Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1816
       
       
       
       
       
       
                                Barcode 883898                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/07/2012 12:56 PM       .                                
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       Senator Detert moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 376 and 377
    4  insert:
    5         Section 6.  Subsections (3) and (14) of section 960.03,
    6  Florida Statutes, are amended to read:
    7         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
    8  960.01-960.28, unless the context otherwise requires, the term:
    9         (3) “Crime” means:
   10         (a) A felony or misdemeanor offense committed by either an
   11  adult or a juvenile which results in physical injury or death or
   12  a felony or misdemeanor offense of child abuse committed by an
   13  adult or a juvenile against a person younger than 18 years of
   14  age which resulted in a mental injury, as defined in s. 39.01,
   15  but who was not physically injured by the criminal act. The
   16  mental injury to the minor must be verified by a psychologist
   17  licensed under chapter 490, by a physician licensed in this
   18  state under chapter 458 or chapter 459 and who has completed an
   19  accredited residency in psychiatry, or by a physician who has
   20  obtained certification as an expert witness pursuant to s.
   21  458.3175.
   22  
   23  The term also includes a any such criminal act that which is
   24  committed within this state but that which falls exclusively
   25  within federal jurisdiction.
   26         (b) A violation of s. 316.193, s. 316.027(1), s. 327.35(1),
   27  s. 782.071(1)(b), or s. 860.13(1)(a) which results in physical
   28  injury or death; however, an no other act involving the
   29  operation of a motor vehicle, boat, or aircraft which results in
   30  injury or death does not shall constitute a crime for the
   31  purpose of this chapter unless the injury or death was
   32  intentionally inflicted through the use of the such vehicle,
   33  boat, or aircraft or unless such vehicle, boat, or aircraft is
   34  an implement of a crime to which this act applies.
   35         (c) A criminal act committed outside of this state against
   36  a resident of this state which would have been compensable if it
   37  had occurred in this state and which occurred in a jurisdiction
   38  that does not have an eligible crime victim compensation program
   39  as the term is defined in the federal Victims of Crime Act of
   40  1984.
   41         (d) A Any violation of s. 827.071, s. 847.0135, s.
   42  847.0137, or s. 847.0138, related to online sexual exploitation
   43  and child pornography.
   44         (14) “Victim” means:
   45         (a) A person who suffers personal physical injury or death
   46  as a direct result of a crime;
   47         (b) A person younger than 18 years of age who was present
   48  at the scene of a crime, saw or heard the crime, and suffered a
   49  psychiatric or psychological injury because of the crime, but
   50  who was not physically injured; or
   51         (c) A person younger than 18 years of age who was the
   52  victim of a felony or misdemeanor offense of child abuse that
   53  resulted in a mental injury as defined by s. 39.01 but who was
   54  not physically injured; or
   55         (d)(c) A person against whom a forcible felony was
   56  committed and who suffers a psychiatric or psychological injury
   57  as a direct result of that crime but who does not otherwise
   58  sustain a personal physical injury or death.
   59  
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63  
   64         Delete line 34
   65  and insert:
   66  
   67         amending s. 960.03, F.S.; redefining the terms “crime”
   68         and “victim;” amending s. 960.198, F.S.; providing for
   69         denial of