Florida Senate - 2011                                     SB 764
       
       
       
       By Senator Sobel
       
       
       
       
       31-00923-11                                            2011764__
    1                        A bill to be entitled                      
    2         An act relating to assault or battery; amending s.
    3         784.081, F.S.; providing for reclassification of
    4         specified assault or battery offenses when committed
    5         against persons licensed, registered, certified, or
    6         regulated under provisions relating to psychological
    7         and clinical, counseling, and psychotherapy services;
    8         reenacting ss. 921.0022(3)(f) and 1006.13(5), F.S.,
    9         relating to the offense severity ranking chart of the
   10         Criminal Punishment Code and a policy of zero
   11         tolerance for crime and victimization, to incorporate
   12         the amendment made to 784.081, F.S., in references
   13         thereto; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) of section 784.081, Florida
   18  Statutes, is amended to read:
   19         784.081 Assault or battery on specified officials or
   20  employees; reclassification of offenses.—
   21         (2) Whenever a person is charged with committing an assault
   22  or aggravated assault or a battery or aggravated battery upon
   23  any elected official or employee of: a school district; a
   24  private school; the Florida School for the Deaf and the Blind; a
   25  university lab school; a state university or any other entity of
   26  the state system of public education, as defined in s. 1000.04;
   27  a sports official; an employee or protective investigator of the
   28  Department of Children and Family Services; an employee of a
   29  lead community-based provider and its direct service contract
   30  providers; a person licensed, registered, certified, or
   31  regulated by chapter 490 or chapter 491; or an employee of the
   32  Department of Health or its direct service contract providers,
   33  when the person committing the offense knows or has reason to
   34  know the identity or position or employment of the victim, the
   35  offense for which the person is charged shall be reclassified as
   36  follows:
   37         (a) In the case of aggravated battery, from a felony of the
   38  second degree to a felony of the first degree.
   39         (b) In the case of aggravated assault, from a felony of the
   40  third degree to a felony of the second degree.
   41         (c) In the case of battery, from a misdemeanor of the first
   42  degree to a felony of the third degree.
   43         (d) In the case of assault, from a misdemeanor of the
   44  second degree to a misdemeanor of the first degree.
   45         Section 2. For the purpose of incorporating the amendment
   46  made by this act to section 784.081, Florida Statutes, in a
   47  reference thereto, paragraph (f) of subsection (3) of section
   48  921.0022, Florida Statutes, is reenacted to read:
   49         921.0022 Criminal Punishment Code; offense severity ranking
   50  chart.—
   51         (3) OFFENSE SEVERITY RANKING CHART
   52         (f) LEVEL 6
   53  FloridaStatute   FelonyDegree                Description                 
   54  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
   55  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
   56  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
   57  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
   58  775.0875(1)        3rd   Taking firearm from law enforcement officer.
   59  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
   60  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
   61  784.041            3rd   Felony battery; domestic battery by strangulation.
   62  784.048(3)         3rd   Aggravated stalking; credible threat.       
   63  784.048(5)         3rd   Aggravated stalking of person under 16.     
   64  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
   65  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
   66  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
   67  784.081(2)         2nd   Aggravated assault on specified official or employee.
   68  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
   69  784.083(2)         2nd   Aggravated assault on code inspector.       
   70  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
   71  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
   72  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
   73  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
   74  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
   75  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
   76  794.05(1)          2nd   Unlawful sexual activity with specified minor.
   77  800.04(5)(d)       3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
   78  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
   79  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
   80  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
   81  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
   82  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
   83  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
   84  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
   85  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
   86  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
   87  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
   88  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
   89  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
   90  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
   91  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
   92  827.03(1)          3rd   Abuse of a child.                           
   93  827.03(3)(c)       3rd   Neglect of a child.                         
   94  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
   95  836.05             2nd   Threats; extortion.                         
   96  836.10             2nd   Written threats to kill or do bodily injury.
   97  843.12             3rd   Aids or assists person to escape.           
   98  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
   99  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  100  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  101  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  102  944.35(3)(a)2.     3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  103  944.40             2nd   Escapes.                                    
  104  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  105  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  106  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  107         Section 3. For the purpose of incorporating the amendment
  108  made by this act to section 784.081, Florida Statutes, in a
  109  reference thereto, subsection (5) of section 1006.13, Florida
  110  Statutes, is reenacted to read:
  111         1006.13 Policy of zero tolerance for crime and
  112  victimization.—
  113         (5) Notwithstanding any other provision of law, each
  114  district school board shall adopt rules providing that any
  115  student found to have committed any offense in s. 784.081(1),
  116  (2), or (3) shall be expelled or placed in an alternative school
  117  setting or other program, as appropriate. Upon being charged
  118  with the offense, the student shall be removed from the
  119  classroom immediately and placed in an alternative school
  120  setting pending disposition.
  121         Section 4. This act shall take effect July 1, 2011.