Florida Senate - 2012 SB 1846
By Senator Evers
2-01451-12 20121846__
1 A bill to be entitled
2 An act relating to criminal gang prevention; amending
3 s. 810.0975, F.S.; providing enhanced criminal
4 penalties for certain trespassing offenses in school
5 safety zones by a person convicted of certain gang
6 related offenses; amending s. 874.05, F.S.; providing
7 enhanced criminal penalties for a person who
8 intentionally causes, encourages, solicits, or
9 recruits another person under a specified age to
10 become a criminal gang member in certain
11 circumstances; amending s. 951.23, F.S.; authorizing
12 county and municipal detention facilities to designate
13 an individual to be responsible for determining the
14 gang status of each inmate entering the facility and
15 to assess each current inmate for gang activity or
16 gang affiliation; providing duties of such
17 individuals; amending ss. 435.04 and 921.0022, F.S.;
18 conforming cross-references and assigning offense
19 severity rankings for violations of s. 874.05, F.S.;
20 amending s. 921.0024, F.S.; revising the criteria for
21 application of the sentencing multiplier for offenses
22 related to criminal gangs; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 810.0975, Florida Statutes, is amended
28 to read:
29 810.0975 School safety zones; definition; trespass
30 prohibited; penalty.—
31 (1) For the purposes of this section, the term “school
32 safety zone” means in, on, or within 500 feet of any real
33 property owned by or leased to any public or private elementary,
34 middle, or high school or school board and used for elementary,
35 middle, or high school education.
36 (2)(a) Each principal or designee of each public or private
37 school in this state shall notify the appropriate law
38 enforcement agency to prohibit any person from loitering in the
39 school safety zone who does not have legitimate business in the
40 school safety zone or any other authorization, or license to
41 enter or remain in the school safety zone or does not otherwise
42 have invitee status in the designated safety zone.
43 (b)1. During the period from 1 hour prior to the start of a
44 school session until 1 hour after the conclusion of a school
45 session, it is unlawful for any person to enter the premises or
46 trespass within a school safety zone or to remain on such
47 premises or within such school safety zone when that person does
48 not have legitimate business in the school safety zone or any
49 other authorization, license, or invitation to enter or remain
50 in the school safety zone.
51 2.a. Except as provided in sub-subparagraph b., a Any
52 person who violates this subsection commits a misdemeanor of the
53 second degree, punishable as provided in s. 775.082 or s.
54 775.083.
55 b. A person who violates this subsection and who has been
56 previously convicted of any offense contained in chapter 874
57 commits a misdemeanor of the first degree, punishable as
58 provided in s. 775.082 or s. 775.083.
59 (c)1. Except as provided in subparagraph 2., a Any person
60 who does not have legitimate business in the school safety zone
61 or any other authorization, license, or invitation to enter or
62 remain in the school safety zone who shall willfully fail to
63 remove himself or herself from the school safety zone after the
64 principal or designee, having a reasonable belief that he or she
65 will commit a crime or is engaged in harassment or intimidation
66 of students entering or leaving school property, requests him or
67 her to leave the school safety zone commits a misdemeanor of the
68 second degree, punishable as provided in s. 775.082 or s.
69 775.083.
70 2. A person who violates subparagraph 1. and who has been
71 previously convicted of any offense contained in chapter 874
72 commits a misdemeanor of the first degree, punishable as
73 provided in s. 775.082 or s. 775.083.
74 (3) Nothing in This section does not shall be construed to
75 abridge or infringe upon the right of any person to peaceably
76 assemble and protest.
77 (4)(3) This section does not apply to residents or persons
78 engaged in the operation of a licensed commercial business
79 within the school safety zone.
80 Section 2. Section 874.05, Florida Statutes, is amended to
81 read:
82 874.05 Causing, encouraging, soliciting, or recruiting
83 criminal gang membership.—
84 (1)(a) Except as provided in paragraph (b) subsection (2),
85 a person who intentionally causes, encourages, solicits, or
86 recruits another person to become a criminal gang member where a
87 condition of membership or continued membership is the
88 commission of any crime commits a felony of the third degree,
89 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
90 (b)(2) A person who commits a second or subsequent
91 violation of this subsection commits a felony of the second
92 degree, punishable as provided in s. 775.082, s. 775.083, or s.
93 775.084.
94 (2)(a) Except as provided in paragraph (b), a person who
95 intentionally causes, encourages, solicits, or recruits another
96 person under 13 years of age to become a criminal gang member
97 where a condition of membership or continued membership is the
98 commission of any crime commits a felony of the second degree,
99 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
100 (b) A person who commits a second or subsequent violation
101 of this subsection commits a felony of the first degree,
102 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
103 and s. 921.243.
104 Section 3. Subsection (11) is added to section 951.23,
105 Florida Statutes, to read:
106 951.23 County and municipal detention facilities;
107 definitions; administration; standards and requirements.—
108 (11) GANG STATUS OF INMATES.—A county or municipal
109 detention facility may designate an individual to be responsible
110 for determining the gang status of each inmate entering the
111 facility using the criteria in s. 874.03 and assess each current
112 inmate for any gang activity or gang affiliation using those
113 criteria. The individual should at least once biweekly reconcile
114 information with the arresting law enforcement agency and the
115 statewide criminal gang database.
116 Section 4. Paragraph (qq) of subsection (2) of section
117 435.04, Florida Statutes, is amended to read:
118 435.04 Level 2 screening standards.—
119 (2) The security background investigations under this
120 section must ensure that no persons subject to the provisions of
121 this section have been arrested for and are awaiting final
122 disposition of, have been found guilty of, regardless of
123 adjudication, or entered a plea of nolo contendere or guilty to,
124 or have been adjudicated delinquent and the record has not been
125 sealed or expunged for, any offense prohibited under any of the
126 following provisions of state law or similar law of another
127 jurisdiction:
128 (qq) Section 874.05(1), relating to encouraging or
129 recruiting another to join a criminal gang.
130 Section 5. Paragraphs (d), (e), and (g) of subsection (3)
131 of section 921.0022, Florida Statutes, are amended to read:
132 921.0022 Criminal Punishment Code; offense severity ranking
133 chart.—
134 (3) OFFENSE SEVERITY RANKING CHART
135 (d) LEVEL 4
136 FloridaStatute FelonyDegree Description
137 316.1935(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.
138 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
139 499.0051(2) 3rd Failure to authenticate pedigree papers.
140 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
141 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
142 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
143 784.075 3rd Battery on detention or commitment facility staff.
144 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
145 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
146 784.081(3) 3rd Battery on specified official or employee.
147 784.082(3) 3rd Battery by detained person on visitor or other detainee.
148 784.083(3) 3rd Battery on code inspector.
149 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
150 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
151 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
152 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
153 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
154 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
155 790.115(2)(c) 3rd Possessing firearm on school property.
156 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
157 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
158 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
159 810.06 3rd Burglary; possession of tools.
160 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
161 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
162 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
163 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
164 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
165 817.568(2)(a) 3rd Fraudulent use of personal identification information.
166 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
167 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
168 837.02(1) 3rd Perjury in official proceedings.
169 837.021(1) 3rd Make contradictory statements in official proceedings.
170 838.022 3rd Official misconduct.
171 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
172 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
173 843.021 3rd Possession of a concealed handcuff key by a person in custody.
174 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
175 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
176 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
177 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
178 893.13(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).
179 914.14(2) 3rd Witnesses accepting bribes.
180 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
181 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
182 918.12 3rd Tampering with jurors.
183 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
184 (e) LEVEL 5
185 FloridaStatute FelonyDegree Description
186 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
187 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
188 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
189 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
190 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
191 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
192 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
193 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
194 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
195 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
196 790.01(2) 3rd Carrying a concealed firearm.
197 790.162 2nd Threat to throw or discharge destructive device.
198 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
199 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
200 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
201 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
202 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
203 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
204 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
205 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
206 812.019(1) 2nd Stolen property; dealing in or trafficking in.
207 812.131(2)(b) 3rd Robbery by sudden snatching.
208 812.16(2) 3rd Owning, operating, or conducting a chop shop.
209 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
210 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
211 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
212 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
213 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
214 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
215 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
216 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
217 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
218 843.01 3rd Resist officer with violence to person; resist arrest with violence.
219 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
220 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
221 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
222 874.05(1)(b)874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
223 874.05(2)(a) 2nd Encouraging or recruiting person under 13 to join a criminal gang.
224 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
225 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
226 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
227 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
228 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
229 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
230 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
231 (g) LEVEL 7
232 FloridaStatute FelonyDegree Description
233 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
234 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
235 316.1935(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.
236 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
237 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
238 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
239 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
240 456.065(2) 3rd Practicing a health care profession without a license.
241 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
242 458.327(1) 3rd Practicing medicine without a license.
243 459.013(1) 3rd Practicing osteopathic medicine without a license.
244 460.411(1) 3rd Practicing chiropractic medicine without a license.
245 461.012(1) 3rd Practicing podiatric medicine without a license.
246 462.17 3rd Practicing naturopathy without a license.
247 463.015(1) 3rd Practicing optometry without a license.
248 464.016(1) 3rd Practicing nursing without a license.
249 465.015(2) 3rd Practicing pharmacy without a license.
250 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
251 467.201 3rd Practicing midwifery without a license.
252 468.366 3rd Delivering respiratory care services without a license.
253 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
254 483.901(9) 3rd Practicing medical physics without a license.
255 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
256 484.053 3rd Dispensing hearing aids without a license.
257 494.0018(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.
258 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
259 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
260 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
261 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
262 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
263 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
264 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
265 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
266 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
267 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
268 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
269 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
270 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
271 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
272 784.048(7) 3rd Aggravated stalking; violation of court order.
273 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
274 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
275 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
276 784.081(1) 1st Aggravated battery on specified official or employee.
277 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
278 784.083(1) 1st Aggravated battery on code inspector.
279 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
280 790.16(1) 1st Discharge of a machine gun under specified circumstances.
281 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
282 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
283 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
284 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
285 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
286 794.08(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.
287 796.03 2nd Procuring any person under 16 years for prostitution.
288 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
289 800.04(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.
290 806.01(2) 2nd Maliciously damage structure by fire or explosive.
291 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
292 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
293 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
294 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
295 812.014(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.
296 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
297 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
298 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
299 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
300 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
301 812.131(2)(a) 2nd Robbery by sudden snatching.
302 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
303 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
304 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
305 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
306 817.2341 (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.
307 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
308 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
309 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
310 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
311 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
312 838.015 2nd Bribery.
313 838.016 2nd Unlawful compensation or reward for official behavior.
314 838.021(3)(a) 2nd Unlawful harm to a public servant.
315 838.22 2nd Bid tampering.
316 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
317 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
318 872.06 2nd Abuse of a dead human body.
319 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
320 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
321 893.13(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.
322 893.13(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.
323 893.13(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).
324 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
325 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
326 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
327 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
328 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
329 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
330 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
331 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
332 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
333 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
334 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
335 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
336 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
337 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
338 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
339 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
340 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
341 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
342 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
343 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
344 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
345 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
346 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
347 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
348 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
349 Section 6. Paragraph (b) of subsection (1) of section
350 921.0024, Florida Statutes, is amended to read:
351 921.0024 Criminal Punishment Code; worksheet computations;
352 scoresheets.—
353 (1)
354 (b) WORKSHEET KEY:
355
356 Legal status points are assessed when any form of legal status
357 existed at the time the offender committed an offense before the
358 court for sentencing. Four (4) sentence points are assessed for
359 an offender’s legal status.
360
361 Community sanction violation points are assessed when a
362 community sanction violation is before the court for sentencing.
363 Six (6) sentence points are assessed for each community sanction
364 violation and each successive community sanction violation,
365 unless any of the following apply:
366 1. If the community sanction violation includes a new
367 felony conviction before the sentencing court, twelve (12)
368 community sanction violation points are assessed for the
369 violation, and for each successive community sanction violation
370 involving a new felony conviction.
371 2. If the community sanction violation is committed by a
372 violent felony offender of special concern as defined in s.
373 948.06:
374 a. Twelve (12) community sanction violation points are
375 assessed for the violation and for each successive violation of
376 felony probation or community control where:
377 (I) The violation does not include a new felony conviction;
378 and
379 (II) The community sanction violation is not based solely
380 on the probationer or offender’s failure to pay costs or fines
381 or make restitution payments.
382 b. Twenty-four (24) community sanction violation points are
383 assessed for the violation and for each successive violation of
384 felony probation or community control where the violation
385 includes a new felony conviction.
386
387 Multiple counts of community sanction violations before the
388 sentencing court shall not be a basis for multiplying the
389 assessment of community sanction violation points.
390
391 Prior serious felony points: If the offender has a primary
392 offense or any additional offense ranked in level 8, level 9, or
393 level 10, and one or more prior serious felonies, a single
394 assessment of thirty (30) points shall be added. For purposes of
395 this section, a prior serious felony is an offense in the
396 offender’s prior record that is ranked in level 8, level 9, or
397 level 10 under s. 921.0022 or s. 921.0023 and for which the
398 offender is serving a sentence of confinement, supervision, or
399 other sanction or for which the offender’s date of release from
400 confinement, supervision, or other sanction, whichever is later,
401 is within 3 years before the date the primary offense or any
402 additional offense was committed.
403
404 Prior capital felony points: If the offender has one or more
405 prior capital felonies in the offender’s criminal record, points
406 shall be added to the subtotal sentence points of the offender
407 equal to twice the number of points the offender receives for
408 the primary offense and any additional offense. A prior capital
409 felony in the offender’s criminal record is a previous capital
410 felony offense for which the offender has entered a plea of nolo
411 contendere or guilty or has been found guilty; or a felony in
412 another jurisdiction which is a capital felony in that
413 jurisdiction, or would be a capital felony if the offense were
414 committed in this state.
415
416 Possession of a firearm, semiautomatic firearm, or machine gun:
417 If the offender is convicted of committing or attempting to
418 commit any felony other than those enumerated in s. 775.087(2)
419 while having in his or her possession: a firearm as defined in
420 s. 790.001(6), an additional eighteen (18) sentence points are
421 assessed; or if the offender is convicted of committing or
422 attempting to commit any felony other than those enumerated in
423 s. 775.087(3) while having in his or her possession a
424 semiautomatic firearm as defined in s. 775.087(3) or a machine
425 gun as defined in s. 790.001(9), an additional twenty-five (25)
426 sentence points are assessed.
427
428 Sentencing multipliers:
429
430 Drug trafficking: If the primary offense is drug trafficking
431 under s. 893.135, the subtotal sentence points are multiplied,
432 at the discretion of the court, for a level 7 or level 8
433 offense, by 1.5. The state attorney may move the sentencing
434 court to reduce or suspend the sentence of a person convicted of
435 a level 7 or level 8 offense, if the offender provides
436 substantial assistance as described in s. 893.135(4).
437
438 Law enforcement protection: If the primary offense is a
439 violation of the Law Enforcement Protection Act under s.
440 775.0823(2), (3), or (4), the subtotal sentence points are
441 multiplied by 2.5. If the primary offense is a violation of s.
442 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
443 are multiplied by 2.0. If the primary offense is a violation of
444 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
445 Protection Act under s. 775.0823(10) or (11), the subtotal
446 sentence points are multiplied by 1.5.
447
448 Grand theft of a motor vehicle: If the primary offense is grand
449 theft of the third degree involving a motor vehicle and in the
450 offender’s prior record, there are three or more grand thefts of
451 the third degree involving a motor vehicle, the subtotal
452 sentence points are multiplied by 1.5.
453
454 Offense related to a criminal gang: If the offender is convicted
455 of the primary offense and committed that offense for the
456 purpose of benefiting, promoting, or furthering the interests of
457 a criminal gang as defined in s. 874.03 prohibited under s.
458 874.04, the subtotal sentence points are multiplied by 1.5.
459
460 Domestic violence in the presence of a child: If the offender is
461 convicted of the primary offense and the primary offense is a
462 crime of domestic violence, as defined in s. 741.28, which was
463 committed in the presence of a child under 16 years of age who
464 is a family or household member as defined in s. 741.28(3) with
465 the victim or perpetrator, the subtotal sentence points are
466 multiplied by 1.5.
467 Section 7. This act shall take effect October 1, 2012.