HB 411

1	A bill to be entitled
2	An act relating to the Criminal Punishment Code; amending
3	s. 921.0022, F.S.; including offenses involving the
4	possession of photographic material containing sexual
5	conduct by a minor, the transmission of pornography by
6	electronic device, and the transmission to a minor of
7	material harmful to minors by electronic device within the
8	offense severity ranking chart of the Criminal Punishment
9	Code; reclassifying within the offense severity ranking
10	chart the offense of soliciting a child by a computer
11	service to commit an unlawful sexual act, which is a
12	felony of the third degree, to increase the penalty
13	imposed for that offense; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Paragraphs (e), (f), and (g) of subsection (3)
18	of section 921.0022, Florida Statutes, are amended to read:
19	921.0022  Criminal Punishment Code; offense severity
20	ranking chart.--
21	(3)  OFFENSE SEVERITY RANKING CHART
22
	FloridaStatute FelonyDegree Description
23
24
	(e)  LEVEL 5
25
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
26
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
27
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
28
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
29
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
30
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
31
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
32
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
33
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
34
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
35
	790.01(2) 3rd Carrying a concealed firearm.
36
	790.162 2nd Threat to throw or discharge destructive device.
37
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
38
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
39
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
40
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
41
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
42
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
43
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
44
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
45
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
46
	812.131(2)(b) 3rd Robbery by sudden snatching.
47
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
48
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
49
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
50
	817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
51
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
52
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
53
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
54
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
55
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
56
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
57
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
58
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
59
	847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
60
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
61
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
62
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
63
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
64
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
65
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
66
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
67
	(f)  LEVEL 6
68
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
69
	499.0051(3) 2nd Forgery of pedigree papers.
70
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
71
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
72
	775.0875(1) 3rd Taking firearm from law enforcement officer.
73
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
74
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
75
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
76
	784.041 3rd Felony battery.
77
	784.048(3) 3rd Aggravated stalking; credible threat.
78
	784.048(5) 3rd Aggravated stalking of person under 16.
79
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
80
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
81
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
82
	784.081(2) 2nd Aggravated assault on specified official or employee.
83
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
84
	784.083(2) 2nd Aggravated assault on code inspector.
85
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
86
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
87
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
88
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
89
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
90
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
91
	794.05(1) 2nd Unlawful sexual activity with specified minor.
92
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
93
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
94
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
95
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
96
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
97
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
98
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
99
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
100
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
101
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
102
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
103
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
104
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
105
	827.03(1) 3rd Abuse of a child.
106
	827.03(3)(c) 3rd Neglect of a child.
107
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
108
	836.05 2nd Threats; extortion.
109
	836.10 2nd Written threats to kill or do bodily injury.
110
	843.12 3rd Aids or assists person to escape.
111
	847.0135(2)(3) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. Solicitation of a child, via a computer service, to commit an unlawful sex act.
112
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
113
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
114
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
115
	944.40 2nd Escapes.
116
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
117
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
118
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
119
	(g)  LEVEL 7
120
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
121
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
122
	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.
123
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
124
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
125
	409.920(2) 3rd Medicaid provider fraud.
126
	456.065(2) 3rd Practicing a health care profession without a license.
127
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
128
	458.327(1) 3rd Practicing medicine without a license.
129
	459.013(1) 3rd Practicing osteopathic medicine without a license.
130
	460.411(1) 3rd Practicing chiropractic medicine without a license.
131
	461.012(1) 3rd Practicing podiatric medicine without a license.
132
	462.17 3rd Practicing naturopathy without a license.
133
	463.015(1) 3rd Practicing optometry without a license.
134
	464.016(1) 3rd Practicing nursing without a license.
135
	465.015(2) 3rd Practicing pharmacy without a license.
136
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
137
	467.201 3rd Practicing midwifery without a license.
138
	468.366 3rd Delivering respiratory care services without a license.
139
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
140
	483.901(9) 3rd Practicing medical physics without a license.
141
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
142
	484.053 3rd Dispensing hearing aids without a license.
143
	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.
144
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
145
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
146
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
147
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
148
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
149
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
150
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
151
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
152
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
153
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
154
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
155
	784.048(7) 3rd Aggravated stalking; violation of court order.
156
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
157
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
158
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
159
	784.081(1) 1st Aggravated battery on specified official or employee.
160
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
161
	784.083(1) 1st Aggravated battery on code inspector.
162
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
163
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
164
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
165
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
166
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
167
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
168
	796.03 2nd Procuring any person under 16 years for prostitution.
169
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
170
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
171
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
172
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
173
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
174
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
175
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
176
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
177
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
178
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
179
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
180
	812.131(2)(a) 2nd Robbery by sudden snatching.
181
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
182
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
183
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
184
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
185
	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.
186
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
187
	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.
188
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
189
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
190
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
191
	838.015 2nd Bribery.
192
	838.016 2nd Unlawful compensation or reward for official behavior.
193
	838.021(3)(a) 2nd Unlawful harm to a public servant.
194
	838.22 2nd Bid tampering.
195
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
196
	872.06 2nd Abuse of a dead human body.
197
	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.
198
	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.
199
	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).
200
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
201
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
202
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
203
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
204
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
205
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
206
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
207
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
208
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
209
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
210
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
211
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
212
213	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.