Senate Bill sb2266c2
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Florida Senate - 2006 CS for CS for SB 2266
By the Committees on Criminal Justice; Children and Families;
and Senators Rich and Lynn
591-2320-06
1 A bill to be entitled
2 An act relating to inappropriate or excessively
3 harsh corporal discipline; amending s. 39.301,
4 F.S.; including allegations of criminal conduct
5 concerning s. 827.032, F.S., in the allegations
6 of child abuse which the Department of Children
7 and Family Services must refer to certain law
8 enforcement agencies; creating s. 827.032,
9 F.S.; defining the term "inappropriate or
10 excessively harsh corporal discipline";
11 prohibiting parents, legal custodians, and
12 caregivers from inflicting inappropriate or
13 excessively harsh corporal discipline;
14 providing penalties; providing applicability;
15 amending s. 921.0022, F.S.; providing ranking
16 on the offense severity ranking chart;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (b) of subsection (2) of section
22 39.301, Florida Statutes, is amended to read:
23 39.301 Initiation of protective investigations.--
24 (2)
25 (b) As used in this subsection, the term "criminal
26 conduct" means:
27 1. A child is known or suspected to be the victim of
28 child abuse, as defined in s. 827.03, or of neglect of a
29 child, as defined in s. 827.03, or of inappropriate or
30 excessively harsh corporal discipline, as defined in s.
31 827.032.
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Florida Senate - 2006 CS for CS for SB 2266
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1 2. A child is known or suspected to have died as a
2 result of abuse or neglect.
3 3. A child is known or suspected to be the victim of
4 aggravated child abuse, as defined in s. 827.03.
5 4. A child is known or suspected to be the victim of
6 sexual battery, as defined in s. 827.071, or of sexual abuse,
7 as defined in s. 39.01.
8 5. A child is known or suspected to be the victim of
9 institutional child abuse or neglect, as defined in s. 39.01,
10 and as provided for in s. 39.302(1).
11 Section 2. Section 827.032, Florida Statutes, is
12 created to read:
13 827.032 Inappropriate or excessively harsh corporal
14 discipline; penalties.--
15 (1) As used in this section, the term "inappropriate
16 or excessively harsh corporal discipline" means:
17 (a) An act of discipline that results or could
18 reasonably be expected to result in any of the following or
19 other, similar injuries:
20 1. Sprains, dislocations, or cartilage damage.
21 2. Bone or skull fracture.
22 3. Brain or spinal cord damage.
23 4. Intracranial hemorrhage or injury to other internal
24 organs.
25 5. Asphyxiation, suffocation, or drowning.
26 6. Injury resulting from the use of a deadly weapon.
27 7. Burns or scalding.
28 8. Cuts, lacerations, punctures, or bites.
29 9. Disfigurement.
30 10. Loss or impairment of a body part or function.
31 11. Significant bruises or welts.
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Florida Senate - 2006 CS for CS for SB 2266
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1 12. Mental injury, as defined in s. 39.01.
2 (2) A parent, legal custodian, or caregiver who
3 knowingly or willfully inflicts inappropriate or excessively
4 harsh corporal discipline upon a child commits a felony of the
5 third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084.
7 (3) This section does not preclude prosecution under
8 s. 827.03 when a violation of s. 827.03 is charged in lieu of
9 a violation of this section.
10 Section 3. Paragraph (f) of subsection (3) of section
11 921.0022, Florida Statutes, is amended to read:
12 921.0022 Criminal Punishment Code; offense severity
13 ranking chart.--
14 (3) OFFENSE SEVERITY RANKING CHART
15
16 Florida Felony
17 Statute Degree Description
18
19
20 (f) LEVEL 6
21 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
22 conviction.
23 499.0051(3) 2nd Forgery of pedigree papers.
24 499.0051(4) 2nd Purchase or receipt of legend
25 drug from unauthorized person.
26 499.0051(5) 2nd Sale of legend drug to
27 unauthorized person.
28 775.0875(1) 3rd Taking firearm from law
29 enforcement officer.
30 784.021(1)(a) 3rd Aggravated assault; deadly weapon
31 without intent to kill.
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Florida Senate - 2006 CS for CS for SB 2266
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1 784.021(1)(b) 3rd Aggravated assault; intent to
2 commit felony.
3 784.041 3rd Felony battery.
4 784.048(3) 3rd Aggravated stalking; credible
5 threat.
6 784.048(5) 3rd Aggravated stalking of person
7 under 16.
8 784.07(2)(c) 2nd Aggravated assault on law
9 enforcement officer.
10 784.074(1)(b) 2nd Aggravated assault on sexually
11 violent predators facility staff.
12 784.08(2)(b) 2nd Aggravated assault on a person 65
13 years of age or older.
14 784.081(2) 2nd Aggravated assault on specified
15 official or employee.
16 784.082(2) 2nd Aggravated assault by detained
17 person on visitor or other
18 detainee.
19 784.083(2) 2nd Aggravated assault on code
20 inspector.
21 787.02(2) 3rd False imprisonment; restraining
22 with purpose other than those in
23 s. 787.01.
24 790.115(2)(d) 2nd Discharging firearm or weapon on
25 school property.
26 790.161(2) 2nd Make, possess, or throw
27 destructive device with intent to
28 do bodily harm or damage
29 property.
30
31
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1 790.164(1) 2nd False report of deadly explosive,
2 weapon of mass destruction, or
3 act of arson or violence to state
4 property.
5 790.19 2nd Shooting or throwing deadly
6 missiles into dwellings, vessels,
7 or vehicles.
8 794.011(8)(a) 3rd Solicitation of minor to
9 participate in sexual activity by
10 custodial adult.
11 794.05(1) 2nd Unlawful sexual activity with
12 specified minor.
13 800.04(5)(d) 3rd Lewd or lascivious molestation;
14 victim 12 years of age or older
15 but less than 16 years; offender
16 less than 18 years.
17 800.04(6)(b) 2nd Lewd or lascivious conduct;
18 offender 18 years of age or
19 older.
20 806.031(2) 2nd Arson resulting in great bodily
21 harm to firefighter or any other
22 person.
23 810.02(3)(c) 2nd Burglary of occupied structure;
24 unarmed; no assault or battery.
25 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
26 but less than $100,000, grand
27 theft in 2nd degree.
28 812.015(9) 2nd Retail theft; property stolen
29 $300 or more; second or
30 subsequent conviction.
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Florida Senate - 2006 CS for CS for SB 2266
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1 812.13(2)(c) 2nd Robbery, no firearm or other
2 weapon (strong-arm robbery).
3 817.034(4)(a)1. 1st Communications fraud, value
4 greater than $50,000.
5 817.4821(5) 2nd Possess cloning paraphernalia
6 with intent to create cloned
7 cellular telephones.
8 825.102(1) 3rd Abuse of an elderly person or
9 disabled adult.
10 825.102(3)(c) 3rd Neglect of an elderly person or
11 disabled adult.
12 825.1025(3) 3rd Lewd or lascivious molestation of
13 an elderly person or disabled
14 adult.
15 825.103(2)(c) 3rd Exploiting an elderly person or
16 disabled adult and property is
17 valued at less than $20,000.
18 827.03(1) 3rd Abuse of a child.
19 827.032 3rd Inappropriate or excessively
20 harsh corporal discipline by a
21 parent, legal custodian or
22 caregiver upon a child.
23 827.03(3)(c) 3rd Neglect of a child.
24 827.071(2)&(3) 2nd Use or induce a child in a sexual
25 performance, or promote or direct
26 such performance.
27 836.05 2nd Threats; extortion.
28 836.10 2nd Written threats to kill or do
29 bodily injury.
30 843.12 3rd Aids or assists person to escape.
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Florida Senate - 2006 CS for CS for SB 2266
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1 847.0135(2) 3rd Facilitates sexual conduct of or
2 with a minor or the visual
3 depiction of such conduct.
4 914.23 2nd Retaliation against a witness,
5 victim, or informant, with bodily
6 injury.
7 944.35(3)(a)2. 3rd Committing malicious battery upon
8 or inflicting cruel or inhuman
9 treatment on an inmate or
10 offender on community
11 supervision, resulting in great
12 bodily harm.
13 944.40 2nd Escapes.
14 944.46 3rd Harboring, concealing, aiding
15 escaped prisoners.
16 944.47(1)(a)5. 2nd Introduction of contraband
17 (firearm, weapon, or explosive)
18 into correctional facility.
19 951.22(1) 3rd Intoxicating drug, firearm, or
20 weapon introduced into county
21 facility.
22 Section 4. This act shall take effect October 1, 2006.
23
24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 CS/SB 2266
26
27 Amends the definition of "criminal conduct" in s. 39.301, F.S.
(Initiation of protective investigations) to include the
28 offense of "inappropriate or excessively harsh corporal
discipline" in that definition.
29
30
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