Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for HB 1545
Ì285882JÎ285882
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
03/05/2024 01:46 PM . 03/07/2024 08:32 PM
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Senator Martin moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 847.01385, Florida Statutes, is created
6 to read:
7 847.01385 Harmful Communication to a Minor.—
8 (1) As used in this section, the term:
9 (a) “Communication” means any verbal or written
10 communication.
11 (b) “Sexual activity” has the same meaning as in s.
12 800.04(1).
13 (2) An adult who engages in a pattern of communication to a
14 minor that includes explicit and detailed verbal descriptions or
15 narrative accounts of sexual activity, sexual conduct, or sexual
16 excitement and that is harmful to minors commits a felony of the
17 third degree, punishable as provided in s. 775.082, s. 775.083,
18 or s. 775.084.
19 (3) A person’s ignorance of a minor’s age, a minor’s
20 misrepresentation of his or her age, a bona fide belief of a
21 minor’s age, or a minor’s consent may not be raised as a defense
22 in a prosecution for a violation of this section.
23 Section 2. Paragraphs (c), (e), (f), and (g) of subsection
24 (3) of section 921.0022, Florida Statutes, are amended to read:
25 921.0022 Criminal Punishment Code; offense severity ranking
26 chart.—
27 (3) OFFENSE SEVERITY RANKING CHART
28 (c) LEVEL 3
29
30 FloridaStatute FelonyDegree Description
31 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
32 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
33 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
34 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
35 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
36 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
37 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
38 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
39 327.35(2)(b) 3rd Felony BUI.
40 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
41 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
42 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
43 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
44 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
45 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
46 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
47 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
48 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
49 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
50 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
51 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
52 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
53 697.08 3rd Equity skimming.
54 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
55 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
56 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
57 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
58 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
59 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
60 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
61 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
62 812.081(2) 3rd Theft of a trade secret.
63 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
64 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
65 817.233 3rd Burning to defraud insurer.
66 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
67 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
68 817.236 3rd Filing a false motor vehicle insurance application.
69 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
70 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
71 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
72 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
73 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
74 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
75 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
76 847.01385 3rd Harmful Communication to a Minor.
77 860.15(3) 3rd Overcharging for repairs and parts.
78 870.01(2) 3rd Riot.
79 870.01(4) 3rd Inciting a riot.
80 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
81 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
82 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
83 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
84 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
85 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
86 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
87 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
88 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
89 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
90 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
91 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
92 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
93 918.13(1) 3rd Tampering with or fabricating physical evidence.
94 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
95 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
96 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
97
98 (e) LEVEL 5
99
100 FloridaStatute FelonyDegree Description
101 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
102 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
103 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
104 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
105 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
106 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
107 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
108 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
109 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
110 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
111 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
112 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
113 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
114 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
115 790.01(3) 3rd Unlawful carrying of a concealed firearm.
116 790.162 2nd Threat to throw or discharge destructive device.
117 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
118 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
119 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
120 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
121 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
122 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
123 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
124 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
125 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
126 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
127 812.019(1) 2nd Stolen property; dealing in or trafficking in.
128 812.081(3) 2nd Trafficking in trade secrets.
129 812.131(2)(b) 3rd Robbery by sudden snatching.
130 812.16(2) 3rd Owning, operating, or conducting a chop shop.
131 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
132 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
133 817.2341(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.
134 817.568(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 persons.
135 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
136 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
137 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
138 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
139 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
140 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
141 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
142 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
143 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
144 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
145 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
146 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
147 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
148 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
149 893.13(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)5. drugs).
150 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
151 893.13(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)5. drugs) within 1,000 feet of university.
152 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
153 893.13(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)5. drugs) within 1,000 feet of public housing facility.
154 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
155 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
156
157 (f) LEVEL 6
158
159 FloridaStatute FelonyDegree Description
160 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
161 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
162 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
163 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
164 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
165 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
166 775.0875(1) 3rd Taking firearm from law enforcement officer.
167 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
168 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
169 784.041 3rd Felony battery; domestic battery by strangulation.
170 784.048(3) 3rd Aggravated stalking; credible threat.
171 784.048(5) 3rd Aggravated stalking of person under 16.
172 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
173 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
174 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
175 784.081(2) 2nd Aggravated assault on specified official or employee.
176 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
177 784.083(2) 2nd Aggravated assault on code inspector.
178 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
179 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
180 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
181 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
182 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
183 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
184 794.05(1) 2nd Unlawful sexual activity with specified minor.
185 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
186 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
187 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
188 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
189 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
190 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
191 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
192 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
193 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
194 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
195 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
196 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
197 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
198 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
199 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
200 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
201 825.102(1) 3rd Abuse of an elderly person or disabled adult.
202 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
203 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
204 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
205 827.03(2)(c) 3rd Abuse of a child.
206 827.03(2)(d) 3rd Neglect of a child.
207 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
208 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
209 828.126(3) 3rd Sexual activities involving animals.
210 836.05 2nd Threats; extortion.
211 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
212 843.12 3rd Aids or assists person to escape.
213 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
214 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
215 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
216 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
217 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
218 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
219 944.35(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.
220 944.40 2nd Escapes.
221 944.46 3rd Harboring, concealing, aiding escaped prisoners.
222 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
223 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
224
225 (g) LEVEL 7
226
227 FloridaStatute FelonyDegree Description
228 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
229 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
230 316.1935(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.
231 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
232 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
233 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
234 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
235 456.065(2) 3rd Practicing a health care profession without a license.
236 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
237 458.327(1) 3rd Practicing medicine without a license.
238 459.013(1) 3rd Practicing osteopathic medicine without a license.
239 460.411(1) 3rd Practicing chiropractic medicine without a license.
240 461.012(1) 3rd Practicing podiatric medicine without a license.
241 462.17 3rd Practicing naturopathy without a license.
242 463.015(1) 3rd Practicing optometry without a license.
243 464.016(1) 3rd Practicing nursing without a license.
244 465.015(2) 3rd Practicing pharmacy without a license.
245 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
246 467.201 3rd Practicing midwifery without a license.
247 468.366 3rd Delivering respiratory care services without a license.
248 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
249 483.901(7) 3rd Practicing medical physics without a license.
250 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
251 484.053 3rd Dispensing hearing aids without a license.
252 494.0018(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.
253 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
254 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
255 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
256 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
257 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
258 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
259 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
260 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
261 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
262 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
263 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
264 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
265 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
266 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
267 784.048(7) 3rd Aggravated stalking; violation of court order.
268 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
269 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
270 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
271 784.081(1) 1st Aggravated battery on specified official or employee.
272 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
273 784.083(1) 1st Aggravated battery on code inspector.
274 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
275 787.06(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.
276 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
277 790.16(1) 1st Discharge of a machine gun under specified circumstances.
278 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
279 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
280 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
281 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
282 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
283 794.08(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.
284 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
285 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
286 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
287 800.04(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.
288 800.04(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.
289 806.01(2) 2nd Maliciously damage structure by fire or explosive.
290 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
291 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
292 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
293 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
294 812.014(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.
295 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
296 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
297 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
298 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
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.
303 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
304 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
305 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
306 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
307 817.2341 (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.
308 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
309 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
310 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
311 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
312 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
313 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
314 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
315 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
316 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
317 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
318 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
319 838.015 2nd Bribery.
320 838.016 2nd Unlawful compensation or reward for official behavior.
321 838.021(3)(a) 2nd Unlawful harm to a public servant.
322 838.22 2nd Bid tampering.
323 843.0855(2) 3rd Impersonation of a public officer or employee.
324 843.0855(3) 3rd Unlawful simulation of legal process.
325 843.0855(4) 3rd Intimidation of a public officer or employee.
326 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
327 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
328 872.06 2nd Abuse of a dead human body.
329 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
330 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
331 893.13(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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
332 893.13(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)5., within 1,000 feet of property used for religious services or a specified business site.
333 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
334 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
335 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
336 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
337 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
338 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
339 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
340 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
341 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
342 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
343 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
344 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
345 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
346 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
347 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
348 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
349 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
350 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
351 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
352 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
353 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
354 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
355 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
356 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
357 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
358 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
359 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
360 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
361 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
362 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
363 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
364 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
365 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
366 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
367
368 Section 3. This act shall take effect October 1, 2024.
369
370 ================= T I T L E A M E N D M E N T ================
371 And the title is amended as follows:
372 Delete everything before the enacting clause
373 and insert:
374 A bill to be entitled
375 An act relating to child exploitation offenses;
376 creating s. 847.01385, F.S.; providing definitions;
377 creating the offense of harmful communication to a
378 minor; providing criminal penalties; amending s.
379 921.0022, F.S.; ranking the offense on the offense
380 severity ranking chart of the Criminal Punishment
381 Code; revising the ranking of specified child
382 exploitation offenses for purposes of the offense
383 severity ranking chart of the Criminal Punishment
384 Code; prohibiting the raising of specified arguments
385 as a defense in a prosecution for certain violations;
386 providing an effective date.