Florida Senate - 2017 SB 1122
By Senator Hukill
14-00550A-17 20171122__
1 A bill to be entitled
2 An act relating to the use or operation of a drone by
3 certain offenders; creating s. 810.146, F.S.;
4 prohibiting the use or operation of a drone by certain
5 offenders for the purpose of viewing or recording an
6 image of a minor in specified locations; providing a
7 definition; providing criminal penalties; amending s.
8 921.0022, F.S.; assigning an offense severity ranking
9 in the Criminal Punishment Code; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 810.146, Florida Statutes, is created to
15 read:
16 810.146 Use or operation of a drone by certain offenders;
17 penalty.—
18 (1) A sexual predator who has been convicted of or found to
19 have committed, or has pled nolo contendere or guilty to,
20 regardless of adjudication, a violation or attempted violation
21 of a qualifying offense may not use or operate a drone, as
22 defined in s. 934.50, for the purpose of viewing or recording an
23 image of a minor who is on or at the minor’s domicile or on or
24 at a business, school, child care facility, park, playground, or
25 other place where children regularly congregate.
26 (2) For the purposes of this section, a qualifying offense
27 is an offense under s. 787.01 or s. 787.02, when the victim of
28 the offense was a minor; s. 787.025(2)(c); s. 794.011, excluding
29 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
30 s. 800.04; s. 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145;
31 or s. 985.701(1); or a violation of a similar law of another
32 jurisdiction when the victim of the offense was a minor.
33 (3) A violation of this section is a felony of the third
34 degree, punishable as provided in s. 775.082, s. 775.083, or s.
35 775.084.
36 Section 2. Paragraph (g) of subsection (3) of section
37 921.0022, Florida Statutes, is amended to read:
38 921.0022 Criminal Punishment Code; offense severity ranking
39 chart.—
40 (3) OFFENSE SEVERITY RANKING CHART
41 (g) LEVEL 7
42
43
44 FloridaStatute FelonyDegree Description
45 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
46 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
47 316.1935(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.
48 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
49 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
50 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
51 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
52 456.065(2) 3rd Practicing a health care profession without a license.
53 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
54 458.327(1) 3rd Practicing medicine without a license.
55 459.013(1) 3rd Practicing osteopathic medicine without a license.
56 460.411(1) 3rd Practicing chiropractic medicine without a license.
57 461.012(1) 3rd Practicing podiatric medicine without a license.
58 462.17 3rd Practicing naturopathy without a license.
59 463.015(1) 3rd Practicing optometry without a license.
60 464.016(1) 3rd Practicing nursing without a license.
61 465.015(2) 3rd Practicing pharmacy without a license.
62 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
63 467.201 3rd Practicing midwifery without a license.
64 468.366 3rd Delivering respiratory care services without a license.
65 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
66 483.901(7) 3rd Practicing medical physics without a license.
67 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
68 484.053 3rd Dispensing hearing aids without a license.
69 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
70 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
71 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
72 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
73 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
74 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
75 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
76 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
77 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
78 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
79 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
80 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
81 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
82 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
83 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
84 784.048(7) 3rd Aggravated stalking; violation of court order.
85 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
86 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
87 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
88 784.081(1) 1st Aggravated battery on specified official or employee.
89 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
90 784.083(1) 1st Aggravated battery on code inspector.
91 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
92 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
93 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
94 790.16(1) 1st Discharge of a machine gun under specified circumstances.
95 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
96 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
97 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
98 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
99 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
100 794.08(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.
101 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
102 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
103 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
104 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
105 800.04(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.
106 806.01(2) 2nd Maliciously damage structure by fire or explosive.
107 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
108 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
109 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
110 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
111 810.146 3rd Use or operation of a drone by certain offenders.
112 812.014(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.
113 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
114 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
115 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
116 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
117 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
118 812.131(2)(a) 2nd Robbery by sudden snatching.
119 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
120 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
121 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
122 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
123 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
124 817.2341 (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.
125 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
126 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
127 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
128 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
129 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
130 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
131 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
132 838.015 2nd Bribery.
133 838.016 2nd Unlawful compensation or reward for official behavior.
134 838.021(3)(a) 2nd Unlawful harm to a public servant.
135 838.22 2nd Bid tampering.
136 843.0855(2) 3rd Impersonation of a public officer or employee.
137 843.0855(3) 3rd Unlawful simulation of legal process.
138 843.0855(4) 3rd Intimidation of a public officer or employee.
139 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
140 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
141 872.06 2nd Abuse of a dead human body.
142 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
143 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
144 893.13(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.
145 893.13(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.
146 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
147 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
148 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
149 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
150 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
151 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
152 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
153 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
154 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
155 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
156 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
157 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
158 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
159 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
160 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
161 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
162 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
163 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
164 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
165 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
166 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
167 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
168 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
169 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
170 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
171 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
172 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
173 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
174 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
175 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
176 Section 3. This act shall take effect October 1, 2017.