Florida Senate - 2012                                     SB 194
       
       
       
       By Senator Wise
       
       
       
       
       5-00062A-12                                            2012194__
    1                        A bill to be entitled                      
    2         An act relating to assault or battery on a utility
    3         worker; amending s. 784.07, F.S.; defining the term
    4         “utility worker”; providing for reclassification of
    5         certain offenses committed against a utility worker;
    6         amending ss. 901.15, 943.051, 985.11, and 985.644,
    7         F.S.; conforming provisions to changes made by the
    8         act; reenacting and amending s. 921.0022(3)(d), (f),
    9         and (g), F.S., relating to the offense severity
   10         ranking chart of the Criminal Punishment Code, to
   11         incorporate the amendment made to s. 784.07, F.S., in
   12         references thereto; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 784.07, Florida Statutes, is amended to
   17  read:
   18         784.07 Assault or battery of law enforcement officers,
   19  firefighters, emergency medical care providers, public transit
   20  employees or agents, or other specified persons officers;
   21  reclassification of offenses; minimum sentences.—
   22         (1) As used in this section, the term:
   23         (a) “Emergency medical care provider” means an ambulance
   24  driver, emergency medical technician, paramedic, registered
   25  nurse, physician as defined in s. 401.23, medical director as
   26  defined in s. 401.23, or any person authorized by an emergency
   27  medical service licensed under chapter 401 who is engaged in the
   28  performance of his or her duties. The term “emergency medical
   29  care provider” also includes physicians, employees, agents, or
   30  volunteers of hospitals as defined in chapter 395, who are
   31  employed, under contract, or otherwise authorized by a hospital
   32  to perform duties directly associated with the care and
   33  treatment rendered by the hospital’s emergency department or the
   34  security thereof.
   35         (b) “Firefighter” means any person employed by any public
   36  employer of this state whose duty it is to extinguish fires; to
   37  protect life or property; or to enforce municipal, county, and
   38  state fire prevention codes, as well as any law pertaining to
   39  the prevention and control of fires.
   40         (c) “Law enforcement explorer” means any person who is a
   41  current member of a law enforcement agency’s explorer program
   42  and who is performing functions other than those required to be
   43  performed by sworn law enforcement officers on behalf of a law
   44  enforcement agency while under the direct physical supervision
   45  of a sworn officer of that agency and wearing a uniform that
   46  bears at least one patch that clearly identifies the law
   47  enforcement agency that he or she represents.
   48         (d) “Law enforcement officer” includes a law enforcement
   49  officer, a correctional officer, a correctional probation
   50  officer, a part-time law enforcement officer, a part-time
   51  correctional officer, an auxiliary law enforcement officer, and
   52  an auxiliary correctional officer, as those terms are
   53  respectively defined in s. 943.10, and any county probation
   54  officer; an employee or agent of the Department of Corrections
   55  who supervises or provides services to inmates; an officer of
   56  the Parole Commission; a federal law enforcement officer as
   57  defined in s. 901.1505; and law enforcement personnel of the
   58  Fish and Wildlife Conservation Commission, the Department of
   59  Environmental Protection, or the Department of Law Enforcement.
   60         (e) “Public transit employees or agents” means bus
   61  operators, train operators, revenue collectors, security
   62  personnel, equipment maintenance personnel, or field
   63  supervisors, who are employees or agents of a transit agency as
   64  described in s. 812.015(1)(l).
   65         (f) “Utility worker” means a person under contract with or
   66  employed by an entity that owns, operates, leases, or controls a
   67  plant, property, or facility for the generation, transmission,
   68  manufacture, production, supply, distribution, sale, storage,
   69  conveyance, delivery, or furnishing to or for the public of
   70  electricity, natural or manufactured gas, water, steam, sewage,
   71  telephone, or communications service, including two or more
   72  utilities rendering joint service.
   73         (2) Whenever any person is charged with knowingly
   74  committing an assault or battery upon a law enforcement officer,
   75  a firefighter, an emergency medical care provider, a traffic
   76  accident investigation officer as described in s. 316.640, a
   77  nonsworn law enforcement agency employee who is certified as an
   78  agency inspector, a blood alcohol analyst, or a breath test
   79  operator while such employee is in uniform and engaged in
   80  processing, testing, evaluating, analyzing, or transporting a
   81  person who is detained or under arrest for DUI, a law
   82  enforcement explorer, a traffic infraction enforcement officer
   83  as described in s. 316.640, a parking enforcement specialist as
   84  defined in s. 316.640, a person licensed as a security officer
   85  as defined in s. 493.6101 and wearing a uniform that bears at
   86  least one patch or emblem that is visible at all times that
   87  clearly identifies the employing agency and that clearly
   88  identifies the person as a licensed security officer, or a
   89  security officer employed by the board of trustees of a
   90  community college, or a utility worker, while the officer,
   91  firefighter, emergency medical care provider, traffic accident
   92  investigation officer, traffic infraction enforcement officer,
   93  inspector, analyst, operator, law enforcement explorer, parking
   94  enforcement specialist, public transit employee or agent, or
   95  security officer, or utility worker is engaged in the lawful
   96  performance of his or her duties, the offense for which the
   97  person is charged shall be reclassified as follows:
   98         (a) In the case of assault, from a misdemeanor of the
   99  second degree to a misdemeanor of the first degree.
  100         (b) In the case of battery, from a misdemeanor of the first
  101  degree to a felony of the third degree.
  102         (c) In the case of aggravated assault, from a felony of the
  103  third degree to a felony of the second degree. Notwithstanding
  104  any other provision of law, any person convicted of aggravated
  105  assault upon a law enforcement officer shall be sentenced to a
  106  minimum term of imprisonment of 3 years.
  107         (d) In the case of aggravated battery, from a felony of the
  108  second degree to a felony of the first degree. Notwithstanding
  109  any other provision of law, any person convicted of aggravated
  110  battery of a law enforcement officer shall be sentenced to a
  111  minimum term of imprisonment of 5 years.
  112         (3) Any person who is convicted of a battery under
  113  paragraph (2)(b) and, during the commission of the offense, such
  114  person possessed:
  115         (a) A “firearm” or “destructive device” as those terms are
  116  defined in s. 790.001, shall be sentenced to a minimum term of
  117  imprisonment of 3 years.
  118         (b) A semiautomatic firearm and its high-capacity
  119  detachable box magazine, as defined in s. 775.087(3), or a
  120  machine gun as defined in s. 790.001, shall be sentenced to a
  121  minimum term of imprisonment of 8 years.
  122  
  123  Notwithstanding s. 948.01, adjudication of guilt or imposition
  124  of sentence shall not be suspended, deferred, or withheld, and
  125  the defendant is not eligible for statutory gain-time under s.
  126  944.275 or any form of discretionary early release, other than
  127  pardon or executive clemency, or conditional medical release
  128  under s. 947.149, prior to serving the minimum sentence.
  129         Section 2. Subsection (15) of section 901.15, Florida
  130  Statutes, is amended to read:
  131         901.15 When arrest by officer without warrant is lawful.—A
  132  law enforcement officer may arrest a person without a warrant
  133  when:
  134         (15) There is probable cause to believe that the person has
  135  committed assault upon a law enforcement officer, a firefighter,
  136  an emergency medical care provider, public transit employees or
  137  agents, or other specified persons officers as set forth in s.
  138  784.07 or has committed assault or battery upon any employee of
  139  a receiving facility as defined in s. 394.455 who is engaged in
  140  the lawful performance of his or her duties.
  141         Section 3. Paragraph (b) of subsection (3) of section
  142  943.051, Florida Statutes, is amended to read:
  143         943.051 Criminal justice information; collection and
  144  storage; fingerprinting.—
  145         (3)
  146         (b) A minor who is charged with or found to have committed
  147  the following offenses shall be fingerprinted and the
  148  fingerprints shall be submitted to the department:
  149         1. Assault, as defined in s. 784.011.
  150         2. Battery, as defined in s. 784.03.
  151         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  152         4. Unlawful use of destructive devices or bombs, as defined
  153  in s. 790.1615(1).
  154         5. Negligent treatment of children, as defined in former s.
  155  827.05.
  156         6. Assault or battery on a law enforcement officer, a
  157  firefighter, or other specified persons officers, as defined in
  158  s. 784.07(2)(a) and (b).
  159         7. Open carrying of a weapon, as defined in s. 790.053.
  160         8. Exposure of sexual organs, as defined in s. 800.03.
  161         9. Unlawful possession of a firearm, as defined in s.
  162  790.22(5).
  163         10. Petit theft, as defined in s. 812.014(3).
  164         11. Cruelty to animals, as defined in s. 828.12(1).
  165         12. Arson, as defined in s. 806.031(1).
  166         13. Unlawful possession or discharge of a weapon or firearm
  167  at a school-sponsored event or on school property as defined in
  168  s. 790.115.
  169         Section 4. Paragraph (b) of subsection (1) of section
  170  985.11, Florida Statutes, is amended to read:
  171         985.11 Fingerprinting and photographing.—
  172         (1)
  173         (b) A child who is charged with or found to have committed
  174  one of the following offenses shall be fingerprinted, and the
  175  fingerprints shall be submitted to the Department of Law
  176  Enforcement as provided in s. 943.051(3)(b):
  177         1. Assault, as defined in s. 784.011.
  178         2. Battery, as defined in s. 784.03.
  179         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  180         4. Unlawful use of destructive devices or bombs, as defined
  181  in s. 790.1615(1).
  182         5. Negligent treatment of children, as defined in former s.
  183  827.05.
  184         6. Assault on a law enforcement officer, a firefighter, or
  185  other specified persons officers, as defined in s. 784.07(2)(a).
  186         7. Open carrying of a weapon, as defined in s. 790.053.
  187         8. Exposure of sexual organs, as defined in s. 800.03.
  188         9. Unlawful possession of a firearm, as defined in s.
  189  790.22(5).
  190         10. Petit theft, as defined in s. 812.014.
  191         11. Cruelty to animals, as defined in s. 828.12(1).
  192         12. Arson, resulting in bodily harm to a firefighter, as
  193  defined in s. 806.031(1).
  194         13. Unlawful possession or discharge of a weapon or firearm
  195  at a school-sponsored event or on school property as defined in
  196  s. 790.115.
  197  
  198  A law enforcement agency may fingerprint and photograph a child
  199  taken into custody upon probable cause that such child has
  200  committed any other violation of law, as the agency deems
  201  appropriate. Such fingerprint records and photographs shall be
  202  retained by the law enforcement agency in a separate file, and
  203  these records and all copies thereof must be marked “Juvenile
  204  Confidential.” These records are not available for public
  205  disclosure and inspection under s. 119.07(1) except as provided
  206  in ss. 943.053 and 985.04(2), but shall be available to other
  207  law enforcement agencies, criminal justice agencies, state
  208  attorneys, the courts, the child, the parents or legal
  209  custodians of the child, their attorneys, and any other person
  210  authorized by the court to have access to such records. In
  211  addition, such records may be submitted to the Department of Law
  212  Enforcement for inclusion in the state criminal history records
  213  and used by criminal justice agencies for criminal justice
  214  purposes. These records may, in the discretion of the court, be
  215  open to inspection by anyone upon a showing of cause. The
  216  fingerprint and photograph records shall be produced in the
  217  court whenever directed by the court. Any photograph taken
  218  pursuant to this section may be shown by a law enforcement
  219  officer to any victim or witness of a crime for the purpose of
  220  identifying the person who committed such crime.
  221         Section 5. Paragraph (a) of subsection (3) of section
  222  985.644, Florida Statutes, is amended to read:
  223         985.644 Departmental contracting powers; personnel
  224  standards and screening.—
  225         (3)(a) All employees of the department and all personnel of
  226  contract providers for any program for children, including all
  227  owners, operators, employees, persons who have access to
  228  confidential juvenile records, and volunteers, must complete:
  229         1. A level 2 employment screening pursuant to chapter 435
  230  before employment. The security background investigation
  231  conducted under this section must ensure that, in addition to
  232  the disqualifying offenses listed in s. 435.04, no person
  233  subject to the background screening provisions of this section
  234  has an arrest awaiting final disposition for, been found guilty
  235  of, regardless of adjudication, or entered a plea of nolo
  236  contendere or guilty to, or been adjudicated delinquent and the
  237  record has not been sealed or expunged for, any offense
  238  prohibited under the following provisions of state law or
  239  similar laws of another jurisdiction:
  240         a. Section 784.07, relating to assault or battery of law
  241  enforcement officers, firefighters, emergency medical care
  242  providers, public transit employees or agents, or other
  243  specified persons officers.
  244         b. Section 817.568, relating to criminal use of personal
  245  identification information.
  246         2. A national criminal records check by the Federal Bureau
  247  of Investigation every 5 years following the date of the
  248  person’s employment.
  249         Section 6. For the purpose of incorporating the amendments
  250  made by this act to section 784.07, Florida Statutes, in a
  251  references thereto, paragraphs (d), (f), and (g) of subsection
  252  (3) of section 921.0022, Florida Statutes, are reenacted and
  253  amended to read:
  254         921.0022 Criminal Punishment Code; offense severity ranking
  255  chart.—
  256         (3) OFFENSE SEVERITY RANKING CHART
  257         (d) LEVEL 4
  258  FloridaStatute   FelonyDegree                Description                 
  259  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.
  260  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
  261  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
  262  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  263  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
  264  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
  265  784.075            3rd   Battery on detention or commitment facility staff.
  266  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  267  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
  268  784.081(3)         3rd   Battery on specified official or employee.  
  269  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
  270  784.083(3)         3rd   Battery on code inspector.                  
  271  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  272  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
  273  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  274  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  275  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  276  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  277  790.115(2)(c)      3rd   Possessing firearm on school property.      
  278  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
  279  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  280  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  281  810.06             3rd   Burglary; possession of tools.              
  282  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
  283  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  284  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  285  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  286  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  287  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
  288  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
  289  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  290  837.02(1)          3rd   Perjury in official proceedings.            
  291  837.021(1)         3rd   Make contradictory statements in official proceedings.
  292  838.022            3rd   Official misconduct.                        
  293  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
  294  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
  295  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
  296  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  297  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  298  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  299  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
  300  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).
  301  914.14(2)          3rd   Witnesses accepting bribes.                 
  302  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  303  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  304  918.12             3rd   Tampering with jurors.                      
  305  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  306         (f) LEVEL 6
  307  FloridaStatute   FelonyDegree                Description                 
  308  316.193(2)(b)      3rd   Felony DUI, 4th or subsequent conviction.   
  309  499.0051(3)        2nd   Knowing forgery of pedigree papers.         
  310  499.0051(4)        2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  311  499.0051(5)        2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  312  775.0875(1)        3rd   Taking firearm from law enforcement officer.
  313  784.021(1)(a)      3rd   Aggravated assault; deadly weapon without intent to kill.
  314  784.021(1)(b)      3rd   Aggravated assault; intent to commit felony.
  315  784.041            3rd   Felony battery; domestic battery by strangulation.
  316  784.048(3)         3rd   Aggravated stalking; credible threat.       
  317  784.048(5)         3rd   Aggravated stalking of person under 16.     
  318  784.07(2)(c)       2nd   Aggravated assault on law enforcement officer, firefighter, etc.
  319  784.074(1)(b)      2nd   Aggravated assault on sexually violent predators facility staff.
  320  784.08(2)(b)       2nd   Aggravated assault on a person 65 years of age or older.
  321  784.081(2)         2nd   Aggravated assault on specified official or employee.
  322  784.082(2)         2nd   Aggravated assault by detained person on visitor or other detainee.
  323  784.083(2)         2nd   Aggravated assault on code inspector.       
  324  787.02(2)          3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  325  790.115(2)(d)      2nd   Discharging firearm or weapon on school property.
  326  790.161(2)         2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  327  790.164(1)         2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  328  790.19             2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  329  794.011(8)(a)      3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  330  794.05(1)          2nd   Unlawful sexual activity with specified minor.
  331  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.
  332  800.04(6)(b)       2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  333  806.031(2)         2nd   Arson resulting in great bodily harm to firefighter or any other person.
  334  810.02(3)(c)       2nd   Burglary of occupied structure; unarmed; no assault or battery.
  335  812.014(2)(b)1.    2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  336  812.014(6)         2nd   Theft; property stolen $3,000 or more; coordination of others.
  337  812.015(9)(a)      2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  338  812.015(9)(b)      2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  339  812.13(2)(c)       2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  340  817.034(4)(a)1.    1st   Communications fraud, value greater than $50,000.
  341  817.4821(5)        2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  342  825.102(1)         3rd   Abuse of an elderly person or disabled adult.
  343  825.102(3)(c)      3rd   Neglect of an elderly person or disabled adult.
  344  825.1025(3)        3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  345  825.103(2)(c)      3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  346  827.03(1)          3rd   Abuse of a child.                           
  347  827.03(3)(c)       3rd   Neglect of a child.                         
  348  827.071(2) & (3)   2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  349  836.05             2nd   Threats; extortion.                         
  350  836.10             2nd   Written threats to kill or do bodily injury.
  351  843.12             3rd   Aids or assists person to escape.           
  352  847.011            3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  353  847.012            3rd   Knowingly using a minor in the production of materials harmful to minors.
  354  847.0135(2)        3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  355  914.23             2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  356  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.
  357  944.40             2nd   Escapes.                                    
  358  944.46             3rd   Harboring, concealing, aiding escaped prisoners.
  359  944.47(1)(a)5.     2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  360  951.22(1)          3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  361         (g) LEVEL 7
  362  FloridaStatute   FelonyDegree                Description                
  363  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
  364  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
  365  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.
  366  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
  367  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  368  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
  369  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  370  456.065(2)          3rd   Practicing a health care profession without a license.
  371  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
  372  458.327(1)          3rd   Practicing medicine without a license.     
  373  459.013(1)          3rd   Practicing osteopathic medicine without a license.
  374  460.411(1)          3rd   Practicing chiropractic medicine without a license.
  375  461.012(1)          3rd   Practicing podiatric medicine without a license.
  376  462.17              3rd   Practicing naturopathy without a license.  
  377  463.015(1)          3rd   Practicing optometry without a license.    
  378  464.016(1)          3rd   Practicing nursing without a license.      
  379  465.015(2)          3rd   Practicing pharmacy without a license.     
  380  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
  381  467.201             3rd   Practicing midwifery without a license.    
  382  468.366             3rd   Delivering respiratory care services without a license.
  383  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
  384  483.901(9)          3rd   Practicing medical physics without a license.
  385  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
  386  484.053             3rd   Dispensing hearing aids without a license. 
  387  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.
  388  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.
  389  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  390  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  391  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  392  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
  393  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  394  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  395  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  396  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  397  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  398  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  399  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
  400  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
  401  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
  402  784.048(7)          3rd   Aggravated stalking; violation of court order.
  403  784.07(2)(d)        1st   Aggravated battery on law enforcement officer, firefighter, etc.
  404  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
  405  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
  406  784.081(1)          1st   Aggravated battery on specified official or employee.
  407  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
  408  784.083(1)          1st   Aggravated battery on code inspector.      
  409  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  410  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
  411  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
  412  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  413  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  414  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  415  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  416  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.
  417  796.03              2nd   Procuring any person under 16 years for prostitution.
  418  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  419  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.
  420  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
  421  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  422  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  423  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  424  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
  425  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.
  426  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  427  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  428  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  429  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
  430  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  431  812.131(2)(a)       2nd   Robbery by sudden snatching.               
  432  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
  433  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  434  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  435  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
  436  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.
  437  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  438  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.
  439  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  440  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  441  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
  442  838.015             2nd   Bribery.                                   
  443  838.016             2nd   Unlawful compensation or reward for official behavior.
  444  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
  445  838.22              2nd   Bid tampering.                             
  446  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  447  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
  448  872.06              2nd   Abuse of a dead human body.                
  449  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  450  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.
  451  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.
  452  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).
  453  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  454  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  455  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  456  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  457  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  458  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  459  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  460  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  461  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  462  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  463  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  464  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  465  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  466  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  467  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  468  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
  469  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  470  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  471  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
  472  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  473  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  474  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  475  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  476  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  477  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  478         Section 7. This act shall take effect July 1, 2012.