Florida Senate - 2010                                    SB 2526
       
       
       
       By Senator Deutch
       
       
       
       
       30-00549A-10                                          20102526__
    1                        A bill to be entitled                      
    2         An act relating to criminal conduct; amending s.
    3         827.03, F.S.; defining the term “mental injury”;
    4         exempting constitutionally protected acts from
    5         prohibitions on child abuse, aggravated child abuse,
    6         and neglect; amending ss. 775.084, 775.0877, 782.07,
    7         921.0022, and 948.062, F.S.; conforming cross
    8         references; amending s. 960.03, F.S.; redefining the
    9         term “crime” for purposes of crime victim compensation
   10         to include additional forms of injury; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 827.03, Florida Statutes, is amended to
   16  read:
   17         827.03 Abuse, aggravated abuse, and neglect of a child;
   18  penalties.—
   19         (1) DEFINITIONS.—For purposes of this section:
   20         (a) “Aggravated child abuse” occurs when a person:
   21         1. Commits aggravated battery on a child;
   22         2. Willfully tortures, maliciously punishes, or willfully
   23  and unlawfully cages a child; or
   24         3. Knowingly or willfully abuses a child and in so doing
   25  causes great bodily harm, permanent disability, or permanent
   26  disfigurement to the child.
   27         (b) “Child abuse” means:
   28         1.(a) Intentional infliction of physical or mental injury
   29  upon a child;
   30         2.(b) An intentional act that could reasonably be expected
   31  to result in physical or mental injury to a child; or
   32         3.(c) Active encouragement of any person to commit an act
   33  that results or could reasonably be expected to result in
   34  physical or mental injury to a child.
   35  
   36  A person who knowingly or willfully abuses a child without
   37  causing great bodily harm, permanent disability, or permanent
   38  disfigurement to the child commits a felony of the third degree,
   39  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   40         (2) “Aggravated child abuse” occurs when a person:
   41         (a) Commits aggravated battery on a child;
   42         (b) Willfully tortures, maliciously punishes, or willfully
   43  and unlawfully cages a child; or
   44         (c) Knowingly or willfully abuses a child and in so doing
   45  causes great bodily harm, permanent disability, or permanent
   46  disfigurement to the child.
   47  
   48  A person who commits aggravated child abuse commits a felony of
   49  the first degree, punishable as provided in s. 775.082, s.
   50  775.083, or s. 775.084.
   51         (c) “Maliciously” means wrongfully, intentionally, and
   52  without legal justification or excuse. Maliciousness may be
   53  established by circumstances from which one could conclude that
   54  a reasonable parent would not have engaged in the damaging acts
   55  toward the child for any valid reason and that the primary
   56  purpose of the acts was to cause the victim unjustifiable pain
   57  or injury.
   58         (d) “Mental injury” has the same meaning as provided in s.
   59  39.01.
   60         (e)(3)(a) “Neglect of a child” means:
   61         1. A caregiver’s failure or omission to provide a child
   62  with the care, supervision, and services necessary to maintain
   63  the child’s physical and mental health, including, but not
   64  limited to, food, nutrition, clothing, shelter, supervision,
   65  medicine, and medical services that a prudent person would
   66  consider essential for the well-being of the child; or
   67         2. A caregiver’s failure to make a reasonable effort to
   68  protect a child from abuse, neglect, or exploitation by another
   69  person.
   70  
   71  Neglect of a child may be based on repeated conduct or on a
   72  single incident or omission that results in, or could reasonably
   73  be expected to result in, serious physical or mental injury, or
   74  a substantial risk of death, to a child.
   75         (2) OFFENSES.—
   76         (a) A person who commits aggravated child abuse commits a
   77  felony of the first degree, punishable as provided in s.
   78  775.082, s. 775.083, or s. 775.084.
   79         (b) A person who willfully or by culpable negligence
   80  neglects a child and in so doing causes great bodily harm,
   81  permanent disability, or permanent disfigurement to the child
   82  commits a felony of the second degree, punishable as provided in
   83  s. 775.082, s. 775.083, or s. 775.084.
   84         (c) A person who knowingly or willfully abuses a child
   85  without causing great bodily harm, permanent disability, or
   86  permanent disfigurement to the child commits a felony of the
   87  third degree, punishable as provided in s. 775.082, s. 775.083,
   88  or s. 775.084.
   89         (d)(c) A person who willfully or by culpable negligence
   90  neglects a child without causing great bodily harm, permanent
   91  disability, or permanent disfigurement to the child commits a
   92  felony of the third degree, punishable as provided in s.
   93  775.082, s. 775.083, or s. 775.084.
   94         (3) EXCEPTION.—An act does not violate this section if it
   95  is protected by the First Amendment to the United States
   96  Constitution or s. 4, Art. I of the State Constitution.
   97         (4) For purposes of this section, “maliciously” means
   98  wrongfully, intentionally, and without legal justification or
   99  excuse. Maliciousness may be established by circumstances from
  100  which one could conclude that a reasonable parent would not have
  101  engaged in the damaging acts toward the child for any valid
  102  reason and that the primary purpose of the acts was to cause the
  103  victim unjustifiable pain or injury.
  104         Section 2. Paragraph (d) of subsection (1) of section
  105  775.084, Florida Statutes, is amended to read:
  106         775.084 Violent career criminals; habitual felony offenders
  107  and habitual violent felony offenders; three-time violent felony
  108  offenders; definitions; procedure; enhanced penalties or
  109  mandatory minimum prison terms.—
  110         (1) As used in this act:
  111         (d) “Violent career criminal” means a defendant for whom
  112  the court must impose imprisonment pursuant to paragraph (4)(d),
  113  if it finds that:
  114         1. The defendant has previously been convicted as an adult
  115  three or more times for an offense in this state or other
  116  qualified offense that is:
  117         a. Any forcible felony, as described in s. 776.08;
  118         b. Aggravated stalking, as described in s. 784.048(3) and
  119  (4);
  120         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  121         d. Aggravated abuse of an elderly person or disabled adult,
  122  as described in s. 825.102(2);
  123         e. Lewd or lascivious battery, lewd or lascivious
  124  molestation, lewd or lascivious conduct, or lewd or lascivious
  125  exhibition, as described in s. 800.04 or s. 847.0135(5);
  126         f. Escape, as described in s. 944.40; or
  127         g. A felony violation of chapter 790 involving the use or
  128  possession of a firearm.
  129         2. The defendant has been incarcerated in a state prison or
  130  a federal prison.
  131         3. The primary felony offense for which the defendant is to
  132  be sentenced is a felony enumerated in subparagraph 1. and was
  133  committed on or after October 1, 1995, and:
  134         a. While the defendant was serving a prison sentence or
  135  other sentence, or court-ordered or lawfully imposed supervision
  136  that is imposed as a result of a prior conviction for an
  137  enumerated felony; or
  138         b. Within 5 years after the conviction of the last prior
  139  enumerated felony, or within 5 years after the defendant’s
  140  release from a prison sentence, probation, community control,
  141  control release, conditional release, parole, or court-ordered
  142  or lawfully imposed supervision or other sentence that is
  143  imposed as a result of a prior conviction for an enumerated
  144  felony, whichever is later.
  145         4. The defendant has not received a pardon for any felony
  146  or other qualified offense that is necessary for the operation
  147  of this paragraph.
  148         5. A conviction of a felony or other qualified offense
  149  necessary to the operation of this paragraph has not been set
  150  aside in any postconviction proceeding.
  151         Section 3. Subsection (1) of section 775.0877, Florida
  152  Statutes, is amended to read:
  153         775.0877 Criminal transmission of HIV; procedures;
  154  penalties.—
  155         (1) In any case in which a person has been convicted of or
  156  has pled nolo contendere or guilty to, regardless of whether
  157  adjudication is withheld, any of the following offenses, or the
  158  attempt thereof, which offense or attempted offense involves the
  159  transmission of body fluids from one person to another:
  160         (a) Section 794.011, relating to sexual battery;,
  161         (b) Section 826.04, relating to incest;,
  162         (c) Section 800.04(1), (2), and (3), relating to lewd,
  163  lascivious, or indecent assault or act upon any person less than
  164  16 years of age;,
  165         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  166  relating to assault;,
  167         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  168  relating to aggravated assault;,
  169         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  170  relating to battery;,
  171         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  172  relating to aggravated battery;,
  173         (h) Section 827.03(2)(c)(1), relating to child abuse;,
  174         (i) Section 827.03(2)(a), relating to aggravated child
  175  abuse;,
  176         (j) Section 825.102(1), relating to abuse of an elderly
  177  person or disabled adult;,
  178         (k) Section 825.102(2), relating to aggravated abuse of an
  179  elderly person or disabled adult;,
  180         (l) Section 827.071, relating to sexual performance by
  181  person less than 18 years of age;,
  182         (m) Sections 796.03, 796.07, and 796.08, relating to
  183  prostitution;, or
  184         (n) Section 381.0041(11)(b), relating to donation of blood,
  185  plasma, organs, skin, or other human tissue,
  186  
  187  the court shall order the offender to undergo HIV testing, to be
  188  performed under the direction of the Department of Health in
  189  accordance with s. 381.004, unless the offender has undergone
  190  HIV testing voluntarily or pursuant to procedures established in
  191  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  192  rule providing for HIV testing of criminal offenders or inmates,
  193  subsequent to her or his arrest for an offense enumerated in
  194  paragraphs (a)-(n) for which she or he was convicted or to which
  195  she or he pled nolo contendere or guilty. The results of an HIV
  196  test performed on an offender pursuant to this subsection are
  197  not admissible in any criminal proceeding arising out of the
  198  alleged offense.
  199         Section 4. Subsection (3) of section 782.07, Florida
  200  Statutes, is amended to read:
  201         782.07 Manslaughter; aggravated manslaughter of an elderly
  202  person or disabled adult; aggravated manslaughter of a child;
  203  aggravated manslaughter of an officer, a firefighter, an
  204  emergency medical technician, or a paramedic.—
  205         (3) A person who causes the death of any person under the
  206  age of 18 by culpable negligence under s. 827.03(2)(b)(3)
  207  commits aggravated manslaughter of a child, a felony of the
  208  first degree, punishable as provided in s. 775.082, s. 775.083,
  209  or s. 775.084.
  210         Section 5. Paragraphs (f), (g), and (i) of subsection (3)
  211  of section 921.0022, Florida Statutes, are amended to read:
  212         921.0022 Criminal Punishment Code; offense severity ranking
  213  chart.—
  214         (3) OFFENSE SEVERITY RANKING CHART
  215         (f) LEVEL 6
  216  FloridaStatute   FelonyDegree                Description                 
  217  316.193(2)(b)    3rd     Felony DUI, 4th or subsequent conviction.   
  218  499.0051(3)      2nd     Knowing forgery of pedigree papers.         
  219  499.0051(4)      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  220  499.0051(5)      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  221  775.0875(1)      3rd     Taking firearm from law enforcement officer.
  222  784.021(1)(a)    3rd     Aggravated assault; deadly weapon without intent to kill.
  223  784.021(1)(b)    3rd     Aggravated assault; intent to commit felony.
  224  784.041          3rd     Felony battery; domestic battery by strangulation.
  225  784.048(3)       3rd     Aggravated stalking; credible threat.       
  226  784.048(5)       3rd     Aggravated stalking of person under 16.     
  227  784.07(2)(c)     2nd     Aggravated assault on law enforcement officer.
  228  784.074(1)(b)    2nd     Aggravated assault on sexually violent predators facility staff.
  229  784.08(2)(b)     2nd     Aggravated assault on a person 65 years of age or older.
  230  784.081(2)       2nd     Aggravated assault on specified official or employee.
  231  784.082(2)       2nd     Aggravated assault by detained person on visitor or other detainee.
  232  784.083(2)       2nd     Aggravated assault on code inspector.       
  233  787.02(2)        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  234  790.115(2)(d)    2nd     Discharging firearm or weapon on school property.
  235  790.161(2)       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  236  790.164(1)       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  237  790.19           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  238  794.011(8)(a)    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  239  794.05(1)        2nd     Unlawful sexual activity with specified minor.
  240  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.
  241  800.04(6)(b)     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  242  806.031(2)       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  243  810.02(3)(c)     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  244  812.014(2)(b)1.  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  245  812.014(6)       2nd     Theft; property stolen $3,000 or more; coordination of others.
  246  812.015(9)(a)    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  247  812.015(9)(b)    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  248  812.13(2)(c)     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  249  817.034(4)(a)1.  1st     Communications fraud, value greater than $50,000.
  250  817.4821(5)      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  251  825.102(1)       3rd     Abuse of an elderly person or disabled adult.
  252  825.102(3)(c)    3rd     Neglect of an elderly person or disabled adult.
  253  825.1025(3)      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  254  825.103(2)(c)    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  255  827.03(2)(c) (1) 3rd     Abuse of a child.                           
  256  827.03(2)(d) (3)(c)3rd     Neglect of a child.                         
  257  827.071(2) & (3) 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  258  836.05           2nd     Threats; extortion.                         
  259  836.10           2nd     Written threats to kill or do bodily injury.
  260  843.12           3rd     Aids or assists person to escape.           
  261  847.011          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  262  847.012          3rd     Knowingly using a minor in the production of materials harmful to minors.
  263  847.0135(2)      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  264  914.23           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  265  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.
  266  944.40           2nd     Escapes.                                    
  267  944.46           3rd     Harboring, concealing, aiding escaped prisoners.
  268  944.47(1)(a)5.   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  269  951.22(1)        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  270         (g) LEVEL 7
  271  FloridaStatute     FelonyDegree               Description               
  272  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
  273  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
  274  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.
  275  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
  276  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  277  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
  278  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
  279  456.065(2)         3rd      Practicing a health care profession without a license.
  280  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
  281  458.327(1)         3rd      Practicing medicine without a license.   
  282  459.013(1)         3rd      Practicing osteopathic medicine without a license.
  283  460.411(1)         3rd      Practicing chiropractic medicine without a license.
  284  461.012(1)         3rd      Practicing podiatric medicine without a license.
  285  462.17             3rd      Practicing naturopathy without a license.
  286  463.015(1)         3rd      Practicing optometry without a license.  
  287  464.016(1)         3rd      Practicing nursing without a license.    
  288  465.015(2)         3rd      Practicing pharmacy without a license.   
  289  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
  290  467.201            3rd      Practicing midwifery without a license.  
  291  468.366            3rd      Delivering respiratory care services without a license.
  292  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
  293  483.901(9)         3rd      Practicing medical physics without a license.
  294  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
  295  484.053            3rd      Dispensing hearing aids without a license.
  296  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.
  297  560.123(8)(b)1.    3rd      Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  298  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  299  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  300  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  301  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
  302  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  303  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  304  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  305  782.071            2nd      Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  306  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  307  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
  308  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
  309  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
  310  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
  311  784.048(7)         3rd      Aggravated stalking; violation of court order.
  312  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
  313  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
  314  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
  315  784.081(1)         1st      Aggravated battery on specified official or employee.
  316  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
  317  784.083(1)         1st      Aggravated battery on code inspector.    
  318  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  319  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
  320  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
  321  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  322  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  323  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  324  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  325  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.
  326  796.03             2nd      Procuring any person under 16 years for prostitution.
  327  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  328  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.
  329  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
  330  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
  331  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
  332  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
  333  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
  334  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.
  335  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  336  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  337  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  338  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  339  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  340  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  341  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  342  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  343  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  344  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  345  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.
  346  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  347  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.
  348  827.03(2)(3)(b)    2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  349  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  350  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  351  838.015            2nd      Bribery.                                 
  352  838.016            2nd      Unlawful compensation or reward for official behavior.
  353  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  354  838.22             2nd      Bid tampering.                           
  355  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  356  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  357  872.06             2nd      Abuse of a dead human body.              
  358  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  359  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.
  360  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.
  361  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).
  362  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  363  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  364  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  365  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  366  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  367  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  368  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  369  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  370  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  371  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  372  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  373  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  374  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  375  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  376  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  377  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  378  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  379  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  380  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  381  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  382  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  383  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  384  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  385  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  386  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  387         (i) LEVEL 9
  388  FloridaStatute     FelonyDegree               Description               
  389  316.193(3)(c)3.b.  1st      DUI manslaughter; failing to render aid or give information.
  390  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to render aid or give information.
  391  409.920(2)(b)1.c.  1st      Medicaid provider fraud; $50,000 or more.
  392  499.0051(9)        1st      Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  393  560.123(8)(b)3.    1st      Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  394  560.125(5)(c)      1st      Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  395  655.50(10)(b)3.    1st      Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  396  775.0844           1st      Aggravated white collar crime.           
  397  782.04(1)          1st      Attempt, conspire, or solicit to commit premeditated murder.
  398  782.04(3)          1st,PBL  Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  399  782.051(1)         1st      Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  400  782.07(2)          1st      Aggravated manslaughter of an elderly person or disabled adult.
  401  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or reward or as a shield or hostage.
  402  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit or facilitate commission of any felony.
  403  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to interfere with performance of any governmental or political function.
  404  787.02(3)(a)       1st      False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
  405  790.161            1st      Attempted capital destructive device offense.
  406  790.166(2)         1st,PBL  Possessing, selling, using, or attempting to use a weapon of mass destruction.
  407  794.011(2)         1st      Attempted sexual battery; victim less than 12 years of age.
  408  794.011(2)         Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  409  794.011(4)         1st      Sexual battery; victim 12 years or older, certain circumstances.
  410  794.011(8)(b)      1st      Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  411  794.08(2)          1st      Female genital mutilation; victim younger than 18 years of age.
  412  800.04(5)(b)       Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  413  812.13(2)(a)       1st,PBL  Robbery with firearm or other deadly weapon.
  414  812.133(2)(a)      1st,PBL  Carjacking; firearm or other deadly weapon.
  415  812.135(2)(b)      1st      Home-invasion robbery with weapon.       
  416  817.568(7)         2nd,PBL  Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
  417  827.03(2)(a)       1st      Aggravated child abuse.                  
  418  847.0145(1)        1st      Selling, or otherwise transferring custody or control, of a minor.
  419  847.0145(2)        1st      Purchasing, or otherwise obtaining custody or control, of a minor.
  420  859.01             1st      Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
  421  893.135            1st      Attempted capital trafficking offense.   
  422  893.135(1)(a)3.    1st      Trafficking in cannabis, more than 10,000 lbs.
  423  893.135(1)(b)1.c.  1st      Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  424  893.135(1)(c)1.c.  1st      Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  425  893.135(1)(d)1.c.  1st      Trafficking in phencyclidine, more than 400 grams.
  426  893.135(1)(e)1.c.  1st      Trafficking in methaqualone, more than 25 kilograms.
  427  893.135(1)(f)1.c.  1st      Trafficking in amphetamine, more than 200 grams.
  428  893.135(1)(h)1.c.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  429  893.135(1)(j)1.c.  1st      Trafficking in 1,4-Butanediol, 10 kilograms or more.
  430  893.135(1)(k)2.c.  1st      Trafficking in Phenethylamines, 400 grams or more.
  431  896.101(5)(c)      1st      Money laundering, financial instruments totaling or exceeding $100,000.
  432  896.104(4)(a)3.    1st      Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  433         Section 6. Subsection (1) of section 948.062, Florida
  434  Statutes, is amended to read:
  435         948.062 Reviewing and reporting serious offenses committed
  436  by offenders placed on probation or community control.—
  437         (1) The department shall review the circumstances related
  438  to an offender placed on probation or community control who has
  439  been arrested while on supervision for the following offenses:
  440         (a) Any murder as provided in s. 782.04;
  441         (b) Any sexual battery as provided in s. 794.011 or s.
  442  794.023;
  443         (c) Any sexual performance by a child as provided in s.
  444  827.071;
  445         (d) Any kidnapping, false imprisonment, or luring of a
  446  child as provided in s. 787.01, s. 787.02, or s. 787.025;
  447         (e) Any lewd and lascivious battery or lewd and lascivious
  448  molestation as provided in s. 800.04(4) or (5);
  449         (f) Any aggravated child abuse as provided in s.
  450  827.03(2)(a);
  451         (g) Any robbery with a firearm or other deadly weapon, home
  452  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
  453  s. 812.135, or s. 812.133;
  454         (h) Any aggravated stalking as provided in s. 784.048(3),
  455  (4), or (5);
  456         (i) Any forcible felony as provided in s. 776.08, committed
  457  by any person on probation or community control who is
  458  designated as a sexual predator; or
  459         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
  460  or vehicular or vessel homicide as provided in s. 782.071 or s.
  461  782.072, committed by any person who is on probation or
  462  community control for an offense involving death or injury
  463  resulting from a driving incident.
  464         Section 7. Paragraph (a) of subsection (3) of section
  465  960.03, Florida Statutes, is amended to read:
  466         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  467  960.01-960.28, unless the context otherwise requires, the term:
  468         (3) “Crime” means:
  469         (a) A felony or misdemeanor offense committed by either an
  470  adult or a juvenile which results in physical injury or death,
  471  including a felony or misdemeanor offense committed by an adult
  472  or a juvenile which results in psychiatric or psychological
  473  injury to a person younger than 18 years of age who was not
  474  physically injured by the criminal act. The term also includes
  475  any such criminal act that which is committed within this state
  476  but that which falls exclusively within federal jurisdiction.
  477         Section 8. This act shall take effect July 1, 2010.