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.