Florida Senate - 2012 SB 184
By Senator Margolis
35-00057-12 2012184__
1 A bill to be entitled
2 An act relating to ocean lifeguards; amending s.
3 784.07, F.S.; providing a definition; providing
4 enhanced penalties for an assault or battery on an
5 ocean lifeguard; amending s. 901.15, F.S., relating to
6 arrest without warrant; conforming provisions;
7 amending s. 921.0022, F.S., and reenacting paragraph
8 (3)(d), F.S., relating to the offense severity ranking
9 chart, to conform; amending ss. 943.051 and 985.11,
10 F.S., relating to criminal justice information;
11 conforming provisions; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 784.07, Florida Statutes, is amended to
16 read:
17 784.07 Assault or battery of law enforcement officers,
18 firefighters, emergency medical care providers, public transit
19 employees or agents, or other specified officers;
20 reclassification of offenses; minimum sentences.—
21 (1) As used in this section, the term:
22 (a) “Emergency medical care provider” means an ambulance
23 driver, emergency medical technician, paramedic, registered
24 nurse, physician as defined in s. 401.23, medical director as
25 defined in s. 401.23, or any person authorized by an emergency
26 medical service licensed under chapter 401 who is engaged in the
27 performance of his or her duties. The term “emergency medical
28 care provider” also includes physicians, employees, agents, or
29 volunteers of hospitals as defined in chapter 395, who are
30 employed, under contract, or otherwise authorized by a hospital
31 to perform duties directly associated with the care and
32 treatment rendered by the hospital’s emergency department or the
33 security thereof.
34 (b) “Firefighter” means any person employed by any public
35 employer of this state whose duty it is to extinguish fires; to
36 protect life or property; or to enforce municipal, county, and
37 state fire prevention codes, as well as any law pertaining to
38 the prevention and control of fires.
39 (c) “Law enforcement explorer” means any person who is a
40 current member of a law enforcement agency’s explorer program
41 and who is performing functions other than those required to be
42 performed by sworn law enforcement officers on behalf of a law
43 enforcement agency while under the direct physical supervision
44 of a sworn officer of that agency and wearing a uniform that
45 bears at least one patch that clearly identifies the law
46 enforcement agency that he or she represents.
47 (d) “Law enforcement officer” includes a law enforcement
48 officer, a correctional officer, a correctional probation
49 officer, a part-time law enforcement officer, a part-time
50 correctional officer, an auxiliary law enforcement officer, and
51 an auxiliary correctional officer, as those terms are
52 respectively defined in s. 943.10, and any county probation
53 officer; an employee or agent of the Department of Corrections
54 who supervises or provides services to inmates; an officer of
55 the Parole Commission; a federal law enforcement officer as
56 defined in s. 901.1505; and law enforcement personnel of the
57 Fish and Wildlife Conservation Commission, the Department of
58 Environmental Protection, or the Department of Law Enforcement.
59 (e) “Public transit employees or agents” means bus
60 operators, train operators, revenue collectors, security
61 personnel, equipment maintenance personnel, or field
62 supervisors, who are employees or agents of a transit agency as
63 described in s. 812.015(1)(l).
64 (f) “Ocean lifeguard” means a lifeguard employed along the
65 coastal or intracoastal beaches and shores of the state to help
66 prevent injury or drowning of persons.
67 (2) Whenever any person is charged with knowingly
68 committing an assault or battery upon a law enforcement officer,
69 a firefighter, an emergency medical care provider, a traffic
70 accident investigation officer as described in s. 316.640, a
71 nonsworn law enforcement agency employee who is certified as an
72 agency inspector, a blood alcohol analyst, or a breath test
73 operator while such employee is in uniform and engaged in
74 processing, testing, evaluating, analyzing, or transporting a
75 person who is detained or under arrest for DUI, a law
76 enforcement explorer, a traffic infraction enforcement officer
77 as described in s. 316.640, a parking enforcement specialist as
78 defined in s. 316.640, a person licensed as a security officer
79 as defined in s. 493.6101 and wearing a uniform that bears at
80 least one patch or emblem that is visible at all times that
81 clearly identifies the employing agency and that clearly
82 identifies the person as a licensed security officer, or a
83 security officer employed by the board of trustees of a
84 community college, or an ocean lifeguard, while the officer,
85 firefighter, emergency medical care provider, traffic accident
86 investigation officer, traffic infraction enforcement officer,
87 inspector, analyst, operator, law enforcement explorer, parking
88 enforcement specialist, public transit employee or agent, or
89 security officer, or ocean lifeguard is engaged in the lawful
90 performance of his or her duties, the offense for which the
91 person is charged shall be reclassified as follows:
92 (a) In the case of assault, from a misdemeanor of the
93 second degree to a misdemeanor of the first degree.
94 (b) In the case of battery, from a misdemeanor of the first
95 degree to a felony of the third degree.
96 (c) In the case of aggravated assault, from a felony of the
97 third degree to a felony of the second degree. Notwithstanding
98 any other provision of law, any person convicted of aggravated
99 assault upon a law enforcement officer shall be sentenced to a
100 minimum term of imprisonment of 3 years.
101 (d) In the case of aggravated battery, from a felony of the
102 second degree to a felony of the first degree. Notwithstanding
103 any other provision of law, any person convicted of aggravated
104 battery of a law enforcement officer shall be sentenced to a
105 minimum term of imprisonment of 5 years.
106 (3) Any person who is convicted of a battery under
107 paragraph (2)(b) and, during the commission of the offense, such
108 person possessed:
109 (a) A “firearm” or “destructive device” as those terms are
110 defined in s. 790.001, shall be sentenced to a minimum term of
111 imprisonment of 3 years.
112 (b) A semiautomatic firearm and its high-capacity
113 detachable box magazine, as defined in s. 775.087(3), or a
114 machine gun as defined in s. 790.001, shall be sentenced to a
115 minimum term of imprisonment of 8 years.
116
117 Notwithstanding s. 948.01, adjudication of guilt or imposition
118 of sentence shall not be suspended, deferred, or withheld, and
119 the defendant is not eligible for statutory gain-time under s.
120 944.275 or any form of discretionary early release, other than
121 pardon or executive clemency, or conditional medical release
122 under s. 947.149, prior to serving the minimum sentence.
123 Section 2. Subsection (15) of section 901.15, Florida
124 Statutes, is amended to read:
125 901.15 When arrest by officer without warrant is lawful.—A
126 law enforcement officer may arrest a person without a warrant
127 when:
128 (15) There is probable cause to believe that the person has
129 committed assault upon a law enforcement officer, a firefighter,
130 an emergency medical care provider, public transit employee
131 employees or agent agents, or other specified person officers as
132 set forth in s. 784.07 or has committed assault or battery upon
133 any employee of a receiving facility as defined in s. 394.455
134 who is engaged in the lawful performance of his or her duties.
135 Section 3. For the purpose of incorporating the amendment
136 made by this act to section 784.07, Florida Statutes, in a
137 reference thereto, paragraph (d) of subsection (3) of section
138 921.0022, Florida Statutes, is reenacted, and paragraphs (f) and
139 (g) of that subsection are amended, to read:
140 921.0022 Criminal Punishment Code; offense severity ranking
141 chart.—
142 (3) OFFENSE SEVERITY RANKING CHART
143 (d) LEVEL 4
144 FloridaStatute FelonyDegree Description
145 316.1935(3)(a) 2nd 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.
146 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
147 499.0051(2) 3rd Failure to authenticate pedigree papers.
148 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
149 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
150 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
151 784.075 3rd Battery on detention or commitment facility staff.
152 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
153 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
154 784.081(3) 3rd Battery on specified official or employee.
155 784.082(3) 3rd Battery by detained person on visitor or other detainee.
156 784.083(3) 3rd Battery on code inspector.
157 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
158 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
159 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
160 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
161 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
162 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
163 790.115(2)(c) 3rd Possessing firearm on school property.
164 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
165 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
166 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
167 810.06 3rd Burglary; possession of tools.
168 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
169 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
170 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
171 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
172 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
173 817.568(2)(a) 3rd Fraudulent use of personal identification information.
174 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
175 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
176 837.02(1) 3rd Perjury in official proceedings.
177 837.021(1) 3rd Make contradictory statements in official proceedings.
178 838.022 3rd Official misconduct.
179 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
180 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
181 843.021 3rd Possession of a concealed handcuff key by a person in custody.
182 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
183 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
184 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
185 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
186 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
187 914.14(2) 3rd Witnesses accepting bribes.
188 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
189 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
190 918.12 3rd Tampering with jurors.
191 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
192 (f) LEVEL 6
193 FloridaStatute FelonyDegree Description
194 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
195 499.0051(3) 2nd Knowing forgery of pedigree papers.
196 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
197 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
198 775.0875(1) 3rd Taking firearm from law enforcement officer.
199 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
200 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
201 784.041 3rd Felony battery; domestic battery by strangulation.
202 784.048(3) 3rd Aggravated stalking; credible threat.
203 784.048(5) 3rd Aggravated stalking of person under 16.
204 784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, intake officer, etc.
205 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
206 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
207 784.081(2) 2nd Aggravated assault on specified official or employee.
208 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
209 784.083(2) 2nd Aggravated assault on code inspector.
210 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
211 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
212 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
213 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
214 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
215 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
216 794.05(1) 2nd Unlawful sexual activity with specified minor.
217 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
218 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
219 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
220 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
221 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
222 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
223 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
224 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
225 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
226 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
227 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
228 825.102(1) 3rd Abuse of an elderly person or disabled adult.
229 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
230 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
231 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
232 827.03(1) 3rd Abuse of a child.
233 827.03(3)(c) 3rd Neglect of a child.
234 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
235 836.05 2nd Threats; extortion.
236 836.10 2nd Written threats to kill or do bodily injury.
237 843.12 3rd Aids or assists person to escape.
238 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
239 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
240 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
241 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
242 944.35(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.
243 944.40 2nd Escapes.
244 944.46 3rd Harboring, concealing, aiding escaped prisoners.
245 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
246 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
247 (g) LEVEL 7
248 FloridaStatute FelonyDegree Description
249 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
250 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
251 316.1935(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.
252 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
253 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
254 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
255 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
256 456.065(2) 3rd Practicing a health care profession without a license.
257 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
258 458.327(1) 3rd Practicing medicine without a license.
259 459.013(1) 3rd Practicing osteopathic medicine without a license.
260 460.411(1) 3rd Practicing chiropractic medicine without a license.
261 461.012(1) 3rd Practicing podiatric medicine without a license.
262 462.17 3rd Practicing naturopathy without a license.
263 463.015(1) 3rd Practicing optometry without a license.
264 464.016(1) 3rd Practicing nursing without a license.
265 465.015(2) 3rd Practicing pharmacy without a license.
266 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
267 467.201 3rd Practicing midwifery without a license.
268 468.366 3rd Delivering respiratory care services without a license.
269 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
270 483.901(9) 3rd Practicing medical physics without a license.
271 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
272 484.053 3rd Dispensing hearing aids without a license.
273 494.0018(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.
274 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
275 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
276 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
277 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
278 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
279 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
280 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
281 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
282 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
283 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
284 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
285 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
286 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
287 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
288 784.048(7) 3rd Aggravated stalking; violation of court order.
289 784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, intake officer, etc.
290 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
291 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
292 784.081(1) 1st Aggravated battery on specified official or employee.
293 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
294 784.083(1) 1st Aggravated battery on code inspector.
295 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
296 790.16(1) 1st Discharge of a machine gun under specified circumstances.
297 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
298 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
299 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
300 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
301 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
302 794.08(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.
303 796.03 2nd Procuring any person under 16 years for prostitution.
304 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
305 800.04(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.
306 806.01(2) 2nd Maliciously damage structure by fire or explosive.
307 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
308 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
309 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
310 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
311 812.014(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.
312 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
313 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
314 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
315 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
316 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
317 812.131(2)(a) 2nd Robbery by sudden snatching.
318 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
319 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
320 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
321 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
322 817.2341(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.
323 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
324 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
325 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
326 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
327 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
328 838.015 2nd Bribery.
329 838.016 2nd Unlawful compensation or reward for official behavior.
330 838.021(3)(a) 2nd Unlawful harm to a public servant.
331 838.22 2nd Bid tampering.
332 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
333 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
334 872.06 2nd Abuse of a dead human body.
335 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
336 893.13(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.
337 893.13(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.
338 893.13(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).
339 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
340 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
341 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
342 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
343 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
344 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
345 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
346 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
347 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
348 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
349 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
350 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
351 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
352 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
353 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
354 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
355 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
356 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
357 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
358 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
359 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
360 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
361 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
362 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
363 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
364 Section 4. Paragraph (b) of subsection (3) of section
365 943.051, Florida Statutes, is amended to read:
366 943.051 Criminal justice information; collection and
367 storage; fingerprinting.—
368 (3)
369 (b) A minor who is charged with or found to have committed
370 the following offenses shall be fingerprinted and the
371 fingerprints shall be submitted to the department:
372 1. Assault, as defined in s. 784.011.
373 2. Battery, as defined in s. 784.03.
374 3. Carrying a concealed weapon, as defined in s. 790.01(1).
375 4. Unlawful use of destructive devices or bombs, as defined
376 in s. 790.1615(1).
377 5. Negligent treatment of children, as defined in former s.
378 827.05.
379 6. Assault or battery on a law enforcement officer, a
380 firefighter, or other specified person officers, as defined in
381 s. 784.07(2)(a) and (b).
382 7. Open carrying of a weapon, as defined in s. 790.053.
383 8. Exposure of sexual organs, as defined in s. 800.03.
384 9. Unlawful possession of a firearm, as defined in s.
385 790.22(5).
386 10. Petit theft, as defined in s. 812.014(3).
387 11. Cruelty to animals, as defined in s. 828.12(1).
388 12. Arson, as defined in s. 806.031(1).
389 13. Unlawful possession or discharge of a weapon or firearm
390 at a school-sponsored event or on school property as defined in
391 s. 790.115.
392 Section 5. Paragraph (b) of subsection (1) of section
393 985.11, Florida Statutes, is amended to read:
394 985.11 Fingerprinting and photographing.—
395 (1)
396 (b) A child who is charged with or found to have committed
397 one of the following offenses shall be fingerprinted, and the
398 fingerprints shall be submitted to the Department of Law
399 Enforcement as provided in s. 943.051(3)(b):
400 1. Assault, as defined in s. 784.011.
401 2. Battery, as defined in s. 784.03.
402 3. Carrying a concealed weapon, as defined in s. 790.01(1).
403 4. Unlawful use of destructive devices or bombs, as defined
404 in s. 790.1615(1).
405 5. Negligent treatment of children, as defined in former s.
406 827.05.
407 6. Assault on a law enforcement officer, a firefighter, or
408 other specified person officers, as defined in s. 784.07(2)(a).
409 7. Open carrying of a weapon, as defined in s. 790.053.
410 8. Exposure of sexual organs, as defined in s. 800.03.
411 9. Unlawful possession of a firearm, as defined in s.
412 790.22(5).
413 10. Petit theft, as defined in s. 812.014.
414 11. Cruelty to animals, as defined in s. 828.12(1).
415 12. Arson, resulting in bodily harm to a firefighter, as
416 defined in s. 806.031(1).
417 13. Unlawful possession or discharge of a weapon or firearm
418 at a school-sponsored event or on school property as defined in
419 s. 790.115.
420
421 A law enforcement agency may fingerprint and photograph a child
422 taken into custody upon probable cause that such child has
423 committed any other violation of law, as the agency deems
424 appropriate. Such fingerprint records and photographs shall be
425 retained by the law enforcement agency in a separate file, and
426 these records and all copies thereof must be marked “Juvenile
427 Confidential.” These records are not available for public
428 disclosure and inspection under s. 119.07(1) except as provided
429 in ss. 943.053 and 985.04(2), but shall be available to other
430 law enforcement agencies, criminal justice agencies, state
431 attorneys, the courts, the child, the parents or legal
432 custodians of the child, their attorneys, and any other person
433 authorized by the court to have access to such records. In
434 addition, such records may be submitted to the Department of Law
435 Enforcement for inclusion in the state criminal history records
436 and used by criminal justice agencies for criminal justice
437 purposes. These records may, in the discretion of the court, be
438 open to inspection by anyone upon a showing of cause. The
439 fingerprint and photograph records shall be produced in the
440 court whenever directed by the court. Any photograph taken
441 pursuant to this section may be shown by a law enforcement
442 officer to any victim or witness of a crime for the purpose of
443 identifying the person who committed such crime.
444 Section 6. This act shall take effect July 1, 2012.