Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1816
       
       
       
       
       
       
                                Barcode 378328                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/07/2012 12:54 PM       .                                
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       Senator Detert moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 426 and 427
    4  insert:
    5         Section 10. Section 827.03, Florida Statutes, is amended to
    6  read:
    7         827.03 Abuse, aggravated abuse, and neglect of a child;
    8  penalties.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Aggravated child abuse” occurs when a person:
   11         1. Commits aggravated battery on a child;
   12         2. Willfully tortures, maliciously punishes, or willfully
   13  and unlawfully cages a child; or
   14         3. Knowingly or willfully abuses a child and in so doing
   15  causes great bodily harm, permanent disability, or permanent
   16  disfigurement to the child.
   17         (b) “Child abuse” means:
   18         1.(a) Intentional infliction of physical or mental injury
   19  upon a child;
   20         2.(b) An intentional act that could reasonably be expected
   21  to result in physical or mental injury to a child; or
   22         3.(c) Active encouragement of any person to commit an act
   23  that results or could reasonably be expected to result in
   24  physical or mental injury to a child.
   25  
   26  A person who knowingly or willfully abuses a child without
   27  causing great bodily harm, permanent disability, or permanent
   28  disfigurement to the child commits a felony of the third degree,
   29  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   30         (2) “Aggravated child abuse” occurs when a person:
   31         (a) Commits aggravated battery on a child;
   32         (b) Willfully tortures, maliciously punishes, or willfully
   33  and unlawfully cages a child; or
   34         (c) Knowingly or willfully abuses a child and in so doing
   35  causes great bodily harm, permanent disability, or permanent
   36  disfigurement to the child.
   37  
   38  A person who commits aggravated child abuse commits a felony of
   39  the first degree, punishable as provided in s. 775.082, s.
   40  775.083, or s. 775.084.
   41         (c) “Maliciously” means wrongfully, intentionally, and
   42  without legal justification or excuse. Maliciousness may be
   43  established by circumstances from which one could conclude that
   44  a reasonable parent would not have engaged in the damaging acts
   45  toward the child for any valid reason and that the primary
   46  purpose of the acts was to cause the victim unjustifiable pain
   47  or injury.
   48         (d) “Mental injury” means injury to the intellectual or
   49  psychological capacity of a child as evidenced by a discernible
   50  and substantial impairment in the ability of the child to
   51  function within the normal range of performance and behavior as
   52  supported by expert testimony.
   53         (e)(3)(a) “Neglect of a child” means:
   54         1. A caregiver’s failure or omission to provide a child
   55  with the care, supervision, and services necessary to maintain
   56  the child’s physical and mental health, including, but not
   57  limited to, food, nutrition, clothing, shelter, supervision,
   58  medicine, and medical services that a prudent person would
   59  consider essential for the well-being of the child; or
   60         2. A caregiver’s failure to make a reasonable effort to
   61  protect a child from abuse, neglect, or exploitation by another
   62  person.
   63  
   64  Except as otherwise provided in this section, neglect of a child
   65  may be based on repeated conduct or on a single incident or
   66  omission that results in, or could reasonably be expected to
   67  result in, serious physical or mental injury, or a substantial
   68  risk of death, to a child.
   69         (2) OFFENSES.—
   70         (a) A person who commits aggravated child abuse commits a
   71  felony of the first degree, punishable as provided in s.
   72  775.082, s. 775.083, or s. 775.084.
   73         (b) A person who willfully or by culpable negligence
   74  neglects a child and in so doing causes great bodily harm,
   75  permanent disability, or permanent disfigurement to the child
   76  commits a felony of the second degree, punishable as provided in
   77  s. 775.082, s. 775.083, or s. 775.084.
   78         (c) A person who knowingly or willfully abuses a child
   79  without causing great bodily harm, permanent disability, or
   80  permanent disfigurement to the child commits a felony of the
   81  third degree, punishable as provided in s. 775.082, s. 775.083,
   82  or s. 775.084.
   83         (d)(c) A person who willfully or by culpable negligence
   84  neglects a child without causing great bodily harm, permanent
   85  disability, or permanent disfigurement to the child commits a
   86  felony of the third degree, punishable as provided in s.
   87  775.082, s. 775.083, or s. 775.084.
   88         (3) EXPERT TESTIMONY.—
   89         (a) Except as provided in paragraph (b), a physician may
   90  not provide expert testimony in a criminal child abuse case
   91  unless the physician is a physician licensed under chapter 458
   92  or chapter 459 or has obtained certification as an expert
   93  witness pursuant to s. 458.3175.
   94         (b) A physician may not provide expert testimony in a
   95  criminal child abuse case regarding mental injury unless the
   96  physician is a physician licensed under chapter 458 or chapter
   97  459 who has completed an accredited residency in psychiatry or
   98  has obtained certification as an expert witness pursuant to s.
   99  458.3175.
  100         (c) A psychologist may not give expert testimony in a
  101  criminal child abuse case regarding mental injury unless the
  102  psychologist is licensed under chapter 490.
  103         (d) The expert testimony requirements of this subsection
  104  apply only to criminal child abuse cases and not to family court
  105  or dependency court cases.
  106         (4) For purposes of this section, “maliciously” means
  107  wrongfully, intentionally, and without legal justification or
  108  excuse. Maliciousness may be established by circumstances from
  109  which one could conclude that a reasonable parent would not have
  110  engaged in the damaging acts toward the child for any valid
  111  reason and that the primary purpose of the acts was to cause the
  112  victim unjustifiable pain or injury.
  113         Section 11. Paragraph (d) of subsection (1) of section
  114  775.084, Florida Statutes, is amended to read:
  115         775.084 Violent career criminals; habitual felony offenders
  116  and habitual violent felony offenders; three-time violent felony
  117  offenders; definitions; procedure; enhanced penalties or
  118  mandatory minimum prison terms.—
  119         (1) As used in this act:
  120         (d) “Violent career criminal” means a defendant for whom
  121  the court must impose imprisonment pursuant to paragraph (4)(d),
  122  if it finds that:
  123         1. The defendant has previously been convicted as an adult
  124  three or more times for an offense in this state or other
  125  qualified offense that is:
  126         a. Any forcible felony, as described in s. 776.08;
  127         b. Aggravated stalking, as described in s. 784.048(3) and
  128  (4);
  129         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  130         d. Aggravated abuse of an elderly person or disabled adult,
  131  as described in s. 825.102(2);
  132         e. Lewd or lascivious battery, lewd or lascivious
  133  molestation, lewd or lascivious conduct, or lewd or lascivious
  134  exhibition, as described in s. 800.04 or s. 847.0135(5);
  135         f. Escape, as described in s. 944.40; or
  136         g. A felony violation of chapter 790 involving the use or
  137  possession of a firearm.
  138         2. The defendant has been incarcerated in a state prison or
  139  a federal prison.
  140         3. The primary felony offense for which the defendant is to
  141  be sentenced is a felony enumerated in subparagraph 1. and was
  142  committed on or after October 1, 1995, and:
  143         a. While the defendant was serving a prison sentence or
  144  other sentence, or court-ordered or lawfully imposed supervision
  145  that is imposed as a result of a prior conviction for an
  146  enumerated felony; or
  147         b. Within 5 years after the conviction of the last prior
  148  enumerated felony, or within 5 years after the defendant’s
  149  release from a prison sentence, probation, community control,
  150  control release, conditional release, parole, or court-ordered
  151  or lawfully imposed supervision or other sentence that is
  152  imposed as a result of a prior conviction for an enumerated
  153  felony, whichever is later.
  154         4. The defendant has not received a pardon for any felony
  155  or other qualified offense that is necessary for the operation
  156  of this paragraph.
  157         5. A conviction of a felony or other qualified offense
  158  necessary to the operation of this paragraph has not been set
  159  aside in any postconviction proceeding.
  160         Section 12. Subsection (1) of section 775.0877, Florida
  161  Statutes, is amended to read:
  162         775.0877 Criminal transmission of HIV; procedures;
  163  penalties.—
  164         (1) In any case in which a person has been convicted of or
  165  has pled nolo contendere or guilty to, regardless of whether
  166  adjudication is withheld, any of the following offenses, or the
  167  attempt thereof, which offense or attempted offense involves the
  168  transmission of body fluids from one person to another:
  169         (a) Section 794.011, relating to sexual battery;
  170         (b) Section 826.04, relating to incest;
  171         (c) Section 800.04, relating to lewd or lascivious offenses
  172  committed upon or in the presence of persons less than 16 years
  173  of age;
  174         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  175  relating to assault;
  176         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  177  relating to aggravated assault;
  178         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  179  relating to battery;
  180         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  181  relating to aggravated battery;
  182         (h) Section 827.03(2)(c)(1), relating to child abuse;
  183         (i) Section 827.03(2)(a), relating to aggravated child
  184  abuse;
  185         (j) Section 825.102(1), relating to abuse of an elderly
  186  person or disabled adult;
  187         (k) Section 825.102(2), relating to aggravated abuse of an
  188  elderly person or disabled adult;
  189         (l) Section 827.071, relating to sexual performance by
  190  person less than 18 years of age;
  191         (m) Sections 796.03, 796.07, and 796.08, relating to
  192  prostitution; or
  193         (n) Section 381.0041(11)(b), relating to donation of blood,
  194  plasma, organs, skin, or other human tissue,
  195  
  196  the court shall order the offender to undergo HIV testing, to be
  197  performed under the direction of the Department of Health in
  198  accordance with s. 381.004, unless the offender has undergone
  199  HIV testing voluntarily or pursuant to procedures established in
  200  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  201  rule providing for HIV testing of criminal offenders or inmates,
  202  subsequent to her or his arrest for an offense enumerated in
  203  paragraphs (a)-(n) for which she or he was convicted or to which
  204  she or he pled nolo contendere or guilty. The results of an HIV
  205  test performed on an offender pursuant to this subsection are
  206  not admissible in any criminal proceeding arising out of the
  207  alleged offense.
  208         Section 13. Subsection (3) of section 782.07, Florida
  209  Statutes, is amended to read:
  210         782.07 Manslaughter; aggravated manslaughter of an elderly
  211  person or disabled adult; aggravated manslaughter of a child;
  212  aggravated manslaughter of an officer, a firefighter, an
  213  emergency medical technician, or a paramedic.—
  214         (3) A person who causes the death of any person under the
  215  age of 18 by culpable negligence under s. 827.03(2)(b)(3)
  216  commits aggravated manslaughter of a child, a felony of the
  217  first degree, punishable as provided in s. 775.082, s. 775.083,
  218  or s. 775.084.
  219         Section 14. Paragraphs (f), (g), and (i) of subsection (3)
  220  of section 921.0022, Florida Statutes, are amended to read:
  221         921.0022 Criminal Punishment Code; offense severity ranking
  222  chart.—
  223         (3) OFFENSE SEVERITY RANKING CHART
  224         (f) LEVEL 6
  225  FloridaStatute   FelonyDegree                Description                 
  226  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
  227  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
  228  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  229  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  230  775.0875(1)        3rd   Taking firearm from law enforcement officer.
  231  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
  232  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
  233  784.041            3rd   Felony battery; domestic battery by strangulation.
  234  784.048(3)         3rd   Aggravated stalking; credible threat.       
  235  784.048(5)         3rd   Aggravated stalking of person under 16.     
  236  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
  237  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
  238  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
  239  784.081(2)         2nd   Aggravated assault on specified official or employee.
  240  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
  241  784.083(2)         2nd   Aggravated assault on code inspector.       
  242  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  243  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
  244  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  245  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  246  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  247  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  248  794.05(1)          2nd   Unlawful sexual activity with specified minor.
  249  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.
  250  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  251  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
  252  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
  253  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  254  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  255  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  256  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  257  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  258  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
  259  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  260  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  261  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  262  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  263  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  264  827.03(2)(c)827.03(1)  3rd   Abuse of a child.                           
  265  827.03(2)(d)827.03(3)(c)  3rd   Neglect of a child.                         
  266  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  267  836.05             2nd   Threats; extortion.                         
  268  836.10             2nd   Written threats to kill or do bodily injury.
  269  843.12             3rd   Aids or assists person to escape.           
  270  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  271  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  272  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  273  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  274  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.
  275  944.40             2nd   Escapes.                                    
  276  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  277  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  278  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  279         (g) LEVEL 7
  280  FloridaStatute   FelonyDegree                Description                
  281  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  282  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  283  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.
  284  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  285  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  286  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  287  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  288  456.065(2)          3rd   Practicing a health care profession without a license.
  289  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  290  458.327(1)          3rd   Practicing medicine without a license.     
  291  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  292  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  293  461.012(1)          3rd   Practicing podiatric medicine without a license.
  294  462.17              3rd   Practicing naturopathy without a license.  
  295  463.015(1)          3rd   Practicing optometry without a license.    
  296  464.016(1)          3rd   Practicing nursing without a license.      
  297  465.015(2)          3rd   Practicing pharmacy without a license.     
  298  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  299  467.201             3rd   Practicing midwifery without a license.    
  300  468.366             3rd   Delivering respiratory care services without a license.
  301  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  302  483.901(9)          3rd   Practicing medical physics without a license.
  303  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  304  484.053             3rd   Dispensing hearing aids without a license. 
  305  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.
  306  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.
  307  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  308  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  309  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  310  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  311  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  312  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  313  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  314  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  315  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  316  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  317  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  318  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  319  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  320  784.048(7)          3rd   Aggravated stalking; violation of court order.
  321  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  322  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  323  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  324  784.081(1)          1st   Aggravated battery on specified official or employee.
  325  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  326  784.083(1)          1st   Aggravated battery on code inspector.      
  327  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  328  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  329  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  330  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  331  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  332  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  333  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  334  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.
  335  796.03              2nd   Procuring any person under 16 years for prostitution.
  336  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  337  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  338  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  339  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  340  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  341  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  342  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  343  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.
  344  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  345  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  346  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  347  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  348  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  349  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  350  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  351  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  352  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  353  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  354  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.
  355  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  356  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.
  357  827.03(2)(b)827.03(3)(b)   2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  358  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  359  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  360  838.015             2nd   Bribery.                                   
  361  838.016             2nd   Unlawful compensation or reward for official behavior.
  362  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  363  838.22              2nd   Bid tampering.                             
  364  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  365  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  366  872.06              2nd   Abuse of a dead human body.                
  367  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  368  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.
  369  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.
  370  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).
  371  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  372  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  373  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  374  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  375  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  376  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  377  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  378  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  379  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  380  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  381  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  382  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  383  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  384  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  385  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  386  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  387  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  388  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  389  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  390  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  391  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  392  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  393  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  394  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  395  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  396         (i) LEVEL 9
  397  FloridaStatute    FelonyDegree               Description                
  398  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  399  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  400  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  401  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  402  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  403  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  404  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  405  775.0844             1st   Aggravated white collar crime.            
  406  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  407  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  408  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  409  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  410  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  411  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  412  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  413  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.
  414  790.161              1st   Attempted capital destructive device offense.
  415  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  416  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  417  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  418  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  419  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  420  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  421  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  422  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  423  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  424  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  425  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.
  426  827.03(2)(a)827.03(2)   1st   Aggravated child abuse.                   
  427  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  428  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  429  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.
  430  893.135              1st   Attempted capital trafficking offense.    
  431  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  432  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  433  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  434  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  435  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  436  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  437  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  438  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  439  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  440  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  441  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  442         Section 15. Subsection (1) of section 948.062, Florida
  443  Statutes, is amended to read:
  444         948.062 Reviewing and reporting serious offenses committed
  445  by offenders placed on probation or community control.—
  446         (1) The department shall review the circumstances related
  447  to an offender placed on probation or community control who has
  448  been arrested while on supervision for the following offenses:
  449         (a) Any murder as provided in s. 782.04;
  450         (b) Any sexual battery as provided in s. 794.011 or s.
  451  794.023;
  452         (c) Any sexual performance by a child as provided in s.
  453  827.071;
  454         (d) Any kidnapping, false imprisonment, or luring of a
  455  child as provided in s. 787.01, s. 787.02, or s. 787.025;
  456         (e) Any lewd and lascivious battery or lewd and lascivious
  457  molestation as provided in s. 800.04(4) or (5);
  458         (f) Any aggravated child abuse as provided in s.
  459  827.03(2)(a) s. 827.03(2);
  460         (g) Any robbery with a firearm or other deadly weapon, home
  461  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
  462  s. 812.135, or s. 812.133;
  463         (h) Any aggravated stalking as provided in s. 784.048(3),
  464  (4), or (5);
  465         (i) Any forcible felony as provided in s. 776.08, committed
  466  by a any person on probation or community control who is
  467  designated as a sexual predator; or
  468         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
  469  or vehicular or vessel homicide as provided in s. 782.071 or s.
  470  782.072, committed by a any person who is on probation or
  471  community control for an offense involving death or injury
  472  resulting from a driving incident.
  473         Section 16. Subsections (3) and (14) of section 960.03,
  474  Florida Statutes, are amended to read:
  475         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  476  960.01-960.28, unless the context otherwise requires, the term:
  477         (3) “Crime” means:
  478         (a) A felony or misdemeanor offense committed by either an
  479  adult or a juvenile which results in physical injury or death or
  480  a felony or misdemeanor offense of child abuse committed by an
  481  adult or a juvenile against a person younger than 18 years of
  482  age which resulted in a mental injury, as defined in s. 39.01,
  483  but who was not physically injured by the criminal act. The
  484  mental injury to the minor must be verified by a psychologist
  485  licensed under chapter 490, by a physician licensed in this
  486  state under chapter 458 or chapter 459 and who has completed an
  487  accredited residency in psychiatry, or by a physician who has
  488  obtained certification as an expert witness pursuant to s.
  489  458.3175.
  490  
  491  The term also includes a any such criminal act that which is
  492  committed within this state but that which falls exclusively
  493  within federal jurisdiction.
  494         (b) A violation of s. 316.193, s. 316.027(1), s. 327.35(1),
  495  s. 782.071(1)(b), or s. 860.13(1)(a) which results in physical
  496  injury or death; however, an no other act involving the
  497  operation of a motor vehicle, boat, or aircraft which results in
  498  injury or death does not shall constitute a crime for the
  499  purpose of this chapter unless the injury or death was
  500  intentionally inflicted through the use of the such vehicle,
  501  boat, or aircraft or unless such vehicle, boat, or aircraft is
  502  an implement of a crime to which this act applies.
  503         (c) A criminal act committed outside of this state against
  504  a resident of this state which would have been compensable if it
  505  had occurred in this state and which occurred in a jurisdiction
  506  that does not have an eligible crime victim compensation program
  507  as the term is defined in the federal Victims of Crime Act of
  508  1984.
  509         (d) A Any violation of s. 827.071, s. 847.0135, s.
  510  847.0137, or s. 847.0138, related to online sexual exploitation
  511  and child pornography.
  512         (14) “Victim” means:
  513         (a) A person who suffers personal physical injury or death
  514  as a direct result of a crime;
  515         (b) A person younger than 18 years of age who was present
  516  at the scene of a crime, saw or heard the crime, and suffered a
  517  psychiatric or psychological injury because of the crime, but
  518  who was not physically injured; or
  519         (c) A person younger than 18 years of age who was the
  520  victim of a felony or misdemeanor offense of child abuse that
  521  resulted in a mental injury as defined by s. 39.01 but who was
  522  not physically injured; or
  523         (d)(c) A person against whom a forcible felony was
  524  committed and who suffers a psychiatric or psychological injury
  525  as a direct result of that crime but who does not otherwise
  526  sustain a personal physical injury or death.
  527  
  528  ================= T I T L E A M E N D M E N T ================
  529         And the title is amended as follows:
  530         Delete line 48
  531  and insert:
  532         amending s. 827.03, F.S.; defining the term “mental
  533         injury” with respect to the offenses of abuse,
  534         aggravated abuse, and neglect of a child; requiring
  535         that a physician or psychologist acting as an expert
  536         witness in certain proceedings have certain
  537         credentials; amending ss. 775.084, 775.0877, 782.07,
  538         921.0022, and 948.062, F.S.; conforming cross
  539         references; amending s. 960.03, F.S.; redefining the
  540         term “crime” for purposes of crime victims
  541         compensation to include additional forms of injury;
  542         redefining the term “victim” to conform with the
  543         modified definition of the term “crime”; providing an
  544         effective date.