HB 127

1	A bill to be entitled
2	An act relating to assault or battery on a utility
3	worker; amending s. 784.07, F.S.; defining the term
4	"utility worker"; providing for reclassification of
5	certain offenses committed against a utility worker;
6	amending ss. 901.15, 943.051, 985.11, and 985.644,
7	F.S.; conforming provisions to changes made by the
8	act; reenacting and amending s. 921.0022(3)(d), (f),
9	and (g), F.S., relating to the offense severity
10	ranking chart of the Criminal Punishment Code, to
11	incorporate the amendment made to s. 784.07, F.S., in
12	references thereto; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 784.07, Florida Statutes, is amended to
17	read:
18	784.07  Assault or battery of law enforcement officers,
19	firefighters, emergency medical care providers, public transit
20	employees or agents, or other specified persons officers;
21	reclassification of offenses; minimum sentences.-
22	(1)  As used in this section, the term:
23	(a)  "Emergency medical care provider" means an ambulance
24	driver, emergency medical technician, paramedic, registered
25	nurse, physician as defined in s. 401.23, medical director as
26	defined in s. 401.23, or any person authorized by an emergency
27	medical service licensed under chapter 401 who is engaged in the
28	performance of his or her duties. The term "emergency medical
29	care provider" also includes physicians, employees, agents, or
30	volunteers of hospitals as defined in chapter 395, who are
31	employed, under contract, or otherwise authorized by a hospital
32	to perform duties directly associated with the care and
33	treatment rendered by the hospital's emergency department or the
34	security thereof.
35	(b)  "Firefighter" means any person employed by any public
36	employer of this state whose duty it is to extinguish fires; to
37	protect life or property; or to enforce municipal, county, and
38	state fire prevention codes, as well as any law pertaining to
39	the prevention and control of fires.
40	(c)  "Law enforcement explorer" means any person who is a
41	current member of a law enforcement agency's explorer program
42	and who is performing functions other than those required to be
43	performed by sworn law enforcement officers on behalf of a law
44	enforcement agency while under the direct physical supervision
45	of a sworn officer of that agency and wearing a uniform that
46	bears at least one patch that clearly identifies the law
47	enforcement agency that he or she represents.
48	(d)  "Law enforcement officer" includes a law enforcement
49	officer, a correctional officer, a correctional probation
50	officer, a part-time law enforcement officer, a part-time
51	correctional officer, an auxiliary law enforcement officer, and
52	an auxiliary correctional officer, as those terms are
53	respectively defined in s. 943.10, and any county probation
54	officer; an employee or agent of the Department of Corrections
55	who supervises or provides services to inmates; an officer of
56	the Parole Commission; a federal law enforcement officer as
57	defined in s. 901.1505; and law enforcement personnel of the
58	Fish and Wildlife Conservation Commission, the Department of
59	Environmental Protection, or the Department of Law Enforcement.
60	(e)  "Public transit employees or agents" means bus
61	operators, train operators, revenue collectors, security
62	personnel, equipment maintenance personnel, or field
63	supervisors, who are employees or agents of a transit agency as
64	described in s. 812.015(1)(l).
65	(f)  "Utility worker" means a person under contract with or
66	employed by an entity that owns, operates, leases, or controls a
67	plant, property, or facility for the generation, transmission,
68	manufacture, production, supply, distribution, sale, storage,
69	conveyance, delivery, or furnishing to or for the public of
70	electricity, natural or manufactured gas, water, steam, sewage,
71	telephone, or communications service, including two or more
72	utilities rendering joint service.
73	(2)  Whenever any person is charged with knowingly
74	committing an assault or battery upon a law enforcement officer,
75	a firefighter, an emergency medical care provider, a traffic
76	accident investigation officer as described in s. 316.640, a
77	nonsworn law enforcement agency employee who is certified as an
78	agency inspector, a blood alcohol analyst, or a breath test
79	operator while such employee is in uniform and engaged in
80	processing, testing, evaluating, analyzing, or transporting a
81	person who is detained or under arrest for DUI, a law
82	enforcement explorer, a traffic infraction enforcement officer
83	as described in s. 316.640, a parking enforcement specialist as
84	defined in s. 316.640, a person licensed as a security officer
85	as defined in s. 493.6101 and wearing a uniform that bears at
86	least one patch or emblem that is visible at all times that
87	clearly identifies the employing agency and that clearly
88	identifies the person as a licensed security officer, or a
89	security officer employed by the board of trustees of a
90	community college, or a utility worker, while the officer,
91	firefighter, emergency medical care provider, traffic accident
92	investigation officer, traffic infraction enforcement officer,
93	inspector, analyst, operator, law enforcement explorer, parking
94	enforcement specialist, public transit employee or agent, or
95	security officer, or utility worker is engaged in the lawful
96	performance of his or her duties, the offense for which the
97	person is charged shall be reclassified as follows:
98	(a)  In the case of assault, from a misdemeanor of the
99	second degree to a misdemeanor of the first degree.
100	(b)  In the case of battery, from a misdemeanor of the
101	first degree to a felony of the third degree.
102	(c)  In the case of aggravated assault, from a felony of
103	the third degree to a felony of the second degree.
104	Notwithstanding any other provision of law, any person convicted
105	of aggravated assault upon a law enforcement officer shall be
106	sentenced to a minimum term of imprisonment of 3 years.
107	(d)  In the case of aggravated battery, from a felony of
108	the second degree to a felony of the first degree.
109	Notwithstanding any other provision of law, any person convicted
110	of aggravated battery of a law enforcement officer shall be
111	sentenced to a minimum term of imprisonment of 5 years.
112	(3)  Any person who is convicted of a battery under
113	paragraph (2)(b) and, during the commission of the offense, such
114	person possessed:
115	(a)  A "firearm" or "destructive device" as those terms are
116	defined in s. 790.001, shall be sentenced to a minimum term of
117	imprisonment of 3 years.
118	(b)  A semiautomatic firearm and its high-capacity
119	detachable box magazine, as defined in s. 775.087(3), or a
120	machine gun as defined in s. 790.001, shall be sentenced to a
121	minimum term of imprisonment of 8 years.
122
123	Notwithstanding s. 948.01, adjudication of guilt or imposition
124	of sentence shall not be suspended, deferred, or withheld, and
125	the defendant is not eligible for statutory gain-time under s.
126	944.275 or any form of discretionary early release, other than
127	pardon or executive clemency, or conditional medical release
128	under s. 947.149, prior to serving the minimum sentence.
129	Section 2.  Subsection (15) of section 901.15, Florida
130	Statutes, is amended to read:
131	901.15  When arrest by officer without warrant is lawful.-A
132	law enforcement officer may arrest a person without a warrant
133	when:
134	(15)  There is probable cause to believe that the person
135	has committed assault upon a law enforcement officer, a
136	firefighter, an emergency medical care provider, public transit
137	employees or agents, or other specified persons officers as set
138	forth in s. 784.07 or has committed assault or battery upon any
139	employee of a receiving facility as defined in s. 394.455 who is
140	engaged in the lawful performance of his or her duties.
141	Section 3.  Paragraph (b) of subsection (3) of section
142	943.051, Florida Statutes, is amended to read:
143	943.051  Criminal justice information; collection and
144	storage; fingerprinting.-
145	(3)
146	(b)  A minor who is charged with or found to have committed
147	the following offenses shall be fingerprinted and the
148	fingerprints shall be submitted to the department:
149	1.  Assault, as defined in s. 784.011.
150	2.  Battery, as defined in s. 784.03.
151	3.  Carrying a concealed weapon, as defined in s.
152	790.01(1).
153	4.  Unlawful use of destructive devices or bombs, as
154	defined in s. 790.1615(1).
155	5.  Negligent treatment of children, as defined in former
156	s. 827.05.
157	6.  Assault or battery on a law enforcement officer, a
158	firefighter, or other specified persons officers, as defined in
159	s. 784.07(2)(a) and (b).
160	7.  Open carrying of a weapon, as defined in s. 790.053.
161	8.  Exposure of sexual organs, as defined in s. 800.03.
162	9.  Unlawful possession of a firearm, as defined in s.
163	790.22(5).
164	10.  Petit theft, as defined in s. 812.014(3).
165	11.  Cruelty to animals, as defined in s. 828.12(1).
166	12.  Arson, as defined in s. 806.031(1).
167	13.  Unlawful possession or discharge of a weapon or
168	firearm at a school-sponsored event or on school property as
169	defined in s. 790.115.
170	Section 4.  Paragraph (b) of subsection (1) of section
171	985.11, Florida Statutes, is amended to read:
172	985.11  Fingerprinting and photographing.-
173	(1)
174	(b)  A child who is charged with or found to have committed
175	one of the following offenses shall be fingerprinted, and the
176	fingerprints shall be submitted to the Department of Law
177	Enforcement as provided in s. 943.051(3)(b):
178	1.  Assault, as defined in s. 784.011.
179	2.  Battery, as defined in s. 784.03.
180	3.  Carrying a concealed weapon, as defined in s.
181	790.01(1).
182	4.  Unlawful use of destructive devices or bombs, as
183	defined in s. 790.1615(1).
184	5.  Negligent treatment of children, as defined in former
185	s. 827.05.
186	6.  Assault on a law enforcement officer, a firefighter, or
187	other specified persons officers, as defined in s. 784.07(2)(a).
188	7.  Open carrying of a weapon, as defined in s. 790.053.
189	8.  Exposure of sexual organs, as defined in s. 800.03.
190	9.  Unlawful possession of a firearm, as defined in s.
191	790.22(5).
192	10.  Petit theft, as defined in s. 812.014.
193	11.  Cruelty to animals, as defined in s. 828.12(1).
194	12.  Arson, resulting in bodily harm to a firefighter, as
195	defined in s. 806.031(1).
196	13.  Unlawful possession or discharge of a weapon or
197	firearm at a school-sponsored event or on school property as
198	defined in s. 790.115.
199
200	A law enforcement agency may fingerprint and photograph a child
201	taken into custody upon probable cause that such child has
202	committed any other violation of law, as the agency deems
203	appropriate. Such fingerprint records and photographs shall be
204	retained by the law enforcement agency in a separate file, and
205	these records and all copies thereof must be marked "Juvenile
206	Confidential." These records are not available for public
207	disclosure and inspection under s. 119.07(1) except as provided
208	in ss. 943.053 and 985.04(2), but shall be available to other
209	law enforcement agencies, criminal justice agencies, state
210	attorneys, the courts, the child, the parents or legal
211	custodians of the child, their attorneys, and any other person
212	authorized by the court to have access to such records. In
213	addition, such records may be submitted to the Department of Law
214	Enforcement for inclusion in the state criminal history records
215	and used by criminal justice agencies for criminal justice
216	purposes. These records may, in the discretion of the court, be
217	open to inspection by anyone upon a showing of cause. The
218	fingerprint and photograph records shall be produced in the
219	court whenever directed by the court. Any photograph taken
220	pursuant to this section may be shown by a law enforcement
221	officer to any victim or witness of a crime for the purpose of
222	identifying the person who committed such crime.
223	Section 5.  Paragraph (a) of subsection (3) of section
224	985.644, Florida Statutes, is amended to read:
225	985.644  Departmental contracting powers; personnel
226	standards and screening.-
227	(3)(a)  All employees of the department and all personnel
228	of contract providers for any program for children, including
229	all owners, operators, employees, persons who have access to
230	confidential juvenile records, and volunteers, must complete:
231	1.  A level 2 employment screening pursuant to chapter 435
232	before employment. The security background investigation
233	conducted under this section must ensure that, in addition to
234	the disqualifying offenses listed in s. 435.04, no person
235	subject to the background screening provisions of this section
236	has an arrest awaiting final disposition for, been found guilty
237	of, regardless of adjudication, or entered a plea of nolo
238	contendere or guilty to, or been adjudicated delinquent and the
239	record has not been sealed or expunged for, any offense
240	prohibited under the following provisions of state law or
241	similar laws of another jurisdiction:
242	a.  Section 784.07, relating to assault or battery of law
243	enforcement officers, firefighters, emergency medical care
244	providers, public transit employees or agents, or other
245	specified persons officers.
246	b.  Section 817.568, relating to criminal use of personal
247	identification information.
248	2.  A national criminal records check by the Federal Bureau
249	of Investigation every 5 years following the date of the
250	person's employment.
251	Section 6.  For the purpose of incorporating the amendments
252	made by this act to section 784.07, Florida Statutes, in a
253	references thereto, paragraphs (d), (f), and (g) of subsection
254	(3) of section 921.0022, Florida Statutes, are reenacted and
255	amended to read:
256	921.0022  Criminal Punishment Code; offense severity
257	ranking chart.-
258	(3)  OFFENSE SEVERITY RANKING CHART
259	(d)  LEVEL 4
260
	FloridaStatute FelonyDegree Description
261
	316.1935(3)(a) 2nd 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.
262
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
263
	499.0051(2) 3rd Failure to authenticate pedigree papers.
264
	499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
265
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
266
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
267
	784.075 3rd Battery on detention or commitment facility staff.
268
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
269
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
270
	784.081(3) 3rd Battery on specified official or employee.
271
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
272
	784.083(3) 3rd Battery on code inspector.
273
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
274
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
275
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
276
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
277
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
278
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
279
	790.115(2)(c) 3rd Possessing firearm on school property.
280
	800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
281
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
282
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
283
	810.06 3rd Burglary; possession of tools.
284
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
285
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
286
	812.014  (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
287
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
288
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
289
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
290
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
291
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
292
	837.02(1) 3rd Perjury in official proceedings.
293
	837.021(1) 3rd Make contradictory statements in official proceedings.
294
	838.022 3rd Official misconduct.
295
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
296
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
297
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
298
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
299
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
300
	847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
301
	874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
302
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
303
	914.14(2) 3rd Witnesses accepting bribes.
304
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
305
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
306
	918.12 3rd Tampering with jurors.
307
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
308
309	(f)  LEVEL 6
310
	FloridaStatute FelonyDegree Description
311
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
312
	499.0051(3) 2nd Knowing forgery of pedigree papers.
313
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
314
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
315
	775.0875(1) 3rd Taking firearm from law enforcement officer.
316
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
317
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
318
	784.041 3rd Felony battery; domestic battery by strangulation.
319
	784.048(3) 3rd Aggravated stalking; credible threat.
320
	784.048(5) 3rd Aggravated stalking of person under 16.
321
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, etc.
322
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
323
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
324
	784.081(2) 2nd Aggravated assault on specified official or employee.
325
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
326
	784.083(2) 2nd Aggravated assault on code inspector.
327
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
328
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
329
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
330
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
331
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
332
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
333
	794.05(1) 2nd Unlawful sexual activity with specified minor.
334
	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.
335
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
336
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
337
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
338
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
339
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
340
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
341
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
342
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
343
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
344
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
345
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
346
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
347
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
348
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
349
	827.03(1) 3rd Abuse of a child.
350
	827.03(3)(c) 3rd Neglect of a child.
351
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
352
	836.05 2nd Threats; extortion.
353
	836.10 2nd Written threats to kill or do bodily injury.
354
	843.12 3rd Aids or assists person to escape.
355
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
356
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
357
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
358
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
359
	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.
360
	944.40 2nd Escapes.
361
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
362
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
363
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
364
365	(g)  LEVEL 7
366
	FloridaStatute FelonyDegree Description
367
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
368
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
369
	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.
370
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
371
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
372
	409.920  (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
373
	409.920  (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
374
	456.065(2) 3rd Practicing a health care profession without a license.
375
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
376
	458.327(1) 3rd Practicing medicine without a license.
377
	459.013(1) 3rd Practicing osteopathic medicine without a license.
378
	460.411(1) 3rd Practicing chiropractic medicine without a license.
379
	461.012(1) 3rd Practicing podiatric medicine without a license.
380
	462.17 3rd Practicing naturopathy without a license.
381
	463.015(1) 3rd Practicing optometry without a license.
382
	464.016(1) 3rd Practicing nursing without a license.
383
	465.015(2) 3rd Practicing pharmacy without a license.
384
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
385
	467.201 3rd Practicing midwifery without a license.
386
	468.366 3rd Delivering respiratory care services without a license.
387
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
388
	483.901(9) 3rd Practicing medical physics without a license.
389
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
390
	484.053 3rd Dispensing hearing aids without a license.
391
	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.
392
	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.
393
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
394
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
395
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
396
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
397
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
398
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
399
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
400
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
401
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
402
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
403
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
404
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
405
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
406
	784.048(7) 3rd Aggravated stalking; violation of court order.
407
	784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, etc.
408
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
409
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
410
	784.081(1) 1st Aggravated battery on specified official or employee.
411
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
412
	784.083(1) 1st Aggravated battery on code inspector.
413
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
414
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
415
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
416
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
417
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
418
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
419
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
420
	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.
421
	796.03 2nd Procuring any person under 16 years for prostitution.
422
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
423
	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.
424
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
425
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
426
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
427
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
428
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
429
	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.
430
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
431
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
432
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
433
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
434
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
435
	812.131(2)(a) 2nd Robbery by sudden snatching.
436
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
437
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
438
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
439
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
440
	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.
441
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
442
	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.
443
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
444
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
445
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
446
	838.015 2nd Bribery.
447
	838.016 2nd Unlawful compensation or reward for official behavior.
448
	838.021(3)(a) 2nd Unlawful harm to a public servant.
449
	838.22 2nd Bid tampering.
450
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
451
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
452
	872.06 2nd Abuse of a dead human body.
453
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
454
	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.
455
	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.
456
	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).
457
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
458
	893.135  (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
459
	893.135  (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
460
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
461
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
462
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
463
	893.135  (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
464
	893.135  (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
465
	893.135  (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
466
	893.135  (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
467
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
468
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
469
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
470
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
471
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
472
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
473
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
474
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
475
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
476
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
477
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
478
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
479
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
480
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
481
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
482
483	Section 7.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.