Florida Senate - 2012 SB 194
By Senator Wise
5-00062A-12 2012194__
1 A bill to be entitled
2 An act relating to assault or battery on a utility
3 worker; amending s. 784.07, F.S.; defining the term
4 “utility worker”; providing for reclassification of
5 certain offenses committed against a utility worker;
6 amending ss. 901.15, 943.051, 985.11, and 985.644,
7 F.S.; conforming provisions to changes made by the
8 act; reenacting and amending s. 921.0022(3)(d), (f),
9 and (g), F.S., relating to the offense severity
10 ranking chart of the Criminal Punishment Code, to
11 incorporate the amendment made to s. 784.07, F.S., in
12 references thereto; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 784.07, Florida Statutes, is amended to
17 read:
18 784.07 Assault or battery of law enforcement officers,
19 firefighters, emergency medical care providers, public transit
20 employees or agents, or other specified persons officers;
21 reclassification of offenses; minimum sentences.—
22 (1) As used in this section, the term:
23 (a) “Emergency medical care provider” means an ambulance
24 driver, emergency medical technician, paramedic, registered
25 nurse, physician as defined in s. 401.23, medical director as
26 defined in s. 401.23, or any person authorized by an emergency
27 medical service licensed under chapter 401 who is engaged in the
28 performance of his or her duties. The term “emergency medical
29 care provider” also includes physicians, employees, agents, or
30 volunteers of hospitals as defined in chapter 395, who are
31 employed, under contract, or otherwise authorized by a hospital
32 to perform duties directly associated with the care and
33 treatment rendered by the hospital’s emergency department or the
34 security thereof.
35 (b) “Firefighter” means any person employed by any public
36 employer of this state whose duty it is to extinguish fires; to
37 protect life or property; or to enforce municipal, county, and
38 state fire prevention codes, as well as any law pertaining to
39 the prevention and control of fires.
40 (c) “Law enforcement explorer” means any person who is a
41 current member of a law enforcement agency’s explorer program
42 and who is performing functions other than those required to be
43 performed by sworn law enforcement officers on behalf of a law
44 enforcement agency while under the direct physical supervision
45 of a sworn officer of that agency and wearing a uniform that
46 bears at least one patch that clearly identifies the law
47 enforcement agency that he or she represents.
48 (d) “Law enforcement officer” includes a law enforcement
49 officer, a correctional officer, a correctional probation
50 officer, a part-time law enforcement officer, a part-time
51 correctional officer, an auxiliary law enforcement officer, and
52 an auxiliary correctional officer, as those terms are
53 respectively defined in s. 943.10, and any county probation
54 officer; an employee or agent of the Department of Corrections
55 who supervises or provides services to inmates; an officer of
56 the Parole Commission; a federal law enforcement officer as
57 defined in s. 901.1505; and law enforcement personnel of the
58 Fish and Wildlife Conservation Commission, the Department of
59 Environmental Protection, or the Department of Law Enforcement.
60 (e) “Public transit employees or agents” means bus
61 operators, train operators, revenue collectors, security
62 personnel, equipment maintenance personnel, or field
63 supervisors, who are employees or agents of a transit agency as
64 described in s. 812.015(1)(l).
65 (f) “Utility worker” means a person under contract with or
66 employed by an entity that owns, operates, leases, or controls a
67 plant, property, or facility for the generation, transmission,
68 manufacture, production, supply, distribution, sale, storage,
69 conveyance, delivery, or furnishing to or for the public of
70 electricity, natural or manufactured gas, water, steam, sewage,
71 telephone, or communications service, including two or more
72 utilities rendering joint service.
73 (2) Whenever any person is charged with knowingly
74 committing an assault or battery upon a law enforcement officer,
75 a firefighter, an emergency medical care provider, a traffic
76 accident investigation officer as described in s. 316.640, a
77 nonsworn law enforcement agency employee who is certified as an
78 agency inspector, a blood alcohol analyst, or a breath test
79 operator while such employee is in uniform and engaged in
80 processing, testing, evaluating, analyzing, or transporting a
81 person who is detained or under arrest for DUI, a law
82 enforcement explorer, a traffic infraction enforcement officer
83 as described in s. 316.640, a parking enforcement specialist as
84 defined in s. 316.640, a person licensed as a security officer
85 as defined in s. 493.6101 and wearing a uniform that bears at
86 least one patch or emblem that is visible at all times that
87 clearly identifies the employing agency and that clearly
88 identifies the person as a licensed security officer, or a
89 security officer employed by the board of trustees of a
90 community college, or a utility worker, while the officer,
91 firefighter, emergency medical care provider, traffic accident
92 investigation officer, traffic infraction enforcement officer,
93 inspector, analyst, operator, law enforcement explorer, parking
94 enforcement specialist, public transit employee or agent, or
95 security officer, or utility worker is engaged in the lawful
96 performance of his or her duties, the offense for which the
97 person is charged shall be reclassified as follows:
98 (a) In the case of assault, from a misdemeanor of the
99 second degree to a misdemeanor of the first degree.
100 (b) In the case of battery, from a misdemeanor of the first
101 degree to a felony of the third degree.
102 (c) In the case of aggravated assault, from a felony of the
103 third degree to a felony of the second degree. Notwithstanding
104 any other provision of law, any person convicted of aggravated
105 assault upon a law enforcement officer shall be sentenced to a
106 minimum term of imprisonment of 3 years.
107 (d) In the case of aggravated battery, from a felony of the
108 second degree to a felony of the first degree. Notwithstanding
109 any other provision of law, any person convicted of aggravated
110 battery of a law enforcement officer shall be sentenced to a
111 minimum term of imprisonment of 5 years.
112 (3) Any person who is convicted of a battery under
113 paragraph (2)(b) and, during the commission of the offense, such
114 person possessed:
115 (a) A “firearm” or “destructive device” as those terms are
116 defined in s. 790.001, shall be sentenced to a minimum term of
117 imprisonment of 3 years.
118 (b) A semiautomatic firearm and its high-capacity
119 detachable box magazine, as defined in s. 775.087(3), or a
120 machine gun as defined in s. 790.001, shall be sentenced to a
121 minimum term of imprisonment of 8 years.
122
123 Notwithstanding s. 948.01, adjudication of guilt or imposition
124 of sentence shall not be suspended, deferred, or withheld, and
125 the defendant is not eligible for statutory gain-time under s.
126 944.275 or any form of discretionary early release, other than
127 pardon or executive clemency, or conditional medical release
128 under s. 947.149, prior to serving the minimum sentence.
129 Section 2. Subsection (15) of section 901.15, Florida
130 Statutes, is amended to read:
131 901.15 When arrest by officer without warrant is lawful.—A
132 law enforcement officer may arrest a person without a warrant
133 when:
134 (15) There is probable cause to believe that the person has
135 committed assault upon a law enforcement officer, a firefighter,
136 an emergency medical care provider, public transit employees or
137 agents, or other specified persons officers as set forth in s.
138 784.07 or has committed assault or battery upon any employee of
139 a receiving facility as defined in s. 394.455 who is engaged in
140 the lawful performance of his or her duties.
141 Section 3. Paragraph (b) of subsection (3) of section
142 943.051, Florida Statutes, is amended to read:
143 943.051 Criminal justice information; collection and
144 storage; fingerprinting.—
145 (3)
146 (b) A minor who is charged with or found to have committed
147 the following offenses shall be fingerprinted and the
148 fingerprints shall be submitted to the department:
149 1. Assault, as defined in s. 784.011.
150 2. Battery, as defined in s. 784.03.
151 3. Carrying a concealed weapon, as defined in s. 790.01(1).
152 4. Unlawful use of destructive devices or bombs, as defined
153 in s. 790.1615(1).
154 5. Negligent treatment of children, as defined in former s.
155 827.05.
156 6. Assault or battery on a law enforcement officer, a
157 firefighter, or other specified persons officers, as defined in
158 s. 784.07(2)(a) and (b).
159 7. Open carrying of a weapon, as defined in s. 790.053.
160 8. Exposure of sexual organs, as defined in s. 800.03.
161 9. Unlawful possession of a firearm, as defined in s.
162 790.22(5).
163 10. Petit theft, as defined in s. 812.014(3).
164 11. Cruelty to animals, as defined in s. 828.12(1).
165 12. Arson, as defined in s. 806.031(1).
166 13. Unlawful possession or discharge of a weapon or firearm
167 at a school-sponsored event or on school property as defined in
168 s. 790.115.
169 Section 4. Paragraph (b) of subsection (1) of section
170 985.11, Florida Statutes, is amended to read:
171 985.11 Fingerprinting and photographing.—
172 (1)
173 (b) A child who is charged with or found to have committed
174 one of the following offenses shall be fingerprinted, and the
175 fingerprints shall be submitted to the Department of Law
176 Enforcement as provided in s. 943.051(3)(b):
177 1. Assault, as defined in s. 784.011.
178 2. Battery, as defined in s. 784.03.
179 3. Carrying a concealed weapon, as defined in s. 790.01(1).
180 4. Unlawful use of destructive devices or bombs, as defined
181 in s. 790.1615(1).
182 5. Negligent treatment of children, as defined in former s.
183 827.05.
184 6. Assault on a law enforcement officer, a firefighter, or
185 other specified persons officers, as defined in s. 784.07(2)(a).
186 7. Open carrying of a weapon, as defined in s. 790.053.
187 8. Exposure of sexual organs, as defined in s. 800.03.
188 9. Unlawful possession of a firearm, as defined in s.
189 790.22(5).
190 10. Petit theft, as defined in s. 812.014.
191 11. Cruelty to animals, as defined in s. 828.12(1).
192 12. Arson, resulting in bodily harm to a firefighter, as
193 defined in s. 806.031(1).
194 13. Unlawful possession or discharge of a weapon or firearm
195 at a school-sponsored event or on school property as defined in
196 s. 790.115.
197
198 A law enforcement agency may fingerprint and photograph a child
199 taken into custody upon probable cause that such child has
200 committed any other violation of law, as the agency deems
201 appropriate. Such fingerprint records and photographs shall be
202 retained by the law enforcement agency in a separate file, and
203 these records and all copies thereof must be marked “Juvenile
204 Confidential.” These records are not available for public
205 disclosure and inspection under s. 119.07(1) except as provided
206 in ss. 943.053 and 985.04(2), but shall be available to other
207 law enforcement agencies, criminal justice agencies, state
208 attorneys, the courts, the child, the parents or legal
209 custodians of the child, their attorneys, and any other person
210 authorized by the court to have access to such records. In
211 addition, such records may be submitted to the Department of Law
212 Enforcement for inclusion in the state criminal history records
213 and used by criminal justice agencies for criminal justice
214 purposes. These records may, in the discretion of the court, be
215 open to inspection by anyone upon a showing of cause. The
216 fingerprint and photograph records shall be produced in the
217 court whenever directed by the court. Any photograph taken
218 pursuant to this section may be shown by a law enforcement
219 officer to any victim or witness of a crime for the purpose of
220 identifying the person who committed such crime.
221 Section 5. Paragraph (a) of subsection (3) of section
222 985.644, Florida Statutes, is amended to read:
223 985.644 Departmental contracting powers; personnel
224 standards and screening.—
225 (3)(a) All employees of the department and all personnel of
226 contract providers for any program for children, including all
227 owners, operators, employees, persons who have access to
228 confidential juvenile records, and volunteers, must complete:
229 1. A level 2 employment screening pursuant to chapter 435
230 before employment. The security background investigation
231 conducted under this section must ensure that, in addition to
232 the disqualifying offenses listed in s. 435.04, no person
233 subject to the background screening provisions of this section
234 has an arrest awaiting final disposition for, been found guilty
235 of, regardless of adjudication, or entered a plea of nolo
236 contendere or guilty to, or been adjudicated delinquent and the
237 record has not been sealed or expunged for, any offense
238 prohibited under the following provisions of state law or
239 similar laws of another jurisdiction:
240 a. Section 784.07, relating to assault or battery of law
241 enforcement officers, firefighters, emergency medical care
242 providers, public transit employees or agents, or other
243 specified persons officers.
244 b. Section 817.568, relating to criminal use of personal
245 identification information.
246 2. A national criminal records check by the Federal Bureau
247 of Investigation every 5 years following the date of the
248 person’s employment.
249 Section 6. For the purpose of incorporating the amendments
250 made by this act to section 784.07, Florida Statutes, in a
251 references thereto, paragraphs (d), (f), and (g) of subsection
252 (3) of section 921.0022, Florida Statutes, are reenacted and
253 amended to read:
254 921.0022 Criminal Punishment Code; offense severity ranking
255 chart.—
256 (3) OFFENSE SEVERITY RANKING CHART
257 (d) LEVEL 4
258 FloridaStatute FelonyDegree Description
259 316.1935(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.
260 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
261 499.0051(2) 3rd Failure to authenticate pedigree papers.
262 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
263 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
264 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
265 784.075 3rd Battery on detention or commitment facility staff.
266 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
267 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
268 784.081(3) 3rd Battery on specified official or employee.
269 784.082(3) 3rd Battery by detained person on visitor or other detainee.
270 784.083(3) 3rd Battery on code inspector.
271 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
272 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
273 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
274 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
275 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
276 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
277 790.115(2)(c) 3rd Possessing firearm on school property.
278 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
279 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
280 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
281 810.06 3rd Burglary; possession of tools.
282 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
283 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
284 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
285 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
286 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
287 817.568(2)(a) 3rd Fraudulent use of personal identification information.
288 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
289 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
290 837.02(1) 3rd Perjury in official proceedings.
291 837.021(1) 3rd Make contradictory statements in official proceedings.
292 838.022 3rd Official misconduct.
293 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
294 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
295 843.021 3rd Possession of a concealed handcuff key by a person in custody.
296 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
297 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
298 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
299 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
300 893.13(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).
301 914.14(2) 3rd Witnesses accepting bribes.
302 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
303 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
304 918.12 3rd Tampering with jurors.
305 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
306 (f) LEVEL 6
307 FloridaStatute FelonyDegree Description
308 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
309 499.0051(3) 2nd Knowing forgery of pedigree papers.
310 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
311 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
312 775.0875(1) 3rd Taking firearm from law enforcement officer.
313 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
314 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
315 784.041 3rd Felony battery; domestic battery by strangulation.
316 784.048(3) 3rd Aggravated stalking; credible threat.
317 784.048(5) 3rd Aggravated stalking of person under 16.
318 784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, etc.
319 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
320 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
321 784.081(2) 2nd Aggravated assault on specified official or employee.
322 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
323 784.083(2) 2nd Aggravated assault on code inspector.
324 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
325 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
326 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
327 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
328 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
329 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
330 794.05(1) 2nd Unlawful sexual activity with specified minor.
331 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
332 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
333 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
334 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
335 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
336 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
337 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
338 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
339 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
340 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
341 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
342 825.102(1) 3rd Abuse of an elderly person or disabled adult.
343 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
344 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
345 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
346 827.03(1) 3rd Abuse of a child.
347 827.03(3)(c) 3rd Neglect of a child.
348 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
349 836.05 2nd Threats; extortion.
350 836.10 2nd Written threats to kill or do bodily injury.
351 843.12 3rd Aids or assists person to escape.
352 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
353 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
354 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
355 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
356 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
357 944.40 2nd Escapes.
358 944.46 3rd Harboring, concealing, aiding escaped prisoners.
359 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
360 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
361 (g) LEVEL 7
362 FloridaStatute FelonyDegree Description
363 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
364 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
365 316.1935(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.
366 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
367 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
368 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
369 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
370 456.065(2) 3rd Practicing a health care profession without a license.
371 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
372 458.327(1) 3rd Practicing medicine without a license.
373 459.013(1) 3rd Practicing osteopathic medicine without a license.
374 460.411(1) 3rd Practicing chiropractic medicine without a license.
375 461.012(1) 3rd Practicing podiatric medicine without a license.
376 462.17 3rd Practicing naturopathy without a license.
377 463.015(1) 3rd Practicing optometry without a license.
378 464.016(1) 3rd Practicing nursing without a license.
379 465.015(2) 3rd Practicing pharmacy without a license.
380 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
381 467.201 3rd Practicing midwifery without a license.
382 468.366 3rd Delivering respiratory care services without a license.
383 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
384 483.901(9) 3rd Practicing medical physics without a license.
385 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
386 484.053 3rd Dispensing hearing aids without a license.
387 494.0018(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.
388 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
389 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
390 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
391 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
392 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
393 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
394 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
395 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
396 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
397 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
398 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
399 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
400 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
401 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
402 784.048(7) 3rd Aggravated stalking; violation of court order.
403 784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, etc.
404 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
405 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
406 784.081(1) 1st Aggravated battery on specified official or employee.
407 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
408 784.083(1) 1st Aggravated battery on code inspector.
409 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
410 790.16(1) 1st Discharge of a machine gun under specified circumstances.
411 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
412 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
413 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
414 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
415 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
416 794.08(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.
417 796.03 2nd Procuring any person under 16 years for prostitution.
418 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
419 800.04(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.
420 806.01(2) 2nd Maliciously damage structure by fire or explosive.
421 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
422 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
423 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
424 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
425 812.014(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.
426 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
427 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
428 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
429 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
430 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
431 812.131(2)(a) 2nd Robbery by sudden snatching.
432 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
433 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
434 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
435 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
436 817.2341 (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.
437 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
438 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
439 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
440 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
441 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
442 838.015 2nd Bribery.
443 838.016 2nd Unlawful compensation or reward for official behavior.
444 838.021(3)(a) 2nd Unlawful harm to a public servant.
445 838.22 2nd Bid tampering.
446 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
447 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
448 872.06 2nd Abuse of a dead human body.
449 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
450 893.13(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.
451 893.13(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.
452 893.13(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).
453 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
454 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
455 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
456 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
457 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
458 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
459 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
460 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
461 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
462 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
463 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
464 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
465 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
466 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
467 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
468 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
469 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
470 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
471 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
472 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
473 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
474 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
475 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
476 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
477 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
478 Section 7. This act shall take effect July 1, 2012.