Senate Bill 0614
Senate Bill sb0614
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Florida Senate - 2007 SB 614
By Senator Crist
12-398-07
1 A bill to be entitled
2 An act relating to assault or battery of a law
3 enforcement officer; amending s. 784.07, F.S.;
4 redefining the term "law enforcement officer"
5 to include a federal law enforcement officer
6 for purposes of certain enhanced penalties
7 imposed for the offense of assault or battery
8 of a law enforcement officer; reenacting ss.
9 435.04(3)(a), 901.15(15), 921.0022(3)(d), (f),
10 and (g), 943.051(3)(b), and 985.11(1)(b), F.S.,
11 relating to screening standards, arrest without
12 warrant, the offense severity ranking chart,
13 and the fingerprinting of minors, to
14 incorporate the amendment to s. 784.07, F.S.,
15 in references thereto; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (1) of section
21 784.07, Florida Statutes, is amended, and subsections (2) and
22 (3) of that section are reenacted, to read:
23 784.07 Assault or battery of law enforcement officers,
24 firefighters, emergency medical care providers, public transit
25 employees or agents, or other specified officers;
26 reclassification of offenses; minimum sentences.--
27 (1) As used in this section, the term:
28 (a) "Law enforcement officer" includes a law
29 enforcement officer, a correctional officer, a correctional
30 probation officer, a part-time law enforcement officer, a
31 part-time correctional officer, an auxiliary law enforcement
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1 officer, and an auxiliary correctional officer, as those terms
2 are respectively defined in s. 943.10, and any county
3 probation officer; an employee or agent of the Department of
4 Corrections who supervises or provides services to inmates; an
5 officer of the Parole Commission; a federal law enforcement
6 officer as defined in s. 901.1505; and law enforcement
7 personnel of the Fish and Wildlife Conservation Commission,
8 the Department of Environmental Protection, or the Department
9 of Law Enforcement.
10 (2) Whenever any person is charged with knowingly
11 committing an assault or battery upon a law enforcement
12 officer, a firefighter, an emergency medical care provider, a
13 traffic accident investigation officer as described in s.
14 316.640, a nonsworn law enforcement agency employee who is
15 certified as an agency inspector, blood alcohol analyst, or a
16 breath test operator while such employee is in uniform and
17 engaged in processing, testing, evaluating, analyzing, or
18 transporting a person who is detained or under arrest for DUI,
19 a traffic infraction enforcement officer as described in s.
20 316.640, a parking enforcement specialist as defined in s.
21 316.640, a person licensed as a security officer as defined in
22 s. 493.6101 and wearing a uniform that bears at least one
23 patch or emblem that is visible at all times that clearly
24 identifies the employing agency and that clearly identifies
25 the person as a licensed security officer, or a security
26 officer employed by the board of trustees of a community
27 college, while the officer, firefighter, emergency medical
28 care provider, intake officer, traffic accident investigation
29 officer, traffic infraction enforcement officer, inspector,
30 analyst, operator, parking enforcement specialist, public
31 transit employee or agent, or security officer is engaged in
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1 the lawful performance of his or her duties, the offense for
2 which the person is charged shall be reclassified as follows:
3 (a) In the case of assault, from a misdemeanor of the
4 second degree to a misdemeanor of the first degree.
5 (b) In the case of battery, from a misdemeanor of the
6 first degree to a felony of the third degree.
7 (c) In the case of aggravated assault, from a felony
8 of the third degree to a felony of the second degree.
9 Notwithstanding any other provision of law, any person
10 convicted of aggravated assault upon a law enforcement officer
11 shall be sentenced to a minimum term of imprisonment of 3
12 years.
13 (d) In the case of aggravated battery, from a felony
14 of the second degree to a felony of the first degree.
15 Notwithstanding any other provision of law, any person
16 convicted of aggravated battery of a law enforcement officer
17 shall be sentenced to a minimum term of imprisonment of 5
18 years.
19 (3) Any person who is convicted of a battery under
20 paragraph (2)(b) and, during the commission of the offense,
21 such person possessed:
22 (a) A "firearm" or "destructive device" as those terms
23 are defined in s. 790.001, shall be sentenced to a minimum
24 term of imprisonment of 3 years.
25 (b) A semiautomatic firearm and its high-capacity
26 detachable box magazine, as defined in s. 775.087(3), or a
27 machine gun as defined in s. 790.001, shall be sentenced to a
28 minimum term of imprisonment of 8 years.
29
30 Notwithstanding s. 948.01, adjudication of guilt or imposition
31 of sentence shall not be suspended, deferred, or withheld, and
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1 the defendant is not eligible for statutory gain-time under s.
2 944.275 or any form of discretionary early release, other than
3 pardon or executive clemency, or conditional medical release
4 under s. 947.149, prior to serving the minimum sentence.
5 Section 2. For the purpose of incorporating the
6 amendment made by this act to section 784.07, Florida
7 Statutes, in a reference thereto, paragraph (a) of subsection
8 (3) of section 435.04, Florida Statutes, is reenacted to read:
9 435.04 Level 2 screening standards.--
10 (3) The security background investigations conducted
11 under this section for employees of the Department of Juvenile
12 Justice must ensure that no persons subject to the provisions
13 of this section have been found guilty of, regardless of
14 adjudication, or entered a plea of nolo contendere or guilty
15 to, any offense prohibited under any of the following
16 provisions of the Florida Statutes or under any similar
17 statute of another jurisdiction:
18 (a) Section 784.07, relating to assault or battery of
19 law enforcement officers, firefighters, emergency medical care
20 providers, public transit employees or agents, or other
21 specified officers.
22
23 The Department of Juvenile Justice may not remove a
24 disqualification from employment or grant an exemption to any
25 person who is disqualified under this section for any offense
26 disposed of during the most recent 7-year period.
27 Section 3. For the purpose of incorporating the
28 amendment made by this act to section 784.07, Florida
29 Statutes, in a reference thereto, subsection (15) of section
30 901.15, Florida Statutes, is reenacted to read:
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1 901.15 When arrest by officer without warrant is
2 lawful.--A law enforcement officer may arrest a person without
3 a warrant when:
4 (15) There is probable cause to believe that the
5 person has committed assault upon a law enforcement officer, a
6 firefighter, an emergency medical care provider, public
7 transit employees or agents, or other specified officers as
8 set forth in s. 784.07 or has committed assault or battery
9 upon any employee of a receiving facility as defined in s.
10 394.455 who is engaged in the lawful performance of his or her
11 duties.
12 Section 4. For the purpose of incorporating the
13 amendment made by this act to section 784.07, Florida
14 Statutes, in a reference thereto, paragraphs (d), (f), and (g)
15 of subsection (3) of section 921.0022, Florida Statutes, are
16 reenacted to read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
20
21 Florida Felony
22 Statute Degree Description
23
24
25 (d) LEVEL 4
26 316.1935(3)(a) 2nd Driving at high speed or with
27 wanton disregard for safety while
28 fleeing or attempting to elude
29 law enforcement officer who is in
30 a patrol vehicle with siren and
31 lights activated.
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1 499.0051(1) 3rd Failure to maintain or deliver
2 pedigree papers.
3 499.0051(2) 3rd Failure to authenticate pedigree
4 papers.
5 499.0051(6) 2nd Sale or delivery, or possession
6 with intent to sell, contraband
7 legend drugs.
8 784.07(2)(b) 3rd Battery of law enforcement
9 officer, firefighter, intake
10 officer, etc.
11 784.074(1)(c) 3rd Battery of sexually violent
12 predators facility staff.
13 784.075 3rd Battery on detention or
14 commitment facility staff.
15 784.078 3rd Battery of facility employee by
16 throwing, tossing, or expelling
17 certain fluids or materials.
18 784.08(2)(c) 3rd Battery on a person 65 years of
19 age or older.
20 784.081(3) 3rd Battery on specified official or
21 employee.
22 784.082(3) 3rd Battery by detained person on
23 visitor or other detainee.
24 784.083(3) 3rd Battery on code inspector.
25 784.085 3rd Battery of child by throwing,
26 tossing, projecting, or expelling
27 certain fluids or materials.
28 787.03(1) 3rd Interference with custody;
29 wrongly takes minor from
30 appointed guardian.
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 800.04(7)(d) 3rd Lewd or lascivious exhibition;
18 offender less than 18 years.
19 810.02(4)(a) 3rd Burglary, or attempted burglary,
20 of an unoccupied structure;
21 unarmed; no assault or battery.
22 810.02(4)(b) 3rd Burglary, or attempted burglary,
23 of an unoccupied conveyance;
24 unarmed; no assault or battery.
25 810.06 3rd Burglary; possession of tools.
26 810.08(2)(c) 3rd Trespass on property, armed with
27 firearm or dangerous weapon.
28 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
29 or more but less than $20,000.
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1 812.014
2 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
3 firearm, motor vehicle,
4 livestock, etc.
5 812.0195(2) 3rd Dealing in stolen property by use
6 of the Internet; property stolen
7 $300 or more.
8 817.563(1) 3rd Sell or deliver substance other
9 than controlled substance agreed
10 upon, excluding s. 893.03(5)
11 drugs.
12 817.568(2)(a) 3rd Fraudulent use of personal
13 identification information.
14 817.625(2)(a) 3rd Fraudulent use of scanning device
15 or reencoder.
16 828.125(1) 2nd Kill, maim, or cause great bodily
17 harm or permanent breeding
18 disability to any registered
19 horse or cattle.
20 837.02(1) 3rd Perjury in official proceedings.
21 837.021(1) 3rd Make contradictory statements in
22 official proceedings.
23 838.022 3rd Official misconduct.
24 839.13(2)(a) 3rd Falsifying records of an
25 individual in the care and
26 custody of a state agency.
27 839.13(2)(c) 3rd Falsifying records of the
28 Department of Children and Family
29 Services.
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1 843.021 3rd Possession of a concealed
2 handcuff key by a person in
3 custody.
4 843.025 3rd Deprive law enforcement,
5 correctional, or correctional
6 probation officer of means of
7 protection or communication.
8 843.15(1)(a) 3rd Failure to appear while on bail
9 for felony (bond estreature or
10 bond jumping).
11 874.05(1) 3rd Encouraging or recruiting another
12 to join a criminal street gang.
13 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
14 893.03(1)(a), (b), or (d),
15 (2)(a), (2)(b), or (2)(c)4.
16 drugs).
17 914.14(2) 3rd Witnesses accepting bribes.
18 914.22(1) 3rd Force, threaten, etc., witness,
19 victim, or informant.
20 914.23(2) 3rd Retaliation against a witness,
21 victim, or informant, no bodily
22 injury.
23 918.12 3rd Tampering with jurors.
24 934.215 3rd Use of two-way communications
25 device to facilitate commission
26 of a crime.
27 (f) LEVEL 6
28 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
29 conviction.
30 499.0051(3) 2nd Forgery of pedigree papers.
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1 499.0051(4) 2nd Purchase or receipt of legend
2 drug from unauthorized person.
3 499.0051(5) 2nd Sale of legend drug to
4 unauthorized person.
5 775.0875(1) 3rd Taking firearm from law
6 enforcement officer.
7 784.021(1)(a) 3rd Aggravated assault; deadly weapon
8 without intent to kill.
9 784.021(1)(b) 3rd Aggravated assault; intent to
10 commit felony.
11 784.041 3rd Felony battery.
12 784.048(3) 3rd Aggravated stalking; credible
13 threat.
14 784.048(5) 3rd Aggravated stalking of person
15 under 16.
16 784.07(2)(c) 2nd Aggravated assault on law
17 enforcement officer.
18 784.074(1)(b) 2nd Aggravated assault on sexually
19 violent predators facility staff.
20 784.08(2)(b) 2nd Aggravated assault on a person 65
21 years of age or older.
22 784.081(2) 2nd Aggravated assault on specified
23 official or employee.
24 784.082(2) 2nd Aggravated assault by detained
25 person on visitor or other
26 detainee.
27 784.083(2) 2nd Aggravated assault on code
28 inspector.
29 787.02(2) 3rd False imprisonment; restraining
30 with purpose other than those in
31 s. 787.01.
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1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive,
8 weapon of mass destruction, or
9 act of arson or violence to state
10 property.
11 790.19 2nd Shooting or throwing deadly
12 missiles into dwellings, vessels,
13 or vehicles.
14 794.011(8)(a) 3rd Solicitation of minor to
15 participate in sexual activity by
16 custodial adult.
17 794.05(1) 2nd Unlawful sexual activity with
18 specified minor.
19 800.04(5)(d) 3rd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 less than 18 years.
23 800.04(6)(b) 2nd Lewd or lascivious conduct;
24 offender 18 years of age or
25 older.
26 806.031(2) 2nd Arson resulting in great bodily
27 harm to firefighter or any other
28 person.
29 810.02(3)(c) 2nd Burglary of occupied structure;
30 unarmed; no assault or battery.
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1 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
2 but less than $100,000, grand
3 theft in 2nd degree.
4 812.015(9) 2nd Retail theft; property stolen
5 $300 or more; second or
6 subsequent conviction.
7 812.13(2)(c) 2nd Robbery, no firearm or other
8 weapon (strong-arm robbery).
9 817.034(4)(a)1. 1st Communications fraud, value
10 greater than $50,000.
11 817.4821(5) 2nd Possess cloning paraphernalia
12 with intent to create cloned
13 cellular telephones.
14 825.102(1) 3rd Abuse of an elderly person or
15 disabled adult.
16 825.102(3)(c) 3rd Neglect of an elderly person or
17 disabled adult.
18 825.1025(3) 3rd Lewd or lascivious molestation of
19 an elderly person or disabled
20 adult.
21 825.103(2)(c) 3rd Exploiting an elderly person or
22 disabled adult and property is
23 valued at less than $20,000.
24 827.03(1) 3rd Abuse of a child.
25 827.03(3)(c) 3rd Neglect of a child.
26 827.071(2)&(3) 2nd Use or induce a child in a sexual
27 performance, or promote or direct
28 such performance.
29 836.05 2nd Threats; extortion.
30 836.10 2nd Written threats to kill or do
31 bodily injury.
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1 843.12 3rd Aids or assists person to escape.
2 847.0135(2) 3rd Facilitates sexual conduct of or
3 with a minor or the visual
4 depiction of such conduct.
5 914.23 2nd Retaliation against a witness,
6 victim, or informant, with bodily
7 injury.
8 944.35(3)(a)2. 3rd Committing malicious battery upon
9 or inflicting cruel or inhuman
10 treatment on an inmate or
11 offender on community
12 supervision, resulting in great
13 bodily harm.
14 944.40 2nd Escapes.
15 944.46 3rd Harboring, concealing, aiding
16 escaped prisoners.
17 944.47(1)(a)5. 2nd Introduction of contraband
18 (firearm, weapon, or explosive)
19 into correctional facility.
20 951.22(1) 3rd Intoxicating drug, firearm, or
21 weapon introduced into county
22 facility.
23 (g) LEVEL 7
24 316.027(1)(b) 1st Accident involving death, failure
25 to stop; leaving scene.
26 316.193(3)(c)2. 3rd DUI resulting in serious bodily
27 injury.
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1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 775.21(10)(a) 3rd Sexual predator; failure to
14 register; failure to renew
15 driver's license or
16 identification card; other
17 registration violations.
18 775.21(10)(b) 3rd Sexual predator working where
19 children regularly congregate.
20 775.21(10)(g) 3rd Failure to report or providing
21 false information about a sexual
22 predator; harbor or conceal a
23 sexual predator.
24 782.051(3) 2nd Attempted felony murder of a
25 person by a person other than the
26 perpetrator or the perpetrator of
27 an attempted felony.
28 782.07(1) 2nd Killing of a human being by the
29 act, procurement, or culpable
30 negligence of another
31 (manslaughter).
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.048(7) 3rd Aggravated stalking; violation of
19 court order.
20 784.07(2)(d) 1st Aggravated battery on law
21 enforcement officer.
22 784.074(1)(a) 1st Aggravated battery on sexually
23 violent predators facility staff.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 790.165(2) 2nd Manufacture, sell, possess, or
9 deliver hoax bomb.
10 790.165(3) 2nd Possessing, displaying, or
11 threatening to use any hoax bomb
12 while committing or attempting to
13 commit a felony.
14 790.166(3) 2nd Possessing, selling, using, or
15 attempting to use a hoax weapon
16 of mass destruction.
17 790.166(4) 2nd Possessing, displaying, or
18 threatening to use a hoax weapon
19 of mass destruction while
20 committing or attempting to
21 commit a felony.
22 796.03 2nd Procuring any person under 16
23 years for prostitution.
24 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
25 victim less than 12 years of age;
26 offender less than 18 years.
27 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 18 years or older.
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1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a)1. 1st Property stolen, valued at
10 $100,000 or more or a semitrailer
11 deployed by a law enforcement
12 officer; property stolen while
13 causing other property damage;
14 1st degree grand theft.
15 812.014(2)(b)2. 2nd Property stolen, cargo valued at
16 less than $50,000, grand theft in
17 2nd degree.
18 812.014(2)(b)3. 2nd Property stolen, emergency
19 medical equipment; 2nd degree
20 grand theft.
21 812.0145(2)(a) 1st Theft from person 65 years of age
22 or older; $50,000 or more.
23 812.019(2) 1st Stolen property; initiates,
24 organizes, plans, etc., the theft
25 of property and traffics in
26 stolen property.
27 812.131(2)(a) 2nd Robbery by sudden snatching.
28 812.133(2)(b) 1st Carjacking; no firearm, deadly
29 weapon, or other weapon.
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1 817.234(8)(a) 2nd Solicitation of motor vehicle
2 accident victims with intent to
3 defraud.
4 817.234(9) 2nd Organizing, planning, or
5 participating in an intentional
6 motor vehicle collision.
7 817.234(11)(c) 1st Insurance fraud; property value
8 $100,000 or more.
9 817.2341(2)(b)&
10 (3)(b) 1st Making false entries of material
11 fact or false statements
12 regarding property values
13 relating to the solvency of an
14 insuring entity which are a
15 significant cause of the
16 insolvency of that entity.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
31
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1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 838.015 2nd Bribery.
5 838.016 2nd Unlawful compensation or reward
6 for official behavior.
7 838.021(3)(a) 2nd Unlawful harm to a public
8 servant.
9 838.22 2nd Bid tampering.
10 847.0135(3) 3rd Solicitation of a child, via a
11 computer service, to commit an
12 unlawful sex act.
13 872.06 2nd Abuse of a dead human body.
14 893.13(1)(c)1. 1st Sell, manufacture, or deliver
15 cocaine (or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4.) within 1,000 feet of a
19 child care facility, school, or
20 state, county, or municipal park
21 or publicly owned recreational
22 facility or community center.
23 893.13(1)(e)1. 1st Sell, manufacture, or deliver
24 cocaine or other drug prohibited
25 under s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), (2)(b), or
27 (2)(c)4., within 1,000 feet of
28 property used for religious
29 services or a specified business
30 site.
31
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 25 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
29
30
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1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(k)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22 943.0435(4)(c) 2nd Sexual offender vacating
23 permanent residence; failure to
24 comply with reporting
25 requirements.
26 943.0435(8) 2nd Sexual offender; remains in state
27 after indicating intent to leave;
28 failure to comply with reporting
29 requirements.
30
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1 943.0435(9)(a) 3rd Sexual offender; failure to
2 comply with reporting
3 requirements.
4 943.0435(13) 3rd Failure to report or providing
5 false information about a sexual
6 offender; harbor or conceal a
7 sexual offender.
8 943.0435(14) 3rd Sexual offender; failure to
9 report and reregister; failure to
10 respond to address verification.
11 944.607(9) 3rd Sexual offender; failure to
12 comply with reporting
13 requirements.
14 944.607(10)(a) 3rd Sexual offender; failure to
15 submit to the taking of a
16 digitized photograph.
17 944.607(12) 3rd Failure to report or providing
18 false information about a sexual
19 offender; harbor or conceal a
20 sexual offender.
21 944.607(13) 3rd Sexual offender; failure to
22 report and reregister; failure to
23 respond to address verification.
24 Section 5. For the purpose of incorporating the
25 amendment made by this act to section 784.07, Florida
26 Statutes, in a reference thereto, paragraph (b) of subsection
27 (3) of section 943.051, Florida Statutes, is reenacted to
28 read:
29 943.051 Criminal justice information; collection and
30 storage; fingerprinting.--
31 (3)
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1 (b) A minor who is charged with or found to have
2 committed the following offenses shall be fingerprinted and
3 the fingerprints shall be submitted to the department:
4 1. Assault, as defined in s. 784.011.
5 2. Battery, as defined in s. 784.03.
6 3. Carrying a concealed weapon, as defined in s.
7 790.01(1).
8 4. Unlawful use of destructive devices or bombs, as
9 defined in s. 790.1615(1).
10 5. Negligent treatment of children, as defined in s.
11 827.05.
12 6. Assault or battery on a law enforcement officer, a
13 firefighter, or other specified officers, as defined in s.
14 784.07(2)(a) and (b).
15 7. Open carrying of a weapon, as defined in s.
16 790.053.
17 8. Exposure of sexual organs, as defined in s. 800.03.
18 9. Unlawful possession of a firearm, as defined in s.
19 790.22(5).
20 10. Petit theft, as defined in s. 812.014(3).
21 11. Cruelty to animals, as defined in s. 828.12(1).
22 12. Arson, as defined in s. 806.031(1).
23 13. Unlawful possession or discharge of a weapon or
24 firearm at a school-sponsored event or on school property as
25 defined in s. 790.115.
26 Section 6. For the purpose of incorporating the
27 amendment made by this act to section 784.07, Florida
28 Statutes, in a reference thereto, paragraph (b) of subsection
29 (1) of section 985.11, Florida Statutes, is reenacted to read:
30 985.11 Fingerprinting and photographing.--
31 (1)
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1 (b) A child who is charged with or found to have
2 committed one of the following offenses shall be
3 fingerprinted, and the fingerprints shall be submitted to the
4 Department of Law Enforcement as provided in s. 943.051(3)(b):
5 1. Assault, as defined in s. 784.011.
6 2. Battery, as defined in s. 784.03.
7 3. Carrying a concealed weapon, as defined in s.
8 790.01(1).
9 4. Unlawful use of destructive devices or bombs, as
10 defined in s. 790.1615(1).
11 5. Negligent treatment of children, as defined in
12 former s. 827.05.
13 6. Assault on a law enforcement officer, a
14 firefighter, or other specified officers, as defined in s.
15 784.07(2)(a).
16 7. Open carrying of a weapon, as defined in s.
17 790.053.
18 8. Exposure of sexual organs, as defined in s. 800.03.
19 9. Unlawful possession of a firearm, as defined in s.
20 790.22(5).
21 10. Petit theft, as defined in s. 812.014.
22 11. Cruelty to animals, as defined in s. 828.12(1).
23 12. Arson, resulting in bodily harm to a firefighter,
24 as defined in s. 806.031(1).
25 13. Unlawful possession or discharge of a weapon or
26 firearm at a school-sponsored event or on school property as
27 defined in s. 790.115.
28
29 A law enforcement agency may fingerprint and photograph a
30 child taken into custody upon probable cause that such child
31 has committed any other violation of law, as the agency deems
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1 appropriate. Such fingerprint records and photographs shall be
2 retained by the law enforcement agency in a separate file, and
3 these records and all copies thereof must be marked "Juvenile
4 Confidential." These records are not available for public
5 disclosure and inspection under s. 119.07(1) except as
6 provided in ss. 943.053 and 985.04(2), but shall be available
7 to other law enforcement agencies, criminal justice agencies,
8 state attorneys, the courts, the child, the parents or legal
9 custodians of the child, their attorneys, and any other person
10 authorized by the court to have access to such records. In
11 addition, such records may be submitted to the Department of
12 Law Enforcement for inclusion in the state criminal history
13 records and used by criminal justice agencies for criminal
14 justice purposes. These records may, in the discretion of the
15 court, be open to inspection by anyone upon a showing of
16 cause. The fingerprint and photograph records shall be
17 produced in the court whenever directed by the court. Any
18 photograph taken pursuant to this section may be shown by a
19 law enforcement officer to any victim or witness of a crime
20 for the purpose of identifying the person who committed such
21 crime.
22 Section 7. This act shall take effect July 1, 2007.
23
24 *****************************************
25 SENATE SUMMARY
26 Redefines the term "law enforcement officer" to include
federal law enforcement officers for purposes of the
27 enhanced penalties imposed for committing assault or
battery on a law enforcement officer.
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29
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