Florida Senate - 2012                             CS for SB 1172
       
       
       
       By the Committee on Criminal Justice; and Senator Detert
       
       
       
       
       591-03218-12                                          20121172c1
    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” with
    4         respect to the offenses of abuse, aggravated abuse,
    5         and neglect of a child; requiring that a physician or
    6         psychologist acting as an expert witness in certain
    7         proceedings have certain credentials; amending ss.
    8         775.084, 775.0877, 782.07, 921.0022, and 948.062,
    9         F.S.; conforming cross-references; amending s. 960.03,
   10         F.S.; redefining the term “crime” for purposes of
   11         crime victims compensation to include additional forms
   12         of injury; redefining the term “victim” to conform
   13         with the modified definition of the term “crime”;
   14         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.—As used in this section, the term:
   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” means injury to the intellectual or
   62  psychological capacity of a child as evidenced by a discernible
   63  and substantial impairment in the ability of the child to
   64  function within the normal range of performance and behavior as
   65  supported by expert testimony.
   66         (e)(3)(a) “Neglect of a child” means:
   67         1. A caregiver’s failure or omission to provide a child
   68  with the care, supervision, and services necessary to maintain
   69  the child’s physical and mental health, including, but not
   70  limited to, food, nutrition, clothing, shelter, supervision,
   71  medicine, and medical services that a prudent person would
   72  consider essential for the well-being of the child; or
   73         2. A caregiver’s failure to make a reasonable effort to
   74  protect a child from abuse, neglect, or exploitation by another
   75  person.
   76  
   77  Except as otherwise provided in this section, neglect of a child
   78  may be based on repeated conduct or on a single incident or
   79  omission that results in, or could reasonably be expected to
   80  result in, serious physical or mental injury, or a substantial
   81  risk of death, to a child.
   82         (2) OFFENSES.—
   83         (a) A person who commits aggravated child abuse commits a
   84  felony of the first degree, punishable as provided in s.
   85  775.082, s. 775.083, or s. 775.084.
   86         (b) A person who willfully or by culpable negligence
   87  neglects a child and in so doing causes great bodily harm,
   88  permanent disability, or permanent disfigurement to the child
   89  commits a felony of the second degree, punishable as provided in
   90  s. 775.082, s. 775.083, or s. 775.084.
   91         (c) A person who knowingly or willfully abuses a child
   92  without causing great bodily harm, permanent disability, or
   93  permanent disfigurement to the child commits a felony of the
   94  third degree, punishable as provided in s. 775.082, s. 775.083,
   95  or s. 775.084.
   96         (d)(c) A person who willfully or by culpable negligence
   97  neglects a child without causing great bodily harm, permanent
   98  disability, or permanent disfigurement to the child commits a
   99  felony of the third degree, punishable as provided in s.
  100  775.082, s. 775.083, or s. 775.084.
  101         (3) EXPERT TESTIMONY.—
  102         (a) Except as provided in paragraph (b), a physician may
  103  not provide expert testimony in a criminal child abuse case
  104  unless the physician is a physician licensed under chapter 458
  105  or chapter 459 or has obtained certification as an expert
  106  witness pursuant to s. 458.3175.
  107         (b) A physician may not provide expert testimony in a
  108  criminal child abuse case regarding mental injury unless the
  109  physician is a physician licensed under chapter 458 or chapter
  110  459 who is board certified in psychiatry or has obtained
  111  certification as an expert witness pursuant to s. 458.3175.
  112         (c) A psychologist may not give expert testimony in a
  113  criminal child abuse case regarding mental injury unless the
  114  psychologist is licensed under chapter 490.
  115         (d) The expert testimony requirements of this subsection
  116  apply only to criminal child abuse cases and not to family court
  117  or dependency court cases.
  118         (4) For purposes of this section, “maliciously” means
  119  wrongfully, intentionally, and without legal justification or
  120  excuse. Maliciousness may be established by circumstances from
  121  which one could conclude that a reasonable parent would not have
  122  engaged in the damaging acts toward the child for any valid
  123  reason and that the primary purpose of the acts was to cause the
  124  victim unjustifiable pain or injury.
  125         Section 2. Paragraph (d) of subsection (1) of section
  126  775.084, Florida Statutes, is amended to read:
  127         775.084 Violent career criminals; habitual felony offenders
  128  and habitual violent felony offenders; three-time violent felony
  129  offenders; definitions; procedure; enhanced penalties or
  130  mandatory minimum prison terms.—
  131         (1) As used in this act:
  132         (d) “Violent career criminal” means a defendant for whom
  133  the court must impose imprisonment pursuant to paragraph (4)(d),
  134  if it finds that:
  135         1. The defendant has previously been convicted as an adult
  136  three or more times for an offense in this state or other
  137  qualified offense that is:
  138         a. Any forcible felony, as described in s. 776.08;
  139         b. Aggravated stalking, as described in s. 784.048(3) and
  140  (4);
  141         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  142         d. Aggravated abuse of an elderly person or disabled adult,
  143  as described in s. 825.102(2);
  144         e. Lewd or lascivious battery, lewd or lascivious
  145  molestation, lewd or lascivious conduct, or lewd or lascivious
  146  exhibition, as described in s. 800.04 or s. 847.0135(5);
  147         f. Escape, as described in s. 944.40; or
  148         g. A felony violation of chapter 790 involving the use or
  149  possession of a firearm.
  150         2. The defendant has been incarcerated in a state prison or
  151  a federal prison.
  152         3. The primary felony offense for which the defendant is to
  153  be sentenced is a felony enumerated in subparagraph 1. and was
  154  committed on or after October 1, 1995, and:
  155         a. While the defendant was serving a prison sentence or
  156  other sentence, or court-ordered or lawfully imposed supervision
  157  that is imposed as a result of a prior conviction for an
  158  enumerated felony; or
  159         b. Within 5 years after the conviction of the last prior
  160  enumerated felony, or within 5 years after the defendant’s
  161  release from a prison sentence, probation, community control,
  162  control release, conditional release, parole, or court-ordered
  163  or lawfully imposed supervision or other sentence that is
  164  imposed as a result of a prior conviction for an enumerated
  165  felony, whichever is later.
  166         4. The defendant has not received a pardon for any felony
  167  or other qualified offense that is necessary for the operation
  168  of this paragraph.
  169         5. A conviction of a felony or other qualified offense
  170  necessary to the operation of this paragraph has not been set
  171  aside in any postconviction proceeding.
  172         Section 3. Subsection (1) of section 775.0877, Florida
  173  Statutes, is amended to read:
  174         775.0877 Criminal transmission of HIV; procedures;
  175  penalties.—
  176         (1) In any case in which a person has been convicted of or
  177  has pled nolo contendere or guilty to, regardless of whether
  178  adjudication is withheld, any of the following offenses, or the
  179  attempt thereof, which offense or attempted offense involves the
  180  transmission of body fluids from one person to another:
  181         (a) Section 794.011, relating to sexual battery;
  182         (b) Section 826.04, relating to incest;
  183         (c) Section 800.04, relating to lewd or lascivious offenses
  184  committed upon or in the presence of persons less than 16 years
  185  of age;
  186         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  187  relating to assault;
  188         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  189  relating to aggravated assault;
  190         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  191  relating to battery;
  192         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  193  relating to aggravated battery;
  194         (h) Section 827.03(2)(c)(1), relating to child abuse;
  195         (i) Section 827.03(2)(a), relating to aggravated child
  196  abuse;
  197         (j) Section 825.102(1), relating to abuse of an elderly
  198  person or disabled adult;
  199         (k) Section 825.102(2), relating to aggravated abuse of an
  200  elderly person or disabled adult;
  201         (l) Section 827.071, relating to sexual performance by
  202  person less than 18 years of age;
  203         (m) Sections 796.03, 796.07, and 796.08, relating to
  204  prostitution; or
  205         (n) Section 381.0041(11)(b), relating to donation of blood,
  206  plasma, organs, skin, or other human tissue,
  207  
  208  the court shall order the offender to undergo HIV testing, to be
  209  performed under the direction of the Department of Health in
  210  accordance with s. 381.004, unless the offender has undergone
  211  HIV testing voluntarily or pursuant to procedures established in
  212  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  213  rule providing for HIV testing of criminal offenders or inmates,
  214  subsequent to her or his arrest for an offense enumerated in
  215  paragraphs (a)-(n) for which she or he was convicted or to which
  216  she or he pled nolo contendere or guilty. The results of an HIV
  217  test performed on an offender pursuant to this subsection are
  218  not admissible in any criminal proceeding arising out of the
  219  alleged offense.
  220         Section 4. Subsection (3) of section 782.07, Florida
  221  Statutes, is amended to read:
  222         782.07 Manslaughter; aggravated manslaughter of an elderly
  223  person or disabled adult; aggravated manslaughter of a child;
  224  aggravated manslaughter of an officer, a firefighter, an
  225  emergency medical technician, or a paramedic.—
  226         (3) A person who causes the death of any person under the
  227  age of 18 by culpable negligence under s. 827.03(2)(b)(3)
  228  commits aggravated manslaughter of a child, a felony of the
  229  first degree, punishable as provided in s. 775.082, s. 775.083,
  230  or s. 775.084.
  231         Section 5. Paragraphs (f), (g), and (i) of subsection (3)
  232  of section 921.0022, Florida Statutes, are amended to read:
  233         921.0022 Criminal Punishment Code; offense severity ranking
  234  chart.—
  235         (3) OFFENSE SEVERITY RANKING CHART
  236         (f) LEVEL 6
  237  FloridaStatute   FelonyDegree                Description                 
  238  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
  239  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
  240  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  241  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  242  775.0875(1)        3rd   Taking firearm from law enforcement officer.
  243  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
  244  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
  245  784.041            3rd   Felony battery; domestic battery by strangulation.
  246  784.048(3)         3rd   Aggravated stalking; credible threat.       
  247  784.048(5)         3rd   Aggravated stalking of person under 16.     
  248  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
  249  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
  250  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
  251  784.081(2)         2nd   Aggravated assault on specified official or employee.
  252  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
  253  784.083(2)         2nd   Aggravated assault on code inspector.       
  254  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  255  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
  256  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  257  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  258  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  259  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  260  794.05(1)          2nd   Unlawful sexual activity with specified minor.
  261  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.
  262  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  263  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
  264  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
  265  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  266  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  267  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  268  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  269  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  270  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
  271  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  272  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  273  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  274  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  275  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  276  827.03(2)(c)827.03(1)  3rd   Abuse of a child.                           
  277  827.03(2)(d)827.03(3)(c)  3rd   Neglect of a child.                         
  278  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  279  836.05             2nd   Threats; extortion.                         
  280  836.10             2nd   Written threats to kill or do bodily injury.
  281  843.12             3rd   Aids or assists person to escape.           
  282  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  283  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  284  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  285  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  286  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.
  287  944.40             2nd   Escapes.                                    
  288  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  289  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  290  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  291         (g) LEVEL 7
  292  FloridaStatute   FelonyDegree                Description                
  293  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  294  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  295  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.
  296  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  297  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  298  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  299  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  300  456.065(2)          3rd   Practicing a health care profession without a license.
  301  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  302  458.327(1)          3rd   Practicing medicine without a license.     
  303  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  304  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  305  461.012(1)          3rd   Practicing podiatric medicine without a license.
  306  462.17              3rd   Practicing naturopathy without a license.  
  307  463.015(1)          3rd   Practicing optometry without a license.    
  308  464.016(1)          3rd   Practicing nursing without a license.      
  309  465.015(2)          3rd   Practicing pharmacy without a license.     
  310  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  311  467.201             3rd   Practicing midwifery without a license.    
  312  468.366             3rd   Delivering respiratory care services without a license.
  313  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  314  483.901(9)          3rd   Practicing medical physics without a license.
  315  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  316  484.053             3rd   Dispensing hearing aids without a license. 
  317  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.
  318  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.
  319  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  320  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  321  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  322  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  323  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  324  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  325  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  326  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  327  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  328  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  329  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  330  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  331  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  332  784.048(7)          3rd   Aggravated stalking; violation of court order.
  333  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  334  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  335  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  336  784.081(1)          1st   Aggravated battery on specified official or employee.
  337  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  338  784.083(1)          1st   Aggravated battery on code inspector.      
  339  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  340  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  341  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  342  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  343  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  344  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  345  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  346  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.
  347  796.03              2nd   Procuring any person under 16 years for prostitution.
  348  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  349  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.
  350  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  351  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  352  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  353  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  354  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  355  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.
  356  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  357  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  358  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  359  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  360  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  361  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  362  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  363  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  364  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  365  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  366  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.
  367  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  368  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.
  369  827.03(2)827.03(3)(b)   2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  370  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  371  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  372  838.015             2nd   Bribery.                                   
  373  838.016             2nd   Unlawful compensation or reward for official behavior.
  374  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  375  838.22              2nd   Bid tampering.                             
  376  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  377  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  378  872.06              2nd   Abuse of a dead human body.                
  379  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  380  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.
  381  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.
  382  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).
  383  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  384  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  385  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  386  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  387  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  388  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  389  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  390  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  391  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  392  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  393  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  394  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  395  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  396  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  397  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  398  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  399  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  400  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  401  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  402  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  403  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  404  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  405  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  406  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  407  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  408         (i) LEVEL 9
  409  FloridaStatute    FelonyDegree               Description                
  410  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  411  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  412  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  413  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  414  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  415  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  416  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  417  775.0844             1st   Aggravated white collar crime.            
  418  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  419  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  420  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  421  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  422  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  423  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  424  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  425  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.
  426  790.161              1st   Attempted capital destructive device offense.
  427  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  428  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  429  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  430  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  431  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  432  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  433  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  434  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  435  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  436  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  437  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.
  438  827.03(2)(a)827.03(2)   1st   Aggravated child abuse.                   
  439  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  440  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  441  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.
  442  893.135              1st   Attempted capital trafficking offense.    
  443  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  444  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  445  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  446  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  447  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  448  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  449  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  450  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  451  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  452  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  453  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  454         Section 6. Subsection (1) of section 948.062, Florida
  455  Statutes, is amended to read:
  456         948.062 Reviewing and reporting serious offenses committed
  457  by offenders placed on probation or community control.—
  458         (1) The department shall review the circumstances related
  459  to an offender placed on probation or community control who has
  460  been arrested while on supervision for the following offenses:
  461         (a) Any murder as provided in s. 782.04;
  462         (b) Any sexual battery as provided in s. 794.011 or s.
  463  794.023;
  464         (c) Any sexual performance by a child as provided in s.
  465  827.071;
  466         (d) Any kidnapping, false imprisonment, or luring of a
  467  child as provided in s. 787.01, s. 787.02, or s. 787.025;
  468         (e) Any lewd and lascivious battery or lewd and lascivious
  469  molestation as provided in s. 800.04(4) or (5);
  470         (f) Any aggravated child abuse as provided in s.
  471  827.03(2)(a) s. 827.03(2);
  472         (g) Any robbery with a firearm or other deadly weapon, home
  473  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
  474  s. 812.135, or s. 812.133;
  475         (h) Any aggravated stalking as provided in s. 784.048(3),
  476  (4), or (5);
  477         (i) Any forcible felony as provided in s. 776.08, committed
  478  by a any person on probation or community control who is
  479  designated as a sexual predator; or
  480         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
  481  or vehicular or vessel homicide as provided in s. 782.071 or s.
  482  782.072, committed by a any person who is on probation or
  483  community control for an offense involving death or injury
  484  resulting from a driving incident.
  485         Section 7. Paragraph (a) of subsection (3) and subsection
  486  (14) of section 960.03, Florida Statutes, are amended to read:
  487         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  488  960.01-960.28, unless the context otherwise requires, the term:
  489         (3) “Crime” means:
  490         (a) A felony or misdemeanor offense committed by either an
  491  adult or a juvenile which results in physical injury or death,
  492  including a felony or misdemeanor offense committed by either an
  493  adult or a juvenile which results in psychiatric or
  494  psychological injury to a person younger than 18 years of age
  495  who was not physically injured by the criminal act. The term
  496  also includes any such criminal act that which is committed
  497  within this state but that which falls exclusively within
  498  federal jurisdiction.
  499         (14) “Victim” means:
  500         (a) A person who suffers personal physical injury or death
  501  as a direct result of a crime;
  502         (b) A person younger than 18 years of age who was present
  503  at the scene of a crime, saw or heard the crime, and suffered a
  504  psychiatric or psychological injury because of the crime, but
  505  who was not physically injured; or
  506         (c) A person younger than 18 years of age who was the
  507  victim of a felony or misdemeanor offense that resulted in a
  508  psychiatric or psychological injury, but who was not physically
  509  injured; or
  510         (d)(c) A person against whom a forcible felony was
  511  committed and who suffers a psychiatric or psychological injury
  512  as a direct result of that crime but who does not otherwise
  513  sustain a personal physical injury or death.
  514         Section 8. This act shall take effect October 1, 2012.