Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1880
Barcode 176398
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/01/2012 .
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The Committee on Criminal Justice (Margolis) recommended the
following:
1 Senate Amendment (with title amendment)
2
3
4
5 Delete everything after the enacting clause
6 and insert:
7 Section 1. Paragraph (a) of subsection (1) of section
8 16.56, Florida Statutes, is amended to read:
9 16.56 Office of Statewide Prosecution.—
10 (1) There is created in the Department of Legal Affairs an
11 Office of Statewide Prosecution. The office shall be a separate
12 “budget entity” as that term is defined in chapter 216. The
13 office may:
14 (a) Investigate and prosecute the offenses of:
15 1. Bribery, burglary, criminal usury, extortion, gambling,
16 kidnapping, larceny, murder, prostitution, perjury, robbery,
17 carjacking, and home-invasion robbery;
18 2. Any crime involving narcotic or other dangerous drugs;
19 3. Any violation of the provisions of the Florida RICO
20 (Racketeer Influenced and Corrupt Organization) Act, including
21 any offense listed in the definition of racketeering activity in
22 s. 895.02(1)(a), providing such listed offense is investigated
23 in connection with a violation of s. 895.03 and is charged in a
24 separate count of an information or indictment containing a
25 count charging a violation of s. 895.03, the prosecution of
26 which listed offense may continue independently if the
27 prosecution of the violation of s. 895.03 is terminated for any
28 reason;
29 4. Any violation of the provisions of the Florida Anti
30 Fencing Act;
31 5. Any violation of the provisions of the Florida Antitrust
32 Act of 1980, as amended;
33 6. Any crime involving, or resulting in, fraud or deceit
34 upon any person;
35 7. Any violation of s. 847.0135, relating to computer
36 pornography and child exploitation prevention, or any offense
37 related to a violation of s. 847.0135 or any violation of
38 chapter 827 where the crime is facilitated by or connected to
39 the use of the Internet or any device capable of electronic data
40 storage or transmission;
41 8. Any violation of the provisions of chapter 815;
42 9. Any criminal violation of part I of chapter 499;
43 10. Any violation of the provisions of the Florida Motor
44 Fuel Tax Relief Act of 2004;
45 11. Any criminal violation of s. 409.920 or s. 409.9201;
46 12. Any crime involving voter registration, voting, or
47 candidate or issue petition activities;
48 13. Any criminal violation of the Florida Money Laundering
49 Act; or
50 14. Any criminal violation of the Florida Securities and
51 Investor Protection Act; or
52 15. Any violation of the provisions of chapter 787, as well
53 as any and all offenses related to a violation of the provisions
54 of chapter 787;
55
56 or any attempt, solicitation, or conspiracy to commit any of the
57 crimes specifically enumerated above. The office shall have such
58 power only when any such offense is occurring, or has occurred,
59 in two or more judicial circuits as part of a related
60 transaction, or when any such offense is connected with an
61 organized criminal conspiracy affecting two or more judicial
62 circuits. Informations or indictments charging such offenses
63 shall contain general allegations stating the judicial circuits
64 and counties in which crimes are alleged to have occurred or the
65 judicial circuits and counties in which crimes affecting such
66 circuits or counties are alleged to have been connected with an
67 organized criminal conspiracy.
68 Section 2. Section 480.0535, Florida Statutes, is created
69 to read:
70 480.0535 Documents required while working in a massage
71 establishment.—
72 (1) In order to provide the department and law enforcement
73 agencies the means to more effectively identify, investigate,
74 and arrest persons engaging in human trafficking, a person
75 employed by a massage establishment and any person performing
76 massage therein must immediately present, upon the request of an
77 investigator of the department or a law enforcement officer,
78 valid government identification while in the establishment. A
79 valid government identification for the purposes of this section
80 is:
81 (a) A valid, unexpired driver license issued by any state,
82 territory, or district of the United States;
83 (b) A valid, unexpired identification card issued by any
84 state, territory, or district of the United States;
85 (c) A valid, unexpired United States passport;
86 (d) A naturalization certificate issued by the United
87 States Department of Homeland Security;
88 (e) A valid, unexpired alien registration receipt card
89 (green card); or
90 (f) A valid, unexpired employment authorization card issued
91 by the United States Department of Homeland Security.
92 (2) A person operating a massage establishment must:
93 (a) Immediately present, upon the request of an
94 investigator of the department or a law enforcement officer:
95 1. Valid government identification while in the
96 establishment.
97 2. A copy of the documentation specified in paragraph
98 (1)(a) for each employee and any person performing massage in
99 the establishment.
100 (b) Ensure that each employee and any person performing
101 massage in the massage establishment is able to immediately
102 present, upon the request of an investigator of the department
103 or a law enforcement officer, valid government identification
104 while in the establishment.
105 (3) A person who violates any provision of this section
106 commits:
107 (a) For a first violation, a misdemeanor of the second
108 degree, punishable as provided in s. 775.082 or s. 775.083.
109 (b) For a second violation, a misdemeanor of the first
110 degree, punishable as provided in s. 775.082 or s. 775.083.
111 (c) For a third or subsequent violation, a felony of the
112 third degree, punishable as provided in s. 775.082, s. 775.083,
113 or s. 775.084.
114 Section 3. Paragraph (a) of subsection (4) of section
115 775.21, Florida Statutes, is amended to read:
116 775.21 The Florida Sexual Predators Act.—
117 (4) SEXUAL PREDATOR CRITERIA.—
118 (a) For a current offense committed on or after October 1,
119 1993, upon conviction, an offender shall be designated as a
120 “sexual predator” under subsection (5), and subject to
121 registration under subsection (6) and community and public
122 notification under subsection (7) if:
123 1. The felony is:
124 a. A capital, life, or first-degree felony violation, or
125 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
126 is a minor and the defendant is not the victim’s parent or
127 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
128 violation of a similar law of another jurisdiction; or
129 b. Any felony violation, or any attempt thereof, of s.
130 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
131 minor and the defendant is not the victim’s parent or guardian;
132 s. 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
133 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
134 825.1025(2)(b); s. 827.071; s. 847.0135(5); s. 847.0145; or s.
135 985.701(1); or a violation of a similar law of another
136 jurisdiction, and the offender has previously been convicted of
137 or found to have committed, or has pled nolo contendere or
138 guilty to, regardless of adjudication, any violation of s.
139 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
140 minor and the defendant is not the victim’s parent or guardian;
141 s. 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
142 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
143 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
144 847.0135(6); s. 847.0145; or s. 985.701(1); or a violation of a
145 similar law of another jurisdiction;
146 2. The offender has not received a pardon for any felony or
147 similar law of another jurisdiction that is necessary for the
148 operation of this paragraph; and
149 3. A conviction of a felony or similar law of another
150 jurisdiction necessary to the operation of this paragraph has
151 not been set aside in any postconviction proceeding.
152 Section 4. Section 787.05, Florida Statutes, is repealed.
153 Section 5. Section 787.06, Florida Statutes, is amended to
154 read:
155 787.06 Human trafficking.—
156 (1)(a) The Legislature finds that human trafficking is a
157 form of modern-day slavery. Victims of human trafficking are
158 young children, teenagers, and adults. Thousands of victims are
159 trafficked annually across international borders worldwide. Many
160 of these victims are trafficked into this state. Victims of
161 human trafficking also include citizens of the United States and
162 those persons trafficked domestically within the borders of the
163 United States. The Legislature finds that victims of human
164 trafficking are subjected to force, fraud, or coercion for the
165 purpose of sexual exploitation or forced labor.
166 (b) The Legislature finds that while many victims of human
167 trafficking are forced to work in prostitution or the sexual
168 entertainment industry, trafficking also occurs in forms of
169 labor exploitation, such as domestic servitude, restaurant work,
170 janitorial work, sweatshop factory work, and migrant
171 agricultural work.
172 (c) The Legislature finds that traffickers use various
173 techniques to instill fear in victims and to keep them enslaved.
174 Some traffickers keep their victims under lock and key. However,
175 the most frequently used practices are less obvious techniques
176 that include isolating victims from the public and family
177 members; confiscating passports, visas, or other identification
178 documents; using or threatening to use violence toward victims
179 or their families; telling victims that they will be imprisoned
180 or deported for immigration violations if they contact
181 authorities; and controlling the victims’ funds by holding the
182 money ostensibly for safekeeping.
183 (d) It is the intent of the Legislature that the
184 perpetrators of human trafficking be penalized for their illegal
185 conduct and that the victims of trafficking be protected and
186 assisted by this state and its agencies. In furtherance of this
187 policy, it is the intent of the Legislature that the state
188 Supreme Court, The Florida Bar, and relevant state agencies
189 prepare and implement training programs in order that judges,
190 attorneys, law enforcement personnel, investigators, and others
191 are able to identify traffickers and victims of human
192 trafficking and direct victims to appropriate agencies for
193 assistance. It is the intent of the Legislature that the
194 Department of Children and Family Services and other state
195 agencies cooperate with other state and federal agencies to
196 ensure that victims of human trafficking can access social
197 services and benefits to alleviate their plight.
198 (2) As used in this section, the term:
199 (a) “Financial harm” includes extortionate extension of
200 credit, loan sharking as defined in s. 687.071, or employment
201 contracts that violate the statute of frauds as provided in s.
202 725.01.
203 (a)(b) “Coercion” “Forced labor or services” means labor or
204 services obtained from a person by:
205 1. Using or threatening to use physical force against any
206 that person or another person;
207 2. Restraining, isolating, or confining or threatening to
208 restrain, isolate, or confine any that person or another person
209 without lawful authority and against her or his will;
210 3. Using lending or other credit methods to establish a
211 debt by any that person or another person when labor or services
212 are pledged as a security for the debt, if the value of the
213 labor or services as reasonably assessed is not applied toward
214 the liquidation of the debt, the length and nature of the labor
215 or services are not respectively limited and defined;
216 4. Destroying, concealing, removing, confiscating,
217 withholding, or possessing any actual or purported passport,
218 visa, or other immigration document, or any other actual or
219 purported government identification document, of any that person
220 or another person;
221 5. Causing or threatening to cause financial harm to any
222 person; or
223 6. Enticing or luring any person by fraud or deceit
224 coercion; or
225 7. Providing a controlled substance as outlined in Schedule
226 I or Schedule II of s. 893.03 to any person for the purpose of
227 exploitation of that person.
228 (b) “Commercial sexual activity” means any violation of
229 chapter 796 or an attempt to commit any such offense, and
230 includes sexually explicit performances and the production of
231 pornography.
232 (c) “Financial harm” includes extortionate extension of
233 credit, loan sharking as defined in s. 687.071, or employment
234 contracts that violate the statute of frauds as provided in s.
235 725.01.
236 (d)(c) “Human trafficking” means transporting, soliciting,
237 recruiting, harboring, providing, enticing, maintaining, or
238 obtaining another person for the purpose of exploitation of that
239 person for transport.
240 (e) “Labor” means work of economic or financial value.
241 (f)(d) “Maintain,” means, when used in relation to labor or
242 services, means to secure or make possible continued performance
243 thereof, regardless of any initial agreement on the part of the
244 victim to perform such type service.
245 (g) “Obtain” means, in relation to labor or services, to
246 secure performance thereof.
247 (h) “Services” means any act committed at the behest of,
248 under the supervision of, or for the benefit of another. The
249 term includes, but is not limited to, forced marriage,
250 servitude, or the removal of organs.
251 (i) “Sexually explicit performance” means an act or show,
252 whether public or private, that is live, photographed, recorded,
253 or videotaped and intended to arouse or satisfy the sexual
254 desires or appeal to the prurient interest.
255 (j) “Unauthorized alien” means an alien who is not
256 authorized under federal law to be employed in the United
257 States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
258 be interpreted consistently with that section and any applicable
259 federal rules or regulations.
260 (k) “Venture” means any group of two or more individuals
261 associated in fact, whether or not a legal entity.
262 (3) Any person who knowingly, or in reckless disregard of
263 the facts, engages in, or attempts to engage in, or benefits
264 financially by receiving anything of value from participation in
265 a venture that has subjected a person to human trafficking:
266 (a) Using coercion for labor or services Engages, or
267 attempts to engage, in human trafficking with the intent or
268 knowledge that the trafficked person will be subjected to forced
269 labor or services; or
270 (b) Benefits financially by receiving anything of value
271 from participation in a venture that has subjected a person to
272 forced labor or services; commits a felony of the first second
273 degree, punishable as provided in s. 775.082, s. 775.083, or s.
274 775.084.
275 (b) Using coercion for commercial sexual activity commits a
276 felony of the first degree, punishable as provided in s.
277 775.082, s. 775.083, or s. 775.084.
278 (c) Using coercion for labor or services of any individual
279 who is an unauthorized alien commits a felony of the first
280 degree, punishable as provided in s. 775.082, s. 775.083, or s.
281 775.084.
282 (d) Using coercion for commercial sexual activity of any
283 individual who is an unauthorized alien commits a felony of the
284 first degree, punishable as provided in s. 775.082, s. 775.083,
285 or s. 775.084.
286 (e) Using coercion for labor or services who does so by the
287 transfer or transport of any individual from outside this state
288 to within the state commits a felony of the first degree,
289 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
290 (f) Using coercion for commercial sexual activity who does
291 so by the transfer or transport of any individual from outside
292 this state to within the state commits a felony of the first
293 degree, punishable as provided in s. 775.082, s. 775.083, or s.
294 775.084.
295 (g) For commercial sexual activity in which any child under
296 the age of 18 is involved commits a felony of the first degree,
297 punishable by imprisonment for a term of years not exceeding
298 life, or as provided in s. 775.082, s. 775.083, or s. 775.084.
299 In a prosecution under this paragraph in which the defendant had
300 a reasonable opportunity to observe the person who was subject
301 to human trafficking, the state need not prove that the
302 defendant knew that the person had not attained the age of 18
303 years.
304 (h) For commercial sexual activity in which any child under
305 the age of 15 is involved commits a life felony, punishable as
306 provided in s. 775.082, s. 775.083, or s. 775.084. In a
307 prosecution under this paragraph in which the defendant had a
308 reasonable opportunity to observe the person who was subject to
309 human trafficking, the state need not prove that the defendant
310 knew that the person had not attained the age of 15 years.
311
312 For each instance of human trafficking of any individual under
313 this subsection, a separate crime is committed and a separate
314 punishment is authorized.
315 (4) Any parent, legal guardian, or other person having
316 custody or control of a minor who sells or otherwise transfers
317 custody or control of such minor, or offers to sell or otherwise
318 transfer custody of such minor, with knowledge or in reckless
319 disregard of the fact that, as a consequence of the sale or
320 transfer, the minor will be subject to human trafficking commits
321 a first degree felony, punishable as provided in s. 775.082, s.
322 775.083, or s. 775.084.
323 (5)(4) The Criminal Justice Standards and Training
324 Commission shall establish standards for basic and advanced
325 training programs for law enforcement officers in the subjects
326 of investigating and preventing human trafficking crimes. After
327 January 1, 2007, Every basic skills course required for law
328 enforcement officers to obtain initial certification must
329 include training on human trafficking crime prevention and
330 investigation.
331 (6)(5) Each state attorney shall develop standards of
332 instruction for prosecutors to receive training on the
333 investigation and prosecution of human trafficking crimes and
334 shall provide for periodic and timely instruction.
335 (7) Any real property or personal property that was used,
336 attempted to be used, or intended to be used in violation of any
337 provision of this section may be seized and shall be forfeited
338 subject to the provisions of the Florida Contraband Forfeiture
339 Act.
340 Section 6. Section 787.07, Florida Statutes, is amended to
341 read:
342 787.07 Human smuggling.—
343 (1) A person who transports into this state an individual
344 who the person knows, or should know, is illegally entering the
345 United States from another country commits a felony misdemeanor
346 of the third first degree, punishable as provided in s. 775.082,
347 or s. 775.083, or s. 775.084.
348 (2) A person commits a separate offense for each individual
349 he or she transports into this state in violation of this
350 section.
351 Section 7. Section 796.035, Florida Statutes, is amended to
352 read:
353 796.035 Selling or buying of minors into sex trafficking or
354 prostitution; penalties.—Any parent, legal guardian, or other
355 person having custody or control of a minor who sells or
356 otherwise transfers custody or control of such minor, or offers
357 to sell or otherwise transfer custody of such minor, with
358 knowledge or in reckless disregard of the fact that, as a
359 consequence of the sale or transfer, the minor will engage in
360 prostitution, perform naked for compensation, or otherwise
361 participate in the trade of sex trafficking, commits a felony of
362 the first degree, punishable as provided in s. 775.082, s.
363 775.083, or s. 775.084.
364 Section 8. Section 796.045, Florida Statutes, is repealed.
365 Section 9. Subsections (11) and (12) of section 905.34,
366 Florida Statutes, are amended, and subsection (13) is added to
367 that section, to read:
368 905.34 Powers and duties; law applicable.—The jurisdiction
369 of a statewide grand jury impaneled under this chapter shall
370 extend throughout the state. The subject matter jurisdiction of
371 the statewide grand jury shall be limited to the offenses of:
372 (11) Any criminal violation of the Florida Money Laundering
373 Act; or
374 (12) Any criminal violation of the Florida Securities and
375 Investor Protection Act; or
376 (13) Any violation of chapter 787, as well as any and all
377 offenses related to a violation of chapter 787;
378
379 or any attempt, solicitation, or conspiracy to commit any
380 violation of the crimes specifically enumerated above, when any
381 such offense is occurring, or has occurred, in two or more
382 judicial circuits as part of a related transaction or when any
383 such offense is connected with an organized criminal conspiracy
384 affecting two or more judicial circuits. The statewide grand
385 jury may return indictments and presentments irrespective of the
386 county or judicial circuit where the offense is committed or
387 triable. If an indictment is returned, it shall be certified and
388 transferred for trial to the county where the offense was
389 committed. The powers and duties of, and law applicable to,
390 county grand juries shall apply to a statewide grand jury except
391 when such powers, duties, and law are inconsistent with the
392 provisions of ss. 905.31-905.40.
393 Section 10. Paragraph (a) of subsection (1) of section
394 934.07, Florida Statutes, is amended to read:
395 934.07 Authorization for interception of wire, oral, or
396 electronic communications.—
397 (1) The Governor, the Attorney General, the statewide
398 prosecutor, or any state attorney may authorize an application
399 to a judge of competent jurisdiction for, and such judge may
400 grant in conformity with ss. 934.03-934.09 an order authorizing
401 or approving the interception of, wire, oral, or electronic
402 communications by:
403 (a) The Department of Law Enforcement or any law
404 enforcement agency as defined in s. 934.02 having responsibility
405 for the investigation of the offense as to which the application
406 is made when such interception may provide or has provided
407 evidence of the commission of the offense of murder, kidnapping,
408 aircraft piracy, arson, gambling, robbery, burglary, theft,
409 dealing in stolen property, criminal usury, bribery, or
410 extortion; any felony violation of ss. 790.161-790.166,
411 inclusive; any violation of s. 787.06; any violation of chapter
412 893; any violation of the provisions of the Florida Anti-Fencing
413 Act; any violation of chapter 895; any violation of chapter 896;
414 any violation of chapter 815; any violation of chapter 847; any
415 violation of s. 827.071; any violation of s. 944.40; or any
416 conspiracy or solicitation to commit any violation of the laws
417 of this state relating to the crimes specifically enumerated in
418 this paragraph.
419 Section 11. Paragraph (a) of subsection (1) of section
420 943.0435, Florida Statutes, is amended to read:
421 943.0435 Sexual offenders required to register with the
422 department; penalty.—
423 (1) As used in this section, the term:
424 (a)1. “Sexual offender” means a person who meets the
425 criteria in sub-subparagraph a., sub-subparagraph b., sub
426 subparagraph c., or sub-subparagraph d., as follows:
427 a.(I) Has been convicted of committing, or attempting,
428 soliciting, or conspiring to commit, any of the criminal
429 offenses proscribed in the following statutes in this state or
430 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
431 or s. 787.025(2)(c), where the victim is a minor and the
432 defendant is not the victim’s parent or guardian; s.
433 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
434 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
435 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
436 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
437 985.701(1); or any similar offense committed in this state which
438 has been redesignated from a former statute number to one of
439 those listed in this sub-sub-subparagraph; and
440 (II) Has been released on or after October 1, 1997, from
441 the sanction imposed for any conviction of an offense described
442 in sub-sub-subparagraph (I). For purposes of sub-sub
443 subparagraph (I), a sanction imposed in this state or in any
444 other jurisdiction includes, but is not limited to, a fine,
445 probation, community control, parole, conditional release,
446 control release, or incarceration in a state prison, federal
447 prison, private correctional facility, or local detention
448 facility;
449 b. Establishes or maintains a residence in this state and
450 who has not been designated as a sexual predator by a court of
451 this state but who has been designated as a sexual predator, as
452 a sexually violent predator, or by another sexual offender
453 designation in another state or jurisdiction and was, as a
454 result of such designation, subjected to registration or
455 community or public notification, or both, or would be if the
456 person were a resident of that state or jurisdiction, without
457 regard to whether the person otherwise meets the criteria for
458 registration as a sexual offender;
459 c. Establishes or maintains a residence in this state who
460 is in the custody or control of, or under the supervision of,
461 any other state or jurisdiction as a result of a conviction for
462 committing, or attempting, soliciting, or conspiring to commit,
463 any of the criminal offenses proscribed in the following
464 statutes or similar offense in another jurisdiction: s. 787.01,
465 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
466 the defendant is not the victim’s parent or guardian; s.
467 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
468 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
469 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
470 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
471 985.701(1); or any similar offense committed in this state which
472 has been redesignated from a former statute number to one of
473 those listed in this sub-subparagraph; or
474 d. On or after July 1, 2007, has been adjudicated
475 delinquent for committing, or attempting, soliciting, or
476 conspiring to commit, any of the criminal offenses proscribed in
477 the following statutes in this state or similar offenses in
478 another jurisdiction when the juvenile was 14 years of age or
479 older at the time of the offense:
480 (I) Section 794.011, excluding s. 794.011(10);
481 (II) Section 800.04(4)(b) where the victim is under 12
482 years of age or where the court finds sexual activity by the use
483 of force or coercion;
484 (III) Section 800.04(5)(c)1. where the court finds
485 molestation involving unclothed genitals; or
486 (IV) Section 800.04(5)(d) where the court finds the use of
487 force or coercion and unclothed genitals.
488 2. For all qualifying offenses listed in sub-subparagraph
489 (1)(a)1.d., the court shall make a written finding of the age of
490 the offender at the time of the offense.
491
492 For each violation of a qualifying offense listed in this
493 subsection, the court shall make a written finding of the age of
494 the victim at the time of the offense. For a violation of s.
495 800.04(4), the court shall additionally make a written finding
496 indicating that the offense did or did not involve sexual
497 activity and indicating that the offense did or did not involve
498 force or coercion. For a violation of s. 800.04(5), the court
499 shall additionally make a written finding that the offense did
500 or did not involve unclothed genitals or genital area and that
501 the offense did or did not involve the use of force or coercion.
502 Section 12. Paragraph (b) of subsection (1) of section
503 944.606, Florida Statutes, is amended to read:
504 944.606 Sexual offenders; notification upon release.—
505 (1) As used in this section:
506 (b) “Sexual offender” means a person who has been convicted
507 of committing, or attempting, soliciting, or conspiring to
508 commit, any of the criminal offenses proscribed in the following
509 statutes in this state or similar offenses in another
510 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
511 the victim is a minor and the defendant is not the victim’s
512 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
513 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
514 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
515 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
516 847.0145; or s. 985.701(1); or any similar offense committed in
517 this state which has been redesignated from a former statute
518 number to one of those listed in this subsection, when the
519 department has received verified information regarding such
520 conviction; an offender’s computerized criminal history record
521 is not, in and of itself, verified information.
522 Section 13. Paragraph (a) of subsection (1) of section
523 944.607, Florida Statutes, is amended to read:
524 944.607 Notification to Department of Law Enforcement of
525 information on sexual offenders.—
526 (1) As used in this section, the term:
527 (a) “Sexual offender” means a person who is in the custody
528 or control of, or under the supervision of, the department or is
529 in the custody of a private correctional facility:
530 1. On or after October 1, 1997, as a result of a conviction
531 for committing, or attempting, soliciting, or conspiring to
532 commit, any of the criminal offenses proscribed in the following
533 statutes in this state or similar offenses in another
534 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
535 the victim is a minor and the defendant is not the victim’s
536 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
537 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
538 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
539 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
540 847.0145; or s. 985.701(1); or any similar offense committed in
541 this state which has been redesignated from a former statute
542 number to one of those listed in this paragraph; or
543 2. Who establishes or maintains a residence in this state
544 and who has not been designated as a sexual predator by a court
545 of this state but who has been designated as a sexual predator,
546 as a sexually violent predator, or by another sexual offender
547 designation in another state or jurisdiction and was, as a
548 result of such designation, subjected to registration or
549 community or public notification, or both, or would be if the
550 person were a resident of that state or jurisdiction, without
551 regard as to whether the person otherwise meets the criteria for
552 registration as a sexual offender.
553 Section 14. Paragraphs (b) and (c) of subsection (2) of
554 section 90.404, Florida Statutes, are amended to read:
555 90.404 Character evidence; when admissible.—
556 (2) OTHER CRIMES, WRONGS, OR ACTS.—
557 (b)1. In a criminal case in which the defendant is charged
558 with a crime involving child molestation, evidence of the
559 defendant’s commission of other crimes, wrongs, or acts of child
560 molestation is admissible and may be considered for its bearing
561 on any matter to which it is relevant.
562 2. For the purposes of this paragraph, the term “child
563 molestation” means conduct proscribed by s. 787.025(2)(c), s.
564 787.06(3)(g) and (h), s. 794.011, excluding s. 794.011(10), s.
565 794.05, s. 796.03, s. 796.035, s. 796.045, s. 800.04, s.
566 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when
567 committed against a person 16 years of age or younger.
568 (c)1. In a criminal case in which the defendant is charged
569 with a sexual offense, evidence of the defendant’s commission of
570 other crimes, wrongs, or acts involving a sexual offense is
571 admissible and may be considered for its bearing on any matter
572 to which it is relevant.
573 2. For the purposes of this paragraph, the term “sexual
574 offense” means conduct proscribed by s. 787.025(2)(c), s.
575 787.06(3)(b), (d), (f), (g), or (h), s. 794.011, excluding s.
576 794.011(10), s. 794.05, s. 796.03, s. 796.035, s. 796.045, s.
577 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s.
578 985.701(1).
579 Section 15. Paragraph (a) of subsection (1) of section
580 772.102, Florida Statutes, is amended to read:
581 772.102 Definitions.—As used in this chapter, the term:
582 (1) “Criminal activity” means to commit, to attempt to
583 commit, to conspire to commit, or to solicit, coerce, or
584 intimidate another person to commit:
585 (a) Any crime that is chargeable by indictment or
586 information under the following provisions:
587 1. Section 210.18, relating to evasion of payment of
588 cigarette taxes.
589 2. Section 414.39, relating to public assistance fraud.
590 3. Section 440.105 or s. 440.106, relating to workers’
591 compensation.
592 4. Part IV of chapter 501, relating to telemarketing.
593 5. Chapter 517, relating to securities transactions.
594 6. Section 550.235 or s. 550.3551, relating to dogracing
595 and horseracing.
596 7. Chapter 550, relating to jai alai frontons.
597 8. Chapter 552, relating to the manufacture, distribution,
598 and use of explosives.
599 9. Chapter 562, relating to beverage law enforcement.
600 10. Section 624.401, relating to transacting insurance
601 without a certificate of authority, s. 624.437(4)(c)1., relating
602 to operating an unauthorized multiple-employer welfare
603 arrangement, or s. 626.902(1)(b), relating to representing or
604 aiding an unauthorized insurer.
605 11. Chapter 687, relating to interest and usurious
606 practices.
607 12. Section 721.08, s. 721.09, or s. 721.13, relating to
608 real estate timeshare plans.
609 13. Chapter 782, relating to homicide.
610 14. Chapter 784, relating to assault and battery.
611 15. Chapter 787, relating to kidnapping or human
612 trafficking.
613 16. Chapter 790, relating to weapons and firearms.
614 17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
615 796.07, relating to prostitution.
616 18. Chapter 806, relating to arson.
617 19. Section 810.02(2)(c), relating to specified burglary of
618 a dwelling or structure.
619 20. Chapter 812, relating to theft, robbery, and related
620 crimes.
621 21. Chapter 815, relating to computer-related crimes.
622 22. Chapter 817, relating to fraudulent practices, false
623 pretenses, fraud generally, and credit card crimes.
624 23. Section 827.071, relating to commercial sexual
625 exploitation of children.
626 24. Chapter 831, relating to forgery and counterfeiting.
627 25. Chapter 832, relating to issuance of worthless checks
628 and drafts.
629 26. Section 836.05, relating to extortion.
630 27. Chapter 837, relating to perjury.
631 28. Chapter 838, relating to bribery and misuse of public
632 office.
633 29. Chapter 843, relating to obstruction of justice.
634 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
635 s. 847.07, relating to obscene literature and profanity.
636 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
637 849.25, relating to gambling.
638 32. Chapter 893, relating to drug abuse prevention and
639 control.
640 33. Section 914.22 or s. 914.23, relating to witnesses,
641 victims, or informants.
642 34. Section 918.12 or s. 918.13, relating to tampering with
643 jurors and evidence.
644 Section 16. Subsection (1) of section 794.056, Florida
645 Statutes, is amended to read:
646 794.056 Rape Crisis Program Trust Fund.—
647 (1) The Rape Crisis Program Trust Fund is created within
648 the Department of Health for the purpose of providing funds for
649 rape crisis centers in this state. Trust fund moneys shall be
650 used exclusively for the purpose of providing services for
651 victims of sexual assault. Funds credited to the trust fund
652 consist of those funds collected as an additional court
653 assessment in each case in which a defendant pleads guilty or
654 nolo contendere to, or is found guilty of, regardless of
655 adjudication, an offense provided in s. 775.21(6) and (10)(a),
656 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
657 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
658 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
659 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
660 s. 796.03; s. 796.035; s. 796.04; s. 796.045; s. 796.05; s.
661 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
662 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
663 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
664 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
665 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
666 fund also shall include revenues provided by law, moneys
667 appropriated by the Legislature, and grants from public or
668 private entities.
669 Section 17. Paragraph (a) of subsection (1) of section
670 895.02, Florida Statutes, is amended to read:
671 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
672 (1) “Racketeering activity” means to commit, to attempt to
673 commit, to conspire to commit, or to solicit, coerce, or
674 intimidate another person to commit:
675 (a) Any crime that is chargeable by petition, indictment,
676 or information under the following provisions of the Florida
677 Statutes:
678 1. Section 210.18, relating to evasion of payment of
679 cigarette taxes.
680 2. Section 316.1935, relating to fleeing or attempting to
681 elude a law enforcement officer and aggravated fleeing or
682 eluding.
683 3. Section 403.727(3)(b), relating to environmental
684 control.
685 4. Section 409.920 or s. 409.9201, relating to Medicaid
686 fraud.
687 5. Section 414.39, relating to public assistance fraud.
688 6. Section 440.105 or s. 440.106, relating to workers’
689 compensation.
690 7. Section 443.071(4), relating to creation of a fictitious
691 employer scheme to commit unemployment compensation fraud.
692 8. Section 465.0161, relating to distribution of medicinal
693 drugs without a permit as an Internet pharmacy.
694 9. Section 499.0051, relating to crimes involving
695 contraband and adulterated drugs.
696 10. Part IV of chapter 501, relating to telemarketing.
697 11. Chapter 517, relating to sale of securities and
698 investor protection.
699 12. Section 550.235 or s. 550.3551, relating to dogracing
700 and horseracing.
701 13. Chapter 550, relating to jai alai frontons.
702 14. Section 551.109, relating to slot machine gaming.
703 15. Chapter 552, relating to the manufacture, distribution,
704 and use of explosives.
705 16. Chapter 560, relating to money transmitters, if the
706 violation is punishable as a felony.
707 17. Chapter 562, relating to beverage law enforcement.
708 18. Section 624.401, relating to transacting insurance
709 without a certificate of authority, s. 624.437(4)(c)1., relating
710 to operating an unauthorized multiple-employer welfare
711 arrangement, or s. 626.902(1)(b), relating to representing or
712 aiding an unauthorized insurer.
713 19. Section 655.50, relating to reports of currency
714 transactions, when such violation is punishable as a felony.
715 20. Chapter 687, relating to interest and usurious
716 practices.
717 21. Section 721.08, s. 721.09, or s. 721.13, relating to
718 real estate timeshare plans.
719 22. Section 775.13(5)(b), relating to registration of
720 persons found to have committed any offense for the purpose of
721 benefiting, promoting, or furthering the interests of a criminal
722 gang.
723 23. Section 777.03, relating to commission of crimes by
724 accessories after the fact.
725 24. Chapter 782, relating to homicide.
726 25. Chapter 784, relating to assault and battery.
727 26. Chapter 787, relating to kidnapping or human
728 trafficking.
729 27. Chapter 790, relating to weapons and firearms.
730 28. Chapter 794, relating to sexual battery, but only if
731 such crime was committed with the intent to benefit, promote, or
732 further the interests of a criminal gang, or for the purpose of
733 increasing a criminal gang member’s own standing or position
734 within a criminal gang.
735 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
736 796.05, or s. 796.07, relating to prostitution and sex
737 trafficking.
738 30. Chapter 806, relating to arson and criminal mischief.
739 31. Chapter 810, relating to burglary and trespass.
740 32. Chapter 812, relating to theft, robbery, and related
741 crimes.
742 33. Chapter 815, relating to computer-related crimes.
743 34. Chapter 817, relating to fraudulent practices, false
744 pretenses, fraud generally, and credit card crimes.
745 35. Chapter 825, relating to abuse, neglect, or
746 exploitation of an elderly person or disabled adult.
747 36. Section 827.071, relating to commercial sexual
748 exploitation of children.
749 37. Chapter 831, relating to forgery and counterfeiting.
750 38. Chapter 832, relating to issuance of worthless checks
751 and drafts.
752 39. Section 836.05, relating to extortion.
753 40. Chapter 837, relating to perjury.
754 41. Chapter 838, relating to bribery and misuse of public
755 office.
756 42. Chapter 843, relating to obstruction of justice.
757 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
758 s. 847.07, relating to obscene literature and profanity.
759 44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
760 849.25, relating to gambling.
761 45. Chapter 874, relating to criminal gangs.
762 46. Chapter 893, relating to drug abuse prevention and
763 control.
764 47. Chapter 896, relating to offenses related to financial
765 transactions.
766 48. Sections 914.22 and 914.23, relating to tampering with
767 or harassing a witness, victim, or informant, and retaliation
768 against a witness, victim, or informant.
769 49. Sections 918.12 and 918.13, relating to tampering with
770 jurors and evidence.
771 Section 18. Section 938.085, Florida Statutes, is amended
772 to read:
773 938.085 Additional cost to fund rape crisis centers.—In
774 addition to any sanction imposed when a person pleads guilty or
775 nolo contendere to, or is found guilty of, regardless of
776 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
777 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
778 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
779 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
780 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
781 s. 796.035; s. 796.04; s. 796.045; s. 796.05; s. 796.06; s.
782 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
783 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
784 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
785 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
786 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
787 $151. Payment of the surcharge shall be a condition of
788 probation, community control, or any other court-ordered
789 supervision. The sum of $150 of the surcharge shall be deposited
790 into the Rape Crisis Program Trust Fund established within the
791 Department of Health by chapter 2003-140, Laws of Florida. The
792 clerk of the court shall retain $1 of each surcharge that the
793 clerk of the court collects as a service charge of the clerk’s
794 office.
795 Section 19. Paragraphs (d), (g), (h), (i), and (j) of
796 subsection (3) of section 921.0022, Florida Statutes, are
797 amended to read:
798 921.0022 Criminal Punishment Code; offense severity ranking
799 chart.—
800
801 (3) OFFENSE SEVERITY RANKING CHART
802 (d) LEVEL 4
803 FloridaStatute FelonyDegree Description
804 316.1935(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.
805 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
806 499.0051(2) 3rd Failure to authenticate pedigree papers.
807 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
808 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
809 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
810 784.075 3rd Battery on detention or commitment facility staff.
811 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
812 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
813 784.081(3) 3rd Battery on specified official or employee.
814 784.082(3) 3rd Battery by detained person on visitor or other detainee.
815 784.083(3) 3rd Battery on code inspector.
816 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
817 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
818 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
819 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
820 787.07 3rd Human smuggling.
821 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
822 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
823 790.115(2)(c) 3rd Possessing firearm on school property.
824 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
825 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
826 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
827 810.06 3rd Burglary; possession of tools.
828 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
829 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
830 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
831 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
832 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
833 817.568(2)(a) 3rd Fraudulent use of personal identification information.
834 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
835 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
836 837.02(1) 3rd Perjury in official proceedings.
837 837.021(1) 3rd Make contradictory statements in official proceedings.
838 838.022 3rd Official misconduct.
839 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
840 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
841 843.021 3rd Possession of a concealed handcuff key by a person in custody.
842 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
843 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
844 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
845 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
846 893.13(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).
847 914.14(2) 3rd Witnesses accepting bribes.
848 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
849 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
850 918.12 3rd Tampering with jurors.
851 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
852 (g) LEVEL 7
853 FloridaStatute FelonyDegree Description
854 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
855 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
856 316.1935(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.
857 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
858 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
859 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
860 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
861 456.065(2) 3rd Practicing a health care profession without a license.
862 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
863 458.327(1) 3rd Practicing medicine without a license.
864 459.013(1) 3rd Practicing osteopathic medicine without a license.
865 460.411(1) 3rd Practicing chiropractic medicine without a license.
866 461.012(1) 3rd Practicing podiatric medicine without a license.
867 462.17 3rd Practicing naturopathy without a license.
868 463.015(1) 3rd Practicing optometry without a license.
869 464.016(1) 3rd Practicing nursing without a license.
870 465.015(2) 3rd Practicing pharmacy without a license.
871 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
872 467.201 3rd Practicing midwifery without a license.
873 468.366 3rd Delivering respiratory care services without a license.
874 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
875 483.901(9) 3rd Practicing medical physics without a license.
876 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
877 484.053 3rd Dispensing hearing aids without a license.
878 494.0018(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.
879 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
880 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
881 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
882 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
883 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
884 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
885 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
886 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
887 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
888 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
889 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
890 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
891 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
892 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
893 784.048(7) 3rd Aggravated stalking; violation of court order.
894 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
895 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
896 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
897 784.081(1) 1st Aggravated battery on specified official or employee.
898 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
899 784.083(1) 1st Aggravated battery on code inspector.
900 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
901 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
902 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
903 790.16(1) 1st Discharge of a machine gun under specified circumstances.
904 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
905 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
906 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
907 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
908 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
909 794.08(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.
910 796.03 2nd Procuring any person under 16 years for prostitution.
911 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
912 800.04(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.
913 806.01(2) 2nd Maliciously damage structure by fire or explosive.
914 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
915 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
916 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
917 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
918 812.014(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.
919 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
920 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
921 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
922 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
923 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
924 812.131(2)(a) 2nd Robbery by sudden snatching.
925 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
926 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
927 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
928 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
929 817.2341 (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.
930 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
931 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
932 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
933 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
934 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
935 838.015 2nd Bribery.
936 838.016 2nd Unlawful compensation or reward for official behavior.
937 838.021(3)(a) 2nd Unlawful harm to a public servant.
938 838.22 2nd Bid tampering.
939 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
940 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
941 872.06 2nd Abuse of a dead human body.
942 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
943 893.13(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.
944 893.13(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.
945 893.13(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).
946 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
947 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
948 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
949 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
950 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
951 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
952 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
953 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
954 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
955 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
956 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
957 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
958 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
959 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
960 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
961 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
962 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
963 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
964 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
965 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
966 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
967 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
968 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
969 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
970 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
971 (h) LEVEL 8
972 FloridaStatute FelonyDegree Description
973 316.193 (3)(c)3.a. 2nd DUI manslaughter.
974 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
975 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
976 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
977 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
978 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
979 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
980 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
981 777.03(2)(a) 1st Accessory after the fact, capital felony.
982 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
983 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
984 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
985 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
986 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
987 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
988 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
989 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
990 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
991 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
992 800.04(4) 2nd Lewd or lascivious battery.
993 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
994 810.02(2)(a) 1st,PBL Burglary with assault or battery.
995 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
996 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
997 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
998 812.13(2)(b) 1st Robbery with a weapon.
999 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1000 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1001 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
1002 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1003 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
1004 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1005 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1006 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1007 860.16 1st Aircraft piracy.
1008 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1009 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1010 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1011 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1012 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1013 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1014 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
1015 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1016 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
1017 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1018 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1019 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1020 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1021 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1022 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1023 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1024 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1025 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1026 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
1027 (i) LEVEL 9
1028 FloridaStatute FelonyDegree Description
1029 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1030 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1031 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1032 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1033 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1034 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1035 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1036 775.0844 1st Aggravated white collar crime.
1037 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1038 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
1039 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1040 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1041 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1042 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1043 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1044 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.
1045 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1046 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1047 787.06(4) 1st Selling or buying of minors into human trafficking.
1048 790.161 1st Attempted capital destructive device offense.
1049 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1050 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1051 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1052 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1053 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1054 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1055 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1056 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1057 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1058 812.135(2)(b) 1st Home-invasion robbery with weapon.
1059 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.
1060 827.03(2) 1st Aggravated child abuse.
1061 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1062 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1063 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.
1064 893.135 1st Attempted capital trafficking offense.
1065 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1066 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1067 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1068 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1069 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1070 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1071 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1072 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1073 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1074 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1075 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1076 (j) LEVEL 10
1077 FloridaStatute FelonyDegree Description
1078 499.0051(10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death.
1079 782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
1080 782.07(3) 1st Aggravated manslaughter of a child.
1081 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
1082 787.01(3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1083 787.06(3)(h) Life Human trafficking for commercial sexual activity of a child under the age of 15.
1084 782.07(3) 1st Aggravated manslaughter of a child.
1085 794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
1086 812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
1087 876.32 1st Treason against the state.
1088
1089 Section 20. This act shall take effect July 1, 2012.
1090
1091 ================= T I T L E A M E N D M E N T ================
1092 And the title is amended as follows:
1093 Delete everything before the enacting clause
1094 and insert:
1095 A bill to be entitled
1096 An act relating to human trafficking; amending s.
1097 16.56, F.S.; adding violations of ch. 787, F.S., to
1098 the jurisdiction of the Office of Statewide
1099 Prosecution; creating s. 480.0535, F.S.; requiring an
1100 employee of a massage establishment and any person
1101 performing massage therein to present, upon request of
1102 an investigator, valid government identification while
1103 in the establishment; providing documentation
1104 requirements for the operator of a massage
1105 establishment; providing criminal penalties; amending
1106 s. 775.21, F.S.; adding additional offenses to the
1107 list of sexual predator qualifying offenses; repealing
1108 s. 787.05, F.S., relating to unlawfully obtaining
1109 labor or services; amending s. 787.06, F.S.; revising
1110 legislative findings relating to human trafficking;
1111 revising definitions; creating additional offenses
1112 relating to human trafficking; providing criminal
1113 penalties; increasing criminal penalties for certain
1114 offenses; providing for forfeiture of property used,
1115 attempted to be used, or intended to be used in
1116 violation of specified human trafficking provisions;
1117 amending s. 787.07, F.S.; increasing criminal penalty
1118 for human smuggling; amending s. 796.035, F.S.;
1119 revising provisions relating to selling or buying of
1120 minors into sex trafficking or prostitution; repealing
1121 s. 796.045, F.S., relating to sex trafficking;
1122 amending s. 905.34, F.S.; adding violations of ch.
1123 787, F.S., to the jurisdiction of a statewide grand
1124 jury; amending s. 934.07, F.S.; providing additional
1125 authorization for the interception of wire, oral, or
1126 electronic communications; amending ss. 943.0435,
1127 944.606, and 944.607, F.S.; adding additional offenses
1128 to the list of sexual offender qualifying offenses;
1129 amending ss. 90.404, 772.102, 794.056, 895.02, and
1130 938.085, F.S.; conforming cross-references; amending
1131 s. 921.0022, F.S.; ranking offenses on the sentencing
1132 guidelines chart of the Criminal Punishment Code;
1133 providing an effective date.