Florida Senate - 2019                                     SB 822
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01194-19                                            2019822__
    1                        A bill to be entitled                      
    2         An act relating to assault or battery; amending s.
    3         784.07, F.S.; providing for reclassification of
    4         assault or battery offenses committed on certain
    5         persons when such persons are engaged in their lawful
    6         duties; reenacting ss. 775.0877(1)(d), (e), (f), and
    7         (g), 794.056(1), 921.0022(3)(d), 938.08, and 938.085,
    8         F.S., relating to criminal transmission of HIV, the
    9         Rape Crisis Program Trust Fund, the offense severity
   10         ranking chart of the Criminal Punishment Code,
   11         additional cost to fund domestic violence programs,
   12         and additional cost to fund rape crisis centers,
   13         respectively, to incorporate the amendments made by
   14         the act; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (2) of section 784.07, Florida
   19  Statutes, is amended to read:
   20         784.07 Assault or battery of law enforcement officers,
   21  firefighters, emergency medical care providers, public transit
   22  employees or agents, or other specified officers;
   23  reclassification of offenses; minimum sentences.—
   24         (2) Whenever any person is charged with knowingly
   25  committing an assault or battery upon a law enforcement officer,
   26  a firefighter, an emergency medical care provider, a railroad
   27  special officer, a traffic accident investigation officer as
   28  described in s. 316.640, a nonsworn law enforcement agency
   29  employee who is certified as an agency inspector, a blood
   30  alcohol analyst, or a breath test operator while such employee
   31  is in uniform and engaged in processing, testing, evaluating,
   32  analyzing, or transporting a person who is detained or under
   33  arrest for DUI, a law enforcement explorer, a traffic infraction
   34  enforcement officer as described in s. 316.640, a parking
   35  enforcement specialist as defined in s. 316.640, a person
   36  licensed as a security officer as defined in s. 493.6101 and
   37  wearing a uniform that bears at least one patch or emblem that
   38  is visible at all times that clearly identifies the employing
   39  agency and that clearly identifies the person as a licensed
   40  security officer, or a security officer employed by the board of
   41  trustees of a community college, a code enforcement officer as
   42  defined in s. 162.21, an employee of a state park or a park
   43  operated by a state subdivision, or a lifeguard certified under
   44  s. 514.071, while the officer, firefighter, emergency medical
   45  care provider, railroad special officer, traffic accident
   46  investigation officer, traffic infraction enforcement officer,
   47  inspector, analyst, operator, law enforcement explorer, parking
   48  enforcement specialist, public transit employee or agent, or
   49  security officer, code enforcement officer, park employee, or
   50  lifeguard is engaged in the lawful performance of his or her
   51  duties, the offense for which the person is charged shall be
   52  reclassified as follows:
   53         (a) In the case of assault, from a misdemeanor of the
   54  second degree to a misdemeanor of the first degree.
   55         (b) In the case of battery, from a misdemeanor of the first
   56  degree to a felony of the third degree.
   57         (c) In the case of aggravated assault, from a felony of the
   58  third degree to a felony of the second degree. Notwithstanding
   59  any other provision of law, any person convicted of aggravated
   60  assault upon a law enforcement officer shall be sentenced to a
   61  minimum term of imprisonment of 3 years.
   62         (d) In the case of aggravated battery, from a felony of the
   63  second degree to a felony of the first degree. Notwithstanding
   64  any other provision of law, any person convicted of aggravated
   65  battery of a law enforcement officer shall be sentenced to a
   66  minimum term of imprisonment of 5 years.
   67         Section 2. For the purpose of incorporating the amendment
   68  made by this act to section 784.07, Florida Statutes, in
   69  references thereto, paragraphs (d), (e), (f), and (g) of
   70  subsection (1) of section 775.0877, Florida Statutes, are
   71  reenacted to read:
   72         775.0877 Criminal transmission of HIV; procedures;
   73  penalties.—
   74         (1) In any case in which a person has been convicted of or
   75  has pled nolo contendere or guilty to, regardless of whether
   76  adjudication is withheld, any of the following offenses, or the
   77  attempt thereof, which offense or attempted offense involves the
   78  transmission of body fluids from one person to another:
   79         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
   80  relating to assault;
   81         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
   82  relating to aggravated assault;
   83         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
   84  relating to battery;
   85         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
   86  relating to aggravated battery;
   87  
   88  the court shall order the offender to undergo HIV testing, to be
   89  performed under the direction of the Department of Health in
   90  accordance with s. 381.004, unless the offender has undergone
   91  HIV testing voluntarily or pursuant to procedures established in
   92  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
   93  rule providing for HIV testing of criminal offenders or inmates,
   94  subsequent to her or his arrest for an offense enumerated in
   95  paragraphs (a)-(n) for which she or he was convicted or to which
   96  she or he pled nolo contendere or guilty. The results of an HIV
   97  test performed on an offender pursuant to this subsection are
   98  not admissible in any criminal proceeding arising out of the
   99  alleged offense.
  100         Section 3. For the purpose of incorporating the amendment
  101  made by this act to section 784.07, Florida Statutes, in a
  102  reference thereto, subsection (1) of section 794.056, Florida
  103  Statutes, is reenacted to read:
  104         794.056 Rape Crisis Program Trust Fund.—
  105         (1) The Rape Crisis Program Trust Fund is created within
  106  the Department of Health for the purpose of providing funds for
  107  rape crisis centers in this state. Trust fund moneys shall be
  108  used exclusively for the purpose of providing services for
  109  victims of sexual assault. Funds credited to the trust fund
  110  consist of those funds collected as an additional court
  111  assessment in each case in which a defendant pleads guilty or
  112  nolo contendere to, or is found guilty of, regardless of
  113  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  114  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  115  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  116  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  117  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  118  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
  119  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  120  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  121  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  122  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  123  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  124  fund also shall include revenues provided by law, moneys
  125  appropriated by the Legislature, and grants from public or
  126  private entities.
  127         Section 4. For the purpose of incorporating the amendment
  128  made by this act to section 784.07, Florida Statutes, in a
  129  reference thereto, paragraph (d) of subsection (3) of section
  130  921.0022, Florida Statutes, is reenacted to read:
  131         921.0022 Criminal Punishment Code; offense severity ranking
  132  chart.—
  133         (3) OFFENSE SEVERITY RANKING CHART
  134         (d) LEVEL 4
  135  
  136  FloridaStatute    FelonyDegree           Description            
  137  316.1935(3)(a)       2nd   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.
  138  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  139  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  140  517.07(1)            3rd   Failure to register securities.   
  141  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  142  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  143  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  144  784.075              3rd   Battery on detention or commitment facility staff.
  145  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  146  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  147  784.081(3)           3rd   Battery on specified official or employee.
  148  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  149  784.083(3)           3rd   Battery on code inspector.        
  150  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  151  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  152  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  153  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  154  787.07               3rd   Human smuggling.                  
  155  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  156  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  157  790.115(2)(c)        3rd   Possessing firearm on school property.
  158  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  159  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  160  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  161  810.06               3rd   Burglary; possession of tools.    
  162  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  163  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  164  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  165  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  166  817.505(4)(a)        3rd   Patient brokering.                
  167  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  168  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  169  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  170  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  171  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  172  837.02(1)            3rd   Perjury in official proceedings.  
  173  837.021(1)           3rd   Make contradictory statements in official proceedings.
  174  838.022              3rd   Official misconduct.              
  175  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  176  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  177  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  178  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  179  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  180  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  181  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  182  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
  183  914.14(2)            3rd   Witnesses accepting bribes.       
  184  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  185  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  186  918.12               3rd   Tampering with jurors.            
  187  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  188         Section 5. For the purpose of incorporating the amendment
  189  made by this act to section 784.07, Florida Statutes, in a
  190  reference thereto, section 938.08, Florida Statutes, is
  191  reenacted to read:
  192         938.08 Additional cost to fund programs in domestic
  193  violence.—In addition to any sanction imposed for a violation of
  194  s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
  195  784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
  196  784.083, s. 784.085, s. 794.011, or for any offense of domestic
  197  violence described in s. 741.28, the court shall impose a
  198  surcharge of $201. Payment of the surcharge shall be a condition
  199  of probation, community control, or any other court-ordered
  200  supervision. The sum of $85 of the surcharge shall be deposited
  201  into the Domestic Violence Trust Fund established in s. 741.01.
  202  The clerk of the court shall retain $1 of each surcharge that
  203  the clerk of the court collects as a service charge of the
  204  clerk’s office. The remainder of the surcharge shall be provided
  205  to the governing board of the county and must be used only to
  206  defray the costs of incarcerating persons sentenced under s.
  207  741.283 and provide additional training to law enforcement
  208  personnel in combating domestic violence.
  209         Section 6. For the purpose of incorporating the amendment
  210  made by this act to section 784.07, Florida Statutes, in a
  211  reference thereto, section 938.085, Florida Statutes, is
  212  reenacted to read:
  213         938.085 Additional cost to fund rape crisis centers.—In
  214  addition to any sanction imposed when a person pleads guilty or
  215  nolo contendere to, or is found guilty of, regardless of
  216  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  217  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  218  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  219  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  220  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  221  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  222  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  223  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  224  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  225  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  226  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  227  $151. Payment of the surcharge shall be a condition of
  228  probation, community control, or any other court-ordered
  229  supervision. The sum of $150 of the surcharge shall be deposited
  230  into the Rape Crisis Program Trust Fund established within the
  231  Department of Health by chapter 2003-140, Laws of Florida. The
  232  clerk of the court shall retain $1 of each surcharge that the
  233  clerk of the court collects as a service charge of the clerk’s
  234  office.
  235         Section 7. This act shall take effect October 1, 2019.