Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for SB 1816
Barcode 378328
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/07/2012 12:54 PM .
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Senator Detert moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 426 and 427
4 insert:
5 Section 10. 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 has completed an accredited residency in psychiatry or
98 has obtained certification as an expert witness pursuant to s.
99 458.3175.
100 (c) A psychologist may not give expert testimony in a
101 criminal child abuse case regarding mental injury unless the
102 psychologist is licensed under chapter 490.
103 (d) The expert testimony requirements of this subsection
104 apply only to criminal child abuse cases and not to family court
105 or dependency court cases.
106 (4) For purposes of this section, “maliciously” means
107 wrongfully, intentionally, and without legal justification or
108 excuse. Maliciousness may be established by circumstances from
109 which one could conclude that a reasonable parent would not have
110 engaged in the damaging acts toward the child for any valid
111 reason and that the primary purpose of the acts was to cause the
112 victim unjustifiable pain or injury.
113 Section 11. Paragraph (d) of subsection (1) of section
114 775.084, Florida Statutes, is amended to read:
115 775.084 Violent career criminals; habitual felony offenders
116 and habitual violent felony offenders; three-time violent felony
117 offenders; definitions; procedure; enhanced penalties or
118 mandatory minimum prison terms.—
119 (1) As used in this act:
120 (d) “Violent career criminal” means a defendant for whom
121 the court must impose imprisonment pursuant to paragraph (4)(d),
122 if it finds that:
123 1. The defendant has previously been convicted as an adult
124 three or more times for an offense in this state or other
125 qualified offense that is:
126 a. Any forcible felony, as described in s. 776.08;
127 b. Aggravated stalking, as described in s. 784.048(3) and
128 (4);
129 c. Aggravated child abuse, as described in s. 827.03(2)(a);
130 d. Aggravated abuse of an elderly person or disabled adult,
131 as described in s. 825.102(2);
132 e. Lewd or lascivious battery, lewd or lascivious
133 molestation, lewd or lascivious conduct, or lewd or lascivious
134 exhibition, as described in s. 800.04 or s. 847.0135(5);
135 f. Escape, as described in s. 944.40; or
136 g. A felony violation of chapter 790 involving the use or
137 possession of a firearm.
138 2. The defendant has been incarcerated in a state prison or
139 a federal prison.
140 3. The primary felony offense for which the defendant is to
141 be sentenced is a felony enumerated in subparagraph 1. and was
142 committed on or after October 1, 1995, and:
143 a. While the defendant was serving a prison sentence or
144 other sentence, or court-ordered or lawfully imposed supervision
145 that is imposed as a result of a prior conviction for an
146 enumerated felony; or
147 b. Within 5 years after the conviction of the last prior
148 enumerated felony, or within 5 years after the defendant’s
149 release from a prison sentence, probation, community control,
150 control release, conditional release, parole, or court-ordered
151 or lawfully imposed supervision or other sentence that is
152 imposed as a result of a prior conviction for an enumerated
153 felony, whichever is later.
154 4. The defendant has not received a pardon for any felony
155 or other qualified offense that is necessary for the operation
156 of this paragraph.
157 5. A conviction of a felony or other qualified offense
158 necessary to the operation of this paragraph has not been set
159 aside in any postconviction proceeding.
160 Section 12. Subsection (1) of section 775.0877, Florida
161 Statutes, is amended to read:
162 775.0877 Criminal transmission of HIV; procedures;
163 penalties.—
164 (1) In any case in which a person has been convicted of or
165 has pled nolo contendere or guilty to, regardless of whether
166 adjudication is withheld, any of the following offenses, or the
167 attempt thereof, which offense or attempted offense involves the
168 transmission of body fluids from one person to another:
169 (a) Section 794.011, relating to sexual battery;
170 (b) Section 826.04, relating to incest;
171 (c) Section 800.04, relating to lewd or lascivious offenses
172 committed upon or in the presence of persons less than 16 years
173 of age;
174 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
175 relating to assault;
176 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
177 relating to aggravated assault;
178 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
179 relating to battery;
180 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
181 relating to aggravated battery;
182 (h) Section 827.03(2)(c)(1), relating to child abuse;
183 (i) Section 827.03(2)(a), relating to aggravated child
184 abuse;
185 (j) Section 825.102(1), relating to abuse of an elderly
186 person or disabled adult;
187 (k) Section 825.102(2), relating to aggravated abuse of an
188 elderly person or disabled adult;
189 (l) Section 827.071, relating to sexual performance by
190 person less than 18 years of age;
191 (m) Sections 796.03, 796.07, and 796.08, relating to
192 prostitution; or
193 (n) Section 381.0041(11)(b), relating to donation of blood,
194 plasma, organs, skin, or other human tissue,
195
196 the court shall order the offender to undergo HIV testing, to be
197 performed under the direction of the Department of Health in
198 accordance with s. 381.004, unless the offender has undergone
199 HIV testing voluntarily or pursuant to procedures established in
200 s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
201 rule providing for HIV testing of criminal offenders or inmates,
202 subsequent to her or his arrest for an offense enumerated in
203 paragraphs (a)-(n) for which she or he was convicted or to which
204 she or he pled nolo contendere or guilty. The results of an HIV
205 test performed on an offender pursuant to this subsection are
206 not admissible in any criminal proceeding arising out of the
207 alleged offense.
208 Section 13. Subsection (3) of section 782.07, Florida
209 Statutes, is amended to read:
210 782.07 Manslaughter; aggravated manslaughter of an elderly
211 person or disabled adult; aggravated manslaughter of a child;
212 aggravated manslaughter of an officer, a firefighter, an
213 emergency medical technician, or a paramedic.—
214 (3) A person who causes the death of any person under the
215 age of 18 by culpable negligence under s. 827.03(2)(b)(3)
216 commits aggravated manslaughter of a child, a felony of the
217 first degree, punishable as provided in s. 775.082, s. 775.083,
218 or s. 775.084.
219 Section 14. Paragraphs (f), (g), and (i) of subsection (3)
220 of section 921.0022, Florida Statutes, are amended to read:
221 921.0022 Criminal Punishment Code; offense severity ranking
222 chart.—
223 (3) OFFENSE SEVERITY RANKING CHART
224 (f) LEVEL 6
225 FloridaStatute FelonyDegree Description
226 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
227 499.0051(3) 2nd Knowing forgery of pedigree papers.
228 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
229 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
230 775.0875(1) 3rd Taking firearm from law enforcement officer.
231 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
232 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
233 784.041 3rd Felony battery; domestic battery by strangulation.
234 784.048(3) 3rd Aggravated stalking; credible threat.
235 784.048(5) 3rd Aggravated stalking of person under 16.
236 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
237 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
238 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
239 784.081(2) 2nd Aggravated assault on specified official or employee.
240 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
241 784.083(2) 2nd Aggravated assault on code inspector.
242 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
243 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
244 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
245 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
246 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
247 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
248 794.05(1) 2nd Unlawful sexual activity with specified minor.
249 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
250 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
251 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
252 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
253 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
254 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
255 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
256 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
257 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
258 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
259 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
260 825.102(1) 3rd Abuse of an elderly person or disabled adult.
261 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
262 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
263 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
264 827.03(2)(c)827.03(1) 3rd Abuse of a child.
265 827.03(2)(d)827.03(3)(c) 3rd Neglect of a child.
266 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
267 836.05 2nd Threats; extortion.
268 836.10 2nd Written threats to kill or do bodily injury.
269 843.12 3rd Aids or assists person to escape.
270 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
271 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
272 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
273 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
274 944.35(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.
275 944.40 2nd Escapes.
276 944.46 3rd Harboring, concealing, aiding escaped prisoners.
277 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
278 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
279 (g) LEVEL 7
280 FloridaStatute FelonyDegree Description
281 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
282 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
283 316.1935(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.
284 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
285 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
286 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
287 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
288 456.065(2) 3rd Practicing a health care profession without a license.
289 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
290 458.327(1) 3rd Practicing medicine without a license.
291 459.013(1) 3rd Practicing osteopathic medicine without a license.
292 460.411(1) 3rd Practicing chiropractic medicine without a license.
293 461.012(1) 3rd Practicing podiatric medicine without a license.
294 462.17 3rd Practicing naturopathy without a license.
295 463.015(1) 3rd Practicing optometry without a license.
296 464.016(1) 3rd Practicing nursing without a license.
297 465.015(2) 3rd Practicing pharmacy without a license.
298 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
299 467.201 3rd Practicing midwifery without a license.
300 468.366 3rd Delivering respiratory care services without a license.
301 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
302 483.901(9) 3rd Practicing medical physics without a license.
303 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
304 484.053 3rd Dispensing hearing aids without a license.
305 494.0018(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.
306 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
307 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
308 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
309 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
310 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
311 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
312 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
313 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
314 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
315 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
316 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
317 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
318 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
319 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
320 784.048(7) 3rd Aggravated stalking; violation of court order.
321 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
322 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
323 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
324 784.081(1) 1st Aggravated battery on specified official or employee.
325 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
326 784.083(1) 1st Aggravated battery on code inspector.
327 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
328 790.16(1) 1st Discharge of a machine gun under specified circumstances.
329 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
330 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
331 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
332 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
333 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
334 794.08(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.
335 796.03 2nd Procuring any person under 16 years for prostitution.
336 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
337 800.04(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.
338 806.01(2) 2nd Maliciously damage structure by fire or explosive.
339 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
340 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
341 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
342 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
343 812.014(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.
344 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
345 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
346 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
347 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
348 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
349 812.131(2)(a) 2nd Robbery by sudden snatching.
350 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
351 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
352 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
353 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
354 817.2341 (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.
355 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
356 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
357 827.03(2)(b)827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
358 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
359 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
360 838.015 2nd Bribery.
361 838.016 2nd Unlawful compensation or reward for official behavior.
362 838.021(3)(a) 2nd Unlawful harm to a public servant.
363 838.22 2nd Bid tampering.
364 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
365 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
366 872.06 2nd Abuse of a dead human body.
367 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
368 893.13(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.
369 893.13(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.
370 893.13(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).
371 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
372 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
373 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
374 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
375 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
376 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
377 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
378 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
379 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
380 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
381 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
382 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
383 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
384 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
385 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
386 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
387 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
388 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
389 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
390 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
391 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
392 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
393 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
394 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
395 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
396 (i) LEVEL 9
397 FloridaStatute FelonyDegree Description
398 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
399 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
400 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
401 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
402 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
403 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
404 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
405 775.0844 1st Aggravated white collar crime.
406 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
407 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
408 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
409 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
410 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
411 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
412 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
413 787.02(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.
414 790.161 1st Attempted capital destructive device offense.
415 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
416 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
417 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
418 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
419 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
420 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
421 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
422 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
423 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
424 812.135(2)(b) 1st Home-invasion robbery with weapon.
425 817.568(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.
426 827.03(2)(a)827.03(2) 1st Aggravated child abuse.
427 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
428 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
429 859.01 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.
430 893.135 1st Attempted capital trafficking offense.
431 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
432 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
433 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
434 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
435 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
436 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
437 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
438 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
439 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
440 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
441 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
442 Section 15. Subsection (1) of section 948.062, Florida
443 Statutes, is amended to read:
444 948.062 Reviewing and reporting serious offenses committed
445 by offenders placed on probation or community control.—
446 (1) The department shall review the circumstances related
447 to an offender placed on probation or community control who has
448 been arrested while on supervision for the following offenses:
449 (a) Any murder as provided in s. 782.04;
450 (b) Any sexual battery as provided in s. 794.011 or s.
451 794.023;
452 (c) Any sexual performance by a child as provided in s.
453 827.071;
454 (d) Any kidnapping, false imprisonment, or luring of a
455 child as provided in s. 787.01, s. 787.02, or s. 787.025;
456 (e) Any lewd and lascivious battery or lewd and lascivious
457 molestation as provided in s. 800.04(4) or (5);
458 (f) Any aggravated child abuse as provided in s.
459 827.03(2)(a) s. 827.03(2);
460 (g) Any robbery with a firearm or other deadly weapon, home
461 invasion robbery, or carjacking as provided in s. 812.13(2)(a),
462 s. 812.135, or s. 812.133;
463 (h) Any aggravated stalking as provided in s. 784.048(3),
464 (4), or (5);
465 (i) Any forcible felony as provided in s. 776.08, committed
466 by a any person on probation or community control who is
467 designated as a sexual predator; or
468 (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
469 or vehicular or vessel homicide as provided in s. 782.071 or s.
470 782.072, committed by a any person who is on probation or
471 community control for an offense involving death or injury
472 resulting from a driving incident.
473 Section 16. Subsections (3) and (14) of section 960.03,
474 Florida Statutes, are amended to read:
475 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
476 960.01-960.28, unless the context otherwise requires, the term:
477 (3) “Crime” means:
478 (a) A felony or misdemeanor offense committed by either an
479 adult or a juvenile which results in physical injury or death or
480 a felony or misdemeanor offense of child abuse committed by an
481 adult or a juvenile against a person younger than 18 years of
482 age which resulted in a mental injury, as defined in s. 39.01,
483 but who was not physically injured by the criminal act. The
484 mental injury to the minor must be verified by a psychologist
485 licensed under chapter 490, by a physician licensed in this
486 state under chapter 458 or chapter 459 and who has completed an
487 accredited residency in psychiatry, or by a physician who has
488 obtained certification as an expert witness pursuant to s.
489 458.3175.
490
491 The term also includes a any such criminal act that which is
492 committed within this state but that which falls exclusively
493 within federal jurisdiction.
494 (b) A violation of s. 316.193, s. 316.027(1), s. 327.35(1),
495 s. 782.071(1)(b), or s. 860.13(1)(a) which results in physical
496 injury or death; however, an no other act involving the
497 operation of a motor vehicle, boat, or aircraft which results in
498 injury or death does not shall constitute a crime for the
499 purpose of this chapter unless the injury or death was
500 intentionally inflicted through the use of the such vehicle,
501 boat, or aircraft or unless such vehicle, boat, or aircraft is
502 an implement of a crime to which this act applies.
503 (c) A criminal act committed outside of this state against
504 a resident of this state which would have been compensable if it
505 had occurred in this state and which occurred in a jurisdiction
506 that does not have an eligible crime victim compensation program
507 as the term is defined in the federal Victims of Crime Act of
508 1984.
509 (d) A Any violation of s. 827.071, s. 847.0135, s.
510 847.0137, or s. 847.0138, related to online sexual exploitation
511 and child pornography.
512 (14) “Victim” means:
513 (a) A person who suffers personal physical injury or death
514 as a direct result of a crime;
515 (b) A person younger than 18 years of age who was present
516 at the scene of a crime, saw or heard the crime, and suffered a
517 psychiatric or psychological injury because of the crime, but
518 who was not physically injured; or
519 (c) A person younger than 18 years of age who was the
520 victim of a felony or misdemeanor offense of child abuse that
521 resulted in a mental injury as defined by s. 39.01 but who was
522 not physically injured; or
523 (d)(c) A person against whom a forcible felony was
524 committed and who suffers a psychiatric or psychological injury
525 as a direct result of that crime but who does not otherwise
526 sustain a personal physical injury or death.
527
528 ================= T I T L E A M E N D M E N T ================
529 And the title is amended as follows:
530 Delete line 48
531 and insert:
532 amending s. 827.03, F.S.; defining the term “mental
533 injury” with respect to the offenses of abuse,
534 aggravated abuse, and neglect of a child; requiring
535 that a physician or psychologist acting as an expert
536 witness in certain proceedings have certain
537 credentials; amending ss. 775.084, 775.0877, 782.07,
538 921.0022, and 948.062, F.S.; conforming cross
539 references; amending s. 960.03, F.S.; redefining the
540 term “crime” for purposes of crime victims
541 compensation to include additional forms of injury;
542 redefining the term “victim” to conform with the
543 modified definition of the term “crime”; providing an
544 effective date.