Florida Senate - 2012                      CS for CS for SB 1172
       
       
       
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Detert
       
       
       
       590-03516-12                                          20121172c2
    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 or s. 459.0066.
  107         (b) A physician may provide expert testimony in a criminal
  108  child abuse case regarding mental injury if the physician is a
  109  physician licensed under chapter 458 or chapter 459, is board
  110  certified in psychiatry, or has obtained certification as an
  111  expert witness pursuant to s. 458.3175 or s. 459.0066.
  112         (c) Notwithstanding s. 766.102, a physician who obtains an
  113  expert witness certificate under s. 458.3145 or s. 459.0066 and
  114  who otherwise meets the requirements of this subsection may
  115  provide expert testimony in a criminal child abuse case.
  116         (d) A psychologist may not give expert testimony in a
  117  criminal child abuse case regarding mental injury unless the
  118  psychologist is licensed under chapter 490.
  119         (e) The expert testimony requirements of this subsection
  120  apply only to criminal child abuse cases and not to family court
  121  or dependency court cases.
  122         (4) For purposes of this section, “maliciously” means
  123  wrongfully, intentionally, and without legal justification or
  124  excuse. Maliciousness may be established by circumstances from
  125  which one could conclude that a reasonable parent would not have
  126  engaged in the damaging acts toward the child for any valid
  127  reason and that the primary purpose of the acts was to cause the
  128  victim unjustifiable pain or injury.
  129         Section 2. Paragraph (d) of subsection (1) of section
  130  775.084, Florida Statutes, is amended to read:
  131         775.084 Violent career criminals; habitual felony offenders
  132  and habitual violent felony offenders; three-time violent felony
  133  offenders; definitions; procedure; enhanced penalties or
  134  mandatory minimum prison terms.—
  135         (1) As used in this act:
  136         (d) “Violent career criminal” means a defendant for whom
  137  the court must impose imprisonment pursuant to paragraph (4)(d),
  138  if it finds that:
  139         1. The defendant has previously been convicted as an adult
  140  three or more times for an offense in this state or other
  141  qualified offense that is:
  142         a. Any forcible felony, as described in s. 776.08;
  143         b. Aggravated stalking, as described in s. 784.048(3) and
  144  (4);
  145         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  146         d. Aggravated abuse of an elderly person or disabled adult,
  147  as described in s. 825.102(2);
  148         e. Lewd or lascivious battery, lewd or lascivious
  149  molestation, lewd or lascivious conduct, or lewd or lascivious
  150  exhibition, as described in s. 800.04 or s. 847.0135(5);
  151         f. Escape, as described in s. 944.40; or
  152         g. A felony violation of chapter 790 involving the use or
  153  possession of a firearm.
  154         2. The defendant has been incarcerated in a state prison or
  155  a federal prison.
  156         3. The primary felony offense for which the defendant is to
  157  be sentenced is a felony enumerated in subparagraph 1. and was
  158  committed on or after October 1, 1995, and:
  159         a. While the defendant was serving a prison sentence or
  160  other sentence, or court-ordered or lawfully imposed supervision
  161  that is imposed as a result of a prior conviction for an
  162  enumerated felony; or
  163         b. Within 5 years after the conviction of the last prior
  164  enumerated felony, or within 5 years after the defendant’s
  165  release from a prison sentence, probation, community control,
  166  control release, conditional release, parole, or court-ordered
  167  or lawfully imposed supervision or other sentence that is
  168  imposed as a result of a prior conviction for an enumerated
  169  felony, whichever is later.
  170         4. The defendant has not received a pardon for any felony
  171  or other qualified offense that is necessary for the operation
  172  of this paragraph.
  173         5. A conviction of a felony or other qualified offense
  174  necessary to the operation of this paragraph has not been set
  175  aside in any postconviction proceeding.
  176         Section 3. Subsection (1) of section 775.0877, Florida
  177  Statutes, is amended to read:
  178         775.0877 Criminal transmission of HIV; procedures;
  179  penalties.—
  180         (1) In any case in which a person has been convicted of or
  181  has pled nolo contendere or guilty to, regardless of whether
  182  adjudication is withheld, any of the following offenses, or the
  183  attempt thereof, which offense or attempted offense involves the
  184  transmission of body fluids from one person to another:
  185         (a) Section 794.011, relating to sexual battery;
  186         (b) Section 826.04, relating to incest;
  187         (c) Section 800.04, relating to lewd or lascivious offenses
  188  committed upon or in the presence of persons less than 16 years
  189  of age;
  190         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  191  relating to assault;
  192         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  193  relating to aggravated assault;
  194         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  195  relating to battery;
  196         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  197  relating to aggravated battery;
  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         (j) Section 825.102(1), relating to abuse of an elderly
  202  person or disabled adult;
  203         (k) Section 825.102(2), relating to aggravated abuse of an
  204  elderly person or disabled adult;
  205         (l) Section 827.071, relating to sexual performance by
  206  person less than 18 years of age;
  207         (m) Sections 796.03, 796.07, and 796.08, relating to
  208  prostitution; or
  209         (n) Section 381.0041(11)(b), relating to donation of blood,
  210  plasma, organs, skin, or other human tissue,
  211  
  212  the court shall order the offender to undergo HIV testing, to be
  213  performed under the direction of the Department of Health in
  214  accordance with s. 381.004, unless the offender has undergone
  215  HIV testing voluntarily or pursuant to procedures established in
  216  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  217  rule providing for HIV testing of criminal offenders or inmates,
  218  subsequent to her or his arrest for an offense enumerated in
  219  paragraphs (a)-(n) for which she or he was convicted or to which
  220  she or he pled nolo contendere or guilty. The results of an HIV
  221  test performed on an offender pursuant to this subsection are
  222  not admissible in any criminal proceeding arising out of the
  223  alleged offense.
  224         Section 4. Subsection (3) of section 782.07, Florida
  225  Statutes, is amended to read:
  226         782.07 Manslaughter; aggravated manslaughter of an elderly
  227  person or disabled adult; aggravated manslaughter of a child;
  228  aggravated manslaughter of an officer, a firefighter, an
  229  emergency medical technician, or a paramedic.—
  230         (3) A person who causes the death of any person under the
  231  age of 18 by culpable negligence under s. 827.03(2)(b)(3)
  232  commits aggravated manslaughter of a child, a felony of the
  233  first degree, punishable as provided in s. 775.082, s. 775.083,
  234  or s. 775.084.
  235         Section 5. Paragraphs (f), (g), and (i) of subsection (3)
  236  of section 921.0022, Florida Statutes, are amended to read:
  237         921.0022 Criminal Punishment Code; offense severity ranking
  238  chart.—
  239         (3) OFFENSE SEVERITY RANKING CHART
  240         (f) LEVEL 6
  241  FloridaStatute   FelonyDegree                Description                 
  242  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
  243  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
  244  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  245  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  246  775.0875(1)        3rd   Taking firearm from law enforcement officer.
  247  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
  248  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
  249  784.041            3rd   Felony battery; domestic battery by strangulation.
  250  784.048(3)         3rd   Aggravated stalking; credible threat.       
  251  784.048(5)         3rd   Aggravated stalking of person under 16.     
  252  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer.
  253  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
  254  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
  255  784.081(2)         2nd   Aggravated assault on specified official or employee.
  256  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
  257  784.083(2)         2nd   Aggravated assault on code inspector.       
  258  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  259  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
  260  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  261  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  262  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  263  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  264  794.05(1)          2nd   Unlawful sexual activity with specified minor.
  265  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.
  266  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  267  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
  268  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
  269  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  270  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  271  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  272  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  273  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  274  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
  275  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  276  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  277  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  278  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  279  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  280  827.03(2)(c)827.03(1)  3rd   Abuse of a child.                           
  281  827.03(2)(d)827.03(3)(c)  3rd   Neglect of a child.                         
  282  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  283  836.05             2nd   Threats; extortion.                         
  284  836.10             2nd   Written threats to kill or do bodily injury.
  285  843.12             3rd   Aids or assists person to escape.           
  286  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  287  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  288  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  289  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  290  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.
  291  944.40             2nd   Escapes.                                    
  292  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  293  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  294  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  295         (g) LEVEL 7
  296  FloridaStatute   FelonyDegree                Description                
  297  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  298  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  299  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.
  300  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  301  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  302  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  303  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  304  456.065(2)          3rd   Practicing a health care profession without a license.
  305  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  306  458.327(1)          3rd   Practicing medicine without a license.     
  307  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  308  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  309  461.012(1)          3rd   Practicing podiatric medicine without a license.
  310  462.17              3rd   Practicing naturopathy without a license.  
  311  463.015(1)          3rd   Practicing optometry without a license.    
  312  464.016(1)          3rd   Practicing nursing without a license.      
  313  465.015(2)          3rd   Practicing pharmacy without a license.     
  314  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  315  467.201             3rd   Practicing midwifery without a license.    
  316  468.366             3rd   Delivering respiratory care services without a license.
  317  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  318  483.901(9)          3rd   Practicing medical physics without a license.
  319  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  320  484.053             3rd   Dispensing hearing aids without a license. 
  321  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.
  322  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.
  323  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  324  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  325  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  326  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  327  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  328  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  329  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  330  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  331  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  332  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  333  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  334  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  335  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  336  784.048(7)          3rd   Aggravated stalking; violation of court order.
  337  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  338  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  339  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  340  784.081(1)          1st   Aggravated battery on specified official or employee.
  341  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  342  784.083(1)          1st   Aggravated battery on code inspector.      
  343  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  344  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  345  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  346  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  347  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  348  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  349  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  350  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.
  351  796.03              2nd   Procuring any person under 16 years for prostitution.
  352  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  353  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.
  354  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  355  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  356  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  357  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  358  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  359  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.
  360  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  361  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  362  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  363  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  364  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  365  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  366  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  367  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  368  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  369  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  370  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.
  371  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  372  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.
  373  827.03(2)827.03(3)(b)   2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  374  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  375  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  376  838.015             2nd   Bribery.                                   
  377  838.016             2nd   Unlawful compensation or reward for official behavior.
  378  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  379  838.22              2nd   Bid tampering.                             
  380  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  381  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  382  872.06              2nd   Abuse of a dead human body.                
  383  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  384  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.
  385  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.
  386  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).
  387  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  388  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  389  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  390  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  391  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  392  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  393  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  394  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  395  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  396  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  397  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  398  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  399  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  400  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  401  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  402  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  403  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  404  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  405  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  406  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  407  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  408  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  409  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  410  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  411  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  412         (i) LEVEL 9
  413  FloridaStatute    FelonyDegree               Description                
  414  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
  415  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
  416  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
  417  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
  418  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
  419  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
  420  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
  421  775.0844             1st   Aggravated white collar crime.            
  422  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
  423  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
  424  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
  425  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
  426  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
  427  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
  428  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
  429  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.
  430  790.161              1st   Attempted capital destructive device offense.
  431  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
  432  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
  433  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
  434  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
  435  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
  436  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
  437  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
  438  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
  439  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
  440  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
  441  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.
  442  827.03(2)(a)827.03(2)   1st   Aggravated child abuse.                   
  443  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
  444  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
  445  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.
  446  893.135              1st   Attempted capital trafficking offense.    
  447  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
  448  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
  449  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
  450  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
  451  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
  452  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
  453  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
  454  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
  455  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
  456  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
  457  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
  458         Section 6. Subsection (1) of section 948.062, Florida
  459  Statutes, is amended to read:
  460         948.062 Reviewing and reporting serious offenses committed
  461  by offenders placed on probation or community control.—
  462         (1) The department shall review the circumstances related
  463  to an offender placed on probation or community control who has
  464  been arrested while on supervision for the following offenses:
  465         (a) Any murder as provided in s. 782.04;
  466         (b) Any sexual battery as provided in s. 794.011 or s.
  467  794.023;
  468         (c) Any sexual performance by a child as provided in s.
  469  827.071;
  470         (d) Any kidnapping, false imprisonment, or luring of a
  471  child as provided in s. 787.01, s. 787.02, or s. 787.025;
  472         (e) Any lewd and lascivious battery or lewd and lascivious
  473  molestation as provided in s. 800.04(4) or (5);
  474         (f) Any aggravated child abuse as provided in s.
  475  827.03(2)(a) s. 827.03(2);
  476         (g) Any robbery with a firearm or other deadly weapon, home
  477  invasion robbery, or carjacking as provided in s. 812.13(2)(a),
  478  s. 812.135, or s. 812.133;
  479         (h) Any aggravated stalking as provided in s. 784.048(3),
  480  (4), or (5);
  481         (i) Any forcible felony as provided in s. 776.08, committed
  482  by a any person on probation or community control who is
  483  designated as a sexual predator; or
  484         (j) Any DUI manslaughter as provided in s. 316.193(3)(c),
  485  or vehicular or vessel homicide as provided in s. 782.071 or s.
  486  782.072, committed by a any person who is on probation or
  487  community control for an offense involving death or injury
  488  resulting from a driving incident.
  489         Section 7. Paragraph (a) of subsection (3) and subsection
  490  (14) of section 960.03, Florida Statutes, are amended to read:
  491         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  492  960.01-960.28, unless the context otherwise requires, the term:
  493         (3) “Crime” means:
  494         (a) A felony or misdemeanor offense committed by either an
  495  adult or a juvenile which results in physical injury or death,
  496  including a felony or misdemeanor offense committed by either an
  497  adult or a juvenile which results in psychiatric or
  498  psychological injury to a person younger than 18 years of age
  499  who was not physically injured by the criminal act. The term
  500  also includes any such criminal act that which is committed
  501  within this state but that which falls exclusively within
  502  federal jurisdiction.
  503         (14) “Victim” means:
  504         (a) A person who suffers personal physical injury or death
  505  as a direct result of a crime;
  506         (b) A person younger than 18 years of age who was present
  507  at the scene of a crime, saw or heard the crime, and suffered a
  508  psychiatric or psychological injury because of the crime, but
  509  who was not physically injured; or
  510         (c) A person younger than 18 years of age who was the
  511  victim of a felony or misdemeanor offense that resulted in a
  512  psychiatric or psychological injury, but who was not physically
  513  injured; or
  514         (d)(c) A person against whom a forcible felony was
  515  committed and who suffers a psychiatric or psychological injury
  516  as a direct result of that crime but who does not otherwise
  517  sustain a personal physical injury or death.
  518         Section 8. This act shall take effect October 1, 2012.