Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1172
Barcode 661700
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2012 .
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The Committee on Criminal Justice (Hays) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 827.03, Florida Statutes, is amended to
6 read:
7 827.03 Abuse, aggravated abuse, and neglect of a child;
8 penalties.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (a) “Aggravated child abuse” occurs when a person:
11 1. Commits aggravated battery on a child;
12 2. Willfully tortures, maliciously punishes, or willfully
13 and unlawfully cages a child; or
14 3. Knowingly or willfully abuses a child and in so doing
15 causes great bodily harm, permanent disability, or permanent
16 disfigurement to the child.
17 (b) “Child abuse” means:
18 1.(a) Intentional infliction of physical or mental injury
19 upon a child;
20 2.(b) An intentional act that could reasonably be expected
21 to result in physical or mental injury to a child; or
22 3.(c) Active encouragement of any person to commit an act
23 that results or could reasonably be expected to result in
24 physical or mental injury to a child.
25
26 A person who knowingly or willfully abuses a child without
27 causing great bodily harm, permanent disability, or permanent
28 disfigurement to the child commits a felony of the third degree,
29 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
30 (2) “Aggravated child abuse” occurs when a person:
31 (a) Commits aggravated battery on a child;
32 (b) Willfully tortures, maliciously punishes, or willfully
33 and unlawfully cages a child; or
34 (c) Knowingly or willfully abuses a child and in so doing
35 causes great bodily harm, permanent disability, or permanent
36 disfigurement to the child.
37
38 A person who commits aggravated child abuse commits a felony of
39 the first degree, punishable as provided in s. 775.082, s.
40 775.083, or s. 775.084.
41 (c) “Maliciously” means wrongfully, intentionally, and
42 without legal justification or excuse. Maliciousness may be
43 established by circumstances from which one could conclude that
44 a reasonable parent would not have engaged in the damaging acts
45 toward the child for any valid reason and that the primary
46 purpose of the acts was to cause the victim unjustifiable pain
47 or injury.
48 (d) “Mental injury” means injury to the intellectual or
49 psychological capacity of a child as evidenced by a discernible
50 and substantial impairment in the ability of the child to
51 function within the normal range of performance and behavior as
52 supported by expert testimony.
53 (e)(3)(a) “Neglect of a child” means:
54 1. A caregiver’s failure or omission to provide a child
55 with the care, supervision, and services necessary to maintain
56 the child’s physical and mental health, including, but not
57 limited to, food, nutrition, clothing, shelter, supervision,
58 medicine, and medical services that a prudent person would
59 consider essential for the well-being of the child; or
60 2. A caregiver’s failure to make a reasonable effort to
61 protect a child from abuse, neglect, or exploitation by another
62 person.
63
64 Except as otherwise provided in this section, neglect of a child
65 may be based on repeated conduct or on a single incident or
66 omission that results in, or could reasonably be expected to
67 result in, serious physical or mental injury, or a substantial
68 risk of death, to a child.
69 (2) OFFENSES.—
70 (a) A person who commits aggravated child abuse commits a
71 felony of the first degree, punishable as provided in s.
72 775.082, s. 775.083, or s. 775.084.
73 (b) A person who willfully or by culpable negligence
74 neglects a child and in so doing causes great bodily harm,
75 permanent disability, or permanent disfigurement to the child
76 commits a felony of the second degree, punishable as provided in
77 s. 775.082, s. 775.083, or s. 775.084.
78 (c) A person who knowingly or willfully abuses a child
79 without causing great bodily harm, permanent disability, or
80 permanent disfigurement to the child commits a felony of the
81 third degree, punishable as provided in s. 775.082, s. 775.083,
82 or s. 775.084.
83 (d)(c) A person who willfully or by culpable negligence
84 neglects a child without causing great bodily harm, permanent
85 disability, or permanent disfigurement to the child commits a
86 felony of the third degree, punishable as provided in s.
87 775.082, s. 775.083, or s. 775.084.
88 (3) EXPERT TESTIMONY.—
89 (a) Except as provided in paragraph (b), a physician may
90 not provide expert testimony in a criminal child abuse case
91 unless the physician is a physician licensed under chapter 458
92 or chapter 459 or has obtained certification as an expert
93 witness pursuant to s. 458.3175.
94 (b) A physician may not provide expert testimony in a
95 criminal child abuse case regarding mental injury unless the
96 physician is a physician licensed under chapter 458 or chapter
97 459 who is board certified in psychiatry or has obtained
98 certification as an expert witness pursuant to s. 458.3175.
99 (c) A psychologist may not give expert testimony in a
100 criminal child abuse case regarding mental injury unless the
101 psychologist is licensed under chapter 490.
102 (d) The expert testimony requirements of this subsection
103 apply only to criminal child abuse cases and not to family court
104 or dependency court cases.
105 (4) For purposes of this section, “maliciously” means
106 wrongfully, intentionally, and without legal justification or
107 excuse. Maliciousness may be established by circumstances from
108 which one could conclude that a reasonable parent would not have
109 engaged in the damaging acts toward the child for any valid
110 reason and that the primary purpose of the acts was to cause the
111 victim unjustifiable pain or injury.
112 Section 2. Paragraph (d) of subsection (1) of section
113 775.084, Florida Statutes, is amended to read:
114 775.084 Violent career criminals; habitual felony offenders
115 and habitual violent felony offenders; three-time violent felony
116 offenders; definitions; procedure; enhanced penalties or
117 mandatory minimum prison terms.—
118 (1) As used in this act:
119 (d) “Violent career criminal” means a defendant for whom
120 the court must impose imprisonment pursuant to paragraph (4)(d),
121 if it finds that:
122 1. The defendant has previously been convicted as an adult
123 three or more times for an offense in this state or other
124 qualified offense that is:
125 a. Any forcible felony, as described in s. 776.08;
126 b. Aggravated stalking, as described in s. 784.048(3) and
127 (4);
128 c. Aggravated child abuse, as described in s. 827.03(2)(a);
129 d. Aggravated abuse of an elderly person or disabled adult,
130 as described in s. 825.102(2);
131 e. Lewd or lascivious battery, lewd or lascivious
132 molestation, lewd or lascivious conduct, or lewd or lascivious
133 exhibition, as described in s. 800.04 or s. 847.0135(5);
134 f. Escape, as described in s. 944.40; or
135 g. A felony violation of chapter 790 involving the use or
136 possession of a firearm.
137 2. The defendant has been incarcerated in a state prison or
138 a federal prison.
139 3. The primary felony offense for which the defendant is to
140 be sentenced is a felony enumerated in subparagraph 1. and was
141 committed on or after October 1, 1995, and:
142 a. While the defendant was serving a prison sentence or
143 other sentence, or court-ordered or lawfully imposed supervision
144 that is imposed as a result of a prior conviction for an
145 enumerated felony; or
146 b. Within 5 years after the conviction of the last prior
147 enumerated felony, or within 5 years after the defendant’s
148 release from a prison sentence, probation, community control,
149 control release, conditional release, parole, or court-ordered
150 or lawfully imposed supervision or other sentence that is
151 imposed as a result of a prior conviction for an enumerated
152 felony, whichever is later.
153 4. The defendant has not received a pardon for any felony
154 or other qualified offense that is necessary for the operation
155 of this paragraph.
156 5. A conviction of a felony or other qualified offense
157 necessary to the operation of this paragraph has not been set
158 aside in any postconviction proceeding.
159 Section 3. Subsection (1) of section 775.0877, Florida
160 Statutes, is amended to read:
161 775.0877 Criminal transmission of HIV; procedures;
162 penalties.—
163 (1) In any case in which a person has been convicted of or
164 has pled nolo contendere or guilty to, regardless of whether
165 adjudication is withheld, any of the following offenses, or the
166 attempt thereof, which offense or attempted offense involves the
167 transmission of body fluids from one person to another:
168 (a) Section 794.011, relating to sexual battery;
169 (b) Section 826.04, relating to incest;
170 (c) Section 800.04, relating to lewd or lascivious offenses
171 committed upon or in the presence of persons less than 16 years
172 of age;
173 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
174 relating to assault;
175 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
176 relating to aggravated assault;
177 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
178 relating to battery;
179 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
180 relating to aggravated battery;
181 (h) Section 827.03(2)(c)(1), relating to child abuse;
182 (i) Section 827.03(2)(a), relating to aggravated child
183 abuse;
184 (j) Section 825.102(1), relating to abuse of an elderly
185 person or disabled adult;
186 (k) Section 825.102(2), relating to aggravated abuse of an
187 elderly person or disabled adult;
188 (l) Section 827.071, relating to sexual performance by
189 person less than 18 years of age;
190 (m) Sections 796.03, 796.07, and 796.08, relating to
191 prostitution; or
192 (n) Section 381.0041(11)(b), relating to donation of blood,
193 plasma, organs, skin, or other human tissue,
194
195 the court shall order the offender to undergo HIV testing, to be
196 performed under the direction of the Department of Health in
197 accordance with s. 381.004, unless the offender has undergone
198 HIV testing voluntarily or pursuant to procedures established in
199 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
200 rule providing for HIV testing of criminal offenders or inmates,
201 subsequent to her or his arrest for an offense enumerated in
202 paragraphs (a)-(n) for which she or he was convicted or to which
203 she or he pled nolo contendere or guilty. The results of an HIV
204 test performed on an offender pursuant to this subsection are
205 not admissible in any criminal proceeding arising out of the
206 alleged offense.
207 Section 4. Subsection (3) of section 782.07, Florida
208 Statutes, is amended to read:
209 782.07 Manslaughter; aggravated manslaughter of an elderly
210 person or disabled adult; aggravated manslaughter of a child;
211 aggravated manslaughter of an officer, a firefighter, an
212 emergency medical technician, or a paramedic.—
213 (3) A person who causes the death of any person under the
214 age of 18 by culpable negligence under s. 827.03(2)(b)(3)
215 commits aggravated manslaughter of a child, a felony of the
216 first degree, punishable as provided in s. 775.082, s. 775.083,
217 or s. 775.084.
218 Section 5. Paragraphs (f), (g), and (i) of subsection (3)
219 of section 921.0022, Florida Statutes, are amended to read:
220 921.0022 Criminal Punishment Code; offense severity ranking
221 chart.—
222 (3) OFFENSE SEVERITY RANKING CHART
223 (f) LEVEL 6
224 FloridaStatute FelonyDegree Description
225 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
226 499.0051(3) 2nd Knowing forgery of pedigree papers.
227 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
228 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
229 775.0875(1) 3rd Taking firearm from law enforcement officer.
230 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
231 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
232 784.041 3rd Felony battery; domestic battery by strangulation.
233 784.048(3) 3rd Aggravated stalking; credible threat.
234 784.048(5) 3rd Aggravated stalking of person under 16.
235 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
236 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
237 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
238 784.081(2) 2nd Aggravated assault on specified official or employee.
239 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
240 784.083(2) 2nd Aggravated assault on code inspector.
241 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
242 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
243 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
244 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
245 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
246 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
247 794.05(1) 2nd Unlawful sexual activity with specified minor.
248 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
249 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
250 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
251 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
252 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
253 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
254 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
255 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
256 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
257 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
258 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
259 825.102(1) 3rd Abuse of an elderly person or disabled adult.
260 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
261 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
262 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
263 827.03(2)(c)827.03(1) 3rd Abuse of a child.
264 827.03(2)(d)827.03(3)(c) 3rd Neglect of a child.
265 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
266 836.05 2nd Threats; extortion.
267 836.10 2nd Written threats to kill or do bodily injury.
268 843.12 3rd Aids or assists person to escape.
269 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
270 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
271 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
272 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
273 944.35(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.
274 944.40 2nd Escapes.
275 944.46 3rd Harboring, concealing, aiding escaped prisoners.
276 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
277 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
278 (g) LEVEL 7
279 FloridaStatute FelonyDegree Description
280 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
281 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
282 316.1935(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.
283 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
284 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
285 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
286 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
287 456.065(2) 3rd Practicing a health care profession without a license.
288 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
289 458.327(1) 3rd Practicing medicine without a license.
290 459.013(1) 3rd Practicing osteopathic medicine without a license.
291 460.411(1) 3rd Practicing chiropractic medicine without a license.
292 461.012(1) 3rd Practicing podiatric medicine without a license.
293 462.17 3rd Practicing naturopathy without a license.
294 463.015(1) 3rd Practicing optometry without a license.
295 464.016(1) 3rd Practicing nursing without a license.
296 465.015(2) 3rd Practicing pharmacy without a license.
297 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
298 467.201 3rd Practicing midwifery without a license.
299 468.366 3rd Delivering respiratory care services without a license.
300 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
301 483.901(9) 3rd Practicing medical physics without a license.
302 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
303 484.053 3rd Dispensing hearing aids without a license.
304 494.0018(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.
305 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
306 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
307 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
308 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
309 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
310 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
311 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
312 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
313 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
314 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
315 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
316 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
317 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
318 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
319 784.048(7) 3rd Aggravated stalking; violation of court order.
320 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
321 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
322 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
323 784.081(1) 1st Aggravated battery on specified official or employee.
324 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
325 784.083(1) 1st Aggravated battery on code inspector.
326 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
327 790.16(1) 1st Discharge of a machine gun under specified circumstances.
328 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
329 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
330 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
331 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
332 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
333 794.08(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.
334 796.03 2nd Procuring any person under 16 years for prostitution.
335 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
336 800.04(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.
337 806.01(2) 2nd Maliciously damage structure by fire or explosive.
338 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
339 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
340 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
341 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
342 812.014(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.
343 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
344 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
345 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
346 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
347 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
348 812.131(2)(a) 2nd Robbery by sudden snatching.
349 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
350 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
351 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
352 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
353 817.2341 (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.
354 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
355 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
356 827.03(2)827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
357 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
358 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
359 838.015 2nd Bribery.
360 838.016 2nd Unlawful compensation or reward for official behavior.
361 838.021(3)(a) 2nd Unlawful harm to a public servant.
362 838.22 2nd Bid tampering.
363 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
364 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
365 872.06 2nd Abuse of a dead human body.
366 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
367 893.13(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.
368 893.13(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.
369 893.13(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).
370 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
371 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
372 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
373 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
374 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
375 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
376 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
377 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
378 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
379 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
380 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
381 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
382 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
383 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
384 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
385 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
386 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
387 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
388 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
389 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
390 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
391 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
392 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
393 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
394 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
395 (i) LEVEL 9
396 FloridaStatute FelonyDegree Description
397 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
398 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
399 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
400 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
401 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
402 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
403 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
404 775.0844 1st Aggravated white collar crime.
405 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
406 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
407 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
408 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
409 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
410 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
411 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
412 787.02(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.
413 790.161 1st Attempted capital destructive device offense.
414 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
415 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
416 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
417 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
418 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
419 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
420 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
421 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
422 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
423 812.135(2)(b) 1st Home-invasion robbery with weapon.
424 817.568(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.
425 827.03(2)(a)827.03(2) 1st Aggravated child abuse.
426 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
427 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
428 859.01 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.
429 893.135 1st Attempted capital trafficking offense.
430 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
431 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
432 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
433 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
434 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
435 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
436 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
437 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
438 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
439 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
440 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
441 Section 6. Subsection (1) of section 948.062, Florida
442 Statutes, is amended to read:
443 948.062 Reviewing and reporting serious offenses committed
444 by offenders placed on probation or community control.—
445 (1) The department shall review the circumstances related
446 to an offender placed on probation or community control who has
447 been arrested while on supervision for the following offenses:
448 (a) Any murder as provided in s. 782.04;
449 (b) Any sexual battery as provided in s. 794.011 or s.
450 794.023;
451 (c) Any sexual performance by a child as provided in s.
452 827.071;
453 (d) Any kidnapping, false imprisonment, or luring of a
454 child as provided in s. 787.01, s. 787.02, or s. 787.025;
455 (e) Any lewd and lascivious battery or lewd and lascivious
456 molestation as provided in s. 800.04(4) or (5);
457 (f) Any aggravated child abuse as provided in s.
458 827.03(2)(a) s. 827.03(2);
459 (g) Any robbery with a firearm or other deadly weapon, home
460 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
461 s. 812.135, or s. 812.133;
462 (h) Any aggravated stalking as provided in s. 784.048(3),
463 (4), or (5);
464 (i) Any forcible felony as provided in s. 776.08, committed
465 by a any person on probation or community control who is
466 designated as a sexual predator; or
467 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
468 or vehicular or vessel homicide as provided in s. 782.071 or s.
469 782.072, committed by a any person who is on probation or
470 community control for an offense involving death or injury
471 resulting from a driving incident.
472 Section 7. Paragraph (a) of subsection (3) and subsection
473 (14) of section 960.03, Florida Statutes, are amended to read:
474 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
475 960.01-960.28, unless the context otherwise requires, the term:
476 (3) “Crime” means:
477 (a) A felony or misdemeanor offense committed by either an
478 adult or a juvenile which results in physical injury or death,
479 including a felony or misdemeanor offense committed by either an
480 adult or a juvenile which results in psychiatric or
481 psychological injury to a person younger than 18 years of age
482 who was not physically injured by the criminal act. The term
483 also includes any such criminal act that which is committed
484 within this state but that which falls exclusively within
485 federal jurisdiction.
486 (14) “Victim” means:
487 (a) A person who suffers personal physical injury or death
488 as a direct result of a crime;
489 (b) A person younger than 18 years of age who was present
490 at the scene of a crime, saw or heard the crime, and suffered a
491 psychiatric or psychological injury because of the crime, but
492 who was not physically injured; or
493 (c) A person younger than 18 years of age who was the
494 victim of a felony or misdemeanor offense that resulted in a
495 psychiatric or psychological injury, but who was not physically
496 injured; or
497 (d)(c) A person against whom a forcible felony was
498 committed and who suffers a psychiatric or psychological injury
499 as a direct result of that crime but who does not otherwise
500 sustain a personal physical injury or death.
501 Section 8. This act shall take effect October 1, 2012.
502
503
504 ================= T I T L E A M E N D M E N T ================
505 And the title is amended as follows:
506 Delete everything before the enacting clause
507 and insert:
508 A bill to be entitled
509 An act relating to criminal conduct; amending s.
510 827.03, F.S.; defining the term “mental injury” with
511 respect to the offenses of abuse, aggravated abuse,
512 and neglect of a child; requiring that a physician or
513 psychologist acting as an expert witness in certain
514 proceedings have certain credentials; amending ss.
515 775.084, 775.0877, 782.07, 921.0022, and 948.062,
516 F.S.; conforming cross-references; amending s. 960.03,
517 F.S.; redefining the term “crime” for purposes of
518 crime victims compensation to include additional forms
519 of injury; redefining the term “victim” to conform
520 with the modified definition of the term “crime”;
521 providing an effective date.