Florida Senate - 2014                                     SB 100
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00050-14                                            2014100__
    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; amending s. 921.0022(3)(d), (f), and (g), F.S.,
    9         relating to the offense severity ranking chart of the
   10         Criminal Punishment Code, to incorporate the amendment
   11         made to s. 784.07, F.S., in references thereto;
   12         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 or the Department of
   59  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) “Railroad special officer” means a person employed by a
   66  Class I, Class II, or Class III railroad and appointed or
   67  pending appointment by the Governor pursuant to s. 354.01.
   68         (g) “Utility worker” means a person who bears at least one
   69  patch or emblem that is visible at all times and that clearly
   70  identifies the employing or contracting utility and that clearly
   71  identifies the person as a utility worker under contract with or
   72  employed by an entity that owns, operates, leases, or controls a
   73  plant, property, or facility for the generation, transmission,
   74  or furnishing to or for the public of electricity, natural or
   75  manufactured gas, water, telephone, or communications service,
   76  including two or more utilities rendering joint service.
   77         (2) Whenever any person is charged with knowingly
   78  committing an assault or battery upon a law enforcement officer,
   79  a firefighter, an emergency medical care provider, a railroad
   80  special officer, a traffic accident investigation officer as
   81  described in s. 316.640, a nonsworn law enforcement agency
   82  employee who is certified as an agency inspector, a blood
   83  alcohol analyst, or a breath test operator while such employee
   84  is in uniform and engaged in processing, testing, evaluating,
   85  analyzing, or transporting a person who is detained or under
   86  arrest for DUI, a law enforcement explorer, a traffic infraction
   87  enforcement officer as described in s. 316.640, a parking
   88  enforcement specialist as defined in s. 316.640, a person
   89  licensed as a security officer as defined in s. 493.6101 and
   90  wearing a uniform that bears at least one patch or emblem that
   91  is visible at all times that clearly identifies the employing
   92  agency and that clearly identifies the person as a licensed
   93  security officer, or a security officer employed by the board of
   94  trustees of a community college, or utility worker, while the
   95  officer, firefighter, emergency medical care provider, railroad
   96  special officer, traffic accident investigation officer, traffic
   97  infraction enforcement officer, inspector, analyst, operator,
   98  law enforcement explorer, parking enforcement specialist, public
   99  transit employee or agent, or security officer, or utility
  100  worker is engaged in the lawful performance of his or her
  101  duties, the offense for which the person is charged shall be
  102  reclassified as follows:
  103         (a) In the case of assault, from a misdemeanor of the
  104  second degree to a misdemeanor of the first degree.
  105         (b) In the case of battery, from a misdemeanor of the first
  106  degree to a felony of the third degree.
  107         (c) In the case of aggravated assault, from a felony of the
  108  third degree to a felony of the second degree. Notwithstanding
  109  any other provision of law, any person convicted of aggravated
  110  assault upon a law enforcement officer shall be sentenced to a
  111  minimum term of imprisonment of 3 years.
  112         (d) In the case of aggravated battery, from a felony of the
  113  second degree to a felony of the first degree. Notwithstanding
  114  any other provision of law, any person convicted of aggravated
  115  battery of a law enforcement officer shall be sentenced to a
  116  minimum term of imprisonment of 5 years.
  117         (3) Any person who is convicted of a battery under
  118  paragraph (2)(b) and, during the commission of the offense, such
  119  person possessed:
  120         (a) A “firearm” or “destructive device” as those terms are
  121  defined in s. 790.001, shall be sentenced to a minimum term of
  122  imprisonment of 3 years.
  123         (b) A semiautomatic firearm and its high-capacity
  124  detachable box magazine, as defined in s. 775.087(3), or a
  125  machine gun as defined in s. 790.001, shall be sentenced to a
  126  minimum term of imprisonment of 8 years.
  127  
  128  Notwithstanding s. 948.01, adjudication of guilt or imposition
  129  of sentence shall not be suspended, deferred, or withheld, and
  130  the defendant is not eligible for statutory gain-time under s.
  131  944.275 or any form of discretionary early release, other than
  132  pardon or executive clemency, or conditional medical release
  133  under s. 947.149, prior to serving the minimum sentence.
  134         Section 2. Subsection (15) of section 901.15, Florida
  135  Statutes, is amended to read:
  136         901.15 When arrest by officer without warrant is lawful.—A
  137  law enforcement officer may arrest a person without a warrant
  138  when:
  139         (15) There is probable cause to believe that the person has
  140  committed assault upon a law enforcement officer, a firefighter,
  141  an emergency medical care provider, public transit employees or
  142  agents, or other specified persons officers as set forth in s.
  143  784.07 or has committed assault or battery upon any employee of
  144  a receiving facility as defined in s. 394.455 who is engaged in
  145  the lawful performance of his or her duties.
  146         Section 3. Paragraph (b) of subsection (3) of section
  147  943.051, Florida Statutes, is amended to read:
  148         943.051 Criminal justice information; collection and
  149  storage; fingerprinting.—
  150         (3)
  151         (b) A minor who is charged with or found to have committed
  152  the following offenses shall be fingerprinted and the
  153  fingerprints shall be submitted electronically to the
  154  department, unless the minor is issued a civil citation pursuant
  155  to s. 985.12:
  156         1. Assault, as defined in s. 784.011.
  157         2. Battery, as defined in s. 784.03.
  158         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  159         4. Unlawful use of destructive devices or bombs, as defined
  160  in s. 790.1615(1).
  161         5. Neglect of a child, as defined in s. 827.03(1)(e).
  162         6. Assault or battery on a law enforcement officer, a
  163  firefighter, or other specified persons officers, as defined in
  164  s. 784.07(2)(a) and (b).
  165         7. Open carrying of a weapon, as defined in s. 790.053.
  166         8. Exposure of sexual organs, as defined in s. 800.03.
  167         9. Unlawful possession of a firearm, as defined in s.
  168  790.22(5).
  169         10. Petit theft, as defined in s. 812.014(3).
  170         11. Cruelty to animals, as defined in s. 828.12(1).
  171         12. Arson, as defined in s. 806.031(1).
  172         13. Unlawful possession or discharge of a weapon or firearm
  173  at a school-sponsored event or on school property, as provided
  174  in s. 790.115.
  175         Section 4. Paragraph (b) of subsection (1) of section
  176  985.11, Florida Statutes, is amended to read:
  177         985.11 Fingerprinting and photographing.—
  178         (1)
  179         (b) A child who is charged with or found to have committed
  180  one of the following offenses shall be fingerprinted, and the
  181  fingerprints shall be submitted to the Department of Law
  182  Enforcement as provided in s. 943.051(3)(b):
  183         1. Assault, as defined in s. 784.011.
  184         2. Battery, as defined in s. 784.03.
  185         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  186         4. Unlawful use of destructive devices or bombs, as defined
  187  in s. 790.1615(1).
  188         5. Neglect of a child, as defined in s. 827.03(1)(e).
  189         6. Assault on a law enforcement officer, a firefighter, or
  190  other specified persons officers, as defined in s. 784.07(2)(a).
  191         7. Open carrying of a weapon, as defined in s. 790.053.
  192         8. Exposure of sexual organs, as defined in s. 800.03.
  193         9. Unlawful possession of a firearm, as defined in s.
  194  790.22(5).
  195         10. Petit theft, as defined in s. 812.014.
  196         11. Cruelty to animals, as defined in s. 828.12(1).
  197         12. Arson, resulting in bodily harm to a firefighter, as
  198  defined in s. 806.031(1).
  199         13. Unlawful possession or discharge of a weapon or firearm
  200  at a school-sponsored event or on school property as defined in
  201  s. 790.115.
  202  
  203  A law enforcement agency may fingerprint and photograph a child
  204  taken into custody upon probable cause that such child has
  205  committed any other violation of law, as the agency deems
  206  appropriate. Such fingerprint records and photographs shall be
  207  retained by the law enforcement agency in a separate file, and
  208  these records and all copies thereof must be marked “Juvenile
  209  Confidential.” These records are not available for public
  210  disclosure and inspection under s. 119.07(1) except as provided
  211  in ss. 943.053 and 985.04(2), but shall be available to other
  212  law enforcement agencies, criminal justice agencies, state
  213  attorneys, the courts, the child, the parents or legal
  214  custodians of the child, their attorneys, and any other person
  215  authorized by the court to have access to such records. In
  216  addition, such records may be submitted to the Department of Law
  217  Enforcement for inclusion in the state criminal history records
  218  and used by criminal justice agencies for criminal justice
  219  purposes. These records may, in the discretion of the court, be
  220  open to inspection by anyone upon a showing of cause. The
  221  fingerprint and photograph records shall be produced in the
  222  court whenever directed by the court. Any photograph taken
  223  pursuant to this section may be shown by a law enforcement
  224  officer to any victim or witness of a crime for the purpose of
  225  identifying the person who committed such crime.
  226         Section 5. Paragraph (a) of subsection (3) of section
  227  985.644, Florida Statutes, is amended to read:
  228         985.644 Departmental contracting powers; personnel
  229  standards and screening.—
  230         (3)(a) All employees of the department and all personnel of
  231  contract providers for any program for children, including all
  232  owners, operators, employees, persons who have access to
  233  confidential juvenile records, and volunteers, must complete:
  234         1. A level 2 employment screening pursuant to chapter 435
  235  before employment. The security background investigation
  236  conducted under this section must ensure that, in addition to
  237  the disqualifying offenses listed in s. 435.04, no person
  238  subject to the background screening provisions of this section
  239  has an arrest awaiting final disposition for, been found guilty
  240  of, regardless of adjudication, or entered a plea of nolo
  241  contendere or guilty to, or been adjudicated delinquent and the
  242  record has not been sealed or expunged for, any offense
  243  prohibited under the following provisions of state law or
  244  similar laws of another jurisdiction:
  245         a. Section 784.07, relating to assault or battery of law
  246  enforcement officers, firefighters, emergency medical care
  247  providers, public transit employees or agents, or other
  248  specified persons officers.
  249         b. Section 817.568, relating to criminal use of personal
  250  identification information.
  251         2. A national criminal records check by the Federal Bureau
  252  of Investigation every 5 years following the date of the
  253  person’s employment.
  254         Section 6. Paragraphs (d), (f), and (g) of subsection (3)
  255  of section 921.0022, Florida Statutes, are amended to read:
  256         921.0022 Criminal Punishment Code; offense severity ranking
  257  chart.—
  258         (3) OFFENSE SEVERITY RANKING CHART
  259         (d) LEVEL 4
  260  
  261  FloridaStatute              FelonyDegree        Description        
  262  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.
  263  499.0051(1)                      3rd     Failure to maintain or deliver pedigree papers.
  264  499.0051(2)                      3rd     Failure to authenticate pedigree papers.
  265  499.0051(6)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  266  517.07(1)                        3rd     Failure to register securities.
  267  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  268  784.07(2)(b)                     3rd     Battery of law enforcement officer, utility worker, firefighter, etc.
  269  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  270  784.075                          3rd     Battery on detention or commitment facility staff.
  271  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  272  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  273  784.081(3)                       3rd     Battery on specified official or employee.
  274  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  275  784.083(3)                       3rd     Battery on code inspector.
  276  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  277  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  278  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  279  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  280  787.07                           3rd     Human smuggling.          
  281  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  282  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  283  790.115(2)(c)                    3rd     Possessing firearm on school property.
  284  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  285  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  286  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  287  810.06                           3rd     Burglary; possession of tools.
  288  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  289  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  290  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  291  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  292  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  293  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  294  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
  295  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  296  837.02(1)                        3rd     Perjury in official proceedings.
  297  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  298  838.022                          3rd     Official misconduct.      
  299  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  300  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families Family Services.
  301  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  302  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  303  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  304  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  305  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  306  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).
  307  914.14(2)                        3rd     Witnesses accepting bribes.
  308  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  309  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  310  918.12                           3rd     Tampering with jurors.    
  311  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  312         (f) LEVEL 6
  313  
  314  FloridaStatute      FelonyDegree             Description             
  315  316.193(2)(b)          3rd    Felony DUI, 4th or subsequent conviction.
  316  499.0051(3)            2nd    Knowing forgery of pedigree papers.  
  317  499.0051(4)            2nd    Knowing purchase or receipt of prescription drug from unauthorized person.
  318  499.0051(5)            2nd    Knowing sale or transfer of prescription drug to unauthorized person.
  319  775.0875(1)            3rd    Taking firearm from law enforcement officer.
  320  784.021(1)(a)          3rd    Aggravated assault; deadly weapon without intent to kill.
  321  784.021(1)(b)          3rd    Aggravated assault; intent to commit felony.
  322  784.041                3rd    Felony battery; domestic battery by strangulation.
  323  784.048(3)             3rd    Aggravated stalking; credible threat.
  324  784.048(5)             3rd    Aggravated stalking of person under 16.
  325  784.07(2)(c)           2nd    Aggravated assault on law enforcement officer, utility worker, firefighter, etc.
  326  784.074(1)(b)          2nd    Aggravated assault on sexually violent predators facility staff.
  327  784.08(2)(b)           2nd    Aggravated assault on a person 65 years of age or older.
  328  784.081(2)             2nd    Aggravated assault on specified official or employee.
  329  784.082(2)             2nd    Aggravated assault by detained person on visitor or other detainee.
  330  784.083(2)             2nd    Aggravated assault on code inspector.
  331  787.02(2)              3rd    False imprisonment; restraining with purpose other than those in s. 787.01.
  332  790.115(2)(d)          2nd    Discharging firearm or weapon on school property.
  333  790.161(2)             2nd    Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  334  790.164(1)             2nd    False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  335  790.19                 2nd    Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  336  794.011(8)(a)          3rd    Solicitation of minor to participate in sexual activity by custodial adult.
  337  794.05(1)              2nd    Unlawful sexual activity with specified minor.
  338  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.
  339  800.04(6)(b)           2nd    Lewd or lascivious conduct; offender 18 years of age or older.
  340  806.031(2)             2nd    Arson resulting in great bodily harm to firefighter or any other person.
  341  810.02(3)(c)           2nd    Burglary of occupied structure; unarmed; no assault or battery.
  342  810.145(8)(b)          2nd    Video voyeurism; certain minor victims; 2nd or subsequent offense.
  343  812.014(2)(b)1.        2nd    Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  344  812.014(6)             2nd    Theft; property stolen $3,000 or more; coordination of others.
  345  812.015(9)(a)          2nd    Retail theft; property stolen $300 or more; second or subsequent conviction.
  346  812.015(9)(b)          2nd    Retail theft; property stolen $3,000 or more; coordination of others.
  347  812.13(2)(c)           2nd    Robbery, no firearm or other weapon (strong-arm robbery).
  348  817.4821(5)            2nd    Possess cloning paraphernalia with intent to create cloned cellular telephones.
  349  825.102(1)             3rd    Abuse of an elderly person or disabled adult.
  350  825.102(3)(c)          3rd    Neglect of an elderly person or disabled adult.
  351  825.1025(3)            3rd    Lewd or lascivious molestation of an elderly person or disabled adult.
  352  825.103(2)(c)          3rd    Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  353  827.03(2)(c)           3rd    Abuse of a child.                    
  354  827.03(2)(d)           3rd    Neglect of a child.                  
  355  827.071(2) & (3)       2nd    Use or induce a child in a sexual performance, or promote or direct such performance.
  356  836.05                 2nd    Threats; extortion.                  
  357  836.10                 2nd    Written threats to kill or do bodily injury.
  358  843.12                 3rd    Aids or assists person to escape.    
  359  847.011                3rd    Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  360  847.012                3rd    Knowingly using a minor in the production of materials harmful to minors.
  361  847.0135(2)            3rd    Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  362  914.23                 2nd    Retaliation against a witness, victim, or informant, with bodily injury.
  363  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.
  364  944.40                 2nd    Escapes.                             
  365  944.46                 3rd    Harboring, concealing, aiding escaped prisoners.
  366  944.47(1)(a)5.         2nd    Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  367  951.22(1)              3rd    Intoxicating drug, firearm, or weapon introduced into county facility.
  368         (g) LEVEL 7
  369  
  370  FloridaStatute      FelonyDegree             Description             
  371  316.027(1)(b)          1st    Accident involving death, failure to stop; leaving scene.
  372  316.193(3)(c)2.        3rd    DUI resulting in serious bodily injury.
  373  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.
  374  327.35(3)(c)2.         3rd    Vessel BUI resulting in serious bodily injury.
  375  402.319(2)             2nd    Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  376  409.920 (2)(b)1.a.     3rd    Medicaid provider fraud; $10,000 or less.
  377  409.920 (2)(b)1.b.     2nd    Medicaid provider fraud; more than $10,000, but less than $50,000.
  378  456.065(2)             3rd    Practicing a health care profession without a license.
  379  456.065(2)             2nd    Practicing a health care profession without a license which results in serious bodily injury.
  380  458.327(1)             3rd    Practicing medicine without a license.
  381  459.013(1)             3rd    Practicing osteopathic medicine without a license.
  382  460.411(1)             3rd    Practicing chiropractic medicine without a license.
  383  461.012(1)             3rd    Practicing podiatric medicine without a license.
  384  462.17                 3rd    Practicing naturopathy without a license.
  385  463.015(1)             3rd    Practicing optometry without a license.
  386  464.016(1)             3rd    Practicing nursing without a license.
  387  465.015(2)             3rd    Practicing pharmacy without a license.
  388  466.026(1)             3rd    Practicing dentistry or dental hygiene without a license.
  389  467.201                3rd    Practicing midwifery without a license.
  390  468.366                3rd    Delivering respiratory care services without a license.
  391  483.828(1)             3rd    Practicing as clinical laboratory personnel without a license.
  392  483.901(9)             3rd    Practicing medical physics without a license.
  393  484.013(1)(c)          3rd    Preparing or dispensing optical devices without a prescription.
  394  484.053                3rd    Dispensing hearing aids without a license.
  395  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.
  396  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.
  397  560.125(5)(a)          3rd    Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  398  655.50(10)(b)1.        3rd    Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  399  775.21(10)(a)          3rd    Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  400  775.21(10)(b)          3rd    Sexual predator working where children regularly congregate.
  401  775.21(10)(g)          3rd    Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  402  782.051(3)             2nd    Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  403  782.07(1)              2nd    Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  404  782.071                2nd    Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  405  782.072                2nd    Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  406  784.045(1)(a)1.        2nd    Aggravated battery; intentionally causing great bodily harm or disfigurement.
  407  784.045(1)(a)2.        2nd    Aggravated battery; using deadly weapon.
  408  784.045(1)(b)          2nd    Aggravated battery; perpetrator aware victim pregnant.
  409  784.048(4)             3rd    Aggravated stalking; violation of injunction or court order.
  410  784.048(7)             3rd    Aggravated stalking; violation of court order.
  411  784.07(2)(d)           1st    Aggravated battery on law enforcement officer, utility worker, firefighter, etc.
  412  784.074(1)(a)          1st    Aggravated battery on sexually violent predators facility staff.
  413  784.08(2)(a)           1st    Aggravated battery on a person 65 years of age or older.
  414  784.081(1)             1st    Aggravated battery on specified official or employee.
  415  784.082(1)             1st    Aggravated battery by detained person on visitor or other detainee.
  416  784.083(1)             1st    Aggravated battery on code inspector.
  417  787.06(3)(a)           1st    Human trafficking using coercion for labor and services.
  418  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.
  419  790.07(4)              1st    Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  420  790.16(1)              1st    Discharge of a machine gun under specified circumstances.
  421  790.165(2)             2nd    Manufacture, sell, possess, or deliver hoax bomb.
  422  790.165(3)             2nd    Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  423  790.166(3)             2nd    Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  424  790.166(4)             2nd    Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  425  790.23               1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  426  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.
  427  796.03                 2nd    Procuring any person under 16 years for prostitution.
  428  800.04(5)(c)1.         2nd    Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  429  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.
  430  806.01(2)              2nd    Maliciously damage structure by fire or explosive.
  431  810.02(3)(a)           2nd    Burglary of occupied dwelling; unarmed; no assault or battery.
  432  810.02(3)(b)           2nd    Burglary of unoccupied dwelling; unarmed; no assault or battery.
  433  810.02(3)(d)           2nd    Burglary of occupied conveyance; unarmed; no assault or battery.
  434  810.02(3)(e)           2nd    Burglary of authorized emergency vehicle.
  435  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.
  436  812.014(2)(b)2.        2nd    Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  437  812.014(2)(b)3.        2nd    Property stolen, emergency medical equipment; 2nd degree grand theft.
  438  812.014(2)(b)4.        2nd    Property stolen, law enforcement equipment from authorized emergency vehicle.
  439  812.0145(2)(a)         1st    Theft from person 65 years of age or older; $50,000 or more.
  440  812.019(2)             1st    Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  441  812.131(2)(a)          2nd    Robbery by sudden snatching.         
  442  812.133(2)(b)          1st    Carjacking; no firearm, deadly weapon, or other weapon.
  443  812.034(4)(a)1.        1st    Communications fraud, value greater than $50,000.
  444  817.234(8)(a)          2nd    Solicitation of motor vehicle accident victims with intent to defraud.
  445  817.234(9)             2nd    Organizing, planning, or participating in an intentional motor vehicle collision.
  446  817.234(11)(c)         1st    Insurance fraud; property value $100,000 or more.
  447  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.
  448  817.535(2)(a)          3rd    Filing false lien or other unauthorized document.
  449  825.102(3)(b)          2nd    Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  450  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.
  451  827.03(2)(b)           2nd    Neglect of a child causing great bodily harm, disability, or disfigurement.
  452  827.04(3)              3rd    Impregnation of a child under 16 years of age by person 21 years of age or older.
  453  837.05(2)              3rd    Giving false information about alleged capital felony to a law enforcement officer.
  454  838.015                2nd    Bribery.                             
  455  838.016                2nd    Unlawful compensation or reward for official behavior.
  456  838.021(3)(a)          2nd    Unlawful harm to a public servant.   
  457  838.22                 2nd    Bid tampering.                       
  458  843.0855(2)            3rd    Impersonation of a public officer or employee.
  459  843.0855(3)            3rd    Unlawful simulation of legal process.
  460  843.0855(4)            3rd    Intimidation of a public officer or employee.
  461  847.0135(3)            3rd    Solicitation of a child, via a computer service, to commit an unlawful sex act.
  462  847.0135(4)            2nd    Traveling to meet a minor to commit an unlawful sex act.
  463  872.06                 2nd    Abuse of a dead human body.          
  464  874.05(2)(b)           1st    Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  465  874.10               1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  466  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.
  467  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.
  468  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).
  469  893.135(1)(a)1.        1st    Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  470  893.135 (1)(b)1.a.     1st    Trafficking in cocaine, more than 28 grams, less than 200 grams.
  471  893.135 (1)(c)1.a.     1st    Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  472  893.135(1)(d)1.        1st    Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  473  893.135(1)(e)1.        1st    Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  474  893.135(1)(f)1.        1st    Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  475  893.135 (1)(g)1.a.     1st    Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  476  893.135 (1)(h)1.a.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  477  893.135 (1)(j)1.a.     1st    Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  478  893.135 (1)(k)2.a.     1st    Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  479  893.1351(2)            2nd    Possession of place for trafficking in or manufacturing of controlled substance.
  480  896.101(5)(a)          3rd    Money laundering, financial transactions exceeding $300 but less than $20,000.
  481  896.104(4)(a)1.        3rd    Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  482  943.0435(4)(c)         2nd    Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  483  943.0435(8)            2nd    Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  484  943.0435(9)(a)         3rd    Sexual offender; failure to comply with reporting requirements.
  485  943.0435(13)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  486  943.0435(14)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification.
  487  944.607(9)             3rd    Sexual offender; failure to comply with reporting requirements.
  488  944.607(10)(a)         3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
  489  944.607(12)            3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  490  944.607(13)            3rd    Sexual offender; failure to report and reregister; failure to respond to address verification.
  491  985.4815(10)           3rd    Sexual offender; failure to submit to the taking of a digitized photograph.
  492  985.4815(12)           3rd    Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  493  985.4815(13)           3rd    Sexual offender; failure to report and reregister; failure to respond to address verification.
  494         Section 7. This act shall take effect October 1, 2014.