Florida Senate - 2008 CS for SB 278
By the Committee on Criminal Justice; and Senator Rich
591-03343-08 2008278c1
1
A bill to be entitled
2
An act relating to the protection of lifeguards; amending
3
s. 784.07, F.S.; providing a definition; providing
4
enhanced penalties for an assault or battery on a
5
lifeguard while he or she is engaged in the lawful
6
performance of his or her duties; amending ss. 435.04,
8
amending s. 921.0022, F.S., and reenacting paragraph
9
(3)(d), relating the offense severity ranking chart, to
10
conform; providing an effective date.
11
12
Be It Enacted by the Legislature of the State of Florida:
13
14
Section 1. Paragraph (e) is added to subsection (1) of
15
section 784.07, Florida Statutes, subsection (2) of that section
16
is amended, and subsection (3) of that section is reenacted, to
17
read:
18
784.07 Assault or battery of law enforcement officers,
19
firefighters, emergency medical care providers, public transit
20
employees or agents, or other specified officers;
21
reclassification of offenses; minimum sentences.--
22
(1) As used in this section, the term:
23
(e) "Lifeguard" means a lifeguard employed along the
24
coastal or intracoastal beaches and shores of the state, or other
25
bodies of water of the state, or at swimming pools to help
26
prevent injury or drowning of persons.
27
(2) Whenever any person is charged with knowingly
28
committing an assault or battery upon a law enforcement officer,
29
a firefighter, an emergency medical care provider, a traffic
30
accident investigation officer as described in s. 316.640, a
31
nonsworn law enforcement agency employee who is certified as an
32
agency inspector, blood alcohol analyst, or a breath test
33
operator while such employee is in uniform and engaged in
34
processing, testing, evaluating, analyzing, or transporting a
35
person who is detained or under arrest for DUI, a traffic
36
infraction enforcement officer as described in s. 316.640, a
37
parking enforcement specialist as defined in s. 316.640, a person
38
licensed as a security officer as defined in s. 493.6101 and
39
wearing a uniform that bears at least one patch or emblem that is
40
visible at all times that clearly identifies the employing agency
41
and that clearly identifies the person as a licensed security
42
officer, or a security officer employed by the board of trustees
43
of a community college, or a lifeguard while the officer,
44
firefighter, emergency medical care provider, intake officer,
45
traffic accident investigation officer, traffic infraction
46
enforcement officer, inspector, analyst, operator, parking
47
enforcement specialist, public transit employee or agent, or
48
security officer, or lifeguard is engaged in the lawful
49
performance of his or her duties, the offense for which the
50
person is charged shall be reclassified as follows:
51
(a) In the case of assault, from a misdemeanor of the
52
second degree to a misdemeanor of the first degree.
53
(b) In the case of battery, from a misdemeanor of the first
54
degree to a felony of the third degree.
55
(c) In the case of aggravated assault, from a felony of the
56
third degree to a felony of the second degree. Notwithstanding
57
any other provision of law, any person convicted of aggravated
58
assault upon a law enforcement officer shall be sentenced to a
59
minimum term of imprisonment of 3 years.
60
(d) In the case of aggravated battery, from a felony of the
61
second degree to a felony of the first degree. Notwithstanding
62
any other provision of law, any person convicted of aggravated
63
battery of a law enforcement officer shall be sentenced to a
64
minimum term of imprisonment of 5 years.
65
(3) Any person who is convicted of a battery under
66
paragraph (2)(b) and, during the commission of the offense, such
67
person possessed:
68
(a) A "firearm" or "destructive device" as those terms are
69
defined in s. 790.001, shall be sentenced to a minimum term of
70
imprisonment of 3 years.
71
(b) A semiautomatic firearm and its high-capacity
72
detachable box magazine, as defined in s. 775.087(3), or a
73
machine gun as defined in s. 790.001, shall be sentenced to a
74
minimum term of imprisonment of 8 years.
75
76
Notwithstanding s. 948.01, adjudication of guilt or imposition of
77
sentence shall not be suspended, deferred, or withheld, and the
78
defendant is not eligible for statutory gain-time under s.
79
944.275 or any form of discretionary early release, other than
80
pardon or executive clemency, or conditional medical release
81
under s. 947.149, prior to serving the minimum sentence.
82
Section 2. Paragraph (a) of subsection (3) of section
83
435.04, Florida Statutes, is amended to read:
84
435.04 Level 2 screening standards.--
85
(3) The security background investigations conducted under
86
this section for employees of the Department of Juvenile Justice
87
must ensure that no persons subject to the provisions of this
88
section have been found guilty of, regardless of adjudication, or
89
entered a plea of nolo contendere or guilty to, any offense
90
prohibited under any of the following provisions of the Florida
91
Statutes or under any similar statute of another jurisdiction:
92
(a) Section 784.07, relating to assault or battery of law
93
enforcement officers, firefighters, emergency medical care
94
providers, public transit employees or agents, or other specified
95
persons officers.
96
97
The Department of Juvenile Justice may not remove a
98
disqualification from employment or grant an exemption to any
99
person who is disqualified under this section for any offense
100
disposed of during the most recent 7-year period.
101
Section 3. Subsection (15) of section 901.15, Florida
102
Statutes, is amended to read:
103
901.15 When arrest by officer without warrant is lawful.--A
104
law enforcement officer may arrest a person without a warrant
105
when:
106
(15) There is probable cause to believe that the person has
107
committed assault upon a law enforcement officer, a firefighter,
108
an emergency medical care provider, public transit employee
109
employees or agent agents, or other specified person officers as
110
set forth in s. 784.07 or has committed assault or battery upon
111
any employee of a receiving facility as defined in s. 394.455 who
112
is engaged in the lawful performance of his or her duties.
113
Section 4. For the purpose of incorporating the amendment
114
made by this act to section 784.07, Florida Statutes, in a
115
reference thereto, paragraphs (d) of subsection (3) of section
116
921.0022, Florida Statutes, is reenacted, and paragraphs (f) and
117
(g) of that subsection are amended to read:
118
921.0022 Criminal Punishment Code; offense severity ranking
119
chart.--
120
(3) OFFENSE SEVERITY RANKING CHART
121
(d) LEVEL 4
122
| FloridaStatute | FelonyDegree | Description |
123
| 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
124
| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
125
| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
126
| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
127
| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
128
| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
129
| 784.075 | 3rd | Battery on detention or commitment facility staff. |
130
| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
131
| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
132
| 784.081(3) | 3rd | Battery on specified official or employee. |
133
| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
134
| 784.083(3) | 3rd | Battery on code inspector. |
135
| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
136
| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
137
| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
138
| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
139
| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
140
| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
141
| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
142
| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
143
| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
144
| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
145
| 810.06 | 3rd | Burglary; possession of tools. |
146
| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
147
| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
148
| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
149
| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
150
| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
151
| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
152
| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
153
| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
154
| 837.02(1) | 3rd | Perjury in official proceedings. |
155
| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
156
| 838.022 | 3rd | Official misconduct. |
157
| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
158
| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
159
| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
160
| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
161
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
162
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
163
| 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
164
| 914.14(2) | 3rd | Witnesses accepting bribes. |
165
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
166
| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
167
| 918.12 | 3rd | Tampering with jurors. |
168
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
169
170
| FloridaStatute | FelonyDegree | Description |
171
| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
172
| 499.0051(3) | 2nd | Forgery of pedigree papers. |
173
| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
174
| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
175
| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
176
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
177
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
178
| 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
179
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
180
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
181
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer, firefighter, intake officer, etc. |
182
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
183
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
184
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
185
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
186
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
187
188
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
189
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
190
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
191
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
192
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
193
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
194
| 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. |
195
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
196
| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
197
| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
198
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
199
| 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
200
| 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
201
| 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
202
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
203
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
204
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
205
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
206
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
207
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
208
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
209
| 827.03(1) | 3rd | Abuse of a child. |
210
| 827.03(3)(c) | 3rd | Neglect of a child. |
211
| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
212
| 836.05 | 2nd | Threats; extortion. |
213
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
214
| 843.12 | 3rd | Aids or assists person to escape. |
215
| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
216
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
217
| 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. |
218
| 944.40 | 2nd | Escapes. |
219
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
220
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
221
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
222
223
(g) LEVEL 7
224
| FloridaStatute | FelonyDegree | Description |
225
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
226
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
227
| 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. |
228
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
229
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
230
| 409.920(2) | 3rd | Medicaid provider fraud. |
231
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
232
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
233
| 458.327(1) | 3rd | Practicing medicine without a license. |
234
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
235
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
236
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
237
| 462.17 | 3rd | Practicing naturopathy without a license. |
238
| 463.015(1) | 3rd | Practicing optometry without a license. |
239
| 464.016(1) | 3rd | Practicing nursing without a license. |
240
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
241
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
242
| 467.201 | 3rd | Practicing midwifery without a license. |
243
| 468.366 | 3rd | Delivering respiratory care services without a license. |
244
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
245
| 483.901(9) | 3rd | Practicing medical physics without a license. |
246
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
247
| 484.053 | 3rd | Dispensing hearing aids without a license. |
248
| 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. |
249
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
250
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
251
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
252
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
253
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
254
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
255
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
256
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
257
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
258
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
259
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
260
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
261
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
262
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
263
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
264
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer, firefighter, intake officer, etc. |
265
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
266
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
267
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
268
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
269
| 784.083(1) | 1st | Aggravated battery on code inspector. |
270
271
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
272
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
273
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
274
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
275
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
276
| 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
277
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
278
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
279
| 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. |
280
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
281
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
282
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
283
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
284
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
285
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
286
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
287
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
288
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
289
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
290
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
291
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
292
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
293
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
294
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
295
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
296
| 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. |
297
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
298
| 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. |
299
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
300
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
301
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
302
| 838.015 | 2nd | Bribery. |
303
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
304
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
305
| 838.22 | 2nd | Bid tampering. |
306
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
307
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
308
| 872.06 | 2nd | Abuse of a dead human body. |
309
| 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. |
310
| 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. |
311
| 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). |
312
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
313
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
314
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
315
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
316
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
317
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
318
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
319
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
320
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
321
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
322
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
323
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
324
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
325
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
326
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
327
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
328
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
329
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
330
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
331
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
332
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
333
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
334
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
335
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
336
337
943.051, Florida Statutes, is amended to read:
338
943.051 Criminal justice information; collection and
339
storage; fingerprinting.--
340
(3)
341
(b) A minor who is charged with or found to have committed
342
the following offenses shall be fingerprinted and the
343
fingerprints shall be submitted to the department:
344
1. Assault, as defined in s. 784.011.
345
2. Battery, as defined in s. 784.03.
346
3. Carrying a concealed weapon, as defined in s. 790.01(1).
347
4. Unlawful use of destructive devices or bombs, as defined
348
in s. 790.1615(1).
349
5. Negligent treatment of children, as defined in s.
350
827.05.
351
6. Assault or battery on a law enforcement officer, a
352
firefighter, or other specified person officers, as defined in s.
353
784.07(2)(a) and (b).
354
7. Open carrying of a weapon, as defined in s. 790.053.
355
8. Exposure of sexual organs, as defined in s. 800.03.
356
9. Unlawful possession of a firearm, as defined in s.
357
790.22(5).
358
10. Petit theft, as defined in s. 812.014(3).
359
11. Cruelty to animals, as defined in s. 828.12(1).
360
12. Arson, as defined in s. 806.031(1).
361
13. Unlawful possession or discharge of a weapon or firearm
362
at a school-sponsored event or on school property as defined in
363
s. 790.115.
364
Section 6. Paragraph (b) of subsection (1) of section
365
985.11, Florida Statutes, is amended to read:
366
985.11 Fingerprinting and photographing.--
367
(1)
368
(b) A child who is charged with or found to have committed
369
one of the following offenses shall be fingerprinted, and the
370
fingerprints shall be submitted to the Department of Law
371
Enforcement as provided in s. 943.051(3)(b):
372
1. Assault, as defined in s. 784.011.
373
2. Battery, as defined in s. 784.03.
374
3. Carrying a concealed weapon, as defined in s. 790.01(1).
375
4. Unlawful use of destructive devices or bombs, as defined
376
in s. 790.1615(1).
377
5. Negligent treatment of children, as defined in former s.
378
827.05.
379
6. Assault on a law enforcement officer, a firefighter, or
380
other specified person officers, as defined in s. 784.07(2)(a).
381
7. Open carrying of a weapon, as defined in s. 790.053.
382
8. Exposure of sexual organs, as defined in s. 800.03.
383
9. Unlawful possession of a firearm, as defined in s.
384
790.22(5).
385
10. Petit theft, as defined in s. 812.014.
386
11. Cruelty to animals, as defined in s. 828.12(1).
387
12. Arson, resulting in bodily harm to a firefighter, as
388
defined in s. 806.031(1).
389
13. Unlawful possession or discharge of a weapon or firearm
390
at a school-sponsored event or on school property as defined in
391
s. 790.115.
392
393
A law enforcement agency may fingerprint and photograph a child
394
taken into custody upon probable cause that such child has
395
committed any other violation of law, as the agency deems
396
appropriate. Such fingerprint records and photographs shall be
397
retained by the law enforcement agency in a separate file, and
398
these records and all copies thereof must be marked "Juvenile
399
Confidential." These records are not available for public
400
disclosure and inspection under s. 119.07(1) except as provided
402
enforcement agencies, criminal justice agencies, state attorneys,
403
the courts, the child, the parents or legal custodians of the
404
child, their attorneys, and any other person authorized by the
405
court to have access to such records. In addition, such records
406
may be submitted to the Department of Law Enforcement for
407
inclusion in the state criminal history records and used by
408
criminal justice agencies for criminal justice purposes. These
409
records may, in the discretion of the court, be open to
410
inspection by anyone upon a showing of cause. The fingerprint and
411
photograph records shall be produced in the court whenever
412
directed by the court. Any photograph taken pursuant to this
413
section may be shown by a law enforcement officer to any victim
414
or witness of a crime for the purpose of identifying the person
415
who committed such crime.
416
Section 7. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.