Florida Senate - 2013 SB 788
By Senator Abruzzo
25-01301-13 2013788__
1 A bill to be entitled
2 An act relating to criminal gang prevention; amending
3 s. 810.0975, F.S.; providing enhanced criminal
4 penalties for certain trespassing offenses in school
5 safety zones by a person convicted of certain gang
6 related offenses; amending s. 874.05, F.S.; providing
7 enhanced criminal penalties for a person who
8 intentionally causes, encourages, solicits, or
9 recruits another person under a specified age to
10 become a criminal gang member in certain
11 circumstances; amending s. 951.23, F.S.; authorizing
12 county and municipal detention facilities to designate
13 an individual to be responsible for assessing whether
14 each inmate is a criminal gang member or associate;
15 providing duties of such individuals; amending ss.
16 435.04 and 921.0022, F.S.; conforming cross-references
17 and assigning offense severity rankings for violations
18 of s. 874.05, F.S.; amending s. 921.0024, F.S.;
19 revising the criteria for application of the
20 sentencing multiplier for offenses related to criminal
21 gangs; limiting application of the multiplier if
22 application would result in the lowest permissible
23 sentence exceeding the statutory maximum sentence;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 810.0975, Florida Statutes, is amended
29 to read:
30 810.0975 School safety zones; definition; trespass
31 prohibited; penalty.—
32 (1) For the purposes of this section, the term “school
33 safety zone” means in, on, or within 500 feet of any real
34 property owned by or leased to any public or private elementary,
35 middle, or high school or school board and used for elementary,
36 middle, or high school education.
37 (2)(a) Each principal or designee of each public or private
38 school in this state shall notify the appropriate law
39 enforcement agency to prohibit any person from loitering in the
40 school safety zone who does not have legitimate business in the
41 school safety zone or any other authorization, or license to
42 enter or remain in the school safety zone or does not otherwise
43 have invitee status in the designated safety zone.
44 (b)1. During the period from 1 hour prior to the start of a
45 school session until 1 hour after the conclusion of a school
46 session, it is unlawful for any person to enter the premises or
47 trespass within a school safety zone or to remain on such
48 premises or within such school safety zone when that person does
49 not have legitimate business in the school safety zone or any
50 other authorization, license, or invitation to enter or remain
51 in the school safety zone.
52 2.a. Except as provided in sub-subparagraph b., a Any
53 person who violates this subsection commits a misdemeanor of the
54 second degree, punishable as provided in s. 775.082 or s.
55 775.083.
56 b. A person who violates this subsection and who has been
57 previously convicted of any offense contained in chapter 874
58 commits a misdemeanor of the first degree, punishable as
59 provided in s. 775.082 or s. 775.083.
60 (c)1. Except as provided in subparagraph 2., a Any person
61 who does not have legitimate business in the school safety zone
62 or any other authorization, license, or invitation to enter or
63 remain in the school safety zone who shall willfully fail to
64 remove himself or herself from the school safety zone after the
65 principal or designee, having a reasonable belief that he or she
66 will commit a crime or is engaged in harassment or intimidation
67 of students entering or leaving school property, requests him or
68 her to leave the school safety zone commits a misdemeanor of the
69 second degree, punishable as provided in s. 775.082 or s.
70 775.083.
71 2. A person who violates subparagraph 1. and who has been
72 previously convicted of any offense contained in chapter 874
73 commits a misdemeanor of the first degree, punishable as
74 provided in s. 775.082 or s. 775.083.
75 (3) Nothing in This section does not shall be construed to
76 abridge or infringe upon the right of any person to peaceably
77 assemble and protest.
78 (4)(3) This section does not apply to residents or persons
79 engaged in the operation of a licensed commercial business
80 within the school safety zone.
81 Section 2. Section 874.05, Florida Statutes, is amended to
82 read:
83 874.05 Causing, encouraging, soliciting, or recruiting
84 criminal gang membership.—
85 (1)(a) Except as provided in paragraph (b) subsection (2),
86 a person who intentionally causes, encourages, solicits, or
87 recruits another person to become a criminal gang member where a
88 condition of membership or continued membership is the
89 commission of any crime commits a felony of the third degree,
90 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
91 (b)(2) A person who commits a second or subsequent
92 violation of this subsection commits a felony of the second
93 degree, punishable as provided in s. 775.082, s. 775.083, or s.
94 775.084.
95 (2)(a) Except as provided in paragraph (b), a person who
96 intentionally causes, encourages, solicits, or recruits another
97 person under 13 years of age to become a criminal gang member
98 where a condition of membership or continued membership is the
99 commission of any crime commits a felony of the second degree,
100 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
101 (b) A person who commits a second or subsequent violation
102 of this subsection commits a felony of the first degree,
103 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
104 Section 3. Subsection (11) is added to section 951.23,
105 Florida Statutes, to read:
106 951.23 County and municipal detention facilities;
107 definitions; administration; standards and requirements.—
108 (11) GANG STATUS OF INMATES.—A county or municipal
109 detention facility may designate an individual to be responsible
110 for assessing whether each current inmate is a criminal gang
111 member or associate using the criteria in s. 874.03. The
112 individual should at least once biweekly transmit information on
113 inmates believed to be criminal gang members or associates to
114 the arresting law enforcement agency.
115 Section 4. Paragraph (qq) of subsection (2) of section
116 435.04, Florida Statutes, is amended to read:
117 435.04 Level 2 screening standards.—
118 (2) The security background investigations under this
119 section must ensure that no persons subject to the provisions of
120 this section have been arrested for and are awaiting final
121 disposition of, have been found guilty of, regardless of
122 adjudication, or entered a plea of nolo contendere or guilty to,
123 or have been adjudicated delinquent and the record has not been
124 sealed or expunged for, any offense prohibited under any of the
125 following provisions of state law or similar law of another
126 jurisdiction:
127 (qq) Section 874.05(1), relating to encouraging or
128 recruiting another to join a criminal gang.
129 Section 5. Paragraphs (d), (e), and (g) of subsection (3)
130 of section 921.0022, Florida Statutes, are amended to read:
131 921.0022 Criminal Punishment Code; offense severity ranking
132 chart.—
133 (3) OFFENSE SEVERITY RANKING CHART
134 (d) LEVEL 4
135 FloridaStatute FelonyDegree Description
136 316.1935(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.
137 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
138 499.0051(2) 3rd Failure to authenticate pedigree papers.
139 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
140 517.07(1) 3rd Failure to register securities.
141 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
142 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
143 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
144 784.075 3rd Battery on detention or commitment facility staff.
145 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
146 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
147 784.081(3) 3rd Battery on specified official or employee.
148 784.082(3) 3rd Battery by detained person on visitor or other detainee.
149 784.083(3) 3rd Battery on code inspector.
150 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
151 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
152 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
153 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
154 787.07 3rd Human smuggling.
155 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
156 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
157 790.115(2)(c) 3rd Possessing firearm on school property.
158 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
159 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
160 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
161 810.06 3rd Burglary; possession of tools.
162 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
163 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
164 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
165 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
166 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
167 817.568(2)(a) 3rd Fraudulent use of personal identification information.
168 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
169 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
170 837.02(1) 3rd Perjury in official proceedings.
171 837.021(1) 3rd Make contradictory statements in official proceedings.
172 838.022 3rd Official misconduct.
173 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
174 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
175 843.021 3rd Possession of a concealed handcuff key by a person in custody.
176 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
177 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
178 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
179 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
180 893.13(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).
181 914.14(2) 3rd Witnesses accepting bribes.
182 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
183 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
184 918.12 3rd Tampering with jurors.
185 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
186 (e) LEVEL 5
187 FloridaStatute FelonyDegree Description
188 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
189 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
190 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
191 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
192 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
193 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
194 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
195 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
196 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
197 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
198 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
199 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
200 790.01(2) 3rd Carrying a concealed firearm.
201 790.162 2nd Threat to throw or discharge destructive device.
202 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
203 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
204 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
205 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
206 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
207 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
208 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
209 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
210 812.019(1) 2nd Stolen property; dealing in or trafficking in.
211 812.131(2)(b) 3rd Robbery by sudden snatching.
212 812.16(2) 3rd Owning, operating, or conducting a chop shop.
213 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
214 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
215 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
216 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
217 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
218 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
219 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
220 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
221 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
222 843.01 3rd Resist officer with violence to person; resist arrest with violence.
223 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
224 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
225 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
226 874.05(1)(b)874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
227 874.05(2)(a) 2nd Encouraging or recruiting a person under 13 years of age to join a criminal gang.
228 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
229 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
230 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
231 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
232 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
233 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
234 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
235 (g) LEVEL 7
236 FloridaStatute FelonyDegree Description
237 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
238 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
239 316.1935(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.
240 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
241 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
242 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
243 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
244 456.065(2) 3rd Practicing a health care profession without a license.
245 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
246 458.327(1) 3rd Practicing medicine without a license.
247 459.013(1) 3rd Practicing osteopathic medicine without a license.
248 460.411(1) 3rd Practicing chiropractic medicine without a license.
249 461.012(1) 3rd Practicing podiatric medicine without a license.
250 462.17 3rd Practicing naturopathy without a license.
251 463.015(1) 3rd Practicing optometry without a license.
252 464.016(1) 3rd Practicing nursing without a license.
253 465.015(2) 3rd Practicing pharmacy without a license.
254 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
255 467.201 3rd Practicing midwifery without a license.
256 468.366 3rd Delivering respiratory care services without a license.
257 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
258 483.901(9) 3rd Practicing medical physics without a license.
259 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
260 484.053 3rd Dispensing hearing aids without a license.
261 494.0018(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.
262 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
263 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
264 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
265 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
266 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
267 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
268 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
269 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
270 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
271 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
272 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
273 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
274 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
275 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
276 784.048(7) 3rd Aggravated stalking; violation of court order.
277 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
278 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
279 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
280 784.081(1) 1st Aggravated battery on specified official or employee.
281 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
282 784.083(1) 1st Aggravated battery on code inspector.
283 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
284 787.06(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.
285 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
286 790.16(1) 1st Discharge of a machine gun under specified circumstances.
287 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
288 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
289 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
290 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
291 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
292 794.08(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.
293 796.03 2nd Procuring any person under 16 years for prostitution.
294 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
295 800.04(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.
296 806.01(2) 2nd Maliciously damage structure by fire or explosive.
297 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
298 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
299 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
300 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
301 812.014(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.
302 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
303 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
304 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
305 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
306 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
307 812.131(2)(a) 2nd Robbery by sudden snatching.
308 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
309 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
310 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
311 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
312 817.2341 (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.
313 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
314 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
315 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
316 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
317 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
318 838.015 2nd Bribery.
319 838.016 2nd Unlawful compensation or reward for official behavior.
320 838.021(3)(a) 2nd Unlawful harm to a public servant.
321 838.22 2nd Bid tampering.
322 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
323 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
324 872.06 2nd Abuse of a dead human body.
325 874.05(2)(b) 1st Encouraging or recruiting a person under 13 years of age to join a criminal gang; second or subsequent offense.
326 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
327 893.13(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.
328 893.13(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.
329 893.13(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).
330 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
331 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
332 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
333 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
334 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
335 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
336 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
337 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
338 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
339 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
340 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
341 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
342 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
343 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
344 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
345 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
346 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
347 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
348 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
349 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
350 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
351 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
352 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
353 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
354 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
355
356 Section 6. Paragraph (b) of subsection (1) of section
357 921.0024, Florida Statutes, is amended to read:
358 921.0024 Criminal Punishment Code; worksheet computations;
359 scoresheets.—
360 (1)
361 (b) WORKSHEET KEY:
362
363 Legal status points are assessed when any form of legal status
364 existed at the time the offender committed an offense before the
365 court for sentencing. Four (4) sentence points are assessed for
366 an offender’s legal status.
367
368 Community sanction violation points are assessed when a
369 community sanction violation is before the court for sentencing.
370 Six (6) sentence points are assessed for each community sanction
371 violation and each successive community sanction violation,
372 unless any of the following apply:
373 1. If the community sanction violation includes a new
374 felony conviction before the sentencing court, twelve (12)
375 community sanction violation points are assessed for the
376 violation, and for each successive community sanction violation
377 involving a new felony conviction.
378 2. If the community sanction violation is committed by a
379 violent felony offender of special concern as defined in s.
380 948.06:
381 a. Twelve (12) community sanction violation points are
382 assessed for the violation and for each successive violation of
383 felony probation or community control where:
384 (I) The violation does not include a new felony conviction;
385 and
386 (II) The community sanction violation is not based solely
387 on the probationer or offender’s failure to pay costs or fines
388 or make restitution payments.
389 b. Twenty-four (24) community sanction violation points are
390 assessed for the violation and for each successive violation of
391 felony probation or community control where the violation
392 includes a new felony conviction.
393
394 Multiple counts of community sanction violations before the
395 sentencing court shall not be a basis for multiplying the
396 assessment of community sanction violation points.
397
398 Prior serious felony points: If the offender has a primary
399 offense or any additional offense ranked in level 8, level 9, or
400 level 10, and one or more prior serious felonies, a single
401 assessment of thirty (30) points shall be added. For purposes of
402 this section, a prior serious felony is an offense in the
403 offender’s prior record that is ranked in level 8, level 9, or
404 level 10 under s. 921.0022 or s. 921.0023 and for which the
405 offender is serving a sentence of confinement, supervision, or
406 other sanction or for which the offender’s date of release from
407 confinement, supervision, or other sanction, whichever is later,
408 is within 3 years before the date the primary offense or any
409 additional offense was committed.
410
411 Prior capital felony points: If the offender has one or more
412 prior capital felonies in the offender’s criminal record, points
413 shall be added to the subtotal sentence points of the offender
414 equal to twice the number of points the offender receives for
415 the primary offense and any additional offense. A prior capital
416 felony in the offender’s criminal record is a previous capital
417 felony offense for which the offender has entered a plea of nolo
418 contendere or guilty or has been found guilty; or a felony in
419 another jurisdiction which is a capital felony in that
420 jurisdiction, or would be a capital felony if the offense were
421 committed in this state.
422
423 Possession of a firearm, semiautomatic firearm, or machine gun:
424 If the offender is convicted of committing or attempting to
425 commit any felony other than those enumerated in s. 775.087(2)
426 while having in his or her possession: a firearm as defined in
427 s. 790.001(6), an additional eighteen (18) sentence points are
428 assessed; or if the offender is convicted of committing or
429 attempting to commit any felony other than those enumerated in
430 s. 775.087(3) while having in his or her possession a
431 semiautomatic firearm as defined in s. 775.087(3) or a machine
432 gun as defined in s. 790.001(9), an additional twenty-five (25)
433 sentence points are assessed.
434
435 Sentencing multipliers:
436
437 Drug trafficking: If the primary offense is drug trafficking
438 under s. 893.135, the subtotal sentence points are multiplied,
439 at the discretion of the court, for a level 7 or level 8
440 offense, by 1.5. The state attorney may move the sentencing
441 court to reduce or suspend the sentence of a person convicted of
442 a level 7 or level 8 offense, if the offender provides
443 substantial assistance as described in s. 893.135(4).
444
445 Law enforcement protection: If the primary offense is a
446 violation of the Law Enforcement Protection Act under s.
447 775.0823(2), (3), or (4), the subtotal sentence points are
448 multiplied by 2.5. If the primary offense is a violation of s.
449 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
450 are multiplied by 2.0. If the primary offense is a violation of
451 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
452 Protection Act under s. 775.0823(10) or (11), the subtotal
453 sentence points are multiplied by 1.5.
454
455 Grand theft of a motor vehicle: If the primary offense is grand
456 theft of the third degree involving a motor vehicle and in the
457 offender’s prior record, there are three or more grand thefts of
458 the third degree involving a motor vehicle, the subtotal
459 sentence points are multiplied by 1.5.
460
461 Offense related to a criminal gang: If the offender is convicted
462 of the primary offense and committed that offense for the
463 purpose of benefiting, promoting, or furthering the interests of
464 a criminal gang as defined in s. 874.03 prohibited under s.
465 874.04, the subtotal sentence points are multiplied by 1.5. If
466 applying the multiplier results in the lowest permissible
467 sentence exceeding the statutory maximum sentence for the
468 primary offense under chapter 775, the court may not apply the
469 multiplier and must sentence the defendant to the statutory
470 maximum sentence.
471
472 Domestic violence in the presence of a child: If the offender is
473 convicted of the primary offense and the primary offense is a
474 crime of domestic violence, as defined in s. 741.28, which was
475 committed in the presence of a child under 16 years of age who
476 is a family or household member as defined in s. 741.28(3) with
477 the victim or perpetrator, the subtotal sentence points are
478 multiplied by 1.5.
479 Section 7. This act shall take effect July 1, 2013.