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House Bill 1259

Florida House of Representatives - 1997 HB 1259 By Representatives Dawson-White, Futch, Roberts-Burke, Murman, Meek and Brown 1 A bill to be entitled 2 An act relating to criminal offenses involving 3 minors; creating the Children's Protection Act 4 of 1997; amending s. 775.084, F.S., relating to 5 violent career criminal sentencing, to conform 6 to the act; amending s. 784.03, F.S., relating 7 to battery and felony battery; defining the 8 offense of battery upon a child under 16 years 9 of age; providing penalties; amending ss. 10 787.01 and 787.02, F.S., relating to kidnapping 11 and false imprisonment, to conform to the act; 12 amending s. 800.03, F.S.; redefining the 13 offense of unlawful exposure or exhibition of 14 sexual organs to prohibit appearing naked under 15 specified circumstances; providing penalties; 16 providing that a violation of s. 800.03, F.S., 17 in the presence of a person under 16 years of 18 age constitutes a violation of s. 800.04, F.S.; 19 providing an exception for maternal 20 breastfeeding; amending s. 800.04, F.S.; 21 creating the offenses of "lewd or lascivious 22 battery," "lewd or lascivious molestation," 23 "lewd or lascivious conduct," and "lewd or 24 lascivious exhibition"; providing definitions; 25 providing penalties; precluding consent from 26 being raised as a defense except in certain 27 circumstances; precluding ignorance or belief 28 of age from being raised as a defense; 29 providing an exception for maternal 30 breastfeeding; deleting provisions that define 31 and provide penalties for "lewd, lascivious, or 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 indecent assault or act upon or in the presence 2 of a child"; amending s. 826.04, F.S., relating 3 to incest; removing definition of "sexual 4 intercourse" and defining "sexual activity"; 5 redefining the offense of third degree felony 6 incest to include knowingly marrying or 7 engaging in sexual activity with any of the 8 specified relatives who is at least 18 years 9 old; providing penalties; defining the offense 10 of second degree felony incest against a person 11 under 16 years of age; providing penalties; 12 reenacting ss. 775.15(7), 787.025(2)(a), 13 914.16, and 944.606(1)(b), F.S., relating to 14 time limitations, luring or enticing a child, 15 limits on interviews, and sex offender 16 notification upon release, to incorporate the 17 amendments to ss. 800.04 and 826.04, F.S., in 18 cross references; amending s. 921.0012, F.S.; 19 ranking offenses created in the act in the 20 sentencing guidelines offense severity ranking 21 chart; amending s. 948.03(4)(a), F.S., and 22 reenacting s. 948.03(5), F.S., relating to 23 terms and conditions of probation or community 24 control, to conform to the act; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. This act shall be known and may be cited as 30 the "Children's Protection Act of 1997." 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 Section 2. Paragraph (c) of subsection (1) of section 2 775.084, Florida Statutes, 1996 Supplement, is amended to 3 read: 4 775.084 Violent career criminals; habitual felony 5 offenders and habitual violent felony offenders; definitions; 6 procedure; enhanced penalties.-- 7 (1) As used in this act: 8 (c) "Violent career criminal" means a defendant for 9 whom the court must impose imprisonment pursuant to paragraph 10 (4)(c), if it finds that: 11 1. The defendant has previously been convicted as an 12 adult three or more times for an offense in this state or 13 other qualified offense that is: 14 a. Any forcible felony, as described in s. 776.08; 15 b. Aggravated stalking, as described in s. 784.048(3) 16 and (4); 17 c. Aggravated child abuse, as described in s. 18 827.03(2); 19 d. Aggravated abuse of an elderly person or disabled 20 adult, as described in s. 825.102(2); 21 e. Lewd or lascivious battery, lewd or lascivious 22 molestation, lewd or lascivious conduct, or lewd or lascivious 23 exhibition, lascivious, or indecent conduct, as described in 24 s. 800.04; 25 f. Escape, as described in s. 944.40; or 26 g. A felony violation of chapter 790 involving the use 27 or possession of a firearm. 28 2. The defendant has been incarcerated in a state 29 prison or a federal prison. 30 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 3. The primary felony offense for which the defendant 2 is to be sentenced is a felony enumerated in subparagraph 1. 3 and was committed on or after October 1, 1995, and: 4 a. While the defendant was serving a prison sentence 5 or other commitment imposed as a result of a prior conviction 6 for an enumerated felony; or 7 b. Within 5 years after the conviction of the last 8 prior enumerated felony, or within 5 years after the 9 defendant's release from a prison sentence or other commitment 10 imposed as a result of a prior conviction for an enumerated 11 felony, whichever is later. 12 4. The defendant has not received a pardon for any 13 felony or other qualified offense that is necessary for the 14 operation of this paragraph. 15 5. A conviction of a felony or other qualified offense 16 necessary to the operation of this paragraph has not been set 17 aside in any postconviction proceeding. 18 (6) The purpose of this section is to provide uniform 19 punishment for those crimes made punishable under this 20 section, and to this end, a reference to this section 21 constitutes a general reference under the doctrine of 22 incorporation by reference. 23 Section 3. Section 784.03, Florida Statutes, 1996 24 Supplement, is amended to read: 25 784.03 Battery; felony battery.-- 26 (1)(a) The offense of battery occurs when a person: 27 1. Actually and intentionally touches or strikes 28 another person against the will of the other; or 29 2. Intentionally causes bodily harm to another person. 30 (b) Except as otherwise provided in this section 31 provided in subsection (2), a person who commits battery 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 commits a misdemeanor of the first degree, punishable as 2 provided in s. 775.082 or s. 775.083. 3 (2) A person who has two prior convictions for battery 4 who commits a third or subsequent battery commits a felony of 5 the third degree, punishable as provided in s. 775.082, s. 6 775.083, or s. 775.084. For purposes of this subsection, 7 "conviction" means a determination of guilt that is the result 8 of a plea or a trial, regardless of whether adjudication is 9 withheld. 10 (3) A person who commits a battery upon a child less 11 than 16 years of age commits a felony of the third degree, 12 punishable as provided in s. 775.082, s. 775.083, or s. 13 775.084. 14 Section 4. Paragraph (a) of subsection (3) of section 15 787.01, Florida Statutes, 1996 Supplement, is amended to read: 16 787.01 Kidnapping; kidnapping of child under age 13, 17 aggravating circumstances.-- 18 (3)(a) A person who commits the offense of kidnapping 19 upon a child under the age of 13 and who, in the course of 20 committing the offense, commits one or more of the following: 21 1. Aggravated child abuse, as defined in s. 827.03; 22 2. Sexual battery, as defined in chapter 794, against 23 the child; 24 3. Lewd or lascivious battery, lewd or lascivious 25 molestation, lewd or lascivious conduct, or lewd or lascivious 26 exhibition A lewd, lascivious, or indecent assault or act upon 27 or in the presence of the child, in violation of s. 800.04; 28 4. A violation of s. 796.03 or s. 796.04, relating to 29 prostitution, upon the child; or 30 5. Exploitation of the child or allowing the child to 31 be exploited, in violation of s. 450.151, 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 2 commits a life felony, punishable as provided in s. 775.082, 3 s. 775.083, or s. 775.084. 4 Section 5. Paragraph (a) of subsection (3) of section 5 787.02, Florida Statutes, 1996 Supplement, is amended to read: 6 787.02 False imprisonment; false imprisonment of child 7 under age 13, aggravating circumstances.-- 8 (3)(a) A person who commits the offense of false 9 imprisonment upon a child under the age of 13 and who, in the 10 course of committing the offense, commits any offense 11 enumerated in subparagraphs 1.-5., commits a felony of the 12 first degree, punishable by imprisonment for a term of years 13 not exceeding life or as provided in s. 775.082, s. 775.083, 14 or s. 775.084. 15 1. Aggravated child abuse, as defined in s. 827.03; 16 2. Sexual battery, as defined in chapter 794, against 17 the child; 18 3. Lewd or lascivious battery, lewd or lascivious 19 molestation, lewd or lascivious conduct, or lewd or lascivious 20 exhibition A lewd, lascivious, or indecent assault or act upon 21 or in the presence of the child, in violation of s. 800.04; 22 4. A violation of s. 796.03 or s. 796.04, relating to 23 prostitution, upon the child; or 24 5. Exploitation of the child or allowing the child to 25 be exploited, in violation of s. 450.151. 26 Section 6. Section 800.03, Florida Statutes, is 27 amended to read: 28 800.03 Exposure of sexual organs.-- 29 (1) It is unlawful for any person to expose or exhibit 30 his or her one's sexual organs in public or on the private 31 premises of another, or so near thereto as to be seen from 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 such private premises, in a vulgar or indecent manner, or 2 appear to be naked in public except in any place provided or 3 set apart for that purpose. 4 (2) Except as provided in subsection (3), a person who 5 commits a violation of this section commits is a misdemeanor 6 of the first degree, punishable as provided in s. 775.082 or 7 s. 775.083. 8 (3) A person who commits a violation of this section 9 in the presence of a person less than 16 years of age commits 10 a violation of s. 800.04. 11 (4) A mother's breastfeeding of her baby does not 12 under any circumstance violate this section. 13 Section 7. Section 800.04, Florida Statutes, is 14 amended to read: 15 800.04 Lewd or lascivious offenses committed upon or 16 in the presence of persons less than 16 years of age Lewd, 17 lascivious, or indecent assault or act upon or in presence of 18 child.-- 19 (1) DEFINITIONS.--As used in this section: 20 (a) "Sexual activity" means the oral, anal, or vaginal 21 penetration by, or union with, the sexual organ of another or 22 the anal or vaginal penetration of another by any other 23 object; however, sexual activity does not include an act done 24 for a bona fide medical purpose. 25 (b) "Consent" means intelligent, knowing, and 26 voluntary consent, and does not include submission by 27 coercion. 28 (c) "Coercion" means the use of exploitation, bribes, 29 threats of force, or intimidation to gain cooperation or 30 compliance. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 (d) "Victim" means a person upon whom an offense 2 described in this section was committed or attempted; or a 3 person who has reported a violation of this section to a law 4 enforcement officer. 5 (2) CONSENT OF VICTIM.-- 6 (a) If the victim is under 12 years of age, the 7 consent of the victim cannot be raised as a defense to a 8 prosecution for any offense under this section. 9 (b) If the victim is 12 years of age or older but less 10 than 16 years of age, the consent of the victim cannot be 11 raised as a defense to a prosecution for any offense under 12 this section if the difference between the age of the offender 13 and the age of the victim exceeds 3 years. 14 (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The 15 perpetrator's ignorance of the victim's age, the victim's 16 misrepresentation of his or her age, or the perpetrator's bona 17 fide belief of the victim's age, cannot be raised as a defense 18 in a prosecution under this section. 19 (4) LEWD OR LASCIVIOUS BATTERY.--A person who: 20 (a) Engages in sexual activity with a person 12 years 21 of age or older but less than 16 years of age; or 22 (b) Encourages, forces, or entices any person less 23 than 16 years of age to engage in sadomasochistic abuse, 24 sexual bestiality, prostitution, or any other act involving 25 sexual activity 26 27 commits lewd or lascivious battery, a felony of the second 28 degree, punishable as provided in s. 775.082, s. 775.083, or 29 s. 775.084. 30 (5) LEWD OR LASCIVIOUS MOLESTATION.-- 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 (a) A person who intentionally touches in a lewd or 2 lascivious manner the breasts, genitals, genital area, or 3 buttocks, or the clothing covering them, of a person less than 4 16 years of age, commits lewd or lascivious molestation. 5 (b) An offender 18 years of age or older who commits 6 lewd or lascivious molestation against a victim less than 12 7 years of age commits a felony of the first degree, punishable 8 as provided in s. 775.082, s. 775.083, or s. 775.084. 9 (c)1. An offender less than 18 years of age who 10 commits lewd or lascivious molestation against a victim less 11 than 12 years of age; or 12 2. An offender 18 years of age or older who commits 13 lewd or lascivious molestation against a victim 12 years of 14 age or older but less than 16 years of age 15 16 commits a felony of the second degree, punishable as provided 17 in s. 775.082, s. 775.083, or s. 775.084. 18 (d) An offender less than 18 years of age who commits 19 lewd or lascivious molestation against a victim 12 years of 20 age or older but less than 16 years of age commits a felony of 21 the third degree, punishable as provided in s. 775.082, s. 22 775.083, or s. 775.084. 23 (6) LEWD OR LASCIVIOUS CONDUCT.-- 24 (a) A person who: 25 1. Intentionally touches a person under 16 years of 26 age in a lewd or lascivious manner; or 27 2. Solicits a person under 16 years of age to commit a 28 lewd or lascivious act 29 30 commits lewd or lascivious conduct. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 (b) An offender 18 years of age or older who commits 2 lewd or lascivious conduct commits a felony of the second 3 degree, punishable as provided in s. 775.082, s. 775.083, or 4 s. 775.084. 5 (c) An offender less than 18 years of age who commits 6 lewd or lascivious conduct commits a felony of the third 7 degree, punishable as provided in s. 775.082, s. 775.083, or 8 s. 775.084. 9 (7) LEWD OR LASCIVIOUS EXHIBITION.-- 10 (a) A person who: 11 1. Intentionally masturbates; 12 2. Intentionally exposes the genitals in a lewd or 13 lascivious manner; or 14 3. Intentionally commits any other sexual act that 15 does not involve actual physical or sexual contact with the 16 victim, including, but not limited to, sadomasochistic abuse, 17 sexual bestiality, or the simulation of any act involving 18 sexual activity 19 20 in the presence of a victim who is less than 16 years of age, 21 commits lewd or lascivious exhibition. 22 (b) An offender 18 years of age or older who commits a 23 lewd or lascivious exhibition commits a felony of the second 24 degree, punishable as provided in s. 775.082, s. 775.083, or 25 s. 775.084. 26 (c) An offender less than 18 years of age who commits 27 a lewd or lascivious exhibition commits a felony of the third 28 degree, punishable as provided in s. 775.082, s. 775.083, or 29 s. 775.084. 30 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 (8) EXCEPTION.--A mother's breastfeeding of her baby 2 does not under any circumstance constitute a violation of this 3 section. A person who: 4 (1) Handles, fondles, or assaults any child under the 5 age of 16 years in a lewd, lascivious, or indecent manner; 6 (2) Commits actual or simulated sexual intercourse, 7 deviate sexual intercourse, sexual bestiality, masturbation, 8 sadomasochistic abuse, actual lewd exhibition of the genitals, 9 or any act or conduct which simulates that sexual battery is 10 being or will be committed upon any child under the age of 16 11 years or forces or entices the child to commit any such act; 12 (3) Commits an act defined as sexual battery under s. 13 794.011(1)(h) upon any child under the age of 16 years; or 14 (4) Knowingly commits any lewd or lascivious act in 15 the presence of any child under the age of 16 years, 16 17 without committing the crime of sexual battery, commits a 18 felony of the second degree, punishable as provided in s. 19 775.082, s. 775.083, or s. 775.084. Neither the victim's lack 20 of chastity nor the victim's consent is a defense to the crime 21 proscribed by this section. A mother's breastfeeding of her 22 baby does not under any circumstance violate this section. 23 Section 8. Section 826.04, Florida Statutes, is 24 amended to read: 25 826.04 Incest.-- 26 (1) A person who Whoever knowingly marries or engages 27 in sexual activity has sexual intercourse with a person 18 28 years of age or older to whom he or she is related by lineal 29 consanguinity, or a brother, sister, uncle, aunt, nephew, or 30 niece, commits incest, which constitutes a felony of the third 31 degree, punishable as provided in s. 775.082, s. 775.083, or 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 s. 775.084. "Sexual intercourse" is the penetration of the 2 female sex organ by the male sex organ, however slight; 3 emission of semen is not required. 4 (2) A person who knowingly marries or engages in 5 sexual activity with a person less than 18 years of age to 6 whom he or she is related by lineal consanguinity, or a 7 brother, sister, uncle, aunt, nephew, or niece, commits 8 incest, a felony of the second degree, punishable as provided 9 in s. 775.082, s. 775.083, or s. 775.084. 10 (3) For purposes of this section, "sexual activity" 11 means the oral, anal, or vaginal penetration by or union with, 12 the sexual organ of another; however, sexual activity does not 13 include an act done for a bona fide medical purpose. 14 Section 9. For the purpose of incorporating the 15 amendments to sections 800.04 and 826.04, Florida Statutes, in 16 references thereto, the sections or subdivisions of Florida 17 Statutes set forth below are reenacted to read: 18 775.15 Time limitations.-- 19 (7) If the victim of a violation of s. 794.011, former 20 s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is 21 under the age of 16, the applicable period of limitation, if 22 any, does not begin to run until the victim has reached the 23 age of 16 or the violation is reported to a law enforcement 24 agency or other governmental agency, whichever occurs earlier. 25 Such law enforcement agency or other governmental agency shall 26 promptly report such allegation to the state attorney for the 27 judicial circuit in which the alleged violation occurred. This 28 subsection applies to any such offense except an offense the 29 prosecution of which would have been barred by subsection (2) 30 on or before December 31, 1984. 31 787.025 Luring or enticing a child.-- 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 (2)(a) A person over the age of 18 who, having been 2 previously convicted of a violation of chapter 794 or s. 3 800.04, or a violation of a similar law of another 4 jurisdiction, intentionally lures or entices, or attempts to 5 lure or entice, a child under the age of 12 into a structure, 6 dwelling, or conveyance for other than a lawful purpose 7 commits a felony of the third degree, punishable as provided 8 in s. 775.082, s. 775.083, or s. 775.084. 9 914.16 Child abuse and sexual abuse of victims under 10 age 16 or persons with mental retardation; limits on 11 interviews.--The chief judge of each judicial circuit, after 12 consultation with the state attorney and the public defender 13 for the judicial circuit, the appropriate chief law 14 enforcement officer, and any other person deemed appropriate 15 by the chief judge, shall provide by order reasonable limits 16 on the number of interviews that a victim of a violation of s. 17 794.011, s. 800.04, or s. 827.03 who is under 16 years of age 18 or a victim of a violation of s. 794.011, s. 800.02, s. 19 800.03, or s. 825.102 who is a person with mental retardation 20 as defined in s. 393.063(41) must submit to for law 21 enforcement or discovery purposes. The order shall, to the 22 extent possible, protect the victim from the psychological 23 damage of repeated interrogations while preserving the rights 24 of the public, the victim, and the person charged with the 25 violation. 26 944.606 Sexual offenders; notification upon release.-- 27 (1) As used in this section: 28 (b) "Sexual offender" means a person who has been 29 convicted of a felony violation of chapter 794, s. 800.04, s. 30 827.071, or s. 847.0145, or a violation of a similar law of 31 another jurisdiction, when the department has received 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 verified information regarding such conviction; an offender's 2 computerized criminal history record is not, in and of itself, 3 verified information. 4 Section 10. Paragraphs (b), (d), (e), (f), (g), (h), 5 (i), and (j) of subsection (3) of section 921.0012, Florida 6 Statutes, 1996 Supplement, are amended to read: 7 921.0012 Sentencing guidelines offense levels; offense 8 severity ranking chart.-- 9 (3) OFFENSE SEVERITY RANKING CHART 10 Florida Felony 11 Statute Degree Description 12 13 14 (b) LEVEL 2 15 403.413(5)(c) 3rd Dumps waste litter exceeding 500 16 lbs. in weight or 100 cubic feet 17 in volume or any quantity for 18 commercial purposes, or hazardous 19 waste. 20 517.07 3rd Registration of securities and 21 furnishing of prospectus 22 required. 23 590.28(1) 3rd Willful, malicious, or 24 intentional burning. 25 784.05(3) 3rd Storing or leaving a loaded 26 firearm within reach of minor who 27 uses it to inflict injury or 28 death. 29 787.04(1) 3rd In violation of court order, 30 take, entice, etc., minor beyond 31 state limits. 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 2 or more to public communication 3 or any other public service. 4 810.09(2)(e) 3rd Trespassing on posted commerical 5 horticulture property. 6 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or 7 more but less than $5,000. 8 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or 9 more but less than $300, taken 10 from unenclosed curtilage of 11 dwelling. 12 817.234(1)(a)2. 3rd False statement in support of 13 insurance claim. 14 817.481(3)(a) 3rd Obtain credit or purchase with 15 false, expired, counterfeit, 16 etc., credit card, value over 17 $300. 18 817.52(3) 3rd Failure to redeliver hired 19 vehicle. 20 817.54 3rd With intent to defraud, obtain 21 mortgage note, etc., by false 22 representation. 23 817.60(5) 3rd Dealing in credit cards of 24 another. 25 817.60(6)(a) 3rd Forgery; purchase goods, services 26 with false card. 27 817.61 3rd Fraudulent use of credit cards 28 over $100 or more within 6 29 months. 30 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 826.04(1) 3rd Knowingly marries or engages in 2 sexual activity has sexual 3 intercourse with person 18 years 4 of age or older to whom related. 5 831.01 3rd Forgery. 6 831.02 3rd Uttering forged instrument; 7 utters or publishes alteration 8 with intent to defraud. 9 831.07 3rd Forging bank bills or promissory 10 note. 11 831.08 3rd Possession of 10 or more forged 12 notes. 13 831.09 3rd Uttering forged bills; passes as 14 bank bill or promissory note. 15 832.05(3)(a) 3rd Cashing or depositing item with 16 intent to defraud. 17 843.08 3rd Falsely impersonating an officer. 18 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), 19 (2)(c), (3), or (4) drugs other 20 than cannabis. 21 893.147(2) 3rd Manufacture or delivery of drug 22 paraphernalia. 23 24 (d) LEVEL 4 25 316.1935(2) 3rd Fleeing or attempting to elude 26 law enforcement officer resulting 27 in high-speed pursuit. 28 784.03(3) 3rd Battery of a person less than 16 29 years of age. 30 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 784.07(2)(b) 3rd Battery of law enforcement 2 officer, firefighter, intake 3 officer, etc. 4 784.075 3rd Battery on detention or 5 commitment facility staff. 6 784.08(2)(c) 3rd Battery on a person 65 years of 7 age or older. 8 784.081(3) 3rd Battery on specified official or 9 employee. 10 784.082(3) 3rd Battery by detained person on 11 visitor or other detainee. 12 787.03(1) 3rd Interference with custody; 13 wrongly takes child from 14 appointed guardian. 15 787.04(2) 3rd Take, entice, or remove child 16 beyond state limits with criminal 17 intent pending custody 18 proceedings. 19 787.04(3) 3rd Carrying child beyond state lines 20 with criminal intent to avoid 21 producing child at custody 22 hearing or delivering to 23 designated person. 24 790.115(1) 3rd Exhibiting firearm or weapon 25 within 1,000 feet of a school. 26 790.115(2)(b) 3rd Possessing electric weapon or 27 device, destructive device, or 28 other weapon on school property. 29 790.115(2)(c) 3rd Possessing firearm on school 30 property. 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 800.04(7)(c) 3rd Lewd or lascivious exhibition; 2 offender less than 18 years. 3 810.02(4)(a) 3rd Burglary, or attempted burglary, 4 of an unoccupied structure; 5 unarmed; no assault or battery. 6 810.02(4)(b) 3rd Burglary, or attempted burglary, 7 of an unoccupied conveyance; 8 unarmed; no assault or battery. 9 810.06 3rd Burglary; possession of tools. 10 810.08(2)(c) 3rd Trespass on property, armed with 11 firearm or dangerous weapon. 12 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 13 or more but less than $20,000. 14 812.014 15 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, 16 firearm, motor vehicle, 17 livestock, etc. 18 817.563(1) 3rd Sell or deliver substance other 19 than controlled substance agreed 20 upon, excluding s. 893.03(5) 21 drugs. 22 828.125(1) 2nd Kill, maim, or cause great bodily 23 harm or permanent breeding 24 disability to any registered 25 horse or cattle. 26 837.02(1) 3rd Perjury in official proceedings. 27 837.021(1) 3rd Make contradictory statements in 28 official proceedings. 29 30 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 843.025 3rd Deprive law enforcement, 2 correctional, or correctional 3 probation officer of means of 4 protection or communication. 5 843.15(1)(a) 3rd Failure to appear while on bail 6 for felony (bond estreature or 7 bond jumping). 8 874.05(1) 3rd Encouraging or recruiting another 9 to join a criminal street gang. 10 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 11 893.03(1)(a), (b), or (d), or 12 (2)(a) or (b) drugs). 13 914.14(2) 3rd Witnesses accepting bribes. 14 914.22(1) 3rd Force, threaten, etc., witness, 15 victim, or informant. 16 914.23(2) 3rd Retaliation against a witness, 17 victim, or informant, no bodily 18 injury. 19 918.12 3rd Tampering with jurors. 20 21 (e) LEVEL 5 22 316.027(1)(a) 3rd Accidents involving personal 23 injuries, failure to stop; 24 leaving scene. 25 316.1935(3) 3rd Aggravated fleeing or eluding. 26 322.34(3) 3rd Careless operation of motor 27 vehicle with suspended license, 28 resulting in death or serious 29 bodily injury. 30 327.30(5) 3rd Vessel accidents involving 31 personal injury; leaving scene. 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 381.0041(11)(b) 3rd Donate blood, plasma, or organs 2 knowing HIV positive. 3 790.01(2) 3rd Carrying a concealed firearm. 4 790.162 2nd Threat to throw or discharge 5 destructive device. 6 790.163 2nd False report of deadly explosive. 7 790.165(2) 3rd Manufacture, sell, possess, or 8 deliver hoax bomb. 9 790.221(1) 2nd Possession of short-barreled 10 shotgun or machine gun. 11 790.23 2nd Felons in possession of firearms 12 or electronic weapons or devices. 13 800.04(6)(c) 3rd Lewd or lascivious conduct; 14 offender less than 18 years. 15 800.04(7)(b) 2nd Lewd or lascivious exhibition; 16 offender 18 years or older. 17 806.111(1) 3rd Possess, manufacture, or dispense 18 fire bomb with intent to damage 19 any structure or property. 20 812.019(1) 2nd Stolen property; dealing in or 21 trafficking in. 22 812.16(2) 3rd Owning, operating, or conducting 23 a chop shop. 24 817.034(4)(a)2. 2nd Communications fraud, value 25 $20,000 to $50,000. 26 825.1025(4) 3rd Lewd or lascivious exhibition in 27 the presence of an elderly person 28 or disabled adult. 29 30 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 827.071(4) 2nd Possess with intent to promote 2 any photographic material, motion 3 picture, etc., which includes 4 sexual conduct by a child. 5 843.01 3rd Resist officer with violence to 6 person; resist arrest with 7 violence. 8 874.05(2) 2nd Encouraging or recruiting another 9 to join a criminal street gang; 10 second or subsequent offense. 11 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 12 cocaine (or other s. 13 893.03(1)(a), (1)(b), (1)(d), 14 (2)(a), or (2)(b) drugs). 15 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 16 cannabis (or other s. 17 893.03(1)(c), (2)(c), (3), or (4) 18 drugs) within 1,000 feet of a 19 school. 20 893.13(1)(d)1. 1st Sell, manufacture, or deliver 21 cocaine (or other s. 22 893.03(1)(a), (1)(b), (1)(d), 23 (2)(a), or (2)(b) drugs) within 24 200 feet of university, public 25 housing facility, or public park. 26 893.13(4)(b) 2nd Deliver to minor cannabis (or 27 other s. 893.03(1)(c), (2)(c), 28 (3), or (4) drugs). 29 30 (f) LEVEL 6 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 316.027(1)(b) 2nd Accident involving death, failure 2 to stop; leaving scene. 3 316.193(2)(b) 3rd Felony DUI, 4th or subsequent 4 conviction. 5 775.0875(1) 3rd Taking firearm from law 6 enforcement officer. 7 784.021(1)(a) 3rd Aggravated assault; deadly weapon 8 without intent to kill. 9 784.021(1)(b) 3rd Aggravated assault; intent to 10 commit felony. 11 784.048(3) 3rd Aggravated stalking; credible 12 threat. 13 784.07(2)(c) 2nd Aggravated assault on law 14 enforcement officer. 15 784.08(2)(b) 2nd Aggravated assault on a person 65 16 years of age or older. 17 784.081(2) 2nd Aggravated assault on specified 18 official or employee. 19 784.082(2) 2nd Aggravated assault by detained 20 person on visitor or other 21 detainee. 22 787.02(2) 3rd False imprisonment; restraining 23 with purpose other than those in 24 s. 787.01. 25 790.115(2)(d) 2nd Discharging firearm or weapon on 26 school property. 27 790.161(2) 2nd Make, possess, or throw 28 destructive device with intent to 29 do bodily harm or damage 30 property. 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 790.164(1) 2nd False report of deadly explosive 2 or act of arson or violence to 3 state property. 4 790.19 2nd Shooting or throwing deadly 5 missiles into dwellings, vessels, 6 or vehicles. 7 794.011(8)(a) 3rd Solicitation of minor to 8 participate in sexual activity by 9 custodial adult. 10 794.05(1) 2nd Unlawful sexual activity with 11 specified minor. 12 800.04(5)(d) 3rd Lewd or lascivious molestation; 13 victim 12 years of age or older 14 but less than 16 years; offender 15 less than 18 years. 16 800.04(6)(b) 2nd Lewd or lascivious conduct; 17 offender 18 years of age or 18 older. 19 806.031(2) 2nd Arson resulting in great bodily 20 harm to firefighter or any other 21 person. 22 810.02(3)(c) 2nd Burglary of occupied structure; 23 unarmed; no assault or battery. 24 812.014(2)(b) 2nd Property stolen $20,000 or more, 25 but less than $100,000, grand 26 theft in 2nd degree. 27 812.13(2)(c) 2nd Robbery, no firearm or other 28 weapon (strong-arm robbery). 29 817.034(4)(a)1. 1st Communications fraud, value 30 greater than $50,000. 31 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 817.4821(5) 2nd Possess cloning paraphernalia 2 with intent to create cloned 3 cellular telephones. 4 825.102(1) 3rd Abuse of an elderly person or 5 disabled adult. 6 825.102(3)(c) 3rd Neglect of an elderly person or 7 disabled adult. 8 825.1025(3) 3rd Lewd or lascivious molestation of 9 an elderly person or disabled 10 adult. 11 825.103(2)(c) 3rd Exploiting an elderly person or 12 disabled adult and property is 13 valued at $100 or more, but less 14 than $20,000. 15 827.03(1) 3rd Abuse of a child. 16 827.03(3)(c) 3rd Neglect of a child. 17 827.071(2)&(3) 2nd Use or induce a child in a sexual 18 performance, or promote or direct 19 such performance. 20 836.05 2nd Threats; extortion. 21 836.10 2nd Written threats to kill or do 22 bodily injury. 23 843.12 3rd Aids or assists person to escape. 24 914.23 2nd Retaliation against a witness, 25 victim, or informant, with bodily 26 injury. 27 28 29 30 31 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 944.35(3)(a)2. 3rd Committing malicious battery upon 2 or inflicting cruel or inhuman 3 treatment on an inmate or 4 offender on community 5 supervision, resulting in great 6 bodily harm. 7 944.40 2nd Escapes. 8 944.46 3rd Harboring, concealing, aiding 9 escaped prisoners. 10 944.47(1)(a)5. 2nd Introduction of contraband 11 (firearm, weapon, or explosive) 12 into correctional facility. 13 951.22(1) 3rd Intoxicating drug, firearm, or 14 weapon introduced into county 15 facility. 16 17 (g) LEVEL 7 18 316.193(3)(c)2. 3rd DUI resulting in serious bodily 19 injury. 20 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 21 bodily injury. 22 409.920(2) 3rd Medicaid provider fraud. 23 494.0018(2) 1st Conviction of any violation of 24 ss. 494.001-494.0077 in which the 25 total money and property 26 unlawfully obtained exceeded 27 $50,000 and there were five or 28 more victims. 29 30 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 782.07(1) 2nd Killing of a human being by the 2 act, procurement, or culpable 3 negligence of another 4 (manslaughter). 5 782.071(1) 3rd Killing of human being by the 6 operation of a motor vehicle in a 7 reckless manner (vehicular 8 homicide). 9 782.072(1) 3rd Killing of a human being by the 10 operation of a vessel in a 11 reckless manner (vessel 12 homicide). 13 784.045(1)(a)1. 2nd Aggravated battery; intentionally 14 causing great bodily harm or 15 disfigurement. 16 784.045(1)(a)2. 2nd Aggravated battery; using deadly 17 weapon. 18 784.045(1)(b) 2nd Aggravated battery; perpetrator 19 aware victim pregnant. 20 784.048(4) 3rd Aggravated stalking; violation of 21 injunction or court order. 22 784.07(2)(d) 1st Aggravated battery on law 23 enforcement officer. 24 784.08(2)(a) 1st Aggravated battery on a person 65 25 years of age or older. 26 784.081(1) 1st Aggravated battery on specified 27 official or employee. 28 784.082(1) 1st Aggravated battery by detained 29 person on visitor or other 30 detainee. 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 790.07(4) 1st Specified weapons violation 2 subsequent to previous conviction 3 of s. 790.07(1) or (2). 4 790.16(1) 1st Discharge of a machine gun under 5 specified circumstances. 6 796.03 2nd Procuring any person under 16 7 years for prostitution. 8 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 9 victim less than 12 years of age; 10 offender less than 18 years 11 Handle, fondle, or assault child 12 under 16 years in lewd, 13 lascivious, or indecent manner. 14 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 15 victim 12 years of age or older 16 but less than 16 years; offender 17 18 years or older. 18 806.01(2) 2nd Maliciously damage structure by 19 fire or explosive. 20 810.02(3)(a) 2nd Burglary of occupied dwelling; 21 unarmed; no assault or battery. 22 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 23 unarmed; no assault or battery. 24 810.02(3)(d) 2nd Burglary of occupied conveyance; 25 unarmed; no assault or battery. 26 812.014(2)(a) 1st Property stolen, valued at 27 $100,000 or more; property stolen 28 while causing other property 29 damage; 1st degree grand theft. 30 31 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 812.019(2) 1st Stolen property; initiates, 2 organizes, plans, etc., the theft 3 of property and traffics in 4 stolen property. 5 812.133(2)(b) 1st Carjacking; no firearm, deadly 6 weapon, or other weapon. 7 825.102(3)(b) 2nd Neglecting an elderly person or 8 disabled adult causing great 9 bodily harm, disability, or 10 disfigurement. 11 825.1025(2) 2nd Lewd or lascivious battery upon 12 an elderly person or disabled 13 adult. 14 825.103(2)(b) 2nd Exploiting an elderly person or 15 disabled adult and property is 16 valued at $20,000 or more, but 17 less than $100,000. 18 827.03(3)(b) 2nd Neglect of a child causing great 19 bodily harm, disability, or 20 disfigurement. 21 827.04(4) 3rd Impregnation of a child under 16 22 years of age by person 21 years 23 of age or older. 24 872.06 2nd Abuse of a dead human body. 25 893.13(1)(c)1. 1st Sell, manufacture, or deliver 26 cocaine (or other s. 27 893.03(1)(a), (1)(b), (1)(d), 28 (2)(a), or (2)(b) drugs) within 29 1,000 feet of a school. 30 31 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 893.13(4)(a) 1st Deliver to minor cocaine (or 2 other s. 893.03(1)(a), (1)(b), 3 (1)(d), (2)(a), or (2)(b) drugs). 4 893.135(1)(a)1. 1st Trafficking in cannabis, more 5 than 50 lbs., less than 2,000 6 lbs. 7 893.135 8 (1)(b)1.a. 1st Trafficking in cocaine, more than 9 28 grams, less than 200 grams. 10 893.135 11 (1)(c)1.a. 1st Trafficking in illegal drugs, 12 more than 4 grams, less than 14 13 grams. 14 893.135 15 (1)(d)1. 1st Trafficking in phencyclidine, 16 more than 28 grams, less than 200 17 grams. 18 893.135(1)(e)1. 1st Trafficking in methaqualone, more 19 than 200 grams, less than 5 20 kilograms. 21 893.135(1)(f)1. 1st Trafficking in amphetamine, more 22 than 14 grams, less than 28 23 grams. 24 25 (h) LEVEL 8 26 316.193 27 (3)(c)3.a. 2nd DUI manslaughter. 28 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 29 777.03(2)(a) 1st Accessory after the fact, capital 30 felony. 31 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 782.04(4) 2nd Killing of human without design 2 when engaged in act or attempt of 3 any felony other than arson, 4 sexual battery, robbery, 5 burglary, kidnapping, aircraft 6 piracy, or unlawfully discharging 7 bomb. 8 782.071(2) 2nd Committing vehicular homicide and 9 failing to render aid or give 10 information. 11 782.072(2) 2nd Committing vessel homicide and 12 failing to render aid or give 13 information. 14 790.161(3) 1st Discharging a destructive device 15 which results in bodily harm or 16 property damage. 17 794.011(5) 2nd Sexual battery, victim 12 years 18 or over, offender does not use 19 physical force likely to cause 20 serious injury. 21 800.04(4) 2nd Lewd or lascivious battery. 22 806.01(1) 1st Maliciously damage dwelling or 23 structure by fire or explosive, 24 believing person in structure. 25 810.02(2)(a) 1st,PBL Burglary with assault or battery. 26 810.02(2)(b) 1st,PBL Burglary; armed with explosives 27 or dangerous weapon. 28 810.02(2)(c) 1st Burglary of a dwelling or 29 structure causing structural 30 damage or $1,000 or more property 31 damage. 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 812.13(2)(b) 1st Robbery with a weapon. 2 812.135(2) 1st Home-invasion robbery. 3 825.102(2) 2nd Aggravated abuse of an elderly 4 person or disabled adult. 5 825.103(2)(a) 1st Exploiting an elderly person or 6 disabled adult and property is 7 valued at $100,000 or more. 8 826.04(2) 2nd Knowingly marries or engages in 9 sexual activity with person less 10 than 18 years of age to whom 11 related. 12 827.03(2) 2nd Aggravated child abuse. 13 860.121(2)(c) 1st Shooting at or throwing any 14 object in path of railroad 15 vehicle resulting in great bodily 16 harm. 17 860.16 1st Aircraft piracy. 18 893.13(1)(b) 1st Sell or deliver in excess of 10 19 grams of any substance specified 20 in s. 893.03(1)(a) or (b). 21 893.13(2)(b) 1st Purchase in excess of 10 grams of 22 any substance specified in s. 23 893.03(1)(a) or (b). 24 893.13(6)(c) 1st Possess in excess of 10 grams of 25 any substance specified in s. 26 893.03(1)(a) or (b). 27 893.135(1)(a)2. 1st Trafficking in cannabis, more 28 than 2,000 lbs., less than 10,000 29 lbs. 30 31 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 893.135 2 (1)(b)1.b. 1st Trafficking in cocaine, more than 3 200 grams, less than 400 grams. 4 893.135 5 (1)(c)1.b. 1st Trafficking in illegal drugs, 6 more than 14 grams, less than 28 7 grams. 8 893.135(1)(d)2. 1st Trafficking in phencyclidine, 9 more than 200 grams, less than 10 400 grams. 11 893.135(1)(e)2. 1st Trafficking in methaqualone, more 12 than 5 kilograms, less than 25 13 kilograms. 14 893.135(1)(f)2. 1st Trafficking in amphetamine, more 15 than 28 grams, less than 200 16 grams. 17 895.03(1) 1st Use or invest proceeds derived 18 from pattern of racketeering 19 activity. 20 895.03(2) 1st Acquire or maintain through 21 racketeering activity any 22 interest in or control of any 23 enterprise or real property. 24 895.03(3) 1st Conduct or participate in any 25 enterprise through pattern of 26 racketeering activity. 27 28 (i) LEVEL 9 29 316.193 30 (3)(c)3.b. 1st DUI manslaughter; failing to 31 render aid or give information. 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 782.04(1) 1st Attempt, conspire, or solicit to 2 commit premeditated murder. 3 782.04(3) 1st,PBL Accomplice to murder in 4 connection with arson, sexual 5 battery, robbery, burglary, and 6 other specified felonies. 7 782.07(2) 1st Aggravated manslaughter of an 8 elderly person or disabled adult. 9 782.07(3) 1st Aggravated manslaughter of a 10 child. 11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or 12 reward or as a shield or hostage. 13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit 14 or facilitate commission of any 15 felony. 16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to 17 interfere with performance of any 18 governmental or political 19 function. 20 787.02(3)(a) 1st False imprisonment; child under 21 age 13; perpetrator also commits 22 child abuse, sexual battery, 23 lewd, or lascivious battery, 24 molestation, conduct, or 25 exhibition act, etc. 26 790.161 1st Attempted capital destructive 27 device offense. 28 794.011(2) 1st Attempted sexual battery; victim 29 less than 12 years of age. 30 31 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 794.011(2) Life Sexual battery; offender younger 2 than 18 years and commits sexual 3 battery on a person less than 12 4 years. 5 794.011(4) 1st Sexual battery; victim 12 years 6 or older, certain circumstances. 7 794.011(8)(b) 1st Sexual battery; engage in sexual 8 conduct with minor 12 to 18 years 9 by person in familial or 10 custodial authority. 11 800.04(5)(b) 1st Lewd or lascivious molestation; 12 victim less than 12 years; 13 offender 18 years or older. 14 812.13(2)(a) 1st,PBL Robbery with firearm or other 15 deadly weapon. 16 812.133(2)(a) 1st,PBL Carjacking; firearm or other 17 deadly weapon. 18 847.0145(1) 1st Selling, or otherwise 19 transferring custody or control, 20 of a minor. 21 847.0145(2) 1st Purchasing, or otherwise 22 obtaining custody or control, of 23 a minor. 24 859.01 1st Poisoning food, drink, medicine, 25 or water with intent to kill or 26 injure another person. 27 893.135 1st Attempted capital trafficking 28 offense. 29 893.135(1)(a)3. 1st Trafficking in cannabis, more 30 than 10,000 lbs. 31 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 893.135 2 (1)(b)1.c. 1st Trafficking in cocaine, more than 3 400 grams, less than 150 4 kilograms. 5 893.135 6 (1)(c)1.c. 1st Trafficking in illegal drugs, 7 more than 28 grams, less than 30 8 kilograms. 9 893.135(1)(d)3. 1st Trafficking in phencyclidine, 10 more than 400 grams. 11 893.135(1)(e)3. 1st Trafficking in methaqualone, more 12 than 25 kilograms. 13 893.135(1)(f)3. 1st Trafficking in amphetamine, more 14 than 200 grams. 15 16 (j) LEVEL 10 17 782.04(2) 1st,PBL Unlawful killing of human; act is 18 homicide, unpremeditated. 19 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm 20 upon or terrorize victim. 21 787.01(3)(a) Life Kidnapping; child under age 13, 22 perpetrator also commits child 23 abuse, sexual battery, lewd, or 24 lascivious offense upon or in the 25 presence of person less than 16 26 years of age act, etc. 27 794.011(3) Life Sexual battery; victim 12 years 28 or older, offender uses or 29 threatens to use deadly weapon or 30 physical force to cause serious 31 injury. 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 876.32 1st Treason against the state. 2 3 Section 11. Paragraph (a) of subsection (4) of section 4 948.03, Florida Statutes, 1996 Supplement, is amended, and 5 subsection (5) of said section is reenacted, to read: 6 948.03 Terms and conditions of probation or community 7 control.-- 8 (4) The court shall require a diagnosis and evaluation 9 to determine the need of a probationer or offender in 10 community control for treatment. If the court determines that 11 a need therefor is established by such diagnosis and 12 evaluation process, the court shall require outpatient 13 counseling as a term or condition of probation or community 14 control for any person who was found guilty of any of the 15 following, or whose plea of guilty or nolo contendere to any 16 of the following was accepted by the court: 17 (a) Lewd or lascivious battery, lewd or lascivious 18 molestation, lewd or lascivious conduct, or lewd or lascivious 19 exhibition, as defined in s. 800.04 A lewd, lascivious, or 20 indecent assault or act upon, or in the presence of, a child. 21 (b) Sexual battery, as defined in chapter 794, against 22 a child. 23 (c) Exploitation of a child as provided in s. 450.151, 24 or for prostitution. 25 26 Such counseling shall be required to be obtained from a 27 community mental health center, a recognized social service 28 agency providing mental health services, or a private mental 29 health professional or through other professional counseling. 30 The plan for counseling for the individual shall be provided 31 to the court for review. 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 (5) Effective for probationers or community controlees 2 whose crime was committed on or after October 1, 1995, and who 3 are placed under supervision for violation of chapter 794, or 4 s. 800.04, s. 827.071, or s. 847.0145, the court must impose 5 the following conditions in addition to all other standard and 6 special conditions imposed: 7 (a) A curfew, if appropriate, during hours set by the 8 sentencing court. 9 (b) If the victim was under the age of 18, a 10 prohibition on living within 1,000 feet of a school, day care 11 center, park, playground, or other place where children 12 regularly congregate, as prescribed by the court. 13 (c) Active participation in and successful completion 14 of a sex offender treatment program, at the probationer's or 15 community controlee's own expense, unless one is not available 16 within a 50-mile radius of the probationer's or community 17 controlee's residence. 18 (d) A prohibition on any contact with the victim, 19 directly or indirectly, including through a third person, 20 unless approved by the sentencing court. 21 (e) If the victim was under the age of 18, a 22 prohibition, until successful completion of a sex offender 23 treatment program, on unsupervised contact with a child under 24 the age of 18, unless authorized by the sentencing court 25 without another adult present who is responsible for the 26 child's welfare, has been advised of the crime, and is 27 approved by the commission. 28 (f) If the victim was under age 18, a prohibition on 29 working for pay or as a volunteer at any school, day care 30 center, park, playground, or other place where children 31 regularly congregate. 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 (g) Unless otherwise indicated in the treatment plan 2 provided by the sexual offender treatment program, a 3 prohibition on viewing, owning, or possessing any obscene, 4 pornographic, or sexually explicit material. 5 (h) A requirement that the probationer or community 6 controlee must submit two specimens of blood to the Florida 7 Department of Law Enforcement to be registered with the DNA 8 data bank. 9 (i) A requirement that the probationer or community 10 controlee make restitution to the victim, as ordered by the 11 court under s. 775.089, for all necessary medical and related 12 professional services relating to physical, psychiatric, and 13 psychological care. 14 Section 12. This act shall take effect October 1, 15 1997. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1259 507-145D-97 1 ***************************************** 2 HOUSE SUMMARY 3 Creates the Children's Protection Act of 1997. Defines 4 the offense of battery upon a child under 16 years of age. Provides penalties. 5 6 Redefines the offense of unlawful exposure or exhibition of sexual organs to prohibit appearing naked under 7 specified circumstances. Provides penalties. Provides that a violation of specified provisions relating to 8 exposure of sexual organs in the presence of a person under 16 years of age constitutes a violation of 9 specified provisions relating to lewd or lascivious offenses committed upon or in the presence of a person 10 under 16 years of age. Provides an exception for maternal breastfeeding. 11 12 Revises specified provisions relating to incest. Removes definition of "sexual intercourse" and defines "sexual 13 activity." Redefines the offense of third degree felony incest to include knowingly marrying or engaging in 14 sexual activity with any specified relative who is at least 18 years old. Provides penalties. Defines the 15 offense of second degree felony incest against a person under 16 years of age. Provides penalties. 16 17 Deletes provisions that define and provide penalties for "lewd, lascivious, or indecent assault or act upon or in 18 the presence of a child." Creates the offenses of "lewd or lascivious battery," "lewd or lascivious molestation," 19 "lewd or lascivious conduct," and "lewd or lascivious exhibition." Provides definitions. Provides penalties. 20 Provides definitions of "consent" and "coercion." Precludes consent from being raised as a defense except 21 in certain circumstances. Precludes ignorance or belief of age from being raised as a defense. Provides an 22 exception for maternal breastfeeding. Revises specified provisions relating to violent career criminal sentencing 23 or relating to kidnapping and false imprisonment, to conform to the act. Reenacts specified provisions 24 relating to time limitations, luring or enticing a child, limits on interviews, and sex offender notification upon 25 release, to incorporate amendments in cross references. 26 Ranks offenses created in the act in the sentencing 27 guidelines offense severity ranking chart. Revises or reenacts specified provisions relating to terms and 28 conditions of probation or community control, to conform to the act. 29 30 31 39