HB 705

1	A bill to be entitled
2	An act relating to criminal conduct; amending s. 827.03,
3	F.S.; defining the term "mental injury" with respect to
4	the offenses of abuse, aggravated abuse, and neglect of a
5	child; requiring that a person acting as an expert witness
6	have certain credentials; providing affirmative defenses
7	to the offenses of child abuse, aggravated child abuse,
8	and neglect; amending ss. 775.084, 775.0877, 782.07,
9	921.0022, and 948.062, F.S.; conforming cross-references;
10	amending s. 960.03, F.S.; redefining the term "crime" for
11	purposes of crime victims compensation to include
12	additional forms of injury; redefining the term "victim"
13	to conform with the modified definition of the term
14	"crime"; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 827.03, Florida Statutes, is amended to
19	read:
20	827.03  Abuse, aggravated abuse, and neglect of a child;
21	penalties.-
22	(1)  DEFINITIONS.-For purposes of this section:
23	(a)  "Aggravated child abuse" occurs when a person:
24	1.  Commits aggravated battery on a child;
25	2.  Willfully tortures, maliciously punishes, or willfully
26	and unlawfully cages a child; or
27	3.  Knowingly or willfully abuses a child and in so doing
28	causes great bodily harm, permanent disability, or permanent
29	disfigurement to the child.
30	(b)  "Child abuse" means:
31	1.(a)  Intentional infliction of physical or mental injury
32	upon a child;
33	2.(b)  An intentional act that could reasonably be expected
34	to result in physical or mental injury to a child; or
35	3.(c)  Active encouragement of any person to commit an act
36	that results or could reasonably be expected to result in
37	physical or mental injury to a child.
38
39	A person who knowingly or willfully abuses a child without
40	causing great bodily harm, permanent disability, or permanent
41	disfigurement to the child commits a felony of the third degree,
42	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
43	(2)  "Aggravated child abuse" occurs when a person:
44	(a)  Commits aggravated battery on a child;
45	(b)  Willfully tortures, maliciously punishes, or willfully
46	and unlawfully cages a child; or
47	(c)  Knowingly or willfully abuses a child and in so doing
48	causes great bodily harm, permanent disability, or permanent
49	disfigurement to the child.
50
51	A person who commits aggravated child abuse commits a felony of
52	the first degree, punishable as provided in s. 775.082, s.
53	775.083, or s. 775.084.
54	(c)  "Maliciously" means wrongfully, intentionally, and
55	without legal justification or excuse. Maliciousness may be
56	established by circumstances from which one could conclude that
57	a reasonable parent would not have engaged in the damaging acts
58	toward the child for any valid reason and that the primary
59	purpose of the acts was to cause the victim unjustifiable pain
60	or injury.
61	(d)  "Mental injury" shall mean multiple instances of
62	injury caused by the same abuser to the intellectual or
63	psychological capacity of a child as evidenced by a discernible
64	and substantial impairment in the ability of the child to
65	function within the normal range of performance and behavior as
66	supported by expert testimony. A person may not give expert
67	testimony regarding mental injury unless that person is a
68	physician licensed under chapter 458 or chapter 459 who is board
69	certified in psychiatry and has devoted professional time during
70	the 3 years immediately preceding the date of the occurrence to
71	the active clinical practice of, or consulting with respect to,
72	a specialty that includes the evaluation, diagnosis, or
73	treatment of the condition that is the subject of the offense.
74	(e)(3)(a)  "Neglect of a child" means:
75	1.  A caregiver's failure or omission to provide a child
76	with the care, supervision, and services necessary to maintain
77	the child's physical and mental health, including, but not
78	limited to, food, nutrition, clothing, shelter, supervision,
79	medicine, and medical services that a prudent person would
80	consider essential for the well-being of the child; or
81	2.  A caregiver's failure to make a reasonable effort to
82	protect a child from abuse, neglect, or exploitation by another
83	person.
84
85	Except as otherwise provided in this section, neglect of a child
86	may be based on repeated conduct or on a single incident or
87	omission that results in, or could reasonably be expected to
88	result in, serious physical or mental injury, or a substantial
89	risk of death, to a child.
90	(2)  OFFENSES.-
91	(a)  A person who commits aggravated child abuse commits a
92	felony of the first degree, punishable as provided in s.
93	775.082, s. 775.083, or s. 775.084.
94	(b)  A person who willfully or by culpable negligence
95	neglects a child and in so doing causes great bodily harm,
96	permanent disability, or permanent disfigurement to the child
97	commits a felony of the second degree, punishable as provided in
98	s. 775.082, s. 775.083, or s. 775.084.
99	(c)  A person who knowingly or willfully abuses a child
100	without causing great bodily harm, permanent disability, or
101	permanent disfigurement to the child commits a felony of the
102	third degree, punishable as provided in s. 775.082, s. 775.083,
103	or s. 775.084.
104	(d)(c)  A person who willfully or by culpable negligence
105	neglects a child without causing great bodily harm, permanent
106	disability, or permanent disfigurement to the child commits a
107	felony of the third degree, punishable as provided in s.
108	775.082, s. 775.083, or s. 775.084.
109	(3)  AFFIRMATIVE DEFENSES.-
110	(a)  If the offense charged under this section is based
111	solely on oral statements of the defendant, it shall be an
112	affirmative defense to prosecution of that offense that the
113	conduct giving rise to the offense was solely speech protected
114	by the First Amendment to the United States Constitution. This
115	affirmative defense shall not apply to speech that was directed
116	to inciting or producing imminent lawless action and that was
117	likely to incite or produce such action.
118	(b)  If the offense charged under this section is based
119	solely on a claim of mental injury because of a caregiver's
120	failure to make a reasonable effort to protect a child from an
121	abuser other than the defendant, it shall be an affirmative
122	defense to a prosecution of that offense that the defendant was
123	a victim of an act of domestic violence as defined in s. 741.28
124	or had reasonable cause to believe that he or she was about to
125	become a victim of an act of domestic violence, and the
126	defendant had reasonable cause to believe that the action or
127	failure to act was necessary in order for the defendant to
128	escape from, or protect himself or herself from, the domestic
129	violence or to preserve the minor or incompetent person from
130	exposure to domestic violence. However, this affirmative defense
131	shall not be available to any person in relation to instances of
132	child abuse arising after the defense has been previously
133	asserted with respect to the same abuser.
134	(4)  For purposes of this section, "maliciously" means
135	wrongfully, intentionally, and without legal justification or
136	excuse. Maliciousness may be established by circumstances from
137	which one could conclude that a reasonable parent would not have
138	engaged in the damaging acts toward the child for any valid
139	reason and that the primary purpose of the acts was to cause the
140	victim unjustifiable pain or injury.
141	Section 2.  Paragraph (d) of subsection (1) of section
142	775.084, Florida Statutes, is amended to read:
143	775.084  Violent career criminals; habitual felony
144	offenders and habitual violent felony offenders; three-time
145	violent felony offenders; definitions; procedure; enhanced
146	penalties or mandatory minimum prison terms.-
147	(1)  As used in this act:
148	(d)  "Violent career criminal" means a defendant for whom
149	the court must impose imprisonment pursuant to paragraph (4)(d),
150	if it finds that:
151	1.  The defendant has previously been convicted as an adult
152	three or more times for an offense in this state or other
153	qualified offense that is:
154	a.  Any forcible felony, as described in s. 776.08;
155	b.  Aggravated stalking, as described in s. 784.048(3) and
156	(4);
157	c.  Aggravated child abuse, as described in s.
158	827.03(2)(a);
159	d.  Aggravated abuse of an elderly person or disabled
160	adult, as described in s. 825.102(2);
161	e.  Lewd or lascivious battery, lewd or lascivious
162	molestation, lewd or lascivious conduct, or lewd or lascivious
163	exhibition, as described in s. 800.04 or s. 847.0135(5);
164	f.  Escape, as described in s. 944.40; or
165	g.  A felony violation of chapter 790 involving the use or
166	possession of a firearm.
167	2.  The defendant has been incarcerated in a state prison
168	or a federal prison.
169	3.  The primary felony offense for which the defendant is
170	to be sentenced is a felony enumerated in subparagraph 1. and
171	was committed on or after October 1, 1995, and:
172	a.  While the defendant was serving a prison sentence or
173	other sentence, or court-ordered or lawfully imposed supervision
174	that is imposed as a result of a prior conviction for an
175	enumerated felony; or
176	b.  Within 5 years after the conviction of the last prior
177	enumerated felony, or within 5 years after the defendant's
178	release from a prison sentence, probation, community control,
179	control release, conditional release, parole, or court-ordered
180	or lawfully imposed supervision or other sentence that is
181	imposed as a result of a prior conviction for an enumerated
182	felony, whichever is later.
183	4.  The defendant has not received a pardon for any felony
184	or other qualified offense that is necessary for the operation
185	of this paragraph.
186	5.  A conviction of a felony or other qualified offense
187	necessary to the operation of this paragraph has not been set
188	aside in any postconviction proceeding.
189	Section 3.  Paragraphs (h) and (i) of subsection (1) of
190	section 775.0877, Florida Statutes, are amended to read:
191	775.0877  Criminal transmission of HIV; procedures;
192	penalties.-
193	(1)  In any case in which a person has been convicted of or
194	has pled nolo contendere or guilty to, regardless of whether
195	adjudication is withheld, any of the following offenses, or the
196	attempt thereof, which offense or attempted offense involves the
197	transmission of body fluids from one person to another:
198	(h)  Section 827.03(2)(c)(1), relating to child abuse;
199	(i)  Section 827.03(2)(a), relating to aggravated child
200	abuse;
201
202	the court shall order the offender to undergo HIV testing, to be
203	performed under the direction of the Department of Health in
204	accordance with s. 381.004, unless the offender has undergone
205	HIV testing voluntarily or pursuant to procedures established in
206	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
207	rule providing for HIV testing of criminal offenders or inmates,
208	subsequent to her or his arrest for an offense enumerated in
209	paragraphs (a)-(n) for which she or he was convicted or to which
210	she or he pled nolo contendere or guilty. The results of an HIV
211	test performed on an offender pursuant to this subsection are
212	not admissible in any criminal proceeding arising out of the
213	alleged offense.
214	Section 4.  Subsection (3) of section 782.07, Florida
215	Statutes, is amended to read:
216	782.07  Manslaughter; aggravated manslaughter of an elderly
217	person or disabled adult; aggravated manslaughter of a child;
218	aggravated manslaughter of an officer, a firefighter, an
219	emergency medical technician, or a paramedic.-
220	(3)  A person who causes the death of any person under the
221	age of 18 by culpable negligence under s. 827.03(2)(b)(3)
222	commits aggravated manslaughter of a child, a felony of the
223	first degree, punishable as provided in s. 775.082, s. 775.083,
224	or s. 775.084.
225	Section 5.  Paragraphs (f), (g), and (i) of subsection (3)
226	of section 921.0022, Florida Statutes, are amended to read:
227	921.0022  Criminal Punishment Code; offense severity
228	ranking chart.-
229	(3)  OFFENSE SEVERITY RANKING CHART
230	(f)  LEVEL 6
231
	FloridaStatute FelonyDegree Description
232
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
233
	499.0051(3) 2nd Knowing forgery of pedigree papers.
234
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
235
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
236
	775.0875(1) 3rd Taking firearm from law enforcement officer.
237
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
238
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
239
	784.041 3rd Felony battery; domestic battery by strangulation.
240
	784.048(3) 3rd Aggravated stalking; credible threat.
241
	784.048(5) 3rd Aggravated stalking of person under 16.
242
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
243
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
244
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
245
	784.081(2) 2nd Aggravated assault on specified official or employee.
246
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
247
	784.083(2) 2nd Aggravated assault on code inspector.
248
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
249
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
250
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
251
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
252
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
253
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
254
	794.05(1) 2nd Unlawful sexual activity with specified minor.
255
	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.
256
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
257
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
258
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
259
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
260
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
261
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
262
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
263
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
264
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
265
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
266
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
267
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
268
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
269
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
270
	827.03(2)(c)(1) 3rd Abuse of a child.
271
	827.03(2)(d)(3)(c) 3rd Neglect of a child.
272
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
273
	836.05 2nd Threats; extortion.
274
	836.10 2nd Written threats to kill or do bodily injury.
275
	843.12 3rd Aids or assists person to escape.
276
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
277
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
278
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
279
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
280
	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.
281
	944.40 2nd Escapes.
282
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
283
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
284
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
285
286	(g)  LEVEL 7
287
	FloridaStatute FelonyDegree Description
288
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
289
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
290
	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.
291
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
292
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
293
	409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
294
	409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
295
	456.065(2) 3rd Practicing a health care profession without a license.
296
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
297
	458.327(1) 3rd Practicing medicine without a license.
298
	459.013(1) 3rd Practicing osteopathic medicine without a license.
299
	460.411(1) 3rd Practicing chiropractic medicine without a license.
300
	461.012(1) 3rd Practicing podiatric medicine without a license.
301
	462.17 3rd Practicing naturopathy without a license.
302
	463.015(1) 3rd Practicing optometry without a license.
303
	464.016(1) 3rd Practicing nursing without a license.
304
	465.015(2) 3rd Practicing pharmacy without a license.
305
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
306
	467.201 3rd Practicing midwifery without a license.
307
	468.366 3rd Delivering respiratory care services without a license.
308
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
309
	483.901(9) 3rd Practicing medical physics without a license.
310
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
311
	484.053 3rd Dispensing hearing aids without a license.
312
	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.
313
	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.
314
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
315
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
316
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
317
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
318
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
319
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
320
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
321
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
322
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
323
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
324
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
325
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
326
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
327
	784.048(7) 3rd Aggravated stalking; violation of court order.
328
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
329
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
330
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
331
	784.081(1) 1st Aggravated battery on specified official or employee.
332
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
333
	784.083(1) 1st Aggravated battery on code inspector.
334
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
335
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
336
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
337
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
338
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
339
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
340
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
341
	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.
342
	796.03 2nd Procuring any person under 16 years for prostitution.
343
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
344
	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.
345
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
346
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
347
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
348
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
349
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
350
	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.
351
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
352
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
353
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
354
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
355
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
356
	812.131(2)(a) 2nd Robbery by sudden snatching.
357
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
358
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
359
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
360
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
361
	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.
362
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
363
	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.
364
	827.03(2)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
365
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
366
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
367
	838.015 2nd Bribery.
368
	838.016 2nd Unlawful compensation or reward for official behavior.
369
	838.021(3)(a) 2nd Unlawful harm to a public servant.
370
	838.22 2nd Bid tampering.
371
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
372
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
373
	872.06 2nd Abuse of a dead human body.
374
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
375
	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.
376
	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.
377
	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).
378
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
379
	893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
380
	893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
381
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
382
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
383
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
384
	893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
385
	893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
386
	893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
387
	893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
388
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
389
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
390
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
391
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
392
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
393
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
394
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
395
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
396
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
397
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
398
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
399
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
400
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
401
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
402
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
403
404	(i)  LEVEL 9
405
	FloridaStatute FelonyDegree Description
406
	316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
407
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
408
	409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
409
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
410
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
411
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
412
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
413
	775.0844 1st Aggravated white collar crime.
414
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
415
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
416
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
417
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
418
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
419
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
420
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
421
	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.
422
	790.161 1st Attempted capital destructive device offense.
423
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
424
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
425
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
426
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
427
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
428
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
429
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
430
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
431
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
432
	812.135(2)(b) 1st Home-invasion robbery with weapon.
433
	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.
434
	827.03(2)(a) 1st Aggravated child abuse.
435
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
436
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
437
	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.
438
	893.135 1st Attempted capital trafficking offense.
439
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
440
	893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
441
	893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
442
	893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
443
	893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
444
	893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
445
	893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
446
	893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
447
	893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
448
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
449
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
450
451	Section 6.  Paragraph (f) of subsection (1) of section
452	948.062, Florida Statutes, is amended to read:
453	948.062  Reviewing and reporting serious offenses committed
454	by offenders placed on probation or community control.-
455	(1)  The department shall review the circumstances related
456	to an offender placed on probation or community control who has
457	been arrested while on supervision for the following offenses:
458	(f)  Any aggravated child abuse as provided in s.
459	827.03(2)(a);
460	Section 7.  Paragraph (a) of subsection (3) and subsection
461	(14) of section 960.03, Florida Statutes, are amended to read:
462	960.03  Definitions; ss. 960.01-960.28.-As used in ss.
463	960.01-960.28, unless the context otherwise requires, the term:
464	(3)  "Crime" means:
465	(a)  A felony or misdemeanor offense committed by either an
466	adult or a juvenile which results in physical injury or death,
467	including a felony or misdemeanor offense committed by either an
468	adult or a juvenile which results in psychiatric or
469	psychological injury to a person less than 18 years of age who
470	was not physically injured by the criminal act. The term also
471	includes any such criminal act which is committed within this
472	state but which falls exclusively within federal jurisdiction.
473	(14)  "Victim" means:
474	(a)  A person who suffers personal physical injury or death
475	as a direct result of a crime;
476	(b)  Except as otherwise set forth in paragraph (3)(a)
477	concerning injuries to minors, a person younger than 18 years of
478	age who was present at the scene of a crime, saw or heard the
479	crime, and suffered a psychiatric or psychological injury
480	because of the crime, but who was not physically injured; or
481	(c)  A person against whom a forcible felony was committed
482	and who suffers a psychiatric or psychological injury as a
483	direct result of that crime but who does not otherwise sustain a
484	personal physical injury or death.
485	Section 8.  This act shall take effect July 1, 2011.

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