ENROLLED
2014 Legislature CS for CS for SB 102
2014102er
1
2 An act relating to drivers leaving the scene of a
3 crash; creating the “Aaron Cohen Life Protection Act”;
4 amending s. 316.027, F.S.; redefining the term
5 “serious bodily injury” and defining the term
6 “vulnerable road user”; requiring the driver of a
7 vehicle involved in a crash that results in serious
8 bodily injury to a person to immediately stop the
9 vehicle and remain at the scene of the crash;
10 providing that a person commits a felony of the second
11 degree if he or she fails to stop the vehicle and
12 remain at the scene of the crash until specified
13 requirements are fulfilled; requiring the court to
14 impose a mandatory minimum term of imprisonment under
15 certain circumstances; requiring the revocation of the
16 driver’s driver license; requiring the driver to
17 participate in specified programs; providing for
18 ranking of an offense committed if the victim of the
19 offense was a vulnerable road user; authorizing the
20 defendant to move to depart from the mandatory minimum
21 term of imprisonment under certain circumstances;
22 providing requirements and procedures for such
23 departure; amending s. 322.0261, F.S.; requiring the
24 Department of Highway Safety and Motor Vehicles to
25 include in the curriculum of a certain driver
26 improvement course instruction addressing the rights
27 of vulnerable road users; amending s. 322.28, F.S.;
28 requiring the court to revoke for at least 3 years the
29 driver license of a person convicted of leaving the
30 scene of a crash involving injury, serious bodily
31 injury, or death; reenacting and amending s.
32 322.34(6), F.S., relating to driving while a driver
33 license is suspended, revoked, canceled, or
34 disqualified, to incorporate the amendment to s.
35 322.28, F.S., in a reference thereto; amending s.
36 921.0022, F.S.; revising the offense severity ranking
37 chart; conforming a cross-reference; providing an
38 effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. This act may be cited as the “Aaron Cohen Life
43 Protection Act.”
44 Section 2. Section 316.027, Florida Statutes, is amended to
45 read:
46 316.027 Crash involving death or personal injuries.—
47 (1) As used in this section, the term:
48 (a) “Serious bodily injury” means an injury to a person,
49 including the driver, which consists of a physical condition
50 that creates a substantial risk of death, serious personal
51 disfigurement, or protracted loss or impairment of the function
52 of a bodily member or organ.
53 (b) “Vulnerable road user” means:
54 1. A pedestrian, including a person actually engaged in
55 work upon a highway, or in work upon utility facilities along a
56 highway, or engaged in the provision of emergency services
57 within the right-of-way;
58 2. A person operating a bicycle, motorcycle, scooter, or
59 moped lawfully on the roadway;
60 3. A person riding an animal; or
61 4. A person lawfully operating on a public right-of-way,
62 crosswalk, or shoulder of the roadway:
63 a. A farm tractor or similar vehicle designed primarily for
64 farm use;
65 b. A skateboard, roller skates, or in-line skates;
66 c. A horse-drawn carriage;
67 d. An electric personal assistive mobility device; or
68 e. A wheelchair.
69 (2)(1)(a) The driver of a any vehicle involved in a crash
70 occurring on public or private property which that results in
71 injury to a of any person other than serious bodily injury shall
72 must immediately stop the vehicle at the scene of the crash, or
73 as close thereto as possible, and shall must remain at the scene
74 of the crash until he or she has fulfilled the requirements of
75 s. 316.062. A Any person who willfully violates this paragraph
76 commits a felony of the third degree, punishable as provided in
77 s. 775.082, s. 775.083, or s. 775.084.
78 (b) The driver of a vehicle involved in a crash occurring
79 on public or private property which results in serious bodily
80 injury to a person shall immediately stop the vehicle at the
81 scene of the crash, or as close thereto as possible, and shall
82 remain at the scene of the crash until he or she has fulfilled
83 the requirements of s. 316.062. A person who willfully violates
84 this paragraph commits a felony of the second degree, punishable
85 as provided in s. 775.082, s. 775.083, or s. 775.084.
86 (c)(b) The driver of a any vehicle involved in a crash
87 occurring on public or private property which that results in
88 the death of a any person shall must immediately stop the
89 vehicle at the scene of the crash, or as close thereto as
90 possible, and shall must remain at the scene of the crash until
91 he or she has fulfilled the requirements of s. 316.062. A person
92 who is arrested for a violation of this paragraph and who has
93 previously been convicted of a violation of this section, s.
94 316.061, s. 316.191, or s. 316.193, or a felony violation of s.
95 322.34, shall be held in custody until brought before the court
96 for admittance to bail in accordance with chapter 903. A Any
97 person who willfully violates this paragraph commits a felony of
98 the first degree, punishable as provided in s. 775.082, s.
99 775.083, or s. 775.084, and shall be sentenced to a mandatory
100 minimum term of imprisonment of 4 years. A Any person who
101 willfully commits such a violation while driving under the
102 influence as set forth in s. 316.193(1) shall be sentenced to a
103 mandatory minimum term of imprisonment of 4 2 years.
104 (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
105 vehicle violates paragraph (a), or paragraph (b), or paragraph
106 (c), the court shall order the driver to make restitution to the
107 victim for any damage or loss unless the court finds clear and
108 compelling reasons not to order the restitution. Restitution may
109 be monetary or nonmonetary restitution. The court shall make the
110 payment of restitution a condition of probation in accordance
111 with s. 948.03. An order requiring the defendant to make
112 restitution to a victim does not remove or diminish the
113 requirement that the court order payment to the Crimes
114 Compensation Trust Fund under chapter 960. Payment of an award
115 by the Crimes Compensation Trust Fund creates an order of
116 restitution to the Crimes Compensation Trust Fund unless
117 specifically waived in accordance with s. 775.089(1)(b).
118 (e) A driver who violates paragraph (a), paragraph (b), or
119 paragraph (c) shall have his or her driver license revoked for
120 at least 3 years as provided in s. 322.28(4).
121 1. A person convicted of violating paragraph (a), paragraph
122 (b), or paragraph (c) shall, before his or her driving privilege
123 may be reinstated, present to the department proof of completion
124 of a victim’s impact panel session in a judicial circuit if such
125 a panel exists, or if such a panel does not exist, a department
126 approved driver improvement course relating to the rights of
127 vulnerable road users relative to vehicles on the roadway as
128 provided in s. 322.0261(2).
129 2. The department may reinstate an offender’s driving
130 privilege after he or she satisfies the 3-year revocation period
131 as provided in s. 322.28(4) and successfully completes either a
132 victim’s impact panel session or a department-approved driver
133 improvement course relating to the rights of vulnerable road
134 users relative to vehicles on the roadway as provided in s.
135 322.0261(2).
136 3. For purposes of this paragraph, an offender’s driving
137 privilege may be reinstated only after the department verifies
138 that the offender participated in and successfully completed a
139 victim’s impact panel session or a department-approved driver
140 improvement course.
141 (f) For purposes of sentencing under chapter 921 and
142 determining incentive gain-time eligibility under chapter 944,
143 an offense listed in this subsection is ranked one level above
144 the ranking specified in s. 921.0022 or s. 921.0023 for the
145 offense committed if the victim of the offense was a vulnerable
146 road user.
147 (g) The defendant may move to depart from the mandatory
148 minimum term of imprisonment prescribed in paragraph (c) unless
149 the violation was committed while the defendant was driving
150 under the influence. The state may object to this departure. The
151 court may grant the motion only if it finds that a factor,
152 consideration, or circumstance clearly demonstrates that
153 imposing a mandatory minimum term of imprisonment would
154 constitute or result in an injustice. The court shall state in
155 open court the basis for granting the motion.
156 (2) The department shall revoke the driver’s license of the
157 person so convicted.
158 (3) The stops shall Every stop must be made without
159 unnecessarily obstructing traffic more than is necessary, and,
160 if a damaged vehicle is obstructing traffic, the driver of the
161 vehicle shall must make every reasonable effort to move the
162 vehicle or have it moved so as not to obstruct the regular flow
163 of traffic. A Any person who fails to comply with this
164 subsection shall be cited for a nonmoving violation, punishable
165 as provided in chapter 318.
166 (4) In addition to any other civil, criminal, or
167 administrative penalty imposed, a person whose commission of a
168 noncriminal traffic infraction or a any violation of this
169 chapter or s. 1006.66 causes or results in the death of another
170 person may, in addition to any other civil, criminal, or
171 administrative penalty imposed, be required by the court to
172 serve 120 community service hours in a trauma center or hospital
173 that regularly receives victims of vehicle accidents, under the
174 supervision of a registered nurse, an emergency room physician,
175 or an emergency medical technician pursuant to a voluntary
176 community service program operated by the trauma center or
177 hospital.
178 (5) This section does not apply to crashes occurring during
179 a motorsports event, as defined in s. 549.10(1), or at a closed
180 course motorsport facility, as defined in s. 549.09(1).
181 Section 3. Subsection (2) of section 322.0261, Florida
182 Statutes, is amended to read:
183 322.0261 Driver improvement course; requirement to maintain
184 driving privileges; failure to complete; department approval of
185 course.—
186 (2) With respect to an operator convicted of, or who
187 pleaded nolo contendere to, a traffic offense giving rise to a
188 crash identified in paragraph (1)(a) or paragraph (1)(b), the
189 department shall require that the operator, in addition to other
190 applicable penalties, attend a department-approved driver
191 improvement course in order to maintain his or her driving
192 privileges. The department shall include in the course
193 curriculum instruction specifically addressing the rights of
194 vulnerable road users as defined in s. 316.027 relative to
195 vehicles on the roadway. If the operator fails to complete the
196 course within 90 days after receiving notice from the
197 department, the operator’s driver driver’s license shall be
198 canceled by the department until the course is successfully
199 completed.
200 Section 4. Subsection (4) of section 322.28, Florida
201 Statutes, is amended to read:
202 322.28 Period of suspension or revocation.—
203 (4)(a) Upon a conviction for a violation of s.
204 316.193(3)(c)2., involving serious bodily injury, a conviction
205 of manslaughter resulting from the operation of a motor vehicle,
206 or a conviction of vehicular homicide, the court shall revoke
207 the driver license of the person convicted for a minimum period
208 of 3 years. If a conviction under s. 316.193(3)(c)2., involving
209 serious bodily injury, is also a subsequent conviction as
210 described under paragraph (2)(a), the court shall revoke the
211 driver license or driving privilege of the person convicted for
212 the period applicable as provided in paragraph (2)(a) or
213 paragraph (2)(d).
214 (b) Upon a conviction for a violation of s. 316.027(2)(a),
215 s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
216 bodily injury, or death, the court shall revoke the driver
217 license of the person convicted for a minimum period of 3 years.
218 (c)(b) If the period of revocation was not specified by the
219 court at the time of imposing sentence or within 30 days
220 thereafter, the department shall revoke the driver license for
221 the minimum period applicable under paragraph (a) or paragraph
222 (b) or, for a subsequent conviction, for the minimum period
223 applicable under paragraph (2)(a) or paragraph (2)(d).
224 Section 5. For the purpose of incorporating the amendment
225 made by this act to section 322.28, Florida Statutes, in a
226 reference thereto, subsection (6) of section 322.34, Florida
227 Statutes, is reenacted and amended to read:
228 322.34 Driving while license suspended, revoked, canceled,
229 or disqualified.—
230 (6) Any person who operates a motor vehicle:
231 (a) Without having a driver’s license as required under s.
232 322.03; or
233 (b) While his or her driver’s license or driving privilege
234 is canceled, suspended, or revoked pursuant to s. 316.655, s.
235 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
236
237 and who by careless or negligent operation of the motor vehicle
238 causes the death of or serious bodily injury to another human
239 being commits is guilty of a felony of the third degree,
240 punishable as provided in s. 775.082 or s. 775.083.
241 Section 6. Paragraphs (e) through (g) of subsection (3) of
242 section 921.0022, Florida Statutes, are amended to read:
243 921.0022 Criminal Punishment Code; offense severity ranking
244 chart.—
245 (3) OFFENSE SEVERITY RANKING CHART
246 (e) LEVEL 5
247
248 FloridaStatute FelonyDegree Description
249 316.027(2)(a)(1)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
250 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
251 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
252 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
253 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
254 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
255 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
256 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
257 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
258 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
259 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
260 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
261 790.01(2) 3rd Carrying a concealed firearm.
262 790.162 2nd Threat to throw or discharge destructive device.
263 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
264 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
265 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
266 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
267 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
268 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
269 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
270 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
271 812.019(1) 2nd Stolen property; dealing in or trafficking in.
272 812.131(2)(b) 3rd Robbery by sudden snatching.
273 812.16(2) 3rd Owning, operating, or conducting a chop shop.
274 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
275 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
276 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
277 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
278 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
279 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
280 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
281 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
282 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
283 843.01 3rd Resist officer with violence to person; resist arrest with violence.
284 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
285 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
286 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
287 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
288 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
289 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
290 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
291 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
292 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
293 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
294 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
295 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
296 (f) LEVEL 6
297
298 FloridaStatute FelonyDegree Description
299 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
300 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
301 499.0051(3) 2nd Knowing forgery of pedigree papers.
302 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
303 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
304 775.0875(1) 3rd Taking firearm from law enforcement officer.
305 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
306 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
307 784.041 3rd Felony battery; domestic battery by strangulation.
308 784.048(3) 3rd Aggravated stalking; credible threat.
309 784.048(5) 3rd Aggravated stalking of person under 16.
310 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
311 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
312 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
313 784.081(2) 2nd Aggravated assault on specified official or employee.
314 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
315 784.083(2) 2nd Aggravated assault on code inspector.
316 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
317 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
318 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
319 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
320 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
321 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
322 794.05(1) 2nd Unlawful sexual activity with specified minor.
323 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
324 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
325 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
326 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
327 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
328 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
329 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
330 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
331 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
332 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
333 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
334 825.102(1) 3rd Abuse of an elderly person or disabled adult.
335 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
336 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
337 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
338 827.03(2)(c) 3rd Abuse of a child.
339 827.03(2)(d) 3rd Neglect of a child.
340 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
341 836.05 2nd Threats; extortion.
342 836.10 2nd Written threats to kill or do bodily injury.
343 843.12 3rd Aids or assists person to escape.
344 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
345 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
346 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
347 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
348 944.35(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.
349 944.40 2nd Escapes.
350 944.46 3rd Harboring, concealing, aiding escaped prisoners.
351 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
352 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
353 (g) LEVEL 7
354
355 FloridaStatute FelonyDegree Description
356 316.027(2)(c)(1)(b) 1st Accident involving death, failure to stop; leaving scene.
357 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
358 316.1935(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.
359 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
360 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
361 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
362 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
363 456.065(2) 3rd Practicing a health care profession without a license.
364 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
365 458.327(1) 3rd Practicing medicine without a license.
366 459.013(1) 3rd Practicing osteopathic medicine without a license.
367 460.411(1) 3rd Practicing chiropractic medicine without a license.
368 461.012(1) 3rd Practicing podiatric medicine without a license.
369 462.17 3rd Practicing naturopathy without a license.
370 463.015(1) 3rd Practicing optometry without a license.
371 464.016(1) 3rd Practicing nursing without a license.
372 465.015(2) 3rd Practicing pharmacy without a license.
373 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
374 467.201 3rd Practicing midwifery without a license.
375 468.366 3rd Delivering respiratory care services without a license.
376 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
377 483.901(9) 3rd Practicing medical physics without a license.
378 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
379 484.053 3rd Dispensing hearing aids without a license.
380 494.0018(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.
381 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
382 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
383 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
384 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
385 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
386 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
387 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
388 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
389 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
390 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
391 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
392 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
393 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
394 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
395 784.048(7) 3rd Aggravated stalking; violation of court order.
396 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
397 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
398 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
399 784.081(1) 1st Aggravated battery on specified official or employee.
400 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
401 784.083(1) 1st Aggravated battery on code inspector.
402 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
403 787.06(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.
404 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
405 790.16(1) 1st Discharge of a machine gun under specified circumstances.
406 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
407 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
408 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
409 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
410 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
411 794.08(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.
412 796.03 2nd Procuring any person under 16 years of age for prostitution.
413 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years of age.
414 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender 18 years of age or older.
415 806.01(2) 2nd Maliciously damage structure by fire or explosive.
416 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
417 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
418 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
419 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
420 812.014(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.
421 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
422 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
423 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
424 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
425 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
426 812.131(2)(a) 2nd Robbery by sudden snatching.
427 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
428 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
429 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
430 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
431 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
432 817.2341 (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.
433 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
434 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
435 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
436 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
437 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
438 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
439 838.015 2nd Bribery.
440 838.016 2nd Unlawful compensation or reward for official behavior.
441 838.021(3)(a) 2nd Unlawful harm to a public servant.
442 838.22 2nd Bid tampering.
443 843.0855(2) 3rd Impersonation of a public officer or employee.
444 843.0855(3) 3rd Unlawful simulation of legal process.
445 843.0855(4) 3rd Intimidation of a public officer or employee.
446 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
447 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
448 872.06 2nd Abuse of a dead human body.
449 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
450 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
451 893.13(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.
452 893.13(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.
453 893.13(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).
454 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
455 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
456 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
457 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
458 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
459 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
460 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
461 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
462 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
463 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
464 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
465 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
466 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
467 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
468 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
469 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
470 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
471 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
472 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
473 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
474 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
475 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
476 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
477 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
478 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
479 Section 7. This act shall take effect July 1, 2014.