Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 526
Ì937698nÎ937698
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/21/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 92.55, Florida Statutes, is amended to
6 read:
7 92.55 Judicial or other proceedings involving victim or
8 witness who was under the age of 16, a or person who has an
9 intellectual disability, or a sexual offense victim or witness;
10 special protections; use of registered service or therapy
11 animals.—
12 (1) For purposes of this section, the term:
13 (a) "Sexual offense victim or witness" means a person who
14 was under the age of 16 when he or she was the victim of or a
15 witness to a sexual offense.
16 (b) "Sexual offense" means any offense specified in s.
17 775.21(4)(a)1. or s. 943.0435(1)(a)1.a.(I).
18 (2)(1) Upon motion of any party, upon motion of a parent,
19 guardian, attorney, or guardian ad litem for a victim or witness
20 who was under the age of 16, a or person who has an intellectual
21 disability, or a sexual offense victim or witness, or upon its
22 own motion, the court may enter any order necessary to protect
23 the such victim or witness in any judicial proceeding or other
24 official proceeding from severe emotional or mental harm due to
25 the presence of the defendant if the victim or witness is
26 required to testify in open court. Such orders must relate to
27 the taking of testimony and include, but are not limited to:
28 (a) Interviewing or the taking of depositions as part of a
29 civil or criminal proceeding.
30 (b) Examination and cross-examination for the purpose of
31 qualifying as a witness or testifying in any proceeding.
32 (c) The use of testimony taken outside of the courtroom,
33 including proceedings under ss. 92.53 and 92.54.
34 (3)(2) In ruling upon the motion, the court shall consider:
35 (a) The age of the child, the nature of the offense or act,
36 the relationship of the child to the parties in the case or to
37 the defendant in a criminal action, the degree of emotional
38 trauma that will result to the child as a consequence of the
39 defendant’s presence, and any other fact that the court deems
40 relevant; or
41 (b) The age of the person who has an intellectual
42 disability, the functional capacity of such person, the nature
43 of the offenses or act, the relationship of the person to the
44 parties in the case or to the defendant in a criminal action,
45 the degree of emotional trauma that will result to the person as
46 a consequence of the defendant’s presence, and any other fact
47 that the court deems relevant; or
48 (c) The age of the sexual offense victim or witness when
49 the sexual offense occurred, the relationship of the sexual
50 offense victim or witness to the parties in the case or to the
51 defendant in a criminal action, the degree of emotional trauma
52 that will result to the sexual offense victim or witness as a
53 consequence of the defendant's presence, and any other fact that
54 the court deems relavent.
55 (4)(3) In addition to such other relief provided by law,
56 the court may enter orders limiting the number of times that a
57 child, or a person who has an intellectual disability, or a
58 sexual offense victim or witness may be interviewed, prohibiting
59 depositions of the victim or witness such child or person,
60 requiring the submission of questions before the examination of
61 the victim or witness child or person, setting the place and
62 conditions for interviewing the victim or witness child or
63 person or for conducting any other proceeding, or permitting or
64 prohibiting the attendance of any person at any proceeding. The
65 court shall enter any order necessary to protect the rights of
66 all parties, including the defendant in any criminal action.
67 (5)(4) The court may set any other conditions it finds just
68 and appropriate when taking the testimony of a child victim or
69 witness or a sexual offense victim or witness, including the use
70 of a service or therapy animal that has been evaluated and
71 registered according to national standards, in any proceeding
72 involving a sexual offense. When deciding whether to permit a
73 child victim or witness or sexual offense victim or witness to
74 testify with the assistance of a registered service or therapy
75 animal, the court shall consider the age of the child victim or
76 witness, the age of the sexual offense victim or witness at the
77 time the sexual offense occurred, the interests of the child
78 victim or witness or sexual offense victim or witness, the
79 rights of the parties to the litigation, and any other relevant
80 factor that would facilitate the testimony by the child victim
81 or witness or sexual offense victim or witness.
82 Section 2. Subsection (18) is added to section 775.15,
83 Florida Statutes, to read:
84 775.15 Time limitations; general time limitations;
85 exceptions.—
86 (18)(a) If the offense is a violation of s. 800.04(4) or
87 (5) and the victim was younger than 16 years of age at the time
88 the offense was committed, a prosecution of the offense may be
89 commenced at any time. This paragraph does not apply if, at the
90 time of the offense, the offender is less than 18 years of age
91 and the offender is no more than 4 years older than the victim.
92 (b) Paragraph (a) applies to any offense committed on or
93 after October 1, 2014.
94 Section 3. Subsections (4), (5), and (6), paragraph (b) of
95 subsection (8), and subsections (9) and (10) of section 794.011,
96 Florida Statutes, are amended to read:
97 794.011 Sexual battery.—
98 (4)(a) A person 18 years of age or older who commits sexual
99 battery upon a person 12 years of age or older but younger than
100 18 years of age without that person’s consent, under any of the
101 following circumstances listed in paragraph (e), commits a
102 felony of the first degree, punishable by a term of years not
103 exceeding life or as provided in s. 775.082, s. 775.083, s.
104 775.084, or s. 794.0115.:
105 (b) A person 18 years of age or older who commits sexual
106 battery upon a person 18 years of age or older without that
107 person’s consent, under any of the circumstances listed in
108 paragraph (e), commits a felony of the first degree, punishable
109 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
110 794.0115.
111 (c) A person younger than 18 years of age who commits
112 sexual battery upon a person 12 years of age or older without
113 that person’s consent, under any of the circumstances listed in
114 paragraph (e), commits a felony of the first degree, punishable
115 as provided in s. 775.082, s. 775.083, s. 775.084, or s.
116 794.0115.
117 (d) A person commits a felony of the first degree,
118 punishable by a term of years not exceeding life or as provided
119 in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
120 person commits sexual battery upon a person 12 years of age or
121 older without that person’s consent, under any of the
122 circumstances listed in paragraph (e), and such person was
123 previously convicted of a violation of:
124 1. Section 787.01(2) or s. 787.02(2) when the violation
125 involved a victim who was a minor and, in the course of
126 committing that violation, the defendant committed against the
127 minor a sexual battery under this chapter or a lewd act under s.
128 800.04 or s. 847.0135(5);
129 2. Section 787.01(3)(a)2. or 3.;
130 3. Section 787.02(3)(a)2. or 3.;
131 4. Section 800.04;
132 5. Section 825.1025;
133 6. Section 847.0135(5); or
134 7. This chapter, excluding subsection (10) of this section.
135 (e) The following circumstances apply to paragraphs (a)
136 (d):
137 1.(a) When The victim is physically helpless to resist.
138 2.(b) When The offender coerces the victim to submit by
139 threatening to use force or violence likely to cause serious
140 personal injury on the victim, and the victim reasonably
141 believes that the offender has the present ability to execute
142 the threat.
143 3.(c) When The offender coerces the victim to submit by
144 threatening to retaliate against the victim, or any other
145 person, and the victim reasonably believes that the offender has
146 the ability to execute the threat in the future.
147 4.(d) When The offender, without the prior knowledge or
148 consent of the victim, administers or has knowledge of someone
149 else administering to the victim any narcotic, anesthetic, or
150 other intoxicating substance that which mentally or physically
151 incapacitates the victim.
152 5.(e) When The victim is mentally defective, and the
153 offender has reason to believe this or has actual knowledge of
154 this fact.
155 6.(f) When The victim is physically incapacitated.
156 7.(g) When The offender is a law enforcement officer,
157 correctional officer, or correctional probation officer as
158 defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
159 is certified under the provisions of s. 943.1395 or is an
160 elected official exempt from such certification by virtue of s.
161 943.253, or any other person in a position of control or
162 authority in a probation, community control, controlled release,
163 detention, custodial, or similar setting, and such officer,
164 official, or person is acting in such a manner as to lead the
165 victim to reasonably believe that the offender is in a position
166 of control or authority as an agent or employee of government.
167 (5)(a) A person 18 years of age or older who commits sexual
168 battery upon a person 12 years of age or older but younger than
169 18 years of age, without that person’s consent, and in the
170 process thereof does not use physical force and violence likely
171 to cause serious personal injury commits a felony of the first
172 second degree, punishable as provided in s. 775.082, s. 775.083,
173 s. 775.084, or s. 794.0115.
174 (b) A person 18 years of age or older who commits sexual
175 battery upon a person 18 years of age or older, without that
176 person’s consent, and in the process does not use physical force
177 and violence likely to cause serious personal injury commits a
178 felony of the second degree, punishable as provided in s.
179 775.082, s. 775.083, s. 775.084, or s. 794.0115.
180 (c) A person younger than 18 years of age who commits
181 sexual battery upon a person 12 years of age or older, without
182 that person’s consent, and in the process does not use physical
183 force and violence likely to cause serious personal injury
184 commits a felony of the second degree, punishable as provided in
185 s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
186 (d) A person commits a felony of the first degree,
187 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
188 s. 794.0115 if the person commits sexual battery upon a person
189 12 years of age or older, without that person’s consent, and in
190 the process does not use physical force and violence likely to
191 cause serious personal injury and the person was previously
192 convicted of a violation of:
193 1. Section 787.01(2) or s. 787.02(2) when the violation
194 involved a victim who was a minor and, in the course of
195 committing that violation, the defendant committed against the
196 minor a sexual battery under this chapter or a lewd act under s.
197 800.04 or s. 847.0135(5);
198 2. Section 787.01(3)(a)2. or 3.;
199 3. Section 787.02(3)(a)2. or 3.;
200 4. Section 800.04;
201 5. Section 825.1025;
202 6. Section 847.0135(5); or
203 7. This chapter, excluding subsection (10) of this section.
204 (6)(a) The offenses offense described in paragraphs (5)(a)
205 (c) are subsection (5)is included in any sexual battery offense
206 charged under subsection (3) or subsection (4).
207 (b) The offense described in paragraph (5)(a) is included
208 in an offense charged under paragraph (4)(a).
209 (c) The offense described in paragraph (5)(b) is included
210 in an offense charged under paragraph (4)(b).
211 (d) The offense described in paragraph (5)(c) is included
212 in an offense charged under paragraph (4)(c).
213 (e) The offense described in paragraph (5)(d) is included
214 in an offense charged under paragraph (4)(d).
215 (8) Without regard to the willingness or consent of the
216 victim, which is not a defense to prosecution under this
217 subsection, a person who is in a position of familial or
218 custodial authority to a person less than 18 years of age and
219 who:
220 (b) Engages in any act with that person while the person is
221 12 years of age or older but younger less than 18 years of age
222 which constitutes sexual battery under paragraph (1)(h) commits
223 a felony of the first degree, punishable by a term of years not
224 exceeding life or as provided in s. 775.082, s. 775.083, or s.
225 775.084.
226 (9) For prosecution under paragraph (4)(a), paragraph
227 (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
228 offense committed under any of the circumstances listed in
229 subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
230 reasonably believed by the victim to be in a position of
231 authority or control does not constitute consent, and it is not
232 a defense that the perpetrator was not actually in a position of
233 control or authority if the circumstances were such as to lead
234 the victim to reasonably believe that the person was in such a
235 position.
236 (10) A Any person who falsely accuses a any person listed
237 in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
238 position of control or authority as an agent or employee of
239 government of violating paragraph (4)(a), paragraph (4)(b),
240 paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
241 of a felony of the third degree, punishable as provided in s.
242 775.082, s. 775.083, or s. 775.084.
243 Section 4. Subsection (2) of section 794.0115, Florida
244 Statutes, is amended to read:
245 794.0115 Dangerous sexual felony offender; mandatory
246 sentencing.—
247 (2) Any person who is convicted of a violation of s.
248 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
249 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or
250 (4); or s. 847.0145; or of any similar offense under a former
251 designation, which offense the person committed when he or she
252 was 18 years of age or older, and the person:
253 (a) Caused serious personal injury to the victim as a
254 result of the commission of the offense;
255 (b) Used or threatened to use a deadly weapon during the
256 commission of the offense;
257 (c) Victimized more than one person during the course of
258 the criminal episode applicable to the offense;
259 (d) Committed the offense while under the jurisdiction of a
260 court for a felony offense under the laws of this state, for an
261 offense that is a felony in another jurisdiction, or for an
262 offense that would be a felony if that offense were committed in
263 this state; or
264 (e) Has previously been convicted of a violation of s.
265 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s.
266 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or
267 (4); s. 847.0145; of any offense under a former statutory
268 designation which is similar in elements to an offense described
269 in this paragraph; or of any offense that is a felony in another
270 jurisdiction, or would be a felony if that offense were
271 committed in this state, and which is similar in elements to an
272 offense described in this paragraph,
273
274 is a dangerous sexual felony offender, who must be sentenced to
275 a mandatory minimum term of 25 years imprisonment up to, and
276 including, life imprisonment. If the offense described in this
277 subsection was committed on or after October 1, 2014, a person
278 who qualifies as a dangerous sexual felony offender pursuant to
279 this subsection must be sentenced to a mandatory minimum term of
280 50 years imprisonment up to, and including, life imprisonment.
281 Section 5. Subsection (1) of section 794.05, Florida
282 Statutes, is amended to read:
283 794.05 Unlawful sexual activity with certain minors.—
284 (1) A person 24 years of age or older who engages in sexual
285 activity with a person 16 or 17 years of age commits a felony of
286 the second degree, punishable as provided in s. 775.082, s.
287 775.083, or s. 775.084. As used in this section, “sexual
288 activity” means oral, anal, or vaginal penetration by, or union
289 with, the sexual organ of another or the anal or vaginal
290 penetration of another by any other object; however, sexual
291 activity does not include an act done for a bona fide medical
292 purpose.
293 Section 6. Subsections (4) and (5) of section 800.04,
294 Florida Statutes, are amended to read:
295 800.04 Lewd or lascivious offenses committed upon or in the
296 presence of persons less than 16 years of age.—
297 (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
298 (a) A person commits lewd or lascivious battery by:
299 1. Engaging in sexual activity with a person 12 years of
300 age or older but less than 16 years of age; or
301 2. Encouraging, forcing, or enticing any person less than
302 16 years of age to engage in sadomasochistic abuse, sexual
303 bestiality, prostitution, or any other act involving sexual
304 activity.
305 (b) Except as provided in paragraph (c), an offender who
306 commits lewd or lascivious battery commits a felony of the
307 second degree, punishable as provided in s. 775.082, s. 775.083,
308 or s. 775.084.
309 (c) A person commits a felony of the first degree,
310 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
311 if the person is an offender 18 years of age or older who
312 commits lewd or lascivious battery and was previously convicted
313 of a violation of:
314 1. Section 787.01(2) or s. 787.02(2) when the violation
315 involved a victim who was a minor and, in the course of
316 committing that violation, the defendant committed against the
317 minor a sexual battery under chapter 794 or a lewd act under
318 this section or s. 847.0135(5);
319 2. Section 787.01(3)(a)2. or 3.;
320 3. Section 787.02(3)(a)2. or 3.;
321 4. Chapter 794, excluding s. 794.011(10);
322 5. Section 825.1025;
323 6. Section 847.0135(5); or
324 7. This section.
325 (a) Engages in sexual activity with a person 12 years of
326 age or older but less than 16 years of age; or
327 (b) Encourages, forces, or entices any person less than 16
328 years of age to engage in sadomasochistic abuse, sexual
329 bestiality, prostitution, or any other act involving sexual
330 activity
331
332 commits lewd or lascivious battery, a felony of the second
333 degree, punishable as provided in s. 775.082, s. 775.083, or s.
334 775.084.
335 (5) LEWD OR LASCIVIOUS MOLESTATION.—
336 (a) A person who intentionally touches in a lewd or
337 lascivious manner the breasts, genitals, genital area, or
338 buttocks, or the clothing covering them, of a person less than
339 16 years of age, or forces or entices a person under 16 years of
340 age to so touch the perpetrator, commits lewd or lascivious
341 molestation.
342 (b) An offender 18 years of age or older who commits lewd
343 or lascivious molestation against a victim less than 12 years of
344 age commits a life felony, punishable as provided in s.
345 775.082(3)(a)4.
346 (c)1. An offender less than 18 years of age who commits
347 lewd or lascivious molestation against a victim less than 12
348 years of age; or
349 2. An offender 18 years of age or older who commits lewd or
350 lascivious molestation against a victim 12 years of age or older
351 but less than 16 years of age
352
353 commits a felony of the second degree, punishable as provided in
354 s. 775.082, s. 775.083, or s. 775.084.
355 (d) An offender less than 18 years of age who commits lewd
356 or lascivious molestation against a victim 12 years of age or
357 older but less than 16 years of age commits a felony of the
358 third degree, punishable as provided in s. 775.082, s. 775.083,
359 or s. 775.084.
360 (e) A person commits a felony of the first degree,
361 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
362 if the person is 18 years of age or older and commits lewd or
363 lascivious molestation against a victim 12 years of age or older
364 but less than 16 years of age and the person was previously
365 convicted of a violation of:
366 1. Section 787.01(2) or s. 787.02(2) when the violation
367 involved a victim who was a minor and, in the course of
368 committing the violation, the defendant committed against the
369 minor a sexual battery under chapter 794 or a lewd act under
370 this section or s. 847.0135(5);
371 2. Section 787.01(3)(a)2. or 3.;
372 3. Section 787.02(3)(a)2. or 3.;
373 4. Chapter 794, excluding s. 794.011(10);
374 5. Section 825.1025;
375 6. Section 847.0135(5); or
376 7. This section.
377 Section 7. Subsection (1) of section 810.14, Florida
378 Statutes, is amended to read:
379 810.14 Voyeurism prohibited; penalties.—
380 (1) A person commits the offense of voyeurism when he or
381 she, with lewd, lascivious, or indecent intent:,
382 (a) Secretly observes another person when the other person
383 is located in a dwelling, structure, or conveyance and such
384 location provides a reasonable expectation of privacy
385 (b) Secretly observes another person's intimate areas in
386 which the person has a reasonable expectation of privacy, when
387 the other person is located in a public or private dwelling,
388 structure, or conveyance. As used in this paragraph, the term
389 "intimate area" means any portion of a person's body or
390 undergarments that is covered by clothing and intended to be
391 protected from public view.
392 Section 8. Paragraphs (g) through (i) of subsection (3) of
393 section 921.0022, Florida Statutes, are amended to read:
394 921.0022 Criminal Punishment Code; offense severity ranking
395 chart.—
396 (3) OFFENSE SEVERITY RANKING CHART
397 (g) LEVEL 7
398
399 FloridaStatute FelonyDegree Description
400 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
401 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
402 316.1935(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.
403 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
404 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
405 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
406 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
407 456.065(2) 3rd Practicing a health care profession without a license.
408 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
409 458.327(1) 3rd Practicing medicine without a license.
410 459.013(1) 3rd Practicing osteopathic medicine without a license.
411 460.411(1) 3rd Practicing chiropractic medicine without a license.
412 461.012(1) 3rd Practicing podiatric medicine without a license.
413 462.17 3rd Practicing naturopathy without a license.
414 463.015(1) 3rd Practicing optometry without a license.
415 464.016(1) 3rd Practicing nursing without a license.
416 465.015(2) 3rd Practicing pharmacy without a license.
417 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
418 467.201 3rd Practicing midwifery without a license.
419 468.366 3rd Delivering respiratory care services without a license.
420 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
421 483.901(9) 3rd Practicing medical physics without a license.
422 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
423 484.053 3rd Dispensing hearing aids without a license.
424 494.0018(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.
425 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
426 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
427 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
428 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
429 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
430 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
431 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
432 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
433 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
434 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
435 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
436 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
437 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
438 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
439 784.048(7) 3rd Aggravated stalking; violation of court order.
440 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
441 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
442 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
443 784.081(1) 1st Aggravated battery on specified official or employee.
444 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
445 784.083(1) 1st Aggravated battery on code inspector.
446 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
447 787.06(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.
448 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
449 790.16(1) 1st Discharge of a machine gun under specified circumstances.
450 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
451 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
452 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
453 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
454 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
455 794.08(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.
456 796.03 2nd Procuring any person under 16 years for prostitution.
457 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger less than 12 years of age; offender younger less than 18 years.
458 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger less than 16 years; offender 18 years or older.
459 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
460 806.01(2) 2nd Maliciously damage structure by fire or explosive.
461 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
462 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
463 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
464 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
465 812.014(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.
466 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
467 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
468 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
469 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
470 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
471 812.131(2)(a) 2nd Robbery by sudden snatching.
472 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
473 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
474 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
475 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
476 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
477 817.2341 (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.
478 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
479 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
480 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
481 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
482 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
483 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
484 838.015 2nd Bribery.
485 838.016 2nd Unlawful compensation or reward for official behavior.
486 838.021(3)(a) 2nd Unlawful harm to a public servant.
487 838.22 2nd Bid tampering.
488 843.0855(2) 3rd Impersonation of a public officer or employee.
489 843.0855(3) 3rd Unlawful simulation of legal process.
490 843.0855(4) 3rd Intimidation of a public officer or employee.
491 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
492 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
493 872.06 2nd Abuse of a dead human body.
494 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
495 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
496 893.13(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.
497 893.13(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.
498 893.13(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).
499 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
500 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
501 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
502 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
503 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
504 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
505 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
506 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
507 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
508 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
509 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
510 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
511 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
512 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
513 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
514 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
515 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
516 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
517 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
518 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
519 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
520 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
521 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
522 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
523 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
524
525 (h) LEVEL 8
526
527 FloridaStatute FelonyDegree Description
528 316.193 (3)(c)3.a. 2nd DUI manslaughter.
529 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
530 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
531 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
532 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
533 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
534 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
535 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
536 777.03(2)(a) 1st Accessory after the fact, capital felony.
537 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
538 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
539 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
540 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
541 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
542 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
543 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
544 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
545 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
546 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
547 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
548 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
549 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
550 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
551 800.04(4)(b) 2nd Lewd or lascivious battery.
552 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
553 800.04(4) 2nd Lewd or lascivious battery.
554 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
555 810.02(2)(a) 1st,PBL Burglary with assault or battery.
556 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
557 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
558 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
559 812.13(2)(b) 1st Robbery with a weapon.
560 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
561 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
562 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
563 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
564 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
565 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
566 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
567 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
568 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
569 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
570 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
571 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
572 860.16 1st Aircraft piracy.
573 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
574 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
575 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
576 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
577 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
578 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
579 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
580 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
581 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
582 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
583 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
584 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
585 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
586 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
587 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
588 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
589 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
590 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
591 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
592
593 (i) LEVEL 9
594
595 FloridaStatute FelonyDegree Description
596 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
597 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
598 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
599 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
600 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
601 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
602 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
603 775.0844 1st Aggravated white collar crime.
604 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
605 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
606 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
607 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
608 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
609 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
610 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
611 787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
612 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
613 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
614 787.06(4) 1st Selling or buying of minors into human trafficking.
615 790.161 1st Attempted capital destructive device offense.
616 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
617 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
618 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
619 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
620 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
621 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
622 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
623 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
624 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
625 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
626 796.035 1st Selling or buying of minors into prostitution.
627 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
628 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
629 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
630 812.135(2)(b) 1st Home-invasion robbery with weapon.
631 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
632 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
633 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
634 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
635 827.03(2)(a) 1st Aggravated child abuse.
636 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
637 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
638 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
639 893.135 1st Attempted capital trafficking offense.
640 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
641 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
642 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
643 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
644 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
645 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
646 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
647 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
648 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
649 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
650 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
651
652 Section 9. Section 921.0024, Florida Statutes, is amended
653 to read:
654 921.0024 Criminal Punishment Code; worksheet computations;
655 scoresheets.—
656 (1)(a) The Criminal Punishment Code worksheet is used to
657 compute the subtotal and total sentence points as follows:
658
659 FLORIDA CRIMINAL PUNISHMENT CODE
660 WORKSHEET
661
662 OFFENSE SCORE
663
664 Primary Offense
665 Level Sentence Points Total
666 10 116 = ........
667 9 92 = ........
668 8 74 = ........
669 7 56 = ........
670 6 36 = ........
671 5 28 = ........
672 4 22 = ........
673 3 16 = ........
674 2 10 = ........
675 1 4 = ........
676
677 Total
678
679
680 Additional Offenses
681 Level Sentence Points Counts Total
682 10 58 x .... = ....
683 9 46 x .... = ....
684 8 37 x .... = ....
685 7 28 x .... = ....
686 6 18 x .... = ....
687 5 5.4 x .... = ....
688 4 3.6 x .... = ....
689 3 2.4 x .... = ....
690 2 1.2 x .... = ....
691 1 0.7 x .... = ....
692 M 0.2 x .... = ....
693
694 Total
695
696
697 Victim Injury
698 Level Sentence Points Number Total
699 2nd degreemurder-death 240 x .... = ....
700 Death 120 x .... = ....
701 Severe 40 x .... = ....
702 Moderate 18 x .... = ....
703 Slight 4 x .... = ....
704 Sexual penetration 80 x .... = ....
705 Sexual contact 40 x .... = ....
706
707 Total
708
709 Primary Offense + Additional Offenses + Victim Injury =
710 TOTAL OFFENSE SCORE
711
712 PRIOR RECORD SCORE
713
714 Prior Record
715 Level Sentence Points Number Total
716 10 29 x .... = ....
717 9 23 x .... = ....
718 8 19 x .... = ....
719 7 14 x .... = ....
720 6 9 x .... = ....
721 5 3.6 x .... = ....
722 4 2.4 x .... = ....
723 3 1.6 x .... = ....
724 2 0.8 x .... = ....
725 1 0.5 x .... = ....
726 M 0.2 x .... = ....
727
728 Total
729
730 TOTAL OFFENSE SCORE...........................................
731 TOTAL PRIOR RECORD SCORE......................................
732
733 LEGAL STATUS..................................................
734 COMMUNITY SANCTION VIOLATION..................................
735 PRIOR SERIOUS FELONY..........................................
736 PRIOR CAPITAL FELONY..........................................
737 FIREARM OR SEMIAUTOMATIC WEAPON...............................
738 SUBTOTAL........
739
740 PRISON RELEASEE REOFFENDER (no)(yes)..........................
741 VIOLENT CAREER CRIMINAL (no)(yes).............................
742 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
743 HABITUAL OFFENDER (no)(yes)...................................
744 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
745 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
746 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
747 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
748 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
749 (x multiplier)..................................................
750 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
751 ................................................................
752 TOTAL SENTENCE POINTS........
753
754 (b) WORKSHEET KEY:
755
756 Legal status points are assessed when any form of legal status
757 existed at the time the offender committed an offense before the
758 court for sentencing. Four (4) sentence points are assessed for
759 an offender’s legal status.
760
761 Community sanction violation points are assessed when a
762 community sanction violation is before the court for sentencing.
763 Six (6) sentence points are assessed for each community sanction
764 violation and each successive community sanction violation,
765 unless any of the following apply:
766 1. If the community sanction violation includes a new
767 felony conviction before the sentencing court, twelve (12)
768 community sanction violation points are assessed for the
769 violation, and for each successive community sanction violation
770 involving a new felony conviction.
771 2. If the community sanction violation is committed by a
772 violent felony offender of special concern as defined in s.
773 948.06:
774 a. Twelve (12) community sanction violation points are
775 assessed for the violation and for each successive violation of
776 felony probation or community control where:
777 I. The violation does not include a new felony conviction;
778 and
779 II. The community sanction violation is not based solely on
780 the probationer or offender’s failure to pay costs or fines or
781 make restitution payments.
782 b. Twenty-four (24) community sanction violation points are
783 assessed for the violation and for each successive violation of
784 felony probation or community control where the violation
785 includes a new felony conviction.
786
787 Multiple counts of community sanction violations before the
788 sentencing court shall not be a basis for multiplying the
789 assessment of community sanction violation points.
790
791 Prior serious felony points: If the offender has a primary
792 offense or any additional offense ranked in level 8, level 9, or
793 level 10, and one or more prior serious felonies, a single
794 assessment of thirty (30) points shall be added. For purposes of
795 this section, a prior serious felony is an offense in the
796 offender’s prior record that is ranked in level 8, level 9, or
797 level 10 under s. 921.0022 or s. 921.0023 and for which the
798 offender is serving a sentence of confinement, supervision, or
799 other sanction or for which the offender’s date of release from
800 confinement, supervision, or other sanction, whichever is later,
801 is within 3 years before the date the primary offense or any
802 additional offense was committed.
803
804 Prior capital felony points: If the offender has one or more
805 prior capital felonies in the offender’s criminal record, points
806 shall be added to the subtotal sentence points of the offender
807 equal to twice the number of points the offender receives for
808 the primary offense and any additional offense. A prior capital
809 felony in the offender’s criminal record is a previous capital
810 felony offense for which the offender has entered a plea of nolo
811 contendere or guilty or has been found guilty; or a felony in
812 another jurisdiction which is a capital felony in that
813 jurisdiction, or would be a capital felony if the offense were
814 committed in this state.
815
816 Possession of a firearm, semiautomatic firearm, or machine gun:
817 If the offender is convicted of committing or attempting to
818 commit any felony other than those enumerated in s. 775.087(2)
819 while having in his or her possession: a firearm as defined in
820 s. 790.001(6), an additional eighteen (18) sentence points are
821 assessed; or if the offender is convicted of committing or
822 attempting to commit any felony other than those enumerated in
823 s. 775.087(3) while having in his or her possession a
824 semiautomatic firearm as defined in s. 775.087(3) or a machine
825 gun as defined in s. 790.001(9), an additional twenty-five (25)
826 sentence points are assessed.
827
828 Sentencing multipliers:
829
830 Drug trafficking: If the primary offense is drug trafficking
831 under s. 893.135, the subtotal sentence points are multiplied,
832 at the discretion of the court, for a level 7 or level 8
833 offense, by 1.5. The state attorney may move the sentencing
834 court to reduce or suspend the sentence of a person convicted of
835 a level 7 or level 8 offense, if the offender provides
836 substantial assistance as described in s. 893.135(4).
837
838 Law enforcement protection: If the primary offense is a
839 violation of the Law Enforcement Protection Act under s.
840 775.0823(2), (3), or (4), the subtotal sentence points are
841 multiplied by 2.5. If the primary offense is a violation of s.
842 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
843 are multiplied by 2.0. If the primary offense is a violation of
844 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
845 Protection Act under s. 775.0823(10) or (11), the subtotal
846 sentence points are multiplied by 1.5.
847
848 Grand theft of a motor vehicle: If the primary offense is grand
849 theft of the third degree involving a motor vehicle and in the
850 offender’s prior record, there are three or more grand thefts of
851 the third degree involving a motor vehicle, the subtotal
852 sentence points are multiplied by 1.5.
853
854 Offense related to a criminal gang: If the offender is convicted
855 of the primary offense and committed that offense for the
856 purpose of benefiting, promoting, or furthering the interests of
857 a criminal gang as defined in s. 874.03, the subtotal sentence
858 points are multiplied by 1.5. If applying the multiplier results
859 in the lowest permissible sentence exceeding the statutory
860 maximum sentence for the primary offense under chapter 775, the
861 court may not apply the multiplier and must sentence the
862 defendant to the statutory maximum sentence.
863
864 Domestic violence in the presence of a child: If the offender is
865 convicted of the primary offense and the primary offense is a
866 crime of domestic violence, as defined in s. 741.28, which was
867 committed in the presence of a child under 16 years of age who
868 is a family or household member as defined in s. 741.28(3) with
869 the victim or perpetrator, the subtotal sentence points are
870 multiplied by 1.5.
871
872 Adult-on-minor sex offense: If the offender was 18 years of age
873 or older and the victim was younger than 18 years of age at the
874 time the offender committed the primary offense, and if the
875 primary offense was an offense committed on or after October 1,
876 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
877 violation involved a victim who was a minor and, in the course
878 of committing that violation, the defendant committed a sexual
879 battery under chapter 794 or a lewd act under s. 800.04 or s.
880 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
881 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
882 800.04; or s. 847.0135(5), the subtotal sentence points are
883 multiplied by 2.0. If applying the multiplier results in the
884 lowest permissible sentence exceeding the statutory maximum
885 sentence for the primary offense under chapter 775, the court
886 may not apply the multiplier and must sentence the defendant to
887 the statutory maximum sentence.
888 (2) The lowest permissible sentence is the minimum sentence
889 that may be imposed by the trial court, absent a valid reason
890 for departure. The lowest permissible sentence is any nonstate
891 prison sanction in which the total sentence points equals or is
892 less than 44 points, unless the court determines within its
893 discretion that a prison sentence, which may be up to the
894 statutory maximums for the offenses committed, is appropriate.
895 When the total sentence points exceeds 44 points, the lowest
896 permissible sentence in prison months shall be calculated by
897 subtracting 28 points from the total sentence points and
898 decreasing the remaining total by 25 percent. The total sentence
899 points shall be calculated only as a means of determining the
900 lowest permissible sentence. The permissible range for
901 sentencing shall be the lowest permissible sentence up to and
902 including the statutory maximum, as defined in s. 775.082, for
903 the primary offense and any additional offenses before the court
904 for sentencing. The sentencing court may impose such sentences
905 concurrently or consecutively. However, any sentence to state
906 prison must exceed 1 year. If the lowest permissible sentence
907 under the code exceeds the statutory maximum sentence as
908 provided in s. 775.082, the sentence required by the code must
909 be imposed. If the total sentence points are greater than or
910 equal to 363, the court may sentence the offender to life
911 imprisonment. An offender sentenced to life imprisonment under
912 this section is not eligible for any form of discretionary early
913 release, except executive clemency or conditional medical
914 release under s. 947.149.
915 (3) A single scoresheet shall be prepared for each
916 defendant to determine the permissible range for the sentence
917 that the court may impose, except that if the defendant is
918 before the court for sentencing for more than one felony and the
919 felonies were committed under more than one version or revision
920 of the guidelines or the code, separate scoresheets must be
921 prepared. The scoresheet or scoresheets must cover all the
922 defendant’s offenses pending before the court for sentencing.
923 The state attorney shall prepare the scoresheet or scoresheets,
924 which must be presented to the defense counsel for review for
925 accuracy in all cases unless the judge directs otherwise. The
926 defendant’s scoresheet or scoresheets must be approved and
927 signed by the sentencing judge.
928 (4) The Department of Corrections, in consultation with the
929 Office of the State Courts Administrator, state attorneys, and
930 public defenders, must develop and submit the revised Criminal
931 Punishment Code scoresheet to the Supreme Court for approval by
932 June 15 of each year, as necessary. Upon the Supreme Court’s
933 approval of the revised scoresheet, the Department of
934 Corrections shall produce and provide sufficient copies of the
935 revised scoresheets by September 30 of each year, as necessary.
936 Scoresheets must include item entries for the scoresheet
937 preparer’s use in indicating whether any prison sentence imposed
938 includes a mandatory minimum sentence or the sentence imposed
939 was a downward departure from the lowest permissible sentence
940 under the Criminal Punishment Code.
941 (5) The Department of Corrections shall distribute
942 sufficient copies of the Criminal Punishment Code scoresheets to
943 those persons charged with the responsibility for preparing
944 scoresheets.
945 (6) The clerk of the circuit court shall transmit a
946 complete, accurate, and legible copy of the Criminal Punishment
947 Code scoresheet used in each sentencing proceeding to the
948 Department of Corrections. Scoresheets must be transmitted no
949 less frequently than monthly, by the first of each month, and
950 may be sent collectively.
951 (7) A sentencing scoresheet must be prepared for every
952 defendant who is sentenced for a felony offense. A copy of the
953 individual offender’s Criminal Punishment Code scoresheet and
954 any attachments thereto prepared pursuant to Rule 3.701, Rule
955 3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
956 any other rule pertaining to the preparation and submission of
957 felony sentencing scoresheets, must be attached to the copy of
958 the uniform judgment and sentence form provided to the
959 Department of Corrections.
960 Section 10. Paragraph (e) is added to subsection (4) of
961 section 944.275, Florida Statutes, to read:
962 944.275 Gain-time.—
963 (4)
964 (e) Notwithstanding subparagraph (b)3., for sentences
965 imposed for offenses committed on or after October 1, 2014, the
966 department may not grant incentive gain-time if the offense is a
967 violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
968 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
969 800.04; s. 825.1025; or s. 847.0135(5).
970 Section 11. Subsections (13) and (14) are added to section
971 947.1405, Florida Statutes, to read:
972 947.1405 Conditional release program.—
973 (13) If a person who is transferred to the custody of the
974 Department of Children and Families pursuant to part V of
975 chapter 394 is subject to conditional release supervision, the
976 period of conditional release supervision is tolled until such
977 person is no longer in the custody of the Department of Children
978 and Families. This subsection applies to all periods of
979 conditional release supervision which begin on or after October
980 1, 2014, regardless of the date of the underlying offense.
981 (14) Effective for a releasee whose crime was committed on
982 or after October 1, 2014, in violation of chapter 794, s.
983 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition
984 to any other provision of this section, the commission must
985 impose a condition prohibiting the releasee from viewing,
986 accessing, owning, or possessing any obscene, pornographic, or
987 sexually stimulating visual or auditory material unless
988 otherwise indicated in the treatment plan provided by a
989 qualified practitioner in the sexual offender treatment program.
990 Visual or auditory material includes, but is not limited to,
991 telephone, electronic media, computer programs, and computer
992 services.
993 Section 12. Subsection (1) of section 948.012, Florida
994 Statutes, is amended, and subsections (5) and (6) are added to
995 that section, to read:
996 948.012 Split sentence of probation or community control
997 and imprisonment.—
998 (1) If Whenever punishment by imprisonment for a
999 misdemeanor or a felony, except for a capital felony, is
1000 prescribed, the court, in its discretion, may, at the time of
1001 sentencing, impose a split sentence whereby the defendant is to
1002 be placed on probation or, with respect to any such felony, into
1003 community control upon completion of any specified period of
1004 such sentence which may include a term of years or less. In such
1005 case, the court shall stay and withhold the imposition of the
1006 remainder of sentence imposed upon the defendant and direct that
1007 the defendant be placed upon probation or into community control
1008 after serving such period as may be imposed by the court. Except
1009 as provided in subsection (6), the period of probation or
1010 community control shall commence immediately upon the release of
1011 the defendant from incarceration, whether by parole or gain-time
1012 allowances.
1013 (5)(a) Effective for offenses committed on or after October
1014 1, 2014, if the court imposes a term of years in accordance with
1015 s. 775.082 which is less than the maximum sentence for the
1016 offense, the court must impose a split sentence pursuant to
1017 subsection (1) for any person who is convicted of a violation
1018 of:
1019 1. Section 782.04(1)(a)2.c.;
1020 2. Section 787.01(3)(a)2. or 3.;
1021 3. Section 787.02(3)(a)2. or 3.;
1022 4. Section 794.011, excluding s. 794.011(10);
1023 5. Section 800.04;
1024 6. Section 825.1025; or
1025 7. Section 847.0135(5).
1026 (b) The probation or community control portion of the split
1027 sentence imposed by the court must extend for at least 2 years.
1028 However, if the term of years imposed by the court extends to
1029 within 2 years of the maximum sentence for the offense, the
1030 probation or community control portion of the split sentence
1031 must extend for the remainder of the maximum sentence.
1032 (6) If a defendant who has been sentenced to a split
1033 sentence pursuant to subsection (1) is transferred to the
1034 custody of the Department of Children and Families pursuant to
1035 part V of chapter 394, the period of probation or community
1036 control is tolled until such person is no longer in the custody
1037 of the Department of Children and Families. This subsection
1038 applies to all sentences of probation or community control which
1039 begin on or after October 1, 2014, regardless of the date of the
1040 underlying offense.
1041 Section 13. Subsection (5) is added to section 948.30,
1042 Florida Statutes, to read:
1043 948.30 Additional terms and conditions of probation or
1044 community control for certain sex offenses.—Conditions imposed
1045 pursuant to this section do not require oral pronouncement at
1046 the time of sentencing and shall be considered standard
1047 conditions of probation or community control for offenders
1048 specified in this section.
1049 (5) Effective for a probationer or community controllee
1050 whose crime was committed on or after October 1, 2014, and who
1051 is placed on probation or community control for a violation of
1052 chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1053 847.0145, in addition to all other conditions imposed, the court
1054 must impose a condition prohibiting the probationer or community
1055 controllee from viewing, accessing, owning, or possessing any
1056 obscene, pornographic, or sexually stimulating visual or
1057 auditory material unless otherwise indicated in the treatment
1058 plan provided by a qualified practitioner in the sexual offender
1059 treatment program. Visual or auditory material includes, but is
1060 not limited to, telephone, electronic media, computer programs,
1061 and computer services.
1062 Section 14. Section 948.31, Florida Statutes, is amended to
1063 read:
1064 948.31 Evaluation and treatment of sexual predators and
1065 offenders on probation or community control.—The court may shall
1066 require an evaluation by a qualified practitioner to determine
1067 the need of a probationer or community controllee for treatment.
1068 If the court determines that a need therefor is established by
1069 the evaluation process, the court shall require sexual offender
1070 treatment as a term or condition of probation or community
1071 control for any probationer or community controllee person who
1072 is required to register as a sexual predator under s. 775.21 or
1073 sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
1074 undergo an evaluation, at the probationer or community
1075 controllee's expense, by a qualified practitioner to determine
1076 whether such probationer or community controllee needs sexual
1077 offender treatment. If the qualified practitioner determines
1078 that sexual offender treatment is needed and recommends
1079 treatment, the probationer or community controllee must
1080 successfully complete and pay for the treatment. Such treatment
1081 must shall be required to be obtained from a qualified
1082 practitioner as defined in s. 948.001. Treatment may not be
1083 administered by a qualified practitioner who has been convicted
1084 or adjudicated delinquent of committing, or attempting,
1085 soliciting, or conspiring to commit, any offense that is listed
1086 in s. 943.0435(1)(a)1.a.(I). The court shall impose a
1087 restriction against contact with minors if sexual offender
1088 treatment is recommended. The evaluation and recommendations for
1089 treatment of the probationer or community controllee shall be
1090 provided to the court for review.
1091 Section 15. If any provision of this act or its application
1092 to any person or circumstance is held invalid, the invalidity
1093 does not affect other provisions or applications of this act
1094 which can be given effect without the invalid provision or
1095 application, and to this end the provisions of this act are
1096 severable.
1097 Section 16. This act shall take effect October 1, 2014.
1098
1099 ================= T I T L E A M E N D M E N T ================
1100 And the title is amended as follows:
1101 Delete everything before the enacting clause
1102 and insert:
1103 A bill to be entitled
1104 An act relating to sexual offenses; amending s. 92.55,
1105 F.S.; authorizing orders limiting testimony in open
1106 court and in depositions if the victim or witness was
1107 a child under 16 years of age when a specified sexual
1108 offense occurred; authorizing the court to set other
1109 conditions appropriate to taking the testimony of this
1110 victim or witness; amending s. 775.15, F.S.;
1111 eliminating time limitations to the prosecution of
1112 specified criminal offenses relating to lewd or
1113 lascivious battery or molestation if the victim was
1114 younger than 16 years of age at the time of the
1115 offense; specifying an exception; providing
1116 applicability; amending s. 794.011, F.S.; revising and
1117 creating offenses involving sexual battery; increasing
1118 felony degree of certain sexual battery offenses;
1119 amending s. 794.0115, F.S.; imposing a 50-year minimum
1120 mandatory sentence for dangerous sexual felony
1121 offenders; amending s. 794.05, F.S.; revising
1122 definition of the term "sexual activity;" amending s.
1123 800.04, F.S.; revising and creating offenses involving
1124 lewd or lascivious battery and molestation; increasing
1125 felony degree of certain lewd or lascivious battery
1126 and molestation offenses; amending s. 810.14, F.S.;
1127 providing that voyeurism includes secretly observing
1128 another person's intimate areas in which the person
1129 has a reasonable expectation of privacy, when the
1130 other person is located in a public or private
1131 dwelling, structure, or conveyance; defining the term
1132 "intimate area"; amending s. 921.0022, F.S.; assigning
1133 offense severity rankings for new lewd or lascivious
1134 battery and molestation offenses and sexual battery
1135 offenses; amending s. 921.0024, F.S.; providing that
1136 sentence points are multiplied for specified sex
1137 offenses committed by an adult upon a minor under
1138 certain circumstances; amending s. 944.275, F.S.;
1139 prohibiting award of gain-time for certain offenses;
1140 amending s. 947.1405, F.S.; providing for tolling of
1141 conditional release supervision; providing
1142 applicability; amending ss. 947.1405 and 948.30, F.S.;
1143 prohibiting certain conditional releasees,
1144 probationers, or community controllees from viewing,
1145 accessing, owning, or possessing any obscene,
1146 pornographic, or sexually stimulating material;
1147 providing exceptions; amending s. 948.012, F.S.;
1148 requiring split sentence for certain sexual offenses;
1149 providing for tolling of probation or community
1150 control; amending s. 948.31, F.S.; authorizing the
1151 court to require a sexual offender or sexual predator
1152 who is on probation or community control to undergo an
1153 evaluation to determine whether the offender or
1154 predator needs sexual offender treatment; requiring
1155 the probationer or community controllee to pay for the
1156 treatment; removing a provision prohibiting contact
1157 with minors if sexual offender treatment is
1158 recommended; providing applicability; providing
1159 severability; providing an effective date.