Florida Senate - 2014                              CS for SB 526
       
       
        
       By the Committee on Criminal Justice; and Senator Bradley
       
       
       
       
       
       591-01047A-14                                          2014526c1
    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) or s. 787.02(2), if the violation
   55  involved a victim who was a minor and, in the course of
   56  committing that violation, the defendant committed a sexual
   57  battery under chapter 794 or a lewd act under s. 800.04 or s.
   58  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
   59  787.02(3)(a)2. or 3.; s. 800.04; s. 825.1025; s. 847.0135(5); or
   60  this chapter, excluding subsection (10) of this section, commits
   61  sexual battery upon a person 12 years of age or older without
   62  that person’s consent, under any of the circumstances listed in
   63  paragraph (e), such person commits a felony of the first degree,
   64  punishable by a term of years not exceeding life or as provided
   65  in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
   66         (e)The following circumstances apply to paragraphs (a)
   67  (d):
   68         1.(a)When The victim is physically helpless to resist.
   69         2.(b)When The offender coerces the victim to submit by
   70  threatening to use force or violence likely to cause serious
   71  personal injury on the victim, and the victim reasonably
   72  believes that the offender has the present ability to execute
   73  the threat.
   74         3.(c)When The offender coerces the victim to submit by
   75  threatening to retaliate against the victim, or any other
   76  person, and the victim reasonably believes that the offender has
   77  the ability to execute the threat in the future.
   78         4.(d)When The offender, without the prior knowledge or
   79  consent of the victim, administers or has knowledge of someone
   80  else administering to the victim any narcotic, anesthetic, or
   81  other intoxicating substance that which mentally or physically
   82  incapacitates the victim.
   83         5.(e)When The victim is mentally defective, and the
   84  offender has reason to believe this or has actual knowledge of
   85  this fact.
   86         6.(f)When The victim is physically incapacitated.
   87         7.(g)When The offender is a law enforcement officer,
   88  correctional officer, or correctional probation officer as
   89  defined in by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who
   90  is certified under the provisions of s. 943.1395 or is an
   91  elected official exempt from such certification by virtue of s.
   92  943.253, or any other person in a position of control or
   93  authority in a probation, community control, controlled release,
   94  detention, custodial, or similar setting, and such officer,
   95  official, or person is acting in such a manner as to lead the
   96  victim to reasonably believe that the offender is in a position
   97  of control or authority as an agent or employee of government.
   98         (5)(a) A person 18 years of age or older who commits sexual
   99  battery upon a person 12 years of age or older but younger than
  100  18 years of age, without that person’s consent, and in the
  101  process thereof does not use physical force and violence likely
  102  to cause serious personal injury commits a felony of the first
  103  second degree, punishable as provided in s. 775.082, s. 775.083,
  104  s. 775.084, or s. 794.0115.
  105         (b) A person 18 years of age or older who commits sexual
  106  battery upon a person 18 years of age or older, without that
  107  person’s consent, and in the process does not use physical force
  108  and violence likely to cause serious personal injury commits a
  109  felony of the second degree, punishable as provided in s.
  110  775.082, s. 775.083, s. 775.084, or s. 794.0115.
  111         (c) A person younger than 18 years of age who commits
  112  sexual battery upon a person 12 years of age or older, without
  113  that person’s consent, and in the process does not use physical
  114  force and violence likely to cause serious personal injury
  115  commits a felony of the second degree, punishable as provided in
  116  s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
  117         (d)If a person who has previously been convicted of a
  118  violation of s. 787.01(2) or s. 787.02(2), if the violation
  119  involved a victim who was a minor and, in the course of
  120  committing that violation, the defendant committed a sexual
  121  battery under chapter 794 or a lewd act under s. 800.04 or s.
  122  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  123  787.02(3)(a)2. or 3.; s. 800.04; s. 825.1025; s. 847.0135(5); or
  124  this chapter, excluding subsection (10) of this section, commits
  125  sexual battery upon a person 12 years of age or older, without
  126  that person’s consent, and in the process does not use physical
  127  force and violence likely to cause serious personal injury, such
  128  person commits a felony of the first degree, punishable as
  129  provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
  130         (6)(a) The offenses offense described in paragraphs (5)(a)
  131  (c) are subsection (5)is included in any sexual battery offense
  132  charged under subsection (3) or subsection (4).
  133         (b) The offense described in paragraph (5)(a) is included
  134  in an offense charged under paragraph (4)(a).
  135         (c) The offense described in paragraph (5)(b) is included
  136  in an offense charged under paragraph (4)(b).
  137         (d) The offense described in paragraph (5)(c) is included
  138  in an offense charged under paragraph (4)(c).
  139         (e) The offense described in paragraph (5)(d) is included
  140  in an offense charged under paragraph (4)(d).
  141         (8) Without regard to the willingness or consent of the
  142  victim, which is not a defense to prosecution under this
  143  subsection, a person who is in a position of familial or
  144  custodial authority to a person less than 18 years of age and
  145  who:
  146         (b) Engages in any act with that person while the person is
  147  12 years of age or older but younger less than 18 years of age
  148  which constitutes sexual battery under paragraph (1)(h) commits
  149  a felony of the first degree, punishable by a term of years not
  150  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  151  775.084.
  152         (9) For prosecution under paragraph (4)(a), paragraph
  153  (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an
  154  offense committed under any of the circumstances listed in
  155  subparagraph (4)(e)7. paragraph (4)(g), acquiescence to a person
  156  reasonably believed by the victim to be in a position of
  157  authority or control does not constitute consent, and it is not
  158  a defense that the perpetrator was not actually in a position of
  159  control or authority if the circumstances were such as to lead
  160  the victim to reasonably believe that the person was in such a
  161  position.
  162         (10) A Any person who falsely accuses a any person listed
  163  in subparagraph (4)(e)7. paragraph (4)(g) or other person in a
  164  position of control or authority as an agent or employee of
  165  government of violating paragraph (4)(a), paragraph (4)(b),
  166  paragraph (4)(c), or paragraph (4)(d) commits (4)(g) is guilty
  167  of a felony of the third degree, punishable as provided in s.
  168  775.082, s. 775.083, or s. 775.084.
  169         Section 2. Subsections (4) and (5) of section 800.04,
  170  Florida Statutes, are amended to read:
  171         800.04 Lewd or lascivious offenses committed upon or in the
  172  presence of persons less than 16 years of age.—
  173         (4) LEWD OR LASCIVIOUS BATTERY.—A person who:
  174         (a)A person commits lewd or lascivious battery by:
  175         1. Engaging in sexual activity with a person 12 years of
  176  age or older but less than 16 years of age; or
  177         2.Encouraging, forcing, or enticing any person less than
  178  16 years of age to engage in sadomasochistic abuse, sexual
  179  bestiality, prostitution, or any other act involving sexual
  180  activity.
  181         (b) Except as provided in paragraph (c), an offender who
  182  commits lewd or lascivious battery commits a felony of the
  183  second degree, punishable as provided in s. 775.082, s. 775.083,
  184  or s. 775.084.
  185         (c) An offender 18 years of age or older who commits lewd
  186  or lascivious battery commits a felony of the first degree,
  187  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  188  if the offender has previously been convicted of a violation of
  189  this section or a violation of s. 787.01(2) or s. 787.02(2), if
  190  the violation involved a victim who was a minor and, in the
  191  course of committing that violation, the defendant committed a
  192  sexual battery under chapter 794 or a lewd act under this
  193  section or s. 847.0135(5) against the minor; s. 787.01(3)(a)2.
  194  or 3.; s. 787.02(3)(a)2. or 3.; chapter 794, excluding s.
  195  794.011(10); s. 825.1025; or s. 847.0135(5).
  196         (a) Engages in sexual activity with a person 12 years of
  197  age or older but less than 16 years of age; or
  198         (b) Encourages, forces, or entices any person less than 16
  199  years of age to engage in sadomasochistic abuse, sexual
  200  bestiality, prostitution, or any other act involving sexual
  201  activity
  202  
  203  commits lewd or lascivious battery, a felony of the second
  204  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  205  775.084.
  206         (5) LEWD OR LASCIVIOUS MOLESTATION.—
  207         (a) A person who intentionally touches in a lewd or
  208  lascivious manner the breasts, genitals, genital area, or
  209  buttocks, or the clothing covering them, of a person less than
  210  16 years of age, or forces or entices a person under 16 years of
  211  age to so touch the perpetrator, commits lewd or lascivious
  212  molestation.
  213         (b) An offender 18 years of age or older who commits lewd
  214  or lascivious molestation against a victim less than 12 years of
  215  age commits a life felony, punishable as provided in s.
  216  775.082(3)(a)4.
  217         (c)1. An offender less than 18 years of age who commits
  218  lewd or lascivious molestation against a victim less than 12
  219  years of age; or
  220         2. An offender 18 years of age or older who commits lewd or
  221  lascivious molestation against a victim 12 years of age or older
  222  but less than 16 years of age
  223  
  224  commits a felony of the second degree, punishable as provided in
  225  s. 775.082, s. 775.083, or s. 775.084.
  226         (d) An offender less than 18 years of age who commits lewd
  227  or lascivious molestation against a victim 12 years of age or
  228  older but less than 16 years of age commits a felony of the
  229  third degree, punishable as provided in s. 775.082, s. 775.083,
  230  or s. 775.084.
  231         (e) An offender 18 years of age or older who commits lewd
  232  or lascivious molestation against a victim 12 years of age or
  233  older but less than 16 years of age commits a felony of the
  234  first degree, punishable as provided in s. 775.082, s. 775.083,
  235  or s. 775.084, if the offender has previously been convicted of
  236  a violation of this section or a violation of s. 787.01(2) or s.
  237  787.02(2), if the violation involved a victim who was a minor
  238  and, in the course of committing that violation, the defendant
  239  committed a sexual battery under chapter 794 or a lewd act under
  240  this section or s. 847.0135(5) against the minor; s.
  241  787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; chapter 794,
  242  excluding s. 794.011(10); s. 825.1025; or s. 847.0135(5).
  243         Section 3. Paragraphs (g) through (i) of subsection (3) of
  244  section 921.0022, Florida Statutes, are amended to read:
  245         921.0022 Criminal Punishment Code; offense severity ranking
  246  chart.—
  247         (3) OFFENSE SEVERITY RANKING CHART
  248         (g) LEVEL 7
  249  
  250  FloridaStatute           FelonyDegree         Description         
  251  316.027(1)(b)                 1st     Accident involving death, failure to stop; leaving scene.
  252  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
  253  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.
  254  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
  255  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  256  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
  257  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
  258  456.065(2)                    3rd     Practicing a health care profession without a license.
  259  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
  260  458.327(1)                    3rd     Practicing medicine without a license.
  261  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
  262  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
  263  461.012(1)                    3rd     Practicing podiatric medicine without a license.
  264  462.17                        3rd     Practicing naturopathy without a license.
  265  463.015(1)                    3rd     Practicing optometry without a license.
  266  464.016(1)                    3rd     Practicing nursing without a license.
  267  465.015(2)                    3rd     Practicing pharmacy without a license.
  268  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
  269  467.201                       3rd     Practicing midwifery without a license.
  270  468.366                       3rd     Delivering respiratory care services without a license.
  271  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
  272  483.901(9)                    3rd     Practicing medical physics without a license.
  273  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
  274  484.053                       3rd     Dispensing hearing aids without a license.
  275  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.
  276  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.
  277  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  278  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  279  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
  280  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  281  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  282  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  283  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  284  782.071                       2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  285  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  286  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  287  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  288  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  289  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  290  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  291  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  292  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  293  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  294  784.081(1)                    1st     Aggravated battery on specified official or employee.
  295  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  296  784.083(1)                    1st     Aggravated battery on code inspector.
  297  787.06(3)(a)                  1st     Human trafficking using coercion for labor and services.
  298  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.
  299  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  300  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  301  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  302  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  303  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  304  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  305  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  306  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.
  307  796.03                        2nd     Procuring any person under 16 years for prostitution.
  308  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger less than 12 years of age; offender younger less than 18 years.
  309  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.
  310  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.
  311  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  312  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  313  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  314  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  315  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  316  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.
  317  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  318  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  319  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  320  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  321  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  322  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  323  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  324  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  325  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  326  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  327  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  328  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.
  329  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  330  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  331  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.
  332  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  333  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  334  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  335  838.015                       2nd     Bribery.                    
  336  838.016                       2nd     Unlawful compensation or reward for official behavior.
  337  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  338  838.22                        2nd     Bid tampering.              
  339  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  340  843.0855(3)                   3rd     Unlawful simulation of legal process.
  341  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  342  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  343  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  344  872.06                        2nd     Abuse of a dead human body. 
  345  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  346  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  347  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.
  348  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.
  349  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).
  350  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  351  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  352  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  353  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  354  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  355  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  356  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  357  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  358  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  359  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  360  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  361  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  362  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  363  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  364  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  365  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  366  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  367  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  368  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  369  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  370  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  371  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  372  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  373  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  374  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification.
  375  
  376         (h) LEVEL 8
  377  
  378  FloridaStatute            FelonyDegree         Description         
  379  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
  380  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
  381  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
  382  499.0051(7)                    1st     Knowing trafficking in contraband prescription drugs.
  383  499.0051(8)                    1st     Knowing forgery of prescription labels or prescription drug labels.
  384  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.
  385  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.
  386  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  387  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
  388  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.
  389  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  390  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
  391  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
  392  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity.
  393  787.06(3)(c)                   1st     Human trafficking using coercion for labor and services of an unauthorized alien.
  394  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.
  395  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
  396  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.
  397  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.
  398  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.
  399  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.
  400  794.011(5)                     2nd     Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  401  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  402  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
  403  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
  404  800.04(4)                      2nd     Lewd or lascivious battery. 
  405  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  406  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
  407  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
  408  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  409  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  410  812.13(2)(b)                   1st     Robbery with a weapon.      
  411  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  412  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
  413  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
  414  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  415  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.
  416  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
  417  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
  418  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
  419  825.103(2)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
  420  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
  421  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  422  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  423  860.16                         1st     Aircraft piracy.            
  424  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).
  425  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  426  893.13(6)(c)                   1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  427  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  428  893.135 (1)(b)1.b.             1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
  429  893.135 (1)(c)1.b.             1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  430  893.135 (1)(d)1.b.             1st     Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  431  893.135 (1)(e)1.b.             1st     Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  432  893.135 (1)(f)1.b.             1st     Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  433  893.135 (1)(g)1.b.             1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  434  893.135 (1)(h)1.b.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  435  893.135 (1)(j)1.b.             1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  436  893.135 (1)(k)2.b.             1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  437  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
  438  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
  439  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  440  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
  441  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  442  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.
  443  
  444         (i) LEVEL 9
  445  
  446  FloridaStatute             FelonyDegree         Description        
  447  316.193 (3)(c)3.b.              1st     DUI manslaughter; failing to render aid or give information.
  448  327.35(3)(c)3.b.                1st     BUI manslaughter; failing to render aid or give information.
  449  409.920 (2)(b)1.c.              1st     Medicaid provider fraud; $50,000 or more.
  450  499.0051(9)                     1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  451  560.123(8)(b)3.                 1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  452  560.125(5)(c)                   1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  453  655.50(10)(b)3.                 1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  454  775.0844                        1st     Aggravated white collar crime.
  455  782.04(1)                       1st     Attempt, conspire, or solicit to commit premeditated murder.
  456  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.
  457  782.051(1)                      1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  458  782.07(2)                       1st     Aggravated manslaughter of an elderly person or disabled adult.
  459  787.01(1)(a)1.                1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
  460  787.01(1)(a)2.                1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
  461  787.01(1)(a)4.                1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
  462  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.
  463  787.06(3)(d)                    1st     Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
  464  787.06(3)(g)                  1st,PBL   Human trafficking for commercial sexual activity of a child under the age of 18.
  465  787.06(4)                       1st     Selling or buying of minors into human trafficking.
  466  790.161                         1st     Attempted capital destructive device offense.
  467  790.166(2)                    1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
  468  794.011(2)                      1st     Attempted sexual battery; victim less than 12 years of age.
  469  794.011(2)                     Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  470  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.
  471  794.011(4)(b)                   1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
  472  794.011(4)(c)                   1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
  473  794.011(4)(d)                 1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
  474  794.011(4)                      1st     Sexual battery; victim 12 years or older, certain circumstances.
  475  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.
  476  794.08(2)                       1st     Female genital mutilation; victim younger than 18 years of age.
  477  796.035                         1st     Selling or buying of minors into prostitution.
  478  800.04(5)(b)                   Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  479  812.13(2)(a)                  1st,PBL   Robbery with firearm or other deadly weapon.
  480  812.133(2)(a)                 1st,PBL   Carjacking; firearm or other deadly weapon.
  481  812.135(2)(b)                   1st     Home-invasion robbery with weapon.
  482  817.535(3)(b)                   1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
  483  817.535(4)(a)2.                 1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
  484  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.
  485  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.
  486  827.03(2)(a)                    1st     Aggravated child abuse.    
  487  847.0145(1)                     1st     Selling, or otherwise transferring custody or control, of a minor.
  488  847.0145(2)                     1st     Purchasing, or otherwise obtaining custody or control, of a minor.
  489  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.
  490  893.135                         1st     Attempted capital trafficking offense.
  491  893.135(1)(a)3.                 1st     Trafficking in cannabis, more than 10,000 lbs.
  492  893.135 (1)(b)1.c.              1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  493  893.135 (1)(c)1.c.              1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  494  893.135 (1)(d)1.c.              1st     Trafficking in phencyclidine, more than 400 grams.
  495  893.135 (1)(e)1.c.              1st     Trafficking in methaqualone, more than 25 kilograms.
  496  893.135 (1)(f)1.c.              1st     Trafficking in amphetamine, more than 200 grams.
  497  893.135 (1)(h)1.c.              1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  498  893.135 (1)(j)1.c.              1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
  499  893.135 (1)(k)2.c.              1st     Trafficking in Phenethylamines, 400 grams or more.
  500  896.101(5)(c)                   1st     Money laundering, financial instruments totaling or exceeding $100,000.
  501  896.104(4)(a)3.                 1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  502  
  503         Section 4. Section 921.0024, Florida Statutes, is amended
  504  to read:
  505         921.0024 Criminal Punishment Code; worksheet computations;
  506  scoresheets.—
  507         (1)(a) The Criminal Punishment Code worksheet is used to
  508  compute the subtotal and total sentence points as follows:
  509  
  510                  FLORIDA CRIMINAL PUNISHMENT CODE                 
  511                              WORKSHEET                            
  512  
  513                            OFFENSE SCORE                          
  514  
  515                            Primary Offense                          
  516  Level               Sentence Points                            Total
  517  10                        116            =                  ........
  518  9                         92             =                  ........
  519  8                         74             =                  ........
  520  7                         56             =                  ........
  521  6                         36             =                  ........
  522  5                         28             =                  ........
  523  4                         22             =                  ........
  524  3                         16             =                  ........
  525  2                         10             =                  ........
  526  1                          4             =                  ........
  527  
  528                                                             Total   
  529  
  530  
  531                          Additional Offenses                        
  532  Level        Sentence Points           Counts                Total
  533  10                  58          x       ....       =          ....
  534  9                   46          x       ....       =          ....
  535  8                   37          x       ....       =          ....
  536  7                   28          x       ....       =          ....
  537  6                   18          x       ....       =          ....
  538  5                  5.4          x       ....       =          ....
  539  4                  3.6          x       ....       =          ....
  540  3                  2.4          x       ....       =          ....
  541  2                  1.2          x       ....       =          ....
  542  1                  0.7          x       ....       =          ....
  543  M                  0.2          x       ....       =          ....
  544  
  545                                                             Total   
  546  
  547  
  548                             Victim Injury                           
  549  Level               Sentence Points       Number             Total
  550  2nd degreemurder-death      240       x      ....     =         ....
  551  Death                     120       x      ....     =         ....
  552  Severe                    40        x      ....     =         ....
  553  Moderate                  18        x      ....     =         ....
  554  Slight                     4        x      ....     =         ....
  555  Sexual penetration        80        x      ....     =         ....
  556  Sexual contact            40        x      ....     =         ....
  557  
  558                                                             Total   
  559  
  560  Primary Offense + Additional Offenses + Victim Injury =
  561                         TOTAL OFFENSE SCORE                       
  562  
  563                         PRIOR RECORD SCORE                        
  564  
  565                             Prior Record                            
  566  Level        Sentence Points           Number                Total
  567  10                  29          x       ....       =          ....
  568  9                   23          x       ....       =          ....
  569  8                   19          x       ....       =          ....
  570  7                   14          x       ....       =          ....
  571  6                   9           x       ....       =          ....
  572  5                  3.6          x       ....       =          ....
  573  4                  2.4          x       ....       =          ....
  574  3                  1.6          x       ....       =          ....
  575  2                  0.8          x       ....       =          ....
  576  1                  0.5          x       ....       =          ....
  577  M                  0.2          x       ....       =          ....
  578  
  579                                                             Total   
  580  
  581    TOTAL OFFENSE SCORE...........................................
  582    TOTAL PRIOR RECORD SCORE......................................
  583  
  584    LEGAL STATUS..................................................
  585    COMMUNITY SANCTION VIOLATION..................................
  586    PRIOR SERIOUS FELONY..........................................
  587    PRIOR CAPITAL FELONY..........................................
  588    FIREARM OR SEMIAUTOMATIC WEAPON...............................
  589                                                  SUBTOTAL........
  590  
  591    PRISON RELEASEE REOFFENDER (no)(yes)..........................
  592    VIOLENT CAREER CRIMINAL (no)(yes).............................
  593    HABITUAL VIOLENT OFFENDER (no)(yes)...........................
  594    HABITUAL OFFENDER (no)(yes)...................................
  595    DRUG TRAFFICKER (no)(yes) (x multiplier)......................
  596    LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
  597    MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
  598    CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
  599    DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
  600  (x multiplier)..................................................
  601    ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
  602  ................................................................
  603                                     TOTAL SENTENCE POINTS........
  604  
  605         (b) WORKSHEET KEY:
  606  
  607  Legal status points are assessed when any form of legal status
  608  existed at the time the offender committed an offense before the
  609  court for sentencing. Four (4) sentence points are assessed for
  610  an offender’s legal status.
  611  
  612  Community sanction violation points are assessed when a
  613  community sanction violation is before the court for sentencing.
  614  Six (6) sentence points are assessed for each community sanction
  615  violation and each successive community sanction violation,
  616  unless any of the following apply:
  617         1. If the community sanction violation includes a new
  618  felony conviction before the sentencing court, twelve (12)
  619  community sanction violation points are assessed for the
  620  violation, and for each successive community sanction violation
  621  involving a new felony conviction.
  622         2. If the community sanction violation is committed by a
  623  violent felony offender of special concern as defined in s.
  624  948.06:
  625         a. Twelve (12) community sanction violation points are
  626  assessed for the violation and for each successive violation of
  627  felony probation or community control where:
  628         I. The violation does not include a new felony conviction;
  629  and
  630         II. The community sanction violation is not based solely on
  631  the probationer or offender’s failure to pay costs or fines or
  632  make restitution payments.
  633         b. Twenty-four (24) community sanction violation points are
  634  assessed for the violation and for each successive violation of
  635  felony probation or community control where the violation
  636  includes a new felony conviction.
  637  
  638  Multiple counts of community sanction violations before the
  639  sentencing court shall not be a basis for multiplying the
  640  assessment of community sanction violation points.
  641  
  642  Prior serious felony points: If the offender has a primary
  643  offense or any additional offense ranked in level 8, level 9, or
  644  level 10, and one or more prior serious felonies, a single
  645  assessment of thirty (30) points shall be added. For purposes of
  646  this section, a prior serious felony is an offense in the
  647  offender’s prior record that is ranked in level 8, level 9, or
  648  level 10 under s. 921.0022 or s. 921.0023 and for which the
  649  offender is serving a sentence of confinement, supervision, or
  650  other sanction or for which the offender’s date of release from
  651  confinement, supervision, or other sanction, whichever is later,
  652  is within 3 years before the date the primary offense or any
  653  additional offense was committed.
  654  
  655  Prior capital felony points: If the offender has one or more
  656  prior capital felonies in the offender’s criminal record, points
  657  shall be added to the subtotal sentence points of the offender
  658  equal to twice the number of points the offender receives for
  659  the primary offense and any additional offense. A prior capital
  660  felony in the offender’s criminal record is a previous capital
  661  felony offense for which the offender has entered a plea of nolo
  662  contendere or guilty or has been found guilty; or a felony in
  663  another jurisdiction which is a capital felony in that
  664  jurisdiction, or would be a capital felony if the offense were
  665  committed in this state.
  666  
  667  Possession of a firearm, semiautomatic firearm, or machine gun:
  668  If the offender is convicted of committing or attempting to
  669  commit any felony other than those enumerated in s. 775.087(2)
  670  while having in his or her possession: a firearm as defined in
  671  s. 790.001(6), an additional eighteen (18) sentence points are
  672  assessed; or if the offender is convicted of committing or
  673  attempting to commit any felony other than those enumerated in
  674  s. 775.087(3) while having in his or her possession a
  675  semiautomatic firearm as defined in s. 775.087(3) or a machine
  676  gun as defined in s. 790.001(9), an additional twenty-five (25)
  677  sentence points are assessed.
  678  
  679  Sentencing multipliers:
  680  
  681  Drug trafficking: If the primary offense is drug trafficking
  682  under s. 893.135, the subtotal sentence points are multiplied,
  683  at the discretion of the court, for a level 7 or level 8
  684  offense, by 1.5. The state attorney may move the sentencing
  685  court to reduce or suspend the sentence of a person convicted of
  686  a level 7 or level 8 offense, if the offender provides
  687  substantial assistance as described in s. 893.135(4).
  688  
  689  Law enforcement protection: If the primary offense is a
  690  violation of the Law Enforcement Protection Act under s.
  691  775.0823(2), (3), or (4), the subtotal sentence points are
  692  multiplied by 2.5. If the primary offense is a violation of s.
  693  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  694  are multiplied by 2.0. If the primary offense is a violation of
  695  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  696  Protection Act under s. 775.0823(10) or (11), the subtotal
  697  sentence points are multiplied by 1.5.
  698  
  699  Grand theft of a motor vehicle: If the primary offense is grand
  700  theft of the third degree involving a motor vehicle and in the
  701  offender’s prior record, there are three or more grand thefts of
  702  the third degree involving a motor vehicle, the subtotal
  703  sentence points are multiplied by 1.5.
  704  
  705  Offense related to a criminal gang: If the offender is convicted
  706  of the primary offense and committed that offense for the
  707  purpose of benefiting, promoting, or furthering the interests of
  708  a criminal gang as defined in s. 874.03, the subtotal sentence
  709  points are multiplied by 1.5. If applying the multiplier results
  710  in the lowest permissible sentence exceeding the statutory
  711  maximum sentence for the primary offense under chapter 775, the
  712  court may not apply the multiplier and must sentence the
  713  defendant to the statutory maximum sentence.
  714  
  715  Domestic violence in the presence of a child: If the offender is
  716  convicted of the primary offense and the primary offense is a
  717  crime of domestic violence, as defined in s. 741.28, which was
  718  committed in the presence of a child under 16 years of age who
  719  is a family or household member as defined in s. 741.28(3) with
  720  the victim or perpetrator, the subtotal sentence points are
  721  multiplied by 1.5.
  722  
  723  Adult-on-minor sex offense: If the offender was 18 years of age
  724  or older and the victim was younger than 18 years of age at the
  725  time the offender committed the primary offense, and if the
  726  primary offense was an offense committed on or after October 1,
  727  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  728  violation involved a victim who was a minor and, in the course
  729  of committing that violation, the defendant committed a sexual
  730  battery under chapter 794 or a lewd act under s. 800.04 or s.
  731  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  732  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  733  794.05; s. 800.04; or s. 847.0135(5), the subtotal sentence
  734  points are multiplied by 2.0. If applying the multiplier results
  735  in the lowest permissible sentence exceeding the statutory
  736  maximum sentence for the primary offense under chapter 775, the
  737  court may not apply the multiplier and must sentence the
  738  defendant to the statutory maximum sentence.
  739         (2) The lowest permissible sentence is the minimum sentence
  740  that may be imposed by the trial court, absent a valid reason
  741  for departure. The lowest permissible sentence is any nonstate
  742  prison sanction in which the total sentence points equals or is
  743  less than 44 points, unless the court determines within its
  744  discretion that a prison sentence, which may be up to the
  745  statutory maximums for the offenses committed, is appropriate.
  746  When the total sentence points exceeds 44 points, the lowest
  747  permissible sentence in prison months shall be calculated by
  748  subtracting 28 points from the total sentence points and
  749  decreasing the remaining total by 25 percent. The total sentence
  750  points shall be calculated only as a means of determining the
  751  lowest permissible sentence. The permissible range for
  752  sentencing shall be the lowest permissible sentence up to and
  753  including the statutory maximum, as defined in s. 775.082, for
  754  the primary offense and any additional offenses before the court
  755  for sentencing. The sentencing court may impose such sentences
  756  concurrently or consecutively. However, any sentence to state
  757  prison must exceed 1 year. If the lowest permissible sentence
  758  under the code exceeds the statutory maximum sentence as
  759  provided in s. 775.082, the sentence required by the code must
  760  be imposed. If the total sentence points are greater than or
  761  equal to 363, the court may sentence the offender to life
  762  imprisonment. An offender sentenced to life imprisonment under
  763  this section is not eligible for any form of discretionary early
  764  release, except executive clemency or conditional medical
  765  release under s. 947.149.
  766         (3) A single scoresheet shall be prepared for each
  767  defendant to determine the permissible range for the sentence
  768  that the court may impose, except that if the defendant is
  769  before the court for sentencing for more than one felony and the
  770  felonies were committed under more than one version or revision
  771  of the guidelines or the code, separate scoresheets must be
  772  prepared. The scoresheet or scoresheets must cover all the
  773  defendant’s offenses pending before the court for sentencing.
  774  The state attorney shall prepare the scoresheet or scoresheets,
  775  which must be presented to the defense counsel for review for
  776  accuracy in all cases unless the judge directs otherwise. The
  777  defendant’s scoresheet or scoresheets must be approved and
  778  signed by the sentencing judge.
  779         (4) The Department of Corrections, in consultation with the
  780  Office of the State Courts Administrator, state attorneys, and
  781  public defenders, must develop and submit the revised Criminal
  782  Punishment Code scoresheet to the Supreme Court for approval by
  783  June 15 of each year, as necessary. Upon the Supreme Court’s
  784  approval of the revised scoresheet, the Department of
  785  Corrections shall produce and provide sufficient copies of the
  786  revised scoresheets by September 30 of each year, as necessary.
  787  Scoresheets must include item entries for the scoresheet
  788  preparer’s use in indicating whether any prison sentence imposed
  789  includes a mandatory minimum sentence or the sentence imposed
  790  was a downward departure from the lowest permissible sentence
  791  under the Criminal Punishment Code.
  792         (5) The Department of Corrections shall distribute
  793  sufficient copies of the Criminal Punishment Code scoresheets to
  794  those persons charged with the responsibility for preparing
  795  scoresheets.
  796         (6) The clerk of the circuit court shall transmit a
  797  complete, accurate, and legible copy of the Criminal Punishment
  798  Code scoresheet used in each sentencing proceeding to the
  799  Department of Corrections. Scoresheets must be transmitted no
  800  less frequently than monthly, by the first of each month, and
  801  may be sent collectively.
  802         (7) A sentencing scoresheet must be prepared for every
  803  defendant who is sentenced for a felony offense. A copy of the
  804  individual offender’s Criminal Punishment Code scoresheet and
  805  any attachments thereto prepared pursuant to Rule 3.701, Rule
  806  3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
  807  any other rule pertaining to the preparation and submission of
  808  felony sentencing scoresheets, must be attached to the copy of
  809  the uniform judgment and sentence form provided to the
  810  Department of Corrections.
  811         Section 5. Section 921.30, Florida Statutes, is created to
  812  read:
  813         921.30Court finding that offense was sexually motivated.
  814  For offenses other than those specifically defined as a sexually
  815  violent offense in s. 394.912(9)(a)-(f), the state attorney may
  816  move the court to make a written finding on the record that,
  817  based on the circumstances of the case, including consideration
  818  of a victim impact statement, the person’s offense was sexually
  819  motivated.
  820         Section 6. Paragraph (e) is added to subsection (4) of
  821  section 944.275, Florida Statutes, to read:
  822         944.275 Gain-time.—
  823         (4)
  824         (e) Notwithstanding subparagraph (b)3., for sentences
  825  imposed for offenses committed on or after October 1, 2014, the
  826  department may not grant incentive gain-time if the offense is a
  827  violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s.
  828  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  829  794.05; s. 800.04; s. 825.1025; or s. 847.0135(5).
  830         Section 7. Subsection (13) is added to section 947.1405,
  831  Florida Statutes, to read:
  832         947.1405 Conditional release program.—
  833         (13) If a person who is transferred to the custody of the
  834  Department of Children and Families pursuant to part V of
  835  chapter 394 is subject to conditional release supervision, the
  836  period of conditional release supervision is tolled until such
  837  person is no longer in the custody of the Department of Children
  838  and Families. This subsection applies to all periods of
  839  conditional release supervision which begin on or after October
  840  1, 2014, regardless of the date of the underlying offense.
  841         Section 8. Subsection (1) of section 948.012, Florida
  842  Statutes, is amended, and subsections (5) and (6) are added to
  843  that section, to read:
  844         948.012 Split sentence of probation or community control
  845  and imprisonment.—
  846         (1) If Whenever punishment by imprisonment for a
  847  misdemeanor or a felony, except for a capital felony, is
  848  prescribed, the court, in its discretion, may, at the time of
  849  sentencing, impose a split sentence whereby the defendant is to
  850  be placed on probation or, with respect to any such felony, into
  851  community control upon completion of any specified period of
  852  such sentence which may include a term of years or less. In such
  853  case, the court shall stay and withhold the imposition of the
  854  remainder of sentence imposed upon the defendant and direct that
  855  the defendant be placed upon probation or into community control
  856  after serving such period as may be imposed by the court. Except
  857  as provided in subsection (6), the period of probation or
  858  community control shall commence immediately upon the release of
  859  the defendant from incarceration, whether by parole or gain-time
  860  allowances.
  861         (5)(a) Effective for offenses committed on or after October
  862  1, 2014, if the court imposes a term of years in accordance with
  863  s. 775.082 which is less than the maximum sentence for the
  864  offense, the court must impose a split sentence pursuant to
  865  subsection (1) for any person who is convicted of a violation
  866  of:
  867         1. Section 782.04(1)(a)2.c.;
  868         2. Section 787.01(3)(a)2. or 3.;
  869         3. Section 787.02(3)(a)2. or 3.;
  870         4. Section 794.011, excluding s. 794.011(10);
  871         5. Section 794.05;
  872         6. Section 800.04;
  873         7. Section 825.1025; or
  874         8. Section 847.0135(5).
  875         (b) The probation or community control portion of the split
  876  sentence imposed by the court must extend for at least 2 years.
  877  However, if the term of years imposed by the court extends to
  878  within 2 years of the maximum sentence for the offense, the
  879  probation or community control portion of the split sentence
  880  must extend for the remainder of the maximum sentence.
  881         (6) If a defendant who has been sentenced to a split
  882  sentence pursuant to subsection (1) is transferred to the
  883  custody of the Department of Children and Families pursuant to
  884  part V of chapter 394, the period of probation or community
  885  control is tolled until such person is no longer in the custody
  886  of the Department of Children and Families. This subsection
  887  applies to all sentences of probation or community control which
  888  begin on or after October 1, 2014, regardless of the date of the
  889  underlying offense.
  890         Section 9. If any provision of this act or its application
  891  to any person or circumstance is held invalid, the invalidity
  892  does not affect other provisions or applications of this act
  893  which can be given effect without the invalid provision or
  894  application, and to this end the provisions of this act are
  895  severable.
  896         Section 10. This act shall take effect October 1, 2014.