Florida Senate - 2014                                     SB 526
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00529A-14                                            2014526__
    1                        A bill to be entitled                      
    2         An act relating to sexual offenses; amending s.
    3         794.011, F.S.; revising and creating offenses
    4         involving sexual battery; increasing felony degree of
    5         certain sexual battery offenses; amending s. 800.04,
    6         F.S.; revising and creating offenses involving lewd or
    7         lascivious battery and molestation; increasing felony
    8         degree of certain lewd or lascivious battery and
    9         molestation offenses; amending s. 921.0022, F.S.;
   10         assigning new offense severity rankings for lewd or
   11         lascivious molestation and sexual battery offenses;
   12         amending s. 921.0024, F.S.; providing that sentence
   13         points are multiplied for specified sex offenses
   14         committed by an adult upon a minor under certain
   15         circumstances; creating s. 921.30, F.S.; authorizing a
   16         state attorney to move a court to make a written
   17         finding that an offense was a sexually motivated
   18         offense under certain circumstances; amending s.
   19         944.275, F.S.; prohibiting award of gain-time for
   20         certain offenses; amending s. 947.1405, F.S.;
   21         providing for tolling of conditional release
   22         supervision; providing applicability; amending s.
   23         948.012, F.S.; requiring split sentence for certain
   24         sexual offenses; providing for tolling of probation or
   25         community control; providing applicability; providing
   26         severability; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsections (4), (5), and (6), paragraph (b) of
   31  subsection (8), and subsections (9) and (10) of section 794.011,
   32  Florida Statutes, are amended to read:
   33         794.011 Sexual battery.—
   34         (4)(a) A person 18 years of age or older who commits sexual
   35  battery upon a person 12 years of age or older but younger than
   36  18 years of age without that person’s consent, under any of the
   37  following circumstances listed in paragraph (e), commits a
   38  felony of the first degree, punishable by a term of years not
   39  exceeding life or as provided in s. 775.082, s. 775.083, s.
   40  775.084, or s. 794.0115.:
   41         (b) A person 18 years of age or older who commits sexual
   42  battery upon a person 18 years of age or older without that
   43  person’s consent, under any of the circumstances listed in
   44  paragraph (e), commits a felony of the first degree, punishable
   45  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
   46  794.0115.
   47         (c) A person younger than 18 years of age who commits
   48  sexual battery upon a person 12 years of age or older without
   49  that person’s consent, under any of the circumstances listed in
   50  paragraph (e), commits a felony of the first degree, punishable
   51  as provided in s. 775.082, s. 775.083, s. 775.084, or s.
   52  794.0115.
   53         (d) If a person who has previously been convicted of a
   54  violation of s. 787.01(2), s. 787.02(3), s. 800.04, s. 825.1025,
   55  or s. 847.0135(5) or a violation of this chapter, excluding
   56  subsection (10) of this section, commits sexual battery upon a
   57  person 12 years of age or older without that person’s consent,
   58  under any of the circumstances listed in paragraph (e), such
   59  person commits a felony of the first degree, punishable by a
   60  term of years not exceeding life or as provided in s. 775.082,
   61  s. 775.083, s. 775.084, or s. 794.0115.
   62         (e)The following circumstances apply to paragraphs (a)
   63  (d):
   64         1.(a)When The victim is physically helpless to resist.
   65         2.(b)When The offender coerces the victim to submit by
   66  threatening to use force or violence likely to cause serious
   67  personal injury on the victim, and the victim reasonably
   68  believes that the offender has the present ability to execute
   69  the threat.
   70         3.(c)When The offender coerces the victim to submit by
   71  threatening to retaliate against the victim, or any other
   72  person, and the victim reasonably believes that the offender has
   73  the ability to execute the threat in the future.
   74         4.(d)When The offender, without the prior knowledge or
   75  consent of the victim, administers or has knowledge of someone
   76  else administering to the victim any narcotic, anesthetic, or
   77  other intoxicating substance that which mentally or physically
   78  incapacitates the victim.
   79         5.(e)When The victim is mentally defective, and the
   80  offender has reason to believe this or has actual knowledge of
   81  this fact.
   82         6.(f)When The victim is physically incapacitated.
   83         7.(g)When The offender is a law enforcement officer,
   84  correctional officer, or correctional probation officer as
   85  defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
   86  is certified under the provisions of s. 943.1395 or is an
   87  elected official exempt from such certification by virtue of s.
   88  943.253, or any other person in a position of control or
   89  authority in a probation, community control, controlled release,
   90  detention, custodial, or similar setting, and such officer,
   91  official, or person is acting in such a manner as to lead the
   92  victim to reasonably believe that the offender is in a position
   93  of control or authority as an agent or employee of government.
   94         (5)(a) A person 18 years of age or older who commits sexual
   95  battery upon a person 12 years of age or older but younger than
   96  18 years of age, without that person’s consent, and in the
   97  process thereof does not use physical force and violence likely
   98  to cause serious personal injury commits a felony of the first
   99  second degree, punishable as provided in s. 775.082, s. 775.083,
  100  s. 775.084, or s. 794.0115.
  101         (b) A person 18 years of age or older who commits sexual
  102  battery upon a person 18 years of age or older, without that
  103  person’s consent, and in the process does not use physical force
  104  and violence likely to cause serious personal injury commits a
  105  felony of the second degree, punishable as provided in s.
  106  775.082, s. 775.083, s. 775.084, or s. 794.0115.
  107         (c) A person younger than 18 years of age who commits
  108  sexual battery upon a person 12 years of age or older, without
  109  that person’s consent, and in the process does not use physical
  110  force and violence likely to cause serious personal injury
  111  commits a felony of the second degree, punishable as provided in
  112  s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
  113         (d)If a person who has previously been convicted of a
  114  violation of s. 787.01(2), s. 787.02(3), s. 800.04, s. 825.1025,
  115  or s. 847.0135(5) or a violation of this chapter, excluding
  116  subsection (10) of this section, commits sexual battery upon a
  117  person 12 years of age or older, without that person’s consent,
  118  and in the process does not use physical force and violence
  119  likely to cause serious personal injury, such person commits a
  120  felony of the first degree, punishable as provided in s.
  121  775.082, s. 775.083, s. 775.084, or s. 794.0115.
  122         (6)(a) The offenses offense described in paragraphs (5)(a)
  123  (c) are subsection (5)is included in any sexual battery offense
  124  charged under subsection (3) or subsection (4).
  125         (b) The offense described in paragraph (5)(a) is included
  126  in an offense charged under paragraph (4)(a).
  127         (c) The offense described in paragraph (5)(b) is included
  128  in an offense charged under paragraph (4)(b).
  129         (d) The offense described in paragraph (5)(c) is included
  130  in an offense charged under paragraph (4)(c).
  131         (e) The offense described in paragraph (5)(d) is included
  132  in an offense charged under paragraph (4)(d).
  133         (8) Without regard to the willingness or consent of the
  134  victim, which is not a defense to prosecution under this
  135  subsection, a person who is in a position of familial or
  136  custodial authority to a person less than 18 years of age and
  137  who:
  138         (b) Engages in any act with that person while the person is
  139  12 years of age or older but younger less than 18 years of age
  140  which constitutes sexual battery under paragraph (1)(h) commits
  141  a felony of the first degree, punishable by a term of years not
  142  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  143  775.084.
  144         (9) For prosecution under paragraph (4)(a), paragraph
  145  (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
  146  offense committed under any of the circumstances listed in
  147  subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
  148  reasonably believed by the victim to be in a position of
  149  authority or control does not constitute consent, and it is not
  150  a defense that the perpetrator was not actually in a position of
  151  control or authority if the circumstances were such as to lead
  152  the victim to reasonably believe that the person was in such a
  153  position.
  154         (10) A Any person who falsely accuses a any person listed
  155  in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
  156  position of control or authority as an agent or employee of
  157  government of violating paragraph (4)(a), paragraph (4)(b),
  158  paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
  159  of a felony of the third degree, punishable as provided in s.
  160  775.082, s. 775.083, or s. 775.084.
  161         Section 2. Subsections (4) and (5) of section 800.04,
  162  Florida Statutes, are amended to read:
  163         800.04 Lewd or lascivious offenses committed upon or in the
  164  presence of persons less than 16 years of age.—
  165         (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
  166         (a)A person commits lewd or lascivious battery by:
  167         1. Engaging in sexual activity with a person 12 years of
  168  age or older but less than 16 years of age; or
  169         2.Encouraging, forcing, or enticing any person less than
  170  16 years of age to engage in sadomasochistic abuse, sexual
  171  bestiality, prostitution, or any other act involving sexual
  172  activity.
  173         (b) Except as provided in paragraph (c), an offender who
  174  commits lewd or lascivious battery commits a felony of the
  175  second degree, punishable as provided in s. 775.082, s. 775.083,
  176  or s. 775.084.
  177         (c) An offender 18 years of age or older who commits lewd
  178  or lascivious battery commits a felony of the first degree,
  179  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  180  if the offender has previously been convicted of a violation of
  181  this section or a violation of s. 787.01(2); s. 787.02(3);
  182  chapter 794, excluding s. 794.011(10); s. 825.1025; or s.
  183  847.0135(5).
  184         (a) Engages in sexual activity with a person 12 years of
  185  age or older but less than 16 years of age; or
  186         (b) Encourages, forces, or entices any person less than 16
  187  years of age to engage in sadomasochistic abuse, sexual
  188  bestiality, prostitution, or any other act involving sexual
  189  activity
  190  
  191  commits lewd or lascivious battery, a felony of the second
  192  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  193  775.084.
  194         (5) LEWD OR LASCIVIOUS MOLESTATION.—
  195         (a) A person who intentionally touches in a lewd or
  196  lascivious manner the breasts, genitals, genital area, or
  197  buttocks, or the clothing covering them, of a person less than
  198  16 years of age, or forces or entices a person under 16 years of
  199  age to so touch the perpetrator, commits lewd or lascivious
  200  molestation.
  201         (b) An offender 18 years of age or older who commits lewd
  202  or lascivious molestation against a victim less than 12 years of
  203  age commits a life felony, punishable as provided in s.
  204  775.082(3)(a)4.
  205         (c)1. An offender less than 18 years of age who commits
  206  lewd or lascivious molestation against a victim less than 12
  207  years of age; or
  208         2. An offender 18 years of age or older who commits lewd or
  209  lascivious molestation against a victim 12 years of age or older
  210  but less than 16 years of age
  211  
  212  commits a felony of the second degree, punishable as provided in
  213  s. 775.082, s. 775.083, or s. 775.084.
  214         (d) An offender less than 18 years of age who commits lewd
  215  or lascivious molestation against a victim 12 years of age or
  216  older but less than 16 years of age commits a felony of the
  217  third degree, punishable as provided in s. 775.082, s. 775.083,
  218  or s. 775.084.
  219         (e) An offender 18 years of age or older who commits lewd
  220  or lascivious molestation against a victim 12 years of age or
  221  older but less than 16 years of age commits a felony of the
  222  first degree, punishable as provided in s. 775.082, s. 775.083,
  223  or s. 775.084, if the offender has previously been convicted of
  224  a violation of this section or a violation of s. 787.01(2); s.
  225  787.02(3); chapter 794, excluding s. 794.011(10); s. 825.1025;
  226  or s. 847.0135(5).
  227         Section 3. Paragraphs (g) through (i) of subsection (3) of
  228  section 921.0022, Florida Statutes, are amended to read:
  229         921.0022 Criminal Punishment Code; offense severity ranking
  230  chart.—
  231         (3) OFFENSE SEVERITY RANKING CHART
  232         (g) LEVEL 7
  233  
  234  FloridaStatute           FelonyDegree         Description         
  235  316.027(1)(b)                 1st     Accident involving death, failure to stop; leaving scene.
  236  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  237  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.
  238  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  239  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  240  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  241  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  242  456.065(2)                    3rd     Practicing a health care profession without a license.
  243  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  244  458.327(1)                    3rd     Practicing medicine without a license.
  245  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  246  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  247  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  248  462.17                        3rd     Practicing naturopathy without a license.
  249  463.015(1)                    3rd     Practicing optometry without a license.
  250  464.016(1)                    3rd     Practicing nursing without a license.
  251  465.015(2)                    3rd     Practicing pharmacy without a license.
  252  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  253  467.201                       3rd     Practicing midwifery without a license.
  254  468.366                       3rd     Delivering respiratory care services without a license.
  255  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  256  483.901(9)                    3rd     Practicing medical physics without a license.
  257  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  258  484.053                       3rd     Dispensing hearing aids without a license.
  259  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.
  260  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.
  261  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  262  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  263  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
  264  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  265  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  266  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  267  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  268  782.071                       2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  269  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  270  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  271  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  272  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  273  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  274  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  275  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  276  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  277  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  278  784.081(1)                    1st     Aggravated battery on specified official or employee.
  279  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  280  784.083(1)                    1st     Aggravated battery on code inspector.
  281  787.06(3)(a)                  1st     Human trafficking using coercion for labor and services.
  282  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.
  283  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  284  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  285  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  286  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  287  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  288  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  289  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  290  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.
  291  796.03                        2nd     Procuring any person under 16 years for prostitution.
  292  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger less than 12 years of age; offender younger less than 18 years.
  293  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger less than 16 years; offender 18 years or older.
  294  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.
  295  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  296  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  297  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  298  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  299  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  300  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.
  301  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  302  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  303  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  304  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  305  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  306  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  307  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  308  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  309  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  310  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  311  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  312  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.
  313  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  314  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  315  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.
  316  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  317  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  318  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  319  838.015                       2nd     Bribery.                    
  320  838.016                       2nd     Unlawful compensation or reward for official behavior.
  321  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  322  838.22                        2nd     Bid tampering.              
  323  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  324  843.0855(3)                   3rd     Unlawful simulation of legal process.
  325  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  326  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  327  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  328  872.06                        2nd     Abuse of a dead human body. 
  329  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  330  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  331  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.
  332  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.
  333  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).
  334  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  335  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  336  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  337  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  338  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  339  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  340  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  341  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  342  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  343  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  344  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  345  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  346  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  347  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  348  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  349  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  350  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  351  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  352  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  353  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  354  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  355  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  356  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  357  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  358  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  359  
  360         (h) LEVEL 8
  361  
  362  FloridaStatute            FelonyDegree         Description         
  363  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  364  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  365  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  366  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
  367  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  368  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  369  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  370  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  371  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  372  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  373  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  374  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  375  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  376  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity.
  377  787.06(3)(c)                   1st     Human trafficking using coercion for labor and services of an unauthorized alien.
  378  787.06(3)(f)                   1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
  379  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  380  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
  381  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
  382  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
  383  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
  384  794.011(5)                     2nd     Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  385  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  386  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  387  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  388  800.04(4)                      2nd     Lewd or lascivious battery. 
  389  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  390  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  391  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  392  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  393  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  394  812.13(2)(b)                   1st     Robbery with a weapon.      
  395  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  396  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  397  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  398  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  399  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  400  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  401  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  402  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  403  825.103(2)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  404  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  405  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  406  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  407  860.16                         1st     Aircraft piracy.            
  408  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  409  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  410  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  411  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  412  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  413  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  414  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  415  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  416  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  417  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  418  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  419  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  420  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  421  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  422  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  423  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  424  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  425  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  426  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  427  
  428         (i) LEVEL 9
  429  
  430  FloridaStatute             FelonyDegree         Description        
  431  316.193 (3)(c)3.b.              1st     DUI manslaughter; failing to render aid or give information.
  432  327.35(3)(c)3.b.                1st     BUI manslaughter; failing to render aid or give information.
  433  409.920 (2)(b)1.c.              1st     Medicaid provider fraud; $50,000 or more.
  434  499.0051(9)                     1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  435  560.123(8)(b)3.                 1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  436  560.125(5)(c)                   1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  437  655.50(10)(b)3.                 1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  438  775.0844                        1st     Aggravated white collar crime.
  439  782.04(1)                       1st     Attempt, conspire, or solicit to commit premeditated murder.
  440  782.04(3)                     1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
  441  782.051(1)                      1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  442  782.07(2)                       1st     Aggravated manslaughter of an elderly person or disabled adult.
  443  787.01(1)(a)1.                1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  444  787.01(1)(a)2.                1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  445  787.01(1)(a)4.                1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  446  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.
  447  787.06(3)(d)                    1st     Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  448  787.06(3)(g)                  1st,PBL   Human trafficking for commercial sexual activity of a child under the age of 18.
  449  787.06(4)                       1st     Selling or buying of minors into human trafficking.
  450  790.161                         1st     Attempted capital destructive device offense.
  451  790.166(2)                    1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  452  794.011(2)                      1st     Attempted sexual battery; victim less than 12 years of age.
  453  794.011(2)                     Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  454  794.011(4)(a)                 1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
  455  794.011(4)(b)                   1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  456  794.011(4)(c)                   1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  457  794.011(4)(d)                 1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  458  794.011(4)                      1st     Sexual battery; victim 12 years or older, certain circumstances.
  459  794.011(8)(b)                 1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  460  794.08(2)                       1st     Female genital mutilation; victim younger than 18 years of age.
  461  796.035                         1st     Selling or buying of minors into prostitution.
  462  800.04(5)(b)                   Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  463  812.13(2)(a)                  1st,PBL   Robbery with firearm or other deadly weapon.
  464  812.133(2)(a)                 1st,PBL   Carjacking; firearm or other deadly weapon.
  465  812.135(2)(b)                   1st     Home-invasion robbery with weapon.
  466  817.535(3)(b)                   1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  467  817.535(4)(a)2.                 1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  468  817.535(5)(b)                   1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
  469  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.
  470  827.03(2)(a)                    1st     Aggravated child abuse.    
  471  847.0145(1)                     1st     Selling, or otherwise transferring custody or control, of a minor.
  472  847.0145(2)                     1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  473  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.
  474  893.135                         1st     Attempted capital trafficking offense.
  475  893.135(1)(a)3.                 1st     Trafficking in cannabis, more than 10,000 lbs.
  476  893.135 (1)(b)1.c.              1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  477  893.135 (1)(c)1.c.              1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  478  893.135 (1)(d)1.c.              1st     Trafficking in phencyclidine, more than 400 grams.
  479  893.135 (1)(e)1.c.              1st     Trafficking in methaqualone, more than 25 kilograms.
  480  893.135 (1)(f)1.c.              1st     Trafficking in amphetamine, more than 200 grams.
  481  893.135 (1)(h)1.c.              1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  482  893.135 (1)(j)1.c.              1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  483  893.135 (1)(k)2.c.              1st     Trafficking in Phenethylamines, 400 grams or more.
  484  896.101(5)(c)                   1st     Money laundering, financial instruments totaling or exceeding $100,000.
  485  896.104(4)(a)3.                 1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  486  
  487         Section 4. Section 921.0024, Florida Statutes, is amended
  488  to read:
  489         921.0024 Criminal Punishment Code; worksheet computations;
  490  scoresheets.—
  491         (1)(a) The Criminal Punishment Code worksheet is used to
  492  compute the subtotal and total sentence points as follows:
  493  
  494                  FLORIDA CRIMINAL PUNISHMENT CODE                 
  495                              WORKSHEET                            
  496  
  497                            OFFENSE SCORE                          
  498  
  499                            Primary Offense                          
  500  Level               Sentence Points                            Total
  501  10                        116            =                  ........
  502  9                         92             =                  ........
  503  8                         74             =                  ........
  504  7                         56             =                  ........
  505  6                         36             =                  ........
  506  5                         28             =                  ........
  507  4                         22             =                  ........
  508  3                         16             =                  ........
  509  2                         10             =                  ........
  510  1                          4             =                  ........
  511  
  512                                                             Total   
  513  
  514  
  515                          Additional Offenses                        
  516  Level        Sentence Points           Counts                Total
  517  10                  58          x       ....       =          ....
  518  9                   46          x       ....       =          ....
  519  8                   37          x       ....       =          ....
  520  7                   28          x       ....       =          ....
  521  6                   18          x       ....       =          ....
  522  5                  5.4          x       ....       =          ....
  523  4                  3.6          x       ....       =          ....
  524  3                  2.4          x       ....       =          ....
  525  2                  1.2          x       ....       =          ....
  526  1                  0.7          x       ....       =          ....
  527  M                  0.2          x       ....       =          ....
  528  
  529                                                             Total   
  530  
  531  
  532                             Victim Injury                           
  533  Level               Sentence Points       Number             Total
  534  2nd degreemurder-death      240       x      ....     =         ....
  535  Death                     120       x      ....     =         ....
  536  Severe                    40        x      ....     =         ....
  537  Moderate                  18        x      ....     =         ....
  538  Slight                     4        x      ....     =         ....
  539  Sexual penetration        80        x      ....     =         ....
  540  Sexual contact            40        x      ....     =         ....
  541  
  542                                                             Total   
  543  
  544  Primary Offense + Additional Offenses + Victim Injury =
  545                         TOTAL OFFENSE SCORE                       
  546  
  547                         PRIOR RECORD SCORE                        
  548  
  549                             Prior Record                            
  550  Level        Sentence Points           Number                Total
  551  10                  29          x       ....       =          ....
  552  9                   23          x       ....       =          ....
  553  8                   19          x       ....       =          ....
  554  7                   14          x       ....       =          ....
  555  6                   9           x       ....       =          ....
  556  5                  3.6          x       ....       =          ....
  557  4                  2.4          x       ....       =          ....
  558  3                  1.6          x       ....       =          ....
  559  2                  0.8          x       ....       =          ....
  560  1                  0.5          x       ....       =          ....
  561  M                  0.2          x       ....       =          ....
  562  
  563                                                             Total   
  564  
  565    TOTAL OFFENSE SCORE...........................................
  566    TOTAL PRIOR RECORD SCORE......................................
  567  
  568    LEGAL STATUS..................................................
  569    COMMUNITY SANCTION VIOLATION..................................
  570    PRIOR SERIOUS FELONY..........................................
  571    PRIOR CAPITAL FELONY..........................................
  572    FIREARM OR SEMIAUTOMATIC WEAPON...............................
  573                                                  SUBTOTAL........
  574  
  575    PRISON RELEASEE REOFFENDER (no)(yes)..........................
  576    VIOLENT CAREER CRIMINAL (no)(yes).............................
  577    HABITUAL VIOLENT OFFENDER (no)(yes)...........................
  578    HABITUAL OFFENDER (no)(yes)...................................
  579    DRUG TRAFFICKER (no)(yes) (x multiplier)......................
  580    LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
  581    MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
  582    CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
  583    DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
  584  (x multiplier)..................................................
  585    ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
  586  ................................................................
  587                                     TOTAL SENTENCE POINTS........
  588  
  589         (b) WORKSHEET KEY:
  590  
  591  Legal status points are assessed when any form of legal status
  592  existed at the time the offender committed an offense before the
  593  court for sentencing. Four (4) sentence points are assessed for
  594  an offender’s legal status.
  595  
  596  Community sanction violation points are assessed when a
  597  community sanction violation is before the court for sentencing.
  598  Six (6) sentence points are assessed for each community sanction
  599  violation and each successive community sanction violation,
  600  unless any of the following apply:
  601         1. If the community sanction violation includes a new
  602  felony conviction before the sentencing court, twelve (12)
  603  community sanction violation points are assessed for the
  604  violation, and for each successive community sanction violation
  605  involving a new felony conviction.
  606         2. If the community sanction violation is committed by a
  607  violent felony offender of special concern as defined in s.
  608  948.06:
  609         a. Twelve (12) community sanction violation points are
  610  assessed for the violation and for each successive violation of
  611  felony probation or community control where:
  612         I. The violation does not include a new felony conviction;
  613  and
  614         II. The community sanction violation is not based solely on
  615  the probationer or offender’s failure to pay costs or fines or
  616  make restitution payments.
  617         b. Twenty-four (24) community sanction violation points are
  618  assessed for the violation and for each successive violation of
  619  felony probation or community control where the violation
  620  includes a new felony conviction.
  621  
  622  Multiple counts of community sanction violations before the
  623  sentencing court shall not be a basis for multiplying the
  624  assessment of community sanction violation points.
  625  
  626  Prior serious felony points: If the offender has a primary
  627  offense or any additional offense ranked in level 8, level 9, or
  628  level 10, and one or more prior serious felonies, a single
  629  assessment of thirty (30) points shall be added. For purposes of
  630  this section, a prior serious felony is an offense in the
  631  offender’s prior record that is ranked in level 8, level 9, or
  632  level 10 under s. 921.0022 or s. 921.0023 and for which the
  633  offender is serving a sentence of confinement, supervision, or
  634  other sanction or for which the offender’s date of release from
  635  confinement, supervision, or other sanction, whichever is later,
  636  is within 3 years before the date the primary offense or any
  637  additional offense was committed.
  638  
  639  Prior capital felony points: If the offender has one or more
  640  prior capital felonies in the offender’s criminal record, points
  641  shall be added to the subtotal sentence points of the offender
  642  equal to twice the number of points the offender receives for
  643  the primary offense and any additional offense. A prior capital
  644  felony in the offender’s criminal record is a previous capital
  645  felony offense for which the offender has entered a plea of nolo
  646  contendere or guilty or has been found guilty; or a felony in
  647  another jurisdiction which is a capital felony in that
  648  jurisdiction, or would be a capital felony if the offense were
  649  committed in this state.
  650  
  651  Possession of a firearm, semiautomatic firearm, or machine gun:
  652  If the offender is convicted of committing or attempting to
  653  commit any felony other than those enumerated in s. 775.087(2)
  654  while having in his or her possession: a firearm as defined in
  655  s. 790.001(6), an additional eighteen (18) sentence points are
  656  assessed; or if the offender is convicted of committing or
  657  attempting to commit any felony other than those enumerated in
  658  s. 775.087(3) while having in his or her possession a
  659  semiautomatic firearm as defined in s. 775.087(3) or a machine
  660  gun as defined in s. 790.001(9), an additional twenty-five (25)
  661  sentence points are assessed.
  662  
  663  Sentencing multipliers:
  664  
  665  Drug trafficking: If the primary offense is drug trafficking
  666  under s. 893.135, the subtotal sentence points are multiplied,
  667  at the discretion of the court, for a level 7 or level 8
  668  offense, by 1.5. The state attorney may move the sentencing
  669  court to reduce or suspend the sentence of a person convicted of
  670  a level 7 or level 8 offense, if the offender provides
  671  substantial assistance as described in s. 893.135(4).
  672  
  673  Law enforcement protection: If the primary offense is a
  674  violation of the Law Enforcement Protection Act under s.
  675  775.0823(2), (3), or (4), the subtotal sentence points are
  676  multiplied by 2.5. If the primary offense is a violation of s.
  677  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  678  are multiplied by 2.0. If the primary offense is a violation of
  679  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  680  Protection Act under s. 775.0823(10) or (11), the subtotal
  681  sentence points are multiplied by 1.5.
  682  
  683  Grand theft of a motor vehicle: If the primary offense is grand
  684  theft of the third degree involving a motor vehicle and in the
  685  offender’s prior record, there are three or more grand thefts of
  686  the third degree involving a motor vehicle, the subtotal
  687  sentence points are multiplied by 1.5.
  688  
  689  Offense related to a criminal gang: If the offender is convicted
  690  of the primary offense and committed that offense for the
  691  purpose of benefiting, promoting, or furthering the interests of
  692  a criminal gang as defined in s. 874.03, the subtotal sentence
  693  points are multiplied by 1.5. If applying the multiplier results
  694  in the lowest permissible sentence exceeding the statutory
  695  maximum sentence for the primary offense under chapter 775, the
  696  court may not apply the multiplier and must sentence the
  697  defendant to the statutory maximum sentence.
  698  
  699  Domestic violence in the presence of a child: If the offender is
  700  convicted of the primary offense and the primary offense is a
  701  crime of domestic violence, as defined in s. 741.28, which was
  702  committed in the presence of a child under 16 years of age who
  703  is a family or household member as defined in s. 741.28(3) with
  704  the victim or perpetrator, the subtotal sentence points are
  705  multiplied by 1.5.
  706  
  707  Adult-on-minor sex offense: If the offender was 18 years of age
  708  or older and the victim was younger than 18 years of age at the
  709  time the offender committed the primary offense, and if the
  710  primary offense was an offense committed on or after October 1,
  711  2014, and is a violation of s. 787.01(2), which includes a
  712  sexual battery or lewd act as described in s. 787.01(2)(a)2. and
  713  3.; s. 787.02(3), which includes a sexual battery or lewd act as
  714  described in s. 787.02(3)(a)2. and 3.; s. 794.011, excluding s.
  715  794.011(10); s. 794.05; s. 800.04; or s. 847.0135(5), the
  716  subtotal sentence points are multiplied by 2.0. If applying the
  717  multiplier results in the lowest permissible sentence exceeding
  718  the statutory maximum sentence for the primary offense under
  719  chapter 775, the court may not apply the multiplier and must
  720  sentence the defendant to the statutory maximum sentence.
  721         (2) The lowest permissible sentence is the minimum sentence
  722  that may be imposed by the trial court, absent a valid reason
  723  for departure. The lowest permissible sentence is any nonstate
  724  prison sanction in which the total sentence points equals or is
  725  less than 44 points, unless the court determines within its
  726  discretion that a prison sentence, which may be up to the
  727  statutory maximums for the offenses committed, is appropriate.
  728  When the total sentence points exceeds 44 points, the lowest
  729  permissible sentence in prison months shall be calculated by
  730  subtracting 28 points from the total sentence points and
  731  decreasing the remaining total by 25 percent. The total sentence
  732  points shall be calculated only as a means of determining the
  733  lowest permissible sentence. The permissible range for
  734  sentencing shall be the lowest permissible sentence up to and
  735  including the statutory maximum, as defined in s. 775.082, for
  736  the primary offense and any additional offenses before the court
  737  for sentencing. The sentencing court may impose such sentences
  738  concurrently or consecutively. However, any sentence to state
  739  prison must exceed 1 year. If the lowest permissible sentence
  740  under the code exceeds the statutory maximum sentence as
  741  provided in s. 775.082, the sentence required by the code must
  742  be imposed. If the total sentence points are greater than or
  743  equal to 363, the court may sentence the offender to life
  744  imprisonment. An offender sentenced to life imprisonment under
  745  this section is not eligible for any form of discretionary early
  746  release, except executive clemency or conditional medical
  747  release under s. 947.149.
  748         (3) A single scoresheet shall be prepared for each
  749  defendant to determine the permissible range for the sentence
  750  that the court may impose, except that if the defendant is
  751  before the court for sentencing for more than one felony and the
  752  felonies were committed under more than one version or revision
  753  of the guidelines or the code, separate scoresheets must be
  754  prepared. The scoresheet or scoresheets must cover all the
  755  defendant’s offenses pending before the court for sentencing.
  756  The state attorney shall prepare the scoresheet or scoresheets,
  757  which must be presented to the defense counsel for review for
  758  accuracy in all cases unless the judge directs otherwise. The
  759  defendant’s scoresheet or scoresheets must be approved and
  760  signed by the sentencing judge.
  761         (4) The Department of Corrections, in consultation with the
  762  Office of the State Courts Administrator, state attorneys, and
  763  public defenders, must develop and submit the revised Criminal
  764  Punishment Code scoresheet to the Supreme Court for approval by
  765  June 15 of each year, as necessary. Upon the Supreme Court’s
  766  approval of the revised scoresheet, the Department of
  767  Corrections shall produce and provide sufficient copies of the
  768  revised scoresheets by September 30 of each year, as necessary.
  769  Scoresheets must include item entries for the scoresheet
  770  preparer’s use in indicating whether any prison sentence imposed
  771  includes a mandatory minimum sentence or the sentence imposed
  772  was a downward departure from the lowest permissible sentence
  773  under the Criminal Punishment Code.
  774         (5) The Department of Corrections shall distribute
  775  sufficient copies of the Criminal Punishment Code scoresheets to
  776  those persons charged with the responsibility for preparing
  777  scoresheets.
  778         (6) The clerk of the circuit court shall transmit a
  779  complete, accurate, and legible copy of the Criminal Punishment
  780  Code scoresheet used in each sentencing proceeding to the
  781  Department of Corrections. Scoresheets must be transmitted no
  782  less frequently than monthly, by the first of each month, and
  783  may be sent collectively.
  784         (7) A sentencing scoresheet must be prepared for every
  785  defendant who is sentenced for a felony offense. A copy of the
  786  individual offender’s Criminal Punishment Code scoresheet and
  787  any attachments thereto prepared pursuant to Rule 3.701, Rule
  788  3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
  789  any other rule pertaining to the preparation and submission of
  790  felony sentencing scoresheets, must be attached to the copy of
  791  the uniform judgment and sentence form provided to the
  792  Department of Corrections.
  793         Section 5. Section 921.30, Florida Statutes, is created to
  794  read:
  795         921.30Court finding that offense was sexually motivated.
  796  For offenses other than those specifically defined as a sexually
  797  violent offense in s. 394.912(9)(a)-(f), the state attorney may
  798  move the court to make a written finding on the record that,
  799  based on the circumstances of the case, including consideration
  800  of a victim impact statement, the person’s offense was sexually
  801  motivated.
  802         Section 6. Paragraph (e) is added to subsection (4) of
  803  section 944.275, Florida Statutes, to read:
  804         944.275 Gain-time.—
  805         (4)
  806         (e) Notwithstanding subparagraph (b)3., for sentences
  807  imposed for offenses committed on or after October 1, 2014, the
  808  department may not grant incentive gain-time if the offense is a
  809  violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
  810  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  811  794.05; s. 800.04; s. 825.1025; or s. 847.0135(5).
  812         Section 7. Subsection (13) is added to section 947.1405,
  813  Florida Statutes, to read:
  814         947.1405 Conditional release program.—
  815         (13) If a person who is transferred to the custody of the
  816  Department of Children and Families pursuant to part V of
  817  chapter 394 is subject to conditional release supervision, the
  818  period of conditional release supervision is tolled until such
  819  person is no longer in the custody of the Department of Children
  820  and Families. This subsection applies to all periods of
  821  conditional release supervision which begin on or after October
  822  1, 2014, regardless of the date of the underlying offense.
  823         Section 8. Subsection (1) of section 948.012, Florida
  824  Statutes, is amended, and subsections (5) and (6) are added to
  825  that section, to read:
  826         948.012 Split sentence of probation or community control
  827  and imprisonment.—
  828         (1) If Whenever punishment by imprisonment for a
  829  misdemeanor or a felony, except for a capital felony, is
  830  prescribed, the court, in its discretion, may, at the time of
  831  sentencing, impose a split sentence whereby the defendant is to
  832  be placed on probation or, with respect to any such felony, into
  833  community control upon completion of any specified period of
  834  such sentence which may include a term of years or less. In such
  835  case, the court shall stay and withhold the imposition of the
  836  remainder of sentence imposed upon the defendant and direct that
  837  the defendant be placed upon probation or into community control
  838  after serving such period as may be imposed by the court. Except
  839  as provided in subsection (6), the period of probation or
  840  community control shall commence immediately upon the release of
  841  the defendant from incarceration, whether by parole or gain-time
  842  allowances.
  843         (5)(a) Effective for offenses committed on or after October
  844  1, 2014, if the court imposes a term of years in accordance with
  845  s. 775.082 which is less than the maximum sentence for the
  846  offense, the court must impose a split sentence pursuant to
  847  subsection (1) for any person who is convicted of a violation
  848  of:
  849         1. Section 782.04(1)(a)2.c.;
  850         2. Section 787.01(3)(a)2. or 3.;
  851         3. Section 787.02(3)(a)2. or 3.;
  852         4. Section 794.011, excluding s. 794.011(10);
  853         5. Section 794.05;
  854         6. Section 800.04;
  855         7. Section 825.1025; or
  856         8. Section 847.0135(5).
  857         (b) The probation or community control portion of the split
  858  sentence imposed by the court must extend for at least 2 years.
  859  However, if the term of years imposed by the court extends to
  860  within 2 years of the maximum sentence for the offense, the
  861  probation or community control portion of the split sentence
  862  must extend for the remainder of the maximum sentence.
  863         (6) If a defendant who has been sentenced to a split
  864  sentence pursuant to subsection (1) is transferred to the
  865  custody of the Department of Children and Families pursuant to
  866  part V of chapter 394, the period of probation or community
  867  control is tolled until such person is no longer in the custody
  868  of the Department of Children and Families. This subsection
  869  applies to all sentences of probation or community control which
  870  begin on or after October 1, 2014, regardless of the date of the
  871  underlying offense.
  872         Section 9. If any provision of this act or its application
  873  to any person or circumstance is held invalid, the invalidity
  874  does not affect other provisions or applications of this act
  875  which can be given effect without the invalid provision or
  876  application, and to this end the provisions of this act are
  877  severable.
  878         Section 10. This act shall take effect October 1, 2014.