Senate Bill sb1118e1

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    CS for SB 1118                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to the protection of victims of

  3         sexual battery and lewd or lascivious offenses;

  4         providing a short title; creating s. 921.244,

  5         F.S.; requiring the court to prohibit certain

  6         offenders from having direct or indirect

  7         contact with the victim of the offense;

  8         authorizing the court to reconsider orders

  9         prohibiting the contact in certain

10         circumstances; providing that it is a felony of

11         the third degree to violate the order;

12         providing for a consecutive sentence to

13         previous sentences imposed for convictions of

14         certain offenses; amending s. 784.048, F.S.;

15         providing that it is a felony of the third

16         degree to willfully, maliciously, and

17         repeatedly follow, harass, or cyberstalk the

18         victim in violation of an order prohibiting

19         contact; providing applicability; providing for

20         a consecutive sentence to previous sentences

21         imposed for convictions of certain offenses;

22         amending s. 921.0022, F.S.; providing for

23         placement of the offense of "aggravated

24         stalking" on the offense severity ranking

25         chart; providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  This act may be cited as the "Lauren Book

30  Protection Act."

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    CS for SB 1118                                 First Engrossed



 1         Section 2.  Section 921.244, Florida Statutes, is

 2  created to read:

 3         921.244  Order of no contact; penalties.--

 4         (1)  At the time of sentencing an offender convicted of

 5  a violation of s. 794.011 or s. 800.04, the court shall order

 6  that the offender be prohibited from having any contact with

 7  the victim, directly or indirectly, including through a third

 8  person, for the duration of the sentence imposed. The court

 9  may reconsider the order upon the request of the victim if the

10  request is made at any time after the victim has attained 18

11  years of age. In considering the request, the court shall

12  conduct an evidentiary hearing to determine whether a change

13  of circumstances has occurred which warrants a change in the

14  court order prohibiting contact and whether it is in the best

15  interest of the victim that the court order be modified or

16  rescinded.

17         (2)  Any offender who violates a court order issued

18  under this section commits a felony of the third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084.

21         (3)  The punishment imposed under this section shall

22  run consecutive to any former sentence imposed for a

23  conviction for any offense under s. 794.011 or s. 800.04.

24         Section 3.  Subsections (7) and (8) are added to

25  section 784.048, Florida Statutes, to read:

26         784.048  Stalking; definitions; penalties.--

27         (7)  Any person who, after having been sentenced for a

28  violation of s. 794.011 or s. 800.04, and prohibited from

29  contacting the victim of the offense under s. 921.244,

30  willfully, maliciously, and repeatedly follows, harasses, or

31  cyberstalks the victim commits the offense of aggravated


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    CS for SB 1118                                 First Engrossed



 1  stalking, a felony of the third degree, punishable as provided

 2  in s. 775.082, s. 775.083, or s. 775.084.

 3         (8)  The punishment imposed under this section shall

 4  run consecutive to any former sentence imposed for a

 5  conviction for any offense under s. 794.011 or s. 800.04.

 6         Section 4.  Paragraph (g) of subsection (3) of section

 7  921.0022, Florida Statutes, is amended to read:

 8         921.0022  Criminal Punishment Code; offense severity

 9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

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12  Florida           Felony

13  Statute           Degree             Description

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15    

16                              (g)  LEVEL 7

17  316.027(1)(b)      2nd      Accident involving death, failure

18                              to stop; leaving scene.

19  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

20                              injury.

21  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

22                              bodily injury.

23  402.319(2)         2nd      Misrepresentation and negligence

24                              or intentional act resulting in

25                              great bodily harm, permanent

26                              disfiguration, permanent

27                              disability, or death.

28  409.920(2)         3rd      Medicaid provider fraud.

29  456.065(2)         3rd      Practicing a health care

30                              profession without a license.

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    CS for SB 1118                                 First Engrossed



 1  456.065(2)         2nd      Practicing a health care

 2                              profession without a license

 3                              which results in serious bodily

 4                              injury.

 5  458.327(1)         3rd      Practicing medicine without a

 6                              license.

 7  459.013(1)         3rd      Practicing osteopathic medicine

 8                              without a license.

 9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

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    CS for SB 1118                                 First Engrossed



 1  484.013(1)(c)      3rd      Preparing or dispensing optical

 2                              devices without a prescription.

 3  484.053            3rd      Dispensing hearing aids without a

 4                              license.

 5  494.0018(2)        1st      Conviction of any violation of

 6                              ss. 494.001-494.0077 in which the

 7                              total money and property

 8                              unlawfully obtained exceeded

 9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  782.051(3)         2nd      Attempted felony murder of a

24                              person by a person other than the

25                              perpetrator or the perpetrator of

26                              an attempted felony.

27  782.07(1)          2nd      Killing of a human being by the

28                              act, procurement, or culpable

29                              negligence of another

30                              (manslaughter).

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    CS for SB 1118                                 First Engrossed



 1  782.071            2nd      Killing of human being or viable

 2                              fetus by the operation of a motor

 3                              vehicle in a reckless manner

 4                              (vehicular homicide).

 5  782.072            2nd      Killing of a human being by the

 6                              operation of a vessel in a

 7                              reckless manner (vessel

 8                              homicide).

 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.048(7)         3rd      Aggravated stalking; violation of

19                              court order.

20  784.07(2)(d)       1st      Aggravated battery on law

21                              enforcement officer.

22  784.074(1)(a)      1st      Aggravated battery on sexually

23                              violent predators facility staff.

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.

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    CS for SB 1118                                 First Engrossed



 1  784.083(1)         1st      Aggravated battery on code

 2                              inspector.

 3  790.07(4)          1st      Specified weapons violation

 4                              subsequent to previous conviction

 5                              of s. 790.07(1) or (2).

 6  790.16(1)          1st      Discharge of a machine gun under

 7                              specified circumstances.

 8  790.165(2)         2nd      Manufacture, sell, possess, or

 9                              deliver hoax bomb.

10  790.165(3)         2nd      Possessing, displaying, or

11                              threatening to use any hoax bomb

12                              while committing or attempting to

13                              commit a felony.

14  790.166(3)         2nd      Possessing, selling, using, or

15                              attempting to use a hoax weapon

16                              of mass destruction.

17  790.166(4)         2nd      Possessing, displaying, or

18                              threatening to use a hoax weapon

19                              of mass destruction while

20                              committing or attempting to

21                              commit a felony.

22  796.03             2nd      Procuring any person under 16

23                              years for prostitution.

24  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

25                              victim less than 12 years of age;

26                              offender less than 18 years.

27  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

28                              victim 12 years of age or older

29                              but less than 16 years; offender

30                              18 years or older.

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    CS for SB 1118                                 First Engrossed



 1  806.01(2)          2nd      Maliciously damage structure by

 2                              fire or explosive.

 3  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 6                              unarmed; no assault or battery.

 7  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 8                              unarmed; no assault or battery.

 9  812.014(2)(a)      1st      Property stolen, valued at

10                              $100,000 or more; cargo stolen

11                              valued at $50,000 or more;

12                              property stolen while causing

13                              other property damage; 1st degree

14                              grand theft.

15  812.014(2)(b)3.    2nd      Property stolen, emergency

16                              medical equipment; 2nd degree

17                              grand theft.

18  812.0145(2)(a)     1st      Theft from person 65 years of age

19                              or older; $50,000 or more.

20  812.019(2)         1st      Stolen property; initiates,

21                              organizes, plans, etc., the theft

22                              of property and traffics in

23                              stolen property.

24  812.131(2)(a)      2nd      Robbery by sudden snatching.

25  812.133(2)(b)      1st      Carjacking; no firearm, deadly

26                              weapon, or other weapon.

27  817.234(8)(a)      2nd      Solicitation of motor vehicle

28                              accident victims with intent to

29                              defraud.

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    CS for SB 1118                                 First Engrossed



 1  817.234(9)         2nd      Organizing, planning, or

 2                              participating in an intentional

 3                              motor vehicle collision.

 4  817.234(11)(c)     1st      Insurance fraud; property value

 5                              $100,000 or more.

 6  817.2341(2)(b)&

 7   (3)(b)            1st      Making false entries of material

 8                              fact or false statements

 9                              regarding property values

10                              relating to the solvency of an

11                              insuring entity which are a

12                              significant cause of the

13                              insolvency of that entity.

14  825.102(3)(b)      2nd      Neglecting an elderly person or

15                              disabled adult causing great

16                              bodily harm, disability, or

17                              disfigurement.

18  825.103(2)(b)      2nd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at $20,000 or more, but

21                              less than $100,000.

22  827.03(3)(b)       2nd      Neglect of a child causing great

23                              bodily harm, disability, or

24                              disfigurement.

25  827.04(3)          3rd      Impregnation of a child under 16

26                              years of age by person 21 years

27                              of age or older.

28  837.05(2)          3rd      Giving false information about

29                              alleged capital felony to a law

30                              enforcement officer.

31  838.015            2nd      Bribery.


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    CS for SB 1118                                 First Engrossed



 1  838.016            2nd      Unlawful compensation or reward

 2                              for official behavior.

 3  838.021(3)(a)      2nd      Unlawful harm to a public

 4                              servant.

 5  838.22             2nd      Bid tampering.

 6  872.06             2nd      Abuse of a dead human body.

 7  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 8                              cocaine (or other drug prohibited

 9                              under s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), (2)(b), or

11                              (2)(c)4.) within 1,000 feet of a

12                              child care facility, school, or

13                              state, county, or municipal park

14                              or publicly owned recreational

15                              facility or community center.

16  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

17                              cocaine or other drug prohibited

18                              under s. 893.03(1)(a), (1)(b),

19                              (1)(d), (2)(a), (2)(b), or

20                              (2)(c)4., within 1,000 feet of

21                              property used for religious

22                              services or a specified business

23                              site.

24  893.13(4)(a)       1st      Deliver to minor cocaine (or

25                              other s. 893.03(1)(a), (1)(b),

26                              (1)(d), (2)(a), (2)(b), or

27                              (2)(c)4. drugs).

28  893.135(1)(a)1.    1st      Trafficking in cannabis, more

29                              than 25 lbs., less than 2,000

30                              lbs.

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    CS for SB 1118                                 First Engrossed



 1  893.135

 2   (1)(b)1.a.        1st      Trafficking in cocaine, more than

 3                              28 grams, less than 200 grams.

 4  893.135

 5   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 6                              more than 4 grams, less than 14

 7                              grams.

 8  893.135

 9   (1)(d)1.          1st      Trafficking in phencyclidine,

10                              more than 28 grams, less than 200

11                              grams.

12  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

13                              than 200 grams, less than 5

14                              kilograms.

15  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

16                              than 14 grams, less than 28

17                              grams.

18  893.135

19   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

20                              grams or more, less than 14

21                              grams.

22  893.135

23   (1)(h)1.a.        1st      Trafficking in

24                              gamma-hydroxybutyric acid (GHB),

25                              1 kilogram or more, less than 5

26                              kilograms.

27  893.135

28   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

29                              kilogram or more, less than 5

30                              kilograms.

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    CS for SB 1118                                 First Engrossed



 1  893.135

 2   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

 3                              10 grams or more, less than 200

 4                              grams.

 5  896.101(5)(a)      3rd      Money laundering, financial

 6                              transactions exceeding $300 but

 7                              less than $20,000.

 8  896.104(4)(a)1.    3rd      Structuring transactions to evade

 9                              reporting or registration

10                              requirements, financial

11                              transactions exceeding $300 but

12                              less than $20,000.

13         Section 5.  This act shall take effect on July 1, 2004,

14  and shall apply to offenses committed on or after that date.

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