Florida Senate - 2016                                     SB 510
       
       
        
       By Senator Hukill
       
       
       
       
       
       8-00342-16                                             2016510__
    1                        A bill to be entitled                      
    2         An act relating to sexual predators; amending s.
    3         775.21, F.S.; providing criminal penalties for
    4         convicted sexual predators who use or operate a drone
    5         to view or record an image of a minor under certain
    6         circumstances; amending s. 794.056, F.S.; conforming a
    7         cross-reference; amending s. 921.0022, F.S.; assigning
    8         offense severity rankings in the Criminal Punishment
    9         Code for the use or operation of a drone by a sexual
   10         predator to view or record an image of a minor;
   11         conforming a cross-reference; amending s. 938.085,
   12         F.S.; conforming a cross-reference; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Present paragraphs (c) through (g) of subsection
   18  (10) of section 775.21, Florida Statutes, are redesignated as
   19  paragraphs (d) through (h), respectively, and a new paragraph
   20  (c) is added to that subsection, to read:
   21         775.21 The Florida Sexual Predators Act.—
   22         (10) PENALTIES.—
   23         (c) A sexual predator who has been convicted of or found to
   24  have committed, or has pled nolo contendere or guilty to,
   25  regardless of adjudication, any violation or attempted violation
   26  of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim
   27  is a minor and the offender is not the victim’s parent or
   28  guardian; s. 794.011, excluding s. 794.011(10); s. 794.05;
   29  former s. 796.03; former s. 796.035; s. 800.04; s. 827.071; s.
   30  847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
   31  violation of a similar law of another jurisdiction when the
   32  victim of the offense was a minor, and who uses or operates a
   33  drone, as defined in s. 934.50, to view or record an image of a
   34  minor who is on or at the minor’s domicile or on or at a
   35  business, school, child care facility, park, playground, or
   36  other place where children regularly congregate, commits a
   37  felony of the third degree, punishable as provided in s.
   38  775.082, s. 775.083, or s. 775.084.
   39         Section 2. Subsection (1) of section 794.056, Florida
   40  Statutes, is amended to read:
   41         794.056 Rape Crisis Program Trust Fund.—
   42         (1) The Rape Crisis Program Trust Fund is created within
   43  the Department of Health for the purpose of providing funds for
   44  rape crisis centers in this state. Trust fund moneys shall be
   45  used exclusively for the purpose of providing services for
   46  victims of sexual assault. Funds credited to the trust fund
   47  consist of those funds collected as an additional court
   48  assessment in each case in which a defendant pleads guilty or
   49  nolo contendere to, or is found guilty of, regardless of
   50  adjudication, an offense provided in s. 775.21(6) and (10)(a),
   51  (b), and (h) (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041;
   52  s. 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
   53  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
   54  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
   55  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
   56  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
   57  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
   58  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
   59  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
   60  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
   61  fund also shall include revenues provided by law, moneys
   62  appropriated by the Legislature, and grants from public or
   63  private entities.
   64         Section 3. Paragraph (g) of subsection (3) of section
   65  921.0022, Florida Statutes, is amended to read:
   66         921.0022 Criminal Punishment Code; offense severity ranking
   67  chart.—
   68         (3) OFFENSE SEVERITY RANKING CHART
   69         (g) LEVEL 7
   70  
   71  FloridaStatute           FelonyDegree         Description         
   72  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
   73  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
   74  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.
   75  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
   76  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
   77  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
   78  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
   79  456.065(2)                    3rd     Practicing a health care profession without a license.
   80  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
   81  458.327(1)                    3rd     Practicing medicine without a license.
   82  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
   83  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
   84  461.012(1)                    3rd     Practicing podiatric medicine without a license.
   85  462.17                        3rd     Practicing naturopathy without a license.
   86  463.015(1)                    3rd     Practicing optometry without a license.
   87  464.016(1)                    3rd     Practicing nursing without a license.
   88  465.015(2)                    3rd     Practicing pharmacy without a license.
   89  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
   90  467.201                       3rd     Practicing midwifery without a license.
   91  468.366                       3rd     Delivering respiratory care services without a license.
   92  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
   93  483.901(9)                    3rd     Practicing medical physics without a license.
   94  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
   95  484.053                       3rd     Dispensing hearing aids without a license.
   96  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
   97  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.
   98  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
   99  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  100  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
  101  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
  102  775.21(10)(c)                 3rd     Sexual predator using or operating a drone to view or record a minor.
  103  775.21(10)(h)775.21(10)(g)     3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  104  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  105  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  106  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  107  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  108  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
  109  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
  110  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
  111  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
  112  784.048(7)                    3rd     Aggravated stalking; violation of court order.
  113  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
  114  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
  115  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
  116  784.081(1)                    1st     Aggravated battery on specified official or employee.
  117  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
  118  784.083(1)                    1st     Aggravated battery on code inspector.
  119  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
  120  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
  121  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  122  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
  123  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
  124  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  125  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  126  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  127  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  128  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.
  129  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
  130  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  131  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  132  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
  133  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
  134  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
  135  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  136  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  137  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  138  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
  139  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.
  140  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  141  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  142  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  143  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
  144  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  145  812.131(2)(a)                 2nd     Robbery by sudden snatching.
  146  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
  147  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
  148  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  149  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  150  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
  151  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.
  152  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
  153  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  154  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
  155  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  156  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  157  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
  158  838.015                       2nd     Bribery.                    
  159  838.016                       2nd     Unlawful compensation or reward for official behavior.
  160  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
  161  838.22                        2nd     Bid tampering.              
  162  843.0855(2)                   3rd     Impersonation of a public officer or employee.
  163  843.0855(3)                   3rd     Unlawful simulation of legal process.
  164  843.0855(4)                   3rd     Intimidation of a public officer or employee.
  165  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  166  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
  167  872.06                        2nd     Abuse of a dead human body. 
  168  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  169  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  170  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.
  171  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.
  172  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).
  173  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  174  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  175  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  176  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
  177  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  178  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  179  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  180  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  181  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  182  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  183  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  184  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  185  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  186  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  187  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  188  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  189  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  190  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  191  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  192  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
  193  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  194  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  195  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
  196  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  197  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  198  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  199  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  200  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  201  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  202         Section 4. Section 938.085, Florida Statutes, is amended to
  203  read:
  204         938.085 Additional cost to fund rape crisis centers.—In
  205  addition to any sanction imposed when a person pleads guilty or
  206  nolo contendere to, or is found guilty of, regardless of
  207  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  208  (h) (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  209  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  210  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3);
  211  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  212  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
  213  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  214  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  215  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  216  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  217  (13), and (14)(c); or s. 985.701(1), the court shall impose a
  218  surcharge of $151. Payment of the surcharge shall be a condition
  219  of probation, community control, or any other court-ordered
  220  supervision. The sum of $150 of the surcharge shall be deposited
  221  into the Rape Crisis Program Trust Fund established within the
  222  Department of Health by chapter 2003-140, Laws of Florida. The
  223  clerk of the court shall retain $1 of each surcharge that the
  224  clerk of the court collects as a service charge of the clerk’s
  225  office.
  226         Section 5. This act shall take effect October 1, 2016.