Florida Senate - 2012                                    SB 1846
       
       
       
       By Senator Evers
       
       
       
       
       2-01451-12                                            20121846__
    1                        A bill to be entitled                      
    2         An act relating to criminal gang prevention; amending
    3         s. 810.0975, F.S.; providing enhanced criminal
    4         penalties for certain trespassing offenses in school
    5         safety zones by a person convicted of certain gang
    6         related offenses; amending s. 874.05, F.S.; providing
    7         enhanced criminal penalties for a person who
    8         intentionally causes, encourages, solicits, or
    9         recruits another person under a specified age to
   10         become a criminal gang member in certain
   11         circumstances; amending s. 951.23, F.S.; authorizing
   12         county and municipal detention facilities to designate
   13         an individual to be responsible for determining the
   14         gang status of each inmate entering the facility and
   15         to assess each current inmate for gang activity or
   16         gang affiliation; providing duties of such
   17         individuals; amending ss. 435.04 and 921.0022, F.S.;
   18         conforming cross-references and assigning offense
   19         severity rankings for violations of s. 874.05, F.S.;
   20         amending s. 921.0024, F.S.; revising the criteria for
   21         application of the sentencing multiplier for offenses
   22         related to criminal gangs; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 810.0975, Florida Statutes, is amended
   28  to read:
   29         810.0975 School safety zones; definition; trespass
   30  prohibited; penalty.—
   31         (1) For the purposes of this section, the term “school
   32  safety zone” means in, on, or within 500 feet of any real
   33  property owned by or leased to any public or private elementary,
   34  middle, or high school or school board and used for elementary,
   35  middle, or high school education.
   36         (2)(a) Each principal or designee of each public or private
   37  school in this state shall notify the appropriate law
   38  enforcement agency to prohibit any person from loitering in the
   39  school safety zone who does not have legitimate business in the
   40  school safety zone or any other authorization, or license to
   41  enter or remain in the school safety zone or does not otherwise
   42  have invitee status in the designated safety zone.
   43         (b)1. During the period from 1 hour prior to the start of a
   44  school session until 1 hour after the conclusion of a school
   45  session, it is unlawful for any person to enter the premises or
   46  trespass within a school safety zone or to remain on such
   47  premises or within such school safety zone when that person does
   48  not have legitimate business in the school safety zone or any
   49  other authorization, license, or invitation to enter or remain
   50  in the school safety zone.
   51         2.a.Except as provided in sub-subparagraph b., a Any
   52  person who violates this subsection commits a misdemeanor of the
   53  second degree, punishable as provided in s. 775.082 or s.
   54  775.083.
   55         b. A person who violates this subsection and who has been
   56  previously convicted of any offense contained in chapter 874
   57  commits a misdemeanor of the first degree, punishable as
   58  provided in s. 775.082 or s. 775.083.
   59         (c)1.Except as provided in subparagraph 2., a Any person
   60  who does not have legitimate business in the school safety zone
   61  or any other authorization, license, or invitation to enter or
   62  remain in the school safety zone who shall willfully fail to
   63  remove himself or herself from the school safety zone after the
   64  principal or designee, having a reasonable belief that he or she
   65  will commit a crime or is engaged in harassment or intimidation
   66  of students entering or leaving school property, requests him or
   67  her to leave the school safety zone commits a misdemeanor of the
   68  second degree, punishable as provided in s. 775.082 or s.
   69  775.083.
   70         2. A person who violates subparagraph 1. and who has been
   71  previously convicted of any offense contained in chapter 874
   72  commits a misdemeanor of the first degree, punishable as
   73  provided in s. 775.082 or s. 775.083.
   74         (3)Nothing in This section does not shall be construed to
   75  abridge or infringe upon the right of any person to peaceably
   76  assemble and protest.
   77         (4)(3) This section does not apply to residents or persons
   78  engaged in the operation of a licensed commercial business
   79  within the school safety zone.
   80         Section 2. Section 874.05, Florida Statutes, is amended to
   81  read:
   82         874.05 Causing, encouraging, soliciting, or recruiting
   83  criminal gang membership.—
   84         (1)(a) Except as provided in paragraph (b) subsection (2),
   85  a person who intentionally causes, encourages, solicits, or
   86  recruits another person to become a criminal gang member where a
   87  condition of membership or continued membership is the
   88  commission of any crime commits a felony of the third degree,
   89  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   90         (b)(2) A person who commits a second or subsequent
   91  violation of this subsection commits a felony of the second
   92  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   93  775.084.
   94         (2)(a) Except as provided in paragraph (b), a person who
   95  intentionally causes, encourages, solicits, or recruits another
   96  person under 13 years of age to become a criminal gang member
   97  where a condition of membership or continued membership is the
   98  commission of any crime commits a felony of the second degree,
   99  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  100         (b) A person who commits a second or subsequent violation
  101  of this subsection commits a felony of the first degree,
  102  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
  103  and s. 921.243.
  104         Section 3. Subsection (11) is added to section 951.23,
  105  Florida Statutes, to read:
  106         951.23 County and municipal detention facilities;
  107  definitions; administration; standards and requirements.—
  108         (11) GANG STATUS OF INMATES.—A county or municipal
  109  detention facility may designate an individual to be responsible
  110  for determining the gang status of each inmate entering the
  111  facility using the criteria in s. 874.03 and assess each current
  112  inmate for any gang activity or gang affiliation using those
  113  criteria. The individual should at least once biweekly reconcile
  114  information with the arresting law enforcement agency and the
  115  statewide criminal gang database.
  116         Section 4. Paragraph (qq) of subsection (2) of section
  117  435.04, Florida Statutes, is amended to read:
  118         435.04 Level 2 screening standards.—
  119         (2) The security background investigations under this
  120  section must ensure that no persons subject to the provisions of
  121  this section have been arrested for and are awaiting final
  122  disposition of, have been found guilty of, regardless of
  123  adjudication, or entered a plea of nolo contendere or guilty to,
  124  or have been adjudicated delinquent and the record has not been
  125  sealed or expunged for, any offense prohibited under any of the
  126  following provisions of state law or similar law of another
  127  jurisdiction:
  128         (qq) Section 874.05(1), relating to encouraging or
  129  recruiting another to join a criminal gang.
  130         Section 5. Paragraphs (d), (e), and (g) of subsection (3)
  131  of section 921.0022, Florida Statutes, are amended to read:
  132         921.0022 Criminal Punishment Code; offense severity ranking
  133  chart.—
  134         (3) OFFENSE SEVERITY RANKING CHART
  135         (d) LEVEL 4
  136  FloridaStatute   FelonyDegree                Description                 
  137  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.
  138  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
  139  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
  140  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  141  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
  142  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
  143  784.075            3rd   Battery on detention or commitment facility staff.
  144  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  145  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
  146  784.081(3)         3rd   Battery on specified official or employee.  
  147  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
  148  784.083(3)         3rd   Battery on code inspector.                  
  149  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  150  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
  151  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  152  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  153  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  154  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  155  790.115(2)(c)      3rd   Possessing firearm on school property.      
  156  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
  157  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  158  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  159  810.06             3rd   Burglary; possession of tools.              
  160  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
  161  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  162  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  163  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  164  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  165  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
  166  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
  167  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  168  837.02(1)          3rd   Perjury in official proceedings.            
  169  837.021(1)         3rd   Make contradictory statements in official proceedings.
  170  838.022            3rd   Official misconduct.                        
  171  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
  172  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
  173  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
  174  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  175  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  176  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  177  874.05(1)(a)       3rd   Encouraging or recruiting another to join a criminal gang.
  178  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).
  179  914.14(2)          3rd   Witnesses accepting bribes.                 
  180  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  181  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  182  918.12             3rd   Tampering with jurors.                      
  183  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  184         (e) LEVEL 5
  185  FloridaStatute   FelonyDegree                Description                 
  186  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  187  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
  188  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  189  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
  190  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
  191  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
  192  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  193  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  194  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  195  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
  196  790.01(2)          3rd   Carrying a concealed firearm.               
  197  790.162            2nd   Threat to throw or discharge destructive device.
  198  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
  199  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
  200  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  201  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
  202  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
  203  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  204  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  205  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  206  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
  207  812.131(2)(b)      3rd   Robbery by sudden snatching.                
  208  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
  209  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
  210  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  211  817.2341(1), (2)(a) & (3)(a)  3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  212  817.568(2)(b)      2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
  213  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  214  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  215  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  216  827.071(5)         3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  217  839.13(2)(b)       2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  218  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
  219  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  220  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  221  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  222  874.05(1)(b)874.05(2)  2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  223  874.05(2)(a)       2nd   Encouraging or recruiting person under 13 to join a criminal gang.
  224  893.13(1)(a)1.     2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  225  893.13(1)(c)2.     2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  226  893.13(1)(d)1.     1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  227  893.13(1)(e)2.     2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  228  893.13(1)(f)1.     1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  229  893.13(4)(b)       2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  230  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  231         (g) LEVEL 7
  232  FloridaStatute   FelonyDegree                Description                
  233  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  234  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  235  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.
  236  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  237  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  238  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  239  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  240  456.065(2)          3rd   Practicing a health care profession without a license.
  241  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  242  458.327(1)          3rd   Practicing medicine without a license.     
  243  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  244  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  245  461.012(1)          3rd   Practicing podiatric medicine without a license.
  246  462.17              3rd   Practicing naturopathy without a license.  
  247  463.015(1)          3rd   Practicing optometry without a license.    
  248  464.016(1)          3rd   Practicing nursing without a license.      
  249  465.015(2)          3rd   Practicing pharmacy without a license.     
  250  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  251  467.201             3rd   Practicing midwifery without a license.    
  252  468.366             3rd   Delivering respiratory care services without a license.
  253  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  254  483.901(9)          3rd   Practicing medical physics without a license.
  255  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  256  484.053             3rd   Dispensing hearing aids without a license. 
  257  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.
  258  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.
  259  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  260  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  261  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  262  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  263  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  264  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  265  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  266  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  267  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  268  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  269  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  270  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  271  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  272  784.048(7)          3rd   Aggravated stalking; violation of court order.
  273  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
  274  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  275  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  276  784.081(1)          1st   Aggravated battery on specified official or employee.
  277  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  278  784.083(1)          1st   Aggravated battery on code inspector.      
  279  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  280  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  281  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  282  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  283  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  284  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  285  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  286  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.
  287  796.03              2nd   Procuring any person under 16 years for prostitution.
  288  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  289  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.
  290  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  291  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  292  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  293  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  294  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  295  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.
  296  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  297  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  298  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  299  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  300  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  301  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  302  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  303  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  304  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  305  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  306  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.
  307  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  308  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.
  309  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  310  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  311  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  312  838.015             2nd   Bribery.                                   
  313  838.016             2nd   Unlawful compensation or reward for official behavior.
  314  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  315  838.22              2nd   Bid tampering.                             
  316  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  317  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  318  872.06              2nd   Abuse of a dead human body.                
  319  874.05(2)(b)        1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  320  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  321  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.
  322  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.
  323  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).
  324  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  325  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  326  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  327  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  328  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  329  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  330  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  331  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  332  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  333  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  334  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  335  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  336  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  337  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  338  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  339  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  340  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  341  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  342  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  343  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  344  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  345  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  346  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  347  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  348  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  349         Section 6. Paragraph (b) of subsection (1) of section
  350  921.0024, Florida Statutes, is amended to read:
  351         921.0024 Criminal Punishment Code; worksheet computations;
  352  scoresheets.—
  353         (1)
  354         (b) WORKSHEET KEY:
  355  
  356  Legal status points are assessed when any form of legal status
  357  existed at the time the offender committed an offense before the
  358  court for sentencing. Four (4) sentence points are assessed for
  359  an offender’s legal status.
  360  
  361  Community sanction violation points are assessed when a
  362  community sanction violation is before the court for sentencing.
  363  Six (6) sentence points are assessed for each community sanction
  364  violation and each successive community sanction violation,
  365  unless any of the following apply:
  366         1. If the community sanction violation includes a new
  367  felony conviction before the sentencing court, twelve (12)
  368  community sanction violation points are assessed for the
  369  violation, and for each successive community sanction violation
  370  involving a new felony conviction.
  371         2. If the community sanction violation is committed by a
  372  violent felony offender of special concern as defined in s.
  373  948.06:
  374         a. Twelve (12) community sanction violation points are
  375  assessed for the violation and for each successive violation of
  376  felony probation or community control where:
  377         (I) The violation does not include a new felony conviction;
  378  and
  379         (II) The community sanction violation is not based solely
  380  on the probationer or offender’s failure to pay costs or fines
  381  or make restitution payments.
  382         b. Twenty-four (24) community sanction violation points are
  383  assessed for the violation and for each successive violation of
  384  felony probation or community control where the violation
  385  includes a new felony conviction.
  386  
  387  Multiple counts of community sanction violations before the
  388  sentencing court shall not be a basis for multiplying the
  389  assessment of community sanction violation points.
  390  
  391  Prior serious felony points: If the offender has a primary
  392  offense or any additional offense ranked in level 8, level 9, or
  393  level 10, and one or more prior serious felonies, a single
  394  assessment of thirty (30) points shall be added. For purposes of
  395  this section, a prior serious felony is an offense in the
  396  offender’s prior record that is ranked in level 8, level 9, or
  397  level 10 under s. 921.0022 or s. 921.0023 and for which the
  398  offender is serving a sentence of confinement, supervision, or
  399  other sanction or for which the offender’s date of release from
  400  confinement, supervision, or other sanction, whichever is later,
  401  is within 3 years before the date the primary offense or any
  402  additional offense was committed.
  403  
  404  Prior capital felony points: If the offender has one or more
  405  prior capital felonies in the offender’s criminal record, points
  406  shall be added to the subtotal sentence points of the offender
  407  equal to twice the number of points the offender receives for
  408  the primary offense and any additional offense. A prior capital
  409  felony in the offender’s criminal record is a previous capital
  410  felony offense for which the offender has entered a plea of nolo
  411  contendere or guilty or has been found guilty; or a felony in
  412  another jurisdiction which is a capital felony in that
  413  jurisdiction, or would be a capital felony if the offense were
  414  committed in this state.
  415  
  416  Possession of a firearm, semiautomatic firearm, or machine gun:
  417  If the offender is convicted of committing or attempting to
  418  commit any felony other than those enumerated in s. 775.087(2)
  419  while having in his or her possession: a firearm as defined in
  420  s. 790.001(6), an additional eighteen (18) sentence points are
  421  assessed; or if the offender is convicted of committing or
  422  attempting to commit any felony other than those enumerated in
  423  s. 775.087(3) while having in his or her possession a
  424  semiautomatic firearm as defined in s. 775.087(3) or a machine
  425  gun as defined in s. 790.001(9), an additional twenty-five (25)
  426  sentence points are assessed.
  427  
  428  Sentencing multipliers:
  429  
  430  Drug trafficking: If the primary offense is drug trafficking
  431  under s. 893.135, the subtotal sentence points are multiplied,
  432  at the discretion of the court, for a level 7 or level 8
  433  offense, by 1.5. The state attorney may move the sentencing
  434  court to reduce or suspend the sentence of a person convicted of
  435  a level 7 or level 8 offense, if the offender provides
  436  substantial assistance as described in s. 893.135(4).
  437  
  438  Law enforcement protection: If the primary offense is a
  439  violation of the Law Enforcement Protection Act under s.
  440  775.0823(2), (3), or (4), the subtotal sentence points are
  441  multiplied by 2.5. If the primary offense is a violation of s.
  442  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  443  are multiplied by 2.0. If the primary offense is a violation of
  444  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  445  Protection Act under s. 775.0823(10) or (11), the subtotal
  446  sentence points are multiplied by 1.5.
  447  
  448  Grand theft of a motor vehicle: If the primary offense is grand
  449  theft of the third degree involving a motor vehicle and in the
  450  offender’s prior record, there are three or more grand thefts of
  451  the third degree involving a motor vehicle, the subtotal
  452  sentence points are multiplied by 1.5.
  453  
  454  Offense related to a criminal gang: If the offender is convicted
  455  of the primary offense and committed that offense for the
  456  purpose of benefiting, promoting, or furthering the interests of
  457  a criminal gang as defined in s. 874.03 prohibited under s.
  458  874.04, the subtotal sentence points are multiplied by 1.5.
  459  
  460  Domestic violence in the presence of a child: If the offender is
  461  convicted of the primary offense and the primary offense is a
  462  crime of domestic violence, as defined in s. 741.28, which was
  463  committed in the presence of a child under 16 years of age who
  464  is a family or household member as defined in s. 741.28(3) with
  465  the victim or perpetrator, the subtotal sentence points are
  466  multiplied by 1.5.
  467         Section 7. This act shall take effect October 1, 2012.