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.