Section 826.04, relating to incest;
175 (c) Section 800.04, relating to lewd or lascivious offenses
176 committed upon or in the presence of persons less than 16 years
177 of age;
178 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
179 relating to assault;
180 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
181 relating to aggravated assault;
182 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
183 relating to battery;
184 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
185 relating to aggravated battery;
186 (h) Section 827.03(2)(c)(1), relating to child abuse;
187 (i) Section 827.03(2)(a), relating to aggravated child
188 abuse;
189 (j) Section 825.102(1), relating to abuse of an elderly
190 person or disabled adult;
191 (k) Section 825.102(2), relating to aggravated abuse of an
192 elderly person or disabled adult;
193 (l) Section 827.071, relating to sexual performance by
194 person less than 18 years of age;
195 (m) Sections 796.03, 796.07, and 796.08, relating to
196 prostitution; or
197 (n) Section 381.0041(11)(b), relating to donation of blood,
198 plasma, organs, skin, or other human tissue,
199
200 the court shall order the offender to undergo HIV testing, to be
201 performed under the direction of the Department of Health in
202 accordance with s. 381.004, unless the offender has undergone
203 HIV testing voluntarily or pursuant to procedures established in
204 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
205 rule providing for HIV testing of criminal offenders or inmates,
206 subsequent to her or his arrest for an offense enumerated in
207 paragraphs (a)-(n) for which she or he was convicted or to which
208 she or he pled nolo contendere or guilty. The results of an HIV
209 test performed on an offender pursuant to this subsection are
210 not admissible in any criminal proceeding arising out of the
211 alleged offense.
212 Section 4. Subsection (3) of section 782.07, Florida
213 Statutes, is amended to read:
214 782.07 Manslaughter; aggravated manslaughter of an elderly
215 person or disabled adult; aggravated manslaughter of a child;
216 aggravated manslaughter of an officer, a firefighter, an
217 emergency medical technician, or a paramedic.—
218 (3) A person who causes the death of any person under the
219 age of 18 by culpable negligence under s. 827.03(2)(b)(3)
220 commits aggravated manslaughter of a child, a felony of the
221 first degree, punishable as provided in s. 775.082, s. 775.083,
222 or s. 775.084.
223 Section 5. Paragraphs (f), (g), and (i) of subsection (3)
224 of section 921.0022, Florida Statutes, are amended to read:
225 921.0022 Criminal Punishment Code; offense severity ranking
226 chart.—
227 (3) OFFENSE SEVERITY RANKING CHART
228 (f) LEVEL 6
229 FloridaStatute FelonyDegree Description
230 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
231 499.0051(3) 2nd Knowing forgery of pedigree papers.
232 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
233 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
234 775.0875(1) 3rd Taking firearm from law enforcement officer.
235 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
236 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
237 784.041 3rd Felony battery; domestic battery by strangulation.
238 784.048(3) 3rd Aggravated stalking; credible threat.
239 784.048(5) 3rd Aggravated stalking of person under 16.
240 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
241 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
242 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
243 784.081(2) 2nd Aggravated assault on specified official or employee.
244 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
245 784.083(2) 2nd Aggravated assault on code inspector.
246 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
247 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
248 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
249 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
250 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
251 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
252 794.05(1) 2nd Unlawful sexual activity with specified minor.
253 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
254 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
255 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
256 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
257 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
258 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
259 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
260 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
261 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
262 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
263 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
264 825.102(1) 3rd Abuse of an elderly person or disabled adult.
265 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
266 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
267 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
268 827.03(2)(c)(1) 3rd Abuse of a child.
269 827.03(2)(d)(3)(c) 3rd Neglect of a child.
270 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
271 836.05 2nd Threats; extortion.
272 836.10 2nd Written threats to kill or do bodily injury.
273 843.12 3rd Aids or assists person to escape.
274 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
275 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
276 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
277 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
278 944.35(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.
279 944.40 2nd Escapes.
280 944.46 3rd Harboring, concealing, aiding escaped prisoners.
281 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
282 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
283 (g) LEVEL 7
284 FloridaStatute FelonyDegree Description
285 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
286 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
287 316.1935(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.
288 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
289 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
290 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
291 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
292 456.065(2) 3rd Practicing a health care profession without a license.
293 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
294 458.327(1) 3rd Practicing medicine without a license.
295 459.013(1) 3rd Practicing osteopathic medicine without a license.
296 460.411(1) 3rd Practicing chiropractic medicine without a license.
297 461.012(1) 3rd Practicing podiatric medicine without a license.
298 462.17 3rd Practicing naturopathy without a license.
299 463.015(1) 3rd Practicing optometry without a license.
300 464.016(1) 3rd Practicing nursing without a license.
301 465.015(2) 3rd Practicing pharmacy without a license.
302 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
303 467.201 3rd Practicing midwifery without a license.
304 468.366 3rd Delivering respiratory care services without a license.
305 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
306 483.901(9) 3rd Practicing medical physics without a license.
307 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
308 484.053 3rd Dispensing hearing aids without a license.
309 494.0018(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.
310 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
311 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
312 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
313 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
314 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
315 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
316 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
317 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
318 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
319 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
320 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
321 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
322 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
323 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
324 784.048(7) 3rd Aggravated stalking; violation of court order.
325 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
326 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
327 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
328 784.081(1) 1st Aggravated battery on specified official or employee.
329 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
330 784.083(1) 1st Aggravated battery on code inspector.
331 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
332 790.16(1) 1st Discharge of a machine gun under specified circumstances.
333 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
334 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
335 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
336 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
337 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
338 794.08(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.
339 796.03 2nd Procuring any person under 16 years for prostitution.
340 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
341 800.04(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.
342 806.01(2) 2nd Maliciously damage structure by fire or explosive.
343 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
344 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
345 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
346 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
347 812.014(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.
348 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
349 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
350 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
351 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
352 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
353 812.131(2)(a) 2nd Robbery by sudden snatching.
354 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
355 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
356 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
357 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
358 817.2341 (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.
359 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
360 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
361 827.03(2)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
362 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
363 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
364 838.015 2nd Bribery.
365 838.016 2nd Unlawful compensation or reward for official behavior.
366 838.021(3)(a) 2nd Unlawful harm to a public servant.
367 838.22 2nd Bid tampering.
368 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
369 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
370 872.06 2nd Abuse of a dead human body.
371 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
372 893.13(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.
373 893.13(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.
374 893.13(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).
375 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
376 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
377 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
378 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
379 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
380 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
381 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
382 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
383 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
384 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
385 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
386 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
387 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
388 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
389 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
390 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
391 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
392 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
393 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
394 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
395 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
396 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
397 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
398 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
399 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
400 (i) LEVEL 9
401 FloridaStatute FelonyDegree Description
402 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
403 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
404 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
405 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
406 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
407 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
408 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
409 775.0844 1st Aggravated white collar crime.
410 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
411 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
412 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
413 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
414 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
415 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
416 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
417 787.02(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.
418 790.161 1st Attempted capital destructive device offense.
419 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
420 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
421 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
422 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
423 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
424 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
425 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
426 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
427 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
428 812.135(2)(b) 1st Home-invasion robbery with weapon.
429 817.568(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.
430 827.03(2)(a) 1st Aggravated child abuse.
431 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
432 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
433 859.01 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.
434 893.135 1st Attempted capital trafficking offense.
435 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
436 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
437 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
438 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
439 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
440 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
441 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
442 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
443 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
444 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
445 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
446 Section 6. Subsection (1) of section 948.062, Florida
447 Statutes, is amended to read:
448 948.062 Reviewing and reporting serious offenses committed
449 by offenders placed on probation or community control.—
450 (1) The department shall review the circumstances related
451 to an offender placed on probation or community control who has
452 been arrested while on supervision for the following offenses:
453 (a) Any murder as provided in s. 782.04;
454 (b) Any sexual battery as provided in s. 794.011 or s.
455 794.023;
456 (c) Any sexual performance by a child as provided in s.
457 827.071;
458 (d) Any kidnapping, false imprisonment, or luring of a
459 child as provided in s. 787.01, s. 787.02, or s. 787.025;
460 (e) Any lewd and lascivious battery or lewd and lascivious
461 molestation as provided in s. 800.04(4) or (5);
462 (f) Any aggravated child abuse as provided in s.
463 827.03(2)(a);
464 (g) Any robbery with a firearm or other deadly weapon, home
465 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
466 s. 812.135, or s. 812.133;
467 (h) Any aggravated stalking as provided in s. 784.048(3),
468 (4), or (5);
469 (i) Any forcible felony as provided in s. 776.08, committed
470 by any person on probation or community control who is
471 designated as a sexual predator; or
472 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
473 or vehicular or vessel homicide as provided in s. 782.071 or s.
474 782.072, committed by any person who is on probation or
475 community control for an offense involving death or injury
476 resulting from a driving incident.
477 Section 7. Paragraph (a) of subsection (3) and subsection
478 (14) of section 960.03, Florida Statutes, are amended to read:
479 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
480 960.01-960.28, unless the context otherwise requires, the term:
481 (3) “Crime” means:
482 (a) A felony or misdemeanor offense committed by either an
483 adult or a juvenile which results in physical injury or death,
484 including a felony or misdemeanor offense committed by either an
485 adult or a juvenile which results in psychiatric or
486 psychological injury to a person less than 18 years of age who
487 was not physically injured by the criminal act. The term also
488 includes any such criminal act which is committed within this
489 state but which falls exclusively within federal jurisdiction.
490 (14) “Victim” means:
491 (a) A person who suffers personal physical injury or death
492 as a direct result of a crime;
493 (b) A person younger than 18 years of age who was present
494 at the scene of a crime, saw or heard the crime, and suffered a
495 psychiatric or psychological injury because of the crime, but
496 who was not physically injured; or
497 (c) A person less than 18 years of age who was the victim
498 of a felony or misdemeanor offense which resulted in a
499 psychiatric or psychological injury, but who was not physically
500 injured; or
501 (d)(c) A person against whom a forcible felony was
502 committed and who suffers a psychiatric or psychological injury
503 as a direct result of that crime but who does not otherwise
504 sustain a personal physical injury or death.
505 Section 8. This act shall take effect July 1, 2011.