Florida Senate - 2008 CS for CS for SB 76
By the Committees on Criminal and Civil Justice Appropriations; Criminal Justice; and Senators Atwater, Gaetz, Lynn, Fasano, Baker and Haridopolos
604-07388-08 200876c2
1
A bill to be entitled
2
An act relating to criminal activity; creating s. 16.62,
3
F.S.; creating the Coordinating Council on Criminal Gang
4
Reduction Strategies within the Department of Legal
5
Affairs; providing for membership and administration of
6
the council; providing duties of the council; requiring
7
the Department of Legal Affairs to provide staff and
8
administrative support to the council; providing for the
9
expiration of the council; amending s. 775.0846, F.S.;
10
providing that a person commits a felony of the third
11
degree if he or she is in possession of a bulletproof vest
12
when committing or attempting to commit certain specified
13
crimes; amending s. 775.13, F.S.; requiring certain felons
14
whose offenses related to criminal gangs to register with
15
the sheriff; providing penalties; amending s. 790.23,
16
F.S.; providing penalties for certain persons possessing a
17
firearm; amending s. 823.05, F.S.; revising provisions
18
relating to the enjoining of public nuisances to include
19
certain nuisances related to criminal gangs and criminal
20
gang activities; providing for enjoining such nuisances;
21
providing for local laws; amending s. 874.01, F.S.;
22
revising a short title; amending s. 874.02, F.S.; revising
23
legislative findings and intent; amending s. 874.03, F.S.;
24
creating and revising definitions; redefining "criminal
25
street gangs" as "criminal gangs"; amending s. 874.04,
26
F.S.; conforming provisions; revising an evidentiary
27
standard; creating s. 874.045, F.S.; providing that ch.
28
874, F.S., does not preclude arrest and prosecution under
29
other specified provisions; amending s. 874.05, F.S.;
30
revising provisions relating to soliciting or causing
31
another to join a criminal gang; amending s. 874.06, F.S.;
32
authorizing the state to bring civil actions for certain
33
violations; providing that a plaintiff has a superior
34
claim to property or proceeds; providing penalties for
35
knowing violation of certain orders; amending s. 874.08,
36
F.S.; conforming provisions relating to forfeiture;
37
amending s. 874.09, F.S.; providing additional powers for
38
the Department of Law Enforcement and local law
39
enforcement agencies relating to crime data information;
40
creating s. 874.10, F.S.; prohibiting persons from
41
initiating, organizing, planning, financing, directing,
42
managing, or supervising criminal gang-related activity;
43
providing penalties; creating s. 874.11, F.S.; prohibiting
44
use of electronic communications to further the interests
45
of a criminal gang; providing penalties; creating s.
46
874.12, F.S.; defining the term "identification document";
47
prohibiting possession of certain identification documents
48
for specified purposes; providing penalties; amending s.
49
893.138, F.S.; conforming terminology to changes made by
50
the act; amending s. 895.02, F.S.; adding certain offenses
51
to the definition of "racketeering activity"; conforming
52
terminology to changes made by this act; amending s.
53
903.046, F.S.; adding to the list of items a court may
54
consider when determining whether to release a defendant
55
on bail; amending s. 914.22, F.S.; revising the penalties
56
for tampering with or harassing witnesses; amending s.
57
943.031, F.S.; revising provisions relating to the Florida
58
Violent Crime and Drug Control Council; providing duties
59
concerning criminal gangs; creating the Drug Control
60
Strategy and Criminal Gangs Committee; providing for
61
duties of the committee concerning funding of certain
62
programs; providing for reports; amending s. 947.18, F.S.;
63
prohibiting certain parolees from communicating with
64
criminal gang members; providing exceptions; amending s.
65
947.1405, F.S.; prohibiting certain conditional releasees
66
from communicating with criminal gang members; providing
67
exceptions; creating s. 948.033, F.S., prohibiting certain
68
probationers or community controllees from communicating
69
with criminal gang members; providing exceptions; amending
70
s. 921.0022, F.S.; adding offenses to the offense severity
71
ranking chart of the Criminal Punishment Code; conforming
72
terminology to changes made by this act; amending ss.
74
985.433, F.S.; conforming cross-references and terminology
75
to changes made by this act; providing a directive to the
76
Division of Statutory Revision; providing an effective
77
date.
78
79
Be It Enacted by the Legislature of the State of Florida:
80
81
Section 1. Section 16.62, Florida Statutes, is created to
82
read:
83
16.62 Coordinating Council on Criminal Gang Reduction
84
Strategies.--
85
(1) The Coordinating Council on Criminal Gang Reduction
86
Strategies is established within the Department of Legal Affairs
87
and may consist of the following 11 members:
88
(a) The Attorney General or his or her designee.
89
(b) The executive director of the Department of Law
90
Enforcement or his or her designee.
91
(c) The Commissioner of Education or his or her designee.
92
(d) The Secretary of Children and Family Services or his or
93
her designee.
94
(e) The Secretary of Corrections or his or her designee.
95
(f) The Secretary of Juvenile Justice or his or her
96
designee.
97
(g) The director of the Office of Drug Control or his or
98
her designee.
99
(h) The director of the Florida Highway Patrol or his or
100
her designee.
101
(i) The President of the Florida Sheriffs Association or
102
his or her designee.
103
(j) The President of the Florida Police Chiefs Association
104
or his or her designee.
105
(k) The President of the Florida Prosecuting Attorneys
106
Association or his or her designee.
107
(2) The Attorney General shall serve as chair of the
108
council, and the executive director of the Department of law
109
Enforcement shall serve as vice chair of the council. In the
110
absence of the chair, the vice chair shall serve as chair.
111
(3) The council shall meet at the call of the chair. A
112
majority of the members of the council constitutes a quorum, and
113
action by a majority of the council shall be official.
114
(4) Members of the council may leave the council at any
115
time upon notification to chair.
116
(5) The council shall:
117
(a) Gather, compile, assimilate, and facilitate the
118
distribution to government agencies and community organizations
119
of information on criminal gangs and at-risk youth prevention and
120
intervention programs in this state.
121
(b) Develop a statewide strategy to stop the growth of,
122
reduce the number of, and render ineffectual criminal gangs in
123
this state.
124
(c) Coordinate and give guidance and support to efforts by
125
federal, state, and local government agencies; federal, state,
126
and local law enforcement agencies; at-risk youth prevention and
127
intervention organizations; and elected officials and community
128
leaders to combat criminal gangs and reduce criminal gang-related
129
crime and violence in this state, including the formation of
130
regional task forces and local and regional coalitions whose
131
membership and direction the council may determine.
132
(d) Coordinate with any state agency, any political
133
subdivision, or any school district of the state in the
134
performance of its duties.
135
(e) Request from any department, division, board, bureau,
136
commission, or other agency of the state, or of any political
137
subdivision thereof, cooperation and assistance in the
138
performance of its duties.
139
(6)(a) The business of the council shall be presented to
140
the council in the form of an agenda. The agenda shall be set by
141
the chair and shall include items of business requested by the
142
council members.
143
(b) The minutes for each meeting must be submitted to the
144
chair within 14 days after each meeting.
145
(7) The Department of Legal Affairs shall provide staff and
146
administrative support to the council.
147
(8) Members of the council or their designees shall serve
148
without compensation. Notwithstanding s. 20.052, members are not
149
entitled to reimbursement for per diem and travel expenses.
150
(9) The council is subject to the provisions of chapter
151
119, related to public records, and the provisions of chapter
152
286, related to public meetings.
153
(10) The council shall be dissolved on June 30, 2009.
154
Section 2. Section 775.0846, Florida Statutes, is amended
155
to read:
156
775.0846 Possession of Wearing bulletproof vest while
157
committing certain offenses.--
158
(1) As used in For the purposes of this section, the term
159
"bulletproof vest" means a bullet-resistant soft body armor
160
providing, as a minimum standard, the level of protection known
161
as "threat level I," which shall mean at least seven layers of
162
bullet-resistant material providing protection from three shots
163
of 158-grain lead ammunition fired from a .38 caliber handgun at
164
a velocity of 850 feet per second.
165
(2) A person commits is guilty of the unlawful possession
166
wearing of a bulletproof vest when, acting alone or with one or
167
more other persons and while possessing a firearm, he or she
168
commits or attempts to commit any murder, sexual battery,
169
robbery, burglary, arson, aggravated assault, aggravated battery,
170
kidnapping, escape, breaking and entering with intent to commit a
171
felony, criminal gang-related offense under chapter 874,
172
narcotics offense under chapter 893, or aircraft piracy and, in
173
the course of and in furtherance of any such crime, he or she
174
possesses wears a bulletproof vest.
175
(3) Any person who is convicted of a violation of this
176
section commits is guilty of a felony of the third degree,
178
Section 3. Subsections (2), (4), (5), (6), and (7) of
179
section 775.13, Florida Statutes, are amended to read:
180
775.13 Registration of convicted felons, exemptions;
181
penalties.--
182
(2) Any person who has been convicted of a felony in any
183
court of this state shall, within 48 hours after entering any
184
county in this state, register with the sheriff of said county,
185
be fingerprinted and photographed, and list the crime for which
186
convicted, place of conviction, sentence imposed, if any, name,
187
aliases, if any, address, and occupation. If the felony
188
conviction is for an offense that was found, pursuant to s.
189
874.04, to have been committed for the purpose of benefiting,
190
promoting, or furthering the interests of a criminal gang, the
191
registrant shall identify himself or herself as such an offender.
192
The Department of Law Enforcement, in consultation with
193
appropriate local law enforcement agencies, may develop
194
standardized practices for the inclusion of gang affiliation at
195
the time of offender registration.
196
(4) In lieu of registering with the sheriff as required by
197
this section, such registration may be made with the Department
198
of Law Enforcement, and is subject to the same terms and
199
conditions as required for registration with the sheriff.
200
(4)(5) This section does not apply to an offender:
201
(a) Who has had his or her civil rights restored;
202
(b) Who has received a full pardon for the offense for
203
which convicted;
204
(c) Who has been lawfully released from incarceration or
205
other sentence or supervision for a felony conviction for more
206
than 5 years prior to such time for registration, unless the
207
offender is a fugitive from justice on a felony charge or has
208
been convicted of any offense since release from such
209
incarceration or other sentence or supervision;
210
(d) Who is a parolee or probationer under the supervision
211
of the United States Parole Commission if the commission knows of
212
and consents to the presence of the offender in Florida or is a
213
probationer under the supervision of any federal probation
214
officer in the state or who has been lawfully discharged from
215
such parole or probation;
216
(e) Who is a sexual predator and has registered as required
217
under s. 775.21;
218
(f) Who is a sexual offender and has registered as required
220
(g) Who is a career offender who has registered as required
222
(5)(6) The failure of any such convicted felon to comply
223
with this section:
224
(a) With regard to any felon not listed in paragraph (b),
225
constitutes a misdemeanor of the second degree, punishable as
227
(b) With regard to any felon who has been found, pursuant
228
to s. 874.04, to have committed any offense for the purpose of
229
benefiting, promoting, or furthering the interests of a criminal
230
gang, constitutes a felony of the third degree, punishable as
232
(6)(7) All laws and parts of laws in conflict herewith are
233
hereby repealed, provided that Nothing in this section shall be
234
construed to affect any law of this state relating to
235
registration of criminals where the penalties for registration,
236
notification, or reporting obligations are in addition to, or in
237
excess of, those imposed by this section.
238
Section 4. Section 790.23, Florida Statutes, is amended to
239
read:
240
790.23 Felons and delinquents; possession of firearms,
241
ammunition, or electric weapons or devices unlawful.--
242
(1) It is unlawful for any person to own or to have in his
243
or her care, custody, possession, or control any firearm,
244
ammunition, or electric weapon or device, or to carry a concealed
245
weapon, including a tear gas gun or chemical weapon or device, if
246
that person has been:
247
(a) Convicted of a felony in the courts of this state;
248
(b) Found, in the courts of this state, to have committed a
249
delinquent act that would be a felony if committed by an adult
250
and such person is under 24 years of age;
251
(c) Convicted of or found to have committed a crime against
252
the United States which is designated as a felony;
253
(d) Found to have committed a delinquent act in another
254
state, territory, or country that would be a felony if committed
255
by an adult and which was punishable by imprisonment for a term
256
exceeding 1 year and such person is under 24 years of age; or
257
(e) Found guilty of an offense that is a felony in another
258
state, territory, or country and which was punishable by
259
imprisonment for a term exceeding 1 year.
260
(2) This section shall not apply to a person convicted of a
261
felony whose civil rights and firearm authority have been
262
restored.
263
(3) Except as otherwise provided in subsection (4), any
264
person who violates this section commits a felony of the second
266
267
(4) Notwithstanding the provisions of s. 874.04, if the
268
offense described in subsection (1) has been committed by a
269
person who has previously qualified or currently qualifies for
270
the penalty enhancements provided for in s. 874.04, the offense
271
is a felony of the first degree, punishable by a term of years
273
s. 775.084.
274
Section 5. Section 823.05, Florida Statutes, is amended to
275
read:
276
823.05 Places and groups engaged in criminal gang-related
277
activity declared a nuisance; may be abated and enjoined.--
278
(1) Whoever shall erect, establish, continue, or maintain,
279
own or lease any building, booth, tent or place which tends to
280
annoy the community or injure the health of the community, or
281
become manifestly injurious to the morals or manners of the
282
people as described in s. 823.01, or shall be frequented by the
283
class of persons mentioned in s. 856.02, or any house or place of
284
prostitution, assignation, lewdness or place or building where
285
games of chance are engaged in violation of law or any place
286
where any law of the state is violated, shall be deemed guilty of
287
maintaining a nuisance, and the building, erection, place, tent
288
or booth and the furniture, fixtures, and contents are declared a
289
nuisance. All such places or persons shall be abated or enjoined
291
(2)(a) As used in this subsection, the terms "criminal
292
gang," "criminal gang member," "criminal gang associate," and
293
"criminal gang-related activity" have the same meanings as
294
provided in s. 874.03.
295
(b) A criminal gang, criminal gang member, or criminal gang
296
associate who engages in the commission of criminal gang-related
297
activity is a public nuisance. Any and all such persons shall be
299
(c) The use of a location on two or more occasions by a
300
criminal gang, criminal gang members, or criminal gang associates
301
for the purpose of engaging in criminal gang-related activity is
302
a public nuisance. Such use of a location as a public nuisance
304
(d) Nothing in this subsection shall prevent a local
305
governing body from adopting and enforcing laws consistent with
306
this chapter relating to criminal gangs and gang violence. Where
307
local laws duplicate or supplement this chapter, this chapter
308
shall be construed as providing alternative remedies and not as
309
preempting the field.
310
(e) The state, through the Department of Legal Affairs or
311
any state attorney, or any of the state's agencies,
312
instrumentalities, subdivisions, or municipalities having
313
jurisdiction over conduct in violation of a provision of this
314
chapter may institute civil proceedings under this subsection. In
315
any action brought under this subsection, the circuit court shall
316
proceed as soon as practicable to the hearing and determination.
317
Pending final determination, the circuit court may at any time
318
enter such injunctions, prohibitions, or restraining orders, or
319
take such actions, including the acceptance of satisfactory
320
performance bonds, as the court may deem proper.
321
Section 6. Section 874.01, Florida Statutes, is amended to
322
read:
323
874.01 Short title.--This chapter may be cited as the
324
"Criminal Street Gang Prevention Act of 1996."
325
Section 7. Section 874.02, Florida Statutes, is amended to
326
read:
327
874.02 Legislative findings and intent.--
328
(1) The Legislature finds that it is the right of every
329
person, regardless of race, color, creed, religion, national
330
origin, sex, age, sexual orientation, or handicap, to be secure
331
and protected from fear, intimidation, and physical harm caused
332
by the activities of criminal street gangs and their members. It
333
is not the intent of this chapter to interfere with the exercise
334
of the constitutionally protected rights of freedom of expression
335
and association. The Legislature recognizes the constitutional
336
right of every citizen to harbor and express beliefs on any
337
lawful subject whatsoever, to lawfully associate with others who
338
share similar beliefs, to petition lawfully constituted authority
339
for a redress of perceived grievances, and to participate in the
340
electoral process.
341
(2) The Legislature finds, however, that the state is
342
facing a mounting crisis caused by criminal street gangs whose
343
members threaten and terrorize peaceful citizens and commit a
344
multitude of crimes. These criminal street gang activities, both
345
individually and collectively, present a clear and present
346
danger. Street gangs, terrorist organizations, and hate groups
347
have evolved into increasingly sophisticated and complex
348
organized crime groups in their criminal tactics, schemes, and
349
brutality. The state has a compelling interest in preventing
350
criminal street gang activity and halting the real and present
351
danger posed by the proliferation of criminal gangs and the
352
graduation from more primitive forms of criminal gangs to highly
353
sophisticated criminal gangs. For these reasons, and the
354
Legislature finds that the provisions of this chapter act are
355
essential necessary to maintain the public order and safety.
356
(3) It is the intent of the Legislature to outlaw certain
357
conduct associated with the existence and proliferation of
358
criminal gangs, provide eradicate the terror created by criminal
359
street gangs and their members by providing enhanced criminal
360
penalties, and eliminate and by eliminating the patterns,
361
profits, proceeds, instrumentalities, and property facilitating
362
criminal street gang activity, including criminal street gang
363
recruitment.
364
(4) The Legislature finds that the timely reporting and
365
exchange of criminal gang information facilitates the ability of
366
law enforcement agencies to monitor and anticipate criminal
367
activities of gangs and their members. Additionally, the timely
368
and standardized reporting of such criminal gang information
369
supports the identification of gang members via the criminal
370
justice information system and directly contributes to law
371
enforcement officers' safety. For these reasons, it is the intent
372
of the Legislature to encourage state and local law enforcement
373
agencies to facilitate the exchange of crime data information
374
through the statewide criminal gang database as provided in s.
375
376
Section 8. Section 874.03, Florida Statutes, is amended to
377
read:
378
874.03 Definitions.--As used in this chapter:
379
(1) "Criminal street gang" means a formal or informal
380
ongoing organization, association, or group that has as one of
381
its primary activities the commission of criminal or delinquent
382
acts, and that consists of three or more persons who have a
383
common name or common identifying signs, colors, or symbols,
384
including, but not limited to, terrorist organizations and hate
385
groups and have two or more members who, individually or
386
collectively, engage in or have engaged in a pattern of criminal
387
street gang activity.
388
(a) As used in this subsection, "ongoing" means that the
389
organization was in existence during the time period charged in a
390
petition, information, indictment, or action for civil injunctive
391
relief.
392
(b) As used in this subsection, "primary activities" means
393
that a criminal gang spends a substantial amount of time engaged
394
in such activity, although such activity need not be the only, or
395
even the most important activity, in which the criminal gang
396
engages.
397
(2) "Criminal gang associate" means a person who:
398
(a) Admits to criminal gang association; or
399
(b) Meets any single defining criterion for criminal gang
400
membership described in subsection (3).
401
(3)(2) "Criminal street gang member" is a person who is a
402
member of a criminal street gang as defined in subsection (1) and
403
who meets two or more of the following criteria:
404
(a) Admits to criminal street gang membership.
405
(b) Is identified as a criminal street gang member by a
406
parent or guardian.
407
(c) Is identified as a criminal street gang member by a
408
documented reliable informant.
409
(d) Adopts the style of dress of a criminal gang Resides in
410
or frequents a particular criminal street gang's area and adopts
411
their style of dress, their use of hand signs, or their tattoos,
412
and associates with known criminal street gang members.
413
(e) Adopts the use of a hand sign identified as used by a
414
criminal gang.
415
(f) Has a tattoo identified as used by a criminal gang.
416
(g) Associates with one or more known criminal gang
417
members.
418
(h)(e) Is identified as a criminal street gang member by an
419
informant of previously untested reliability and such
420
identification is corroborated by independent information.
421
(f) Has been arrested more than once in the company of
422
identified criminal street gang members for offenses which are
423
consistent with usual criminal street gang activity.
424
(i)(g) Is identified as a criminal street gang member by
425
physical evidence such as photographs or other documentation.
426
(j)(h) Has been observed stopped in the company of one or
427
more known criminal street gang members four or more times.
428
Observation in a custodial setting requires a willful
429
association. It is the intent of the legislature to allow this
430
criterion to be used to identify gang members who recruit and
431
organize in jails, prisons, and other detention settings.
432
(k) Has authored any communication indicating
433
responsibility for the commission of any crime by the criminal
434
gang.
435
436
Where a single act or factual transaction satisfies the
437
requirements of more than one of the criteria in this subsection,
438
each of those criteria has thereby been satisfied for the
439
purposes of the statute.
440
(3) "Pattern of criminal street gang activity" means the
441
commission or attempted commission of, or solicitation or
442
conspiracy to commit, two or more felony or three or more
443
misdemeanor offenses, or one felony and two misdemeanor offenses,
444
or the comparable number of delinquent acts or violations of law
445
which would be felonies or misdemeanors if committed by an adult,
446
on separate occasions within a 3-year period.
447
(4) For purposes of law enforcement identification and
448
tracking only:
449
(a) "criminal street gang associate" means a person who:
450
1. Admits to criminal street gang association; or
451
2. Meets any single defining criterion for criminal street
452
gang membership described in subsection (2).
453
(b) "Gang-related incident" means an incident that, upon
454
investigation, meets any of the following conditions:
455
1. The participants are identified as criminal street gang
456
members or criminal street gang associates, acting, individually
457
or collectively, to further any criminal purpose of the gang;
458
2. A reliable informant identifies an incident as criminal
459
street gang activity; or
460
3. an informant of previously untested reliability
461
identifies an incident as criminal street gang activity and it is
462
corroborated by independent information.
463
(4) "Criminal gang-related activity" means:
464
(a) An activity committed with the intent to benefit,
465
promote, or further the interests of a criminal gang, or for the
466
purposes of increasing a person's own standing or position within
467
a criminal gang;
468
(b) An activity in which the participants are identified as
469
criminal gang members or criminal gang associates acting
470
individually or collectively to further any criminal purpose of a
471
criminal gang;
472
(c) An activity that is identified as criminal gang
473
activity by a documented reliable informant; or
474
(d) An activity that is identified as criminal gang
475
activity by an informant of previously untested reliability and
476
such identification is corroborated by independent information.
477
(5) "Electronic communication" has the meaning provided in
478
s. 934.02 and includes, but is not limited to, photographs,
479
video, telephone communications, text messages, facsimile,
480
electronic mail messages as defined in s. 668.602, and instant
481
message real-time communications with other individuals through
482
the Internet or other means.
483
(6) "Hate group" means an organization whose primary
484
purpose is to promote animosity, hostility, and malice against a
485
person or persons or against the property of a person or persons
486
because of race, religion, disability, sexual orientation,
487
ethnicity, or national origin.
488
(7) "Terrorist organization" means any organized group
489
engaged in or organized for the purpose of engaging in terrorism
490
as defined in s. 775.30. This definition shall not be construed
491
to prevent prosecution under this chapter of individuals acting
492
alone.
493
Section 9. Section 874.04, Florida Statutes, is amended to
494
read:
495
874.04 Gang-related offenses Criminal street gang activity;
496
enhanced penalties.--Upon a finding by the fact finder court at
497
sentencing that the defendant committed the charged offense for
498
the purpose of benefiting, promoting, or furthering the interests
499
of a criminal street gang, the penalty for any felony or
500
misdemeanor, or any delinquent act or violation of law which
501
would be a felony or misdemeanor if committed by an adult, may be
502
enhanced. Penalty enhancement affects the applicable statutory
503
maximum penalty only. Each of the findings required as a basis
504
for such sentence shall be found beyond a reasonable doubt by a
505
preponderance of the evidence. The enhancement will be as
506
follows:
507
(1)(a) A misdemeanor of the second degree may be punished
508
as if it were a misdemeanor of the first degree.
509
(b) A misdemeanor of the first degree may be punished as if
510
it were a felony of the third degree. For purposes of sentencing
511
under chapter 921 and determining incentive gain-time eligibility
512
under chapter 944, such offense is ranked in level 1 of the
513
offense severity ranking chart. The criminal street gang
514
multiplier in s. 921.0024 does not apply to misdemeanors enhanced
515
under this paragraph.
516
(2)(a) A felony of the third degree may be punished as if
517
it were a felony of the second degree.
518
(b) A felony of the second degree may be punished as if it
519
were a felony of the first degree.
520
(c) A felony of the first degree may be punished as if it
521
were a life felony.
522
523
For purposes of sentencing under chapter 921 and determining
524
incentive gain-time eligibility under chapter 944, such felony
526
without regard to the penalty enhancement in this subsection. For
527
purposes of this section, penalty enhancement affects the
528
applicable statutory maximum penalty only.
529
Section 10. Section 874.045, Florida Statutes, is created
530
to read:
531
874.045 Arrest and prosecution under other
532
provisions.--Nothing in this chapter shall prohibit the arrest
533
and prosecution of a criminal gang member under chapter 876,
534
chapter 895, chapter 896, s. 893.20, or any other applicable
535
provision of law except to the extent otherwise prohibited
536
pursuant to a statutory or constitutional provision.
537
Section 11. Section 874.05, Florida Statutes, is amended to
538
read:
539
874.05 Causing, encouraging, soliciting, or recruiting
540
criminal street gang membership.--
541
(1) Except as provided in subsection (2), a person who
542
intentionally causes, encourages, solicits, or recruits another
543
person to become a criminal gang member where join a criminal
544
street gang that requires as a condition of membership or
545
continued membership is the commission of any crime commits a
546
felony of the third degree, punishable as provided in s. 775.082,
548
(2) A person who commits Upon a second or subsequent
549
violation offense, the person commits a felony of the second
551
552
Section 12. Section 874.06, Florida Statutes, is amended to
553
read:
554
874.06 Civil cause of action.--
555
(1) A person or organization establishing, by clear and
556
convincing evidence, coercion, intimidation, threats, or other
557
harm to that person or organization in violation of this chapter
558
has a civil cause of action for treble damages, an injunction, or
559
any other appropriate relief in law or equity. Upon prevailing,
560
the plaintiff may recover reasonable attorney's fees in the trial
561
and appellate courts and the costs of investigation and
562
litigation that are reasonably incurred and costs.
563
(2)(a) For purposes of this subsection, the term "state"
564
includes any of the state's agencies, instrumentalities,
565
subdivisions, or municipalities, and includes, but is not limited
566
to, state attorneys and the Office of Statewide Prosecution of
567
the Department of Legal Affairs.
568
(b) In addition to any remedies provided for by ss. 60.05
569
and 823.05, the state has a civil cause of action against any
570
person or organization if it proves by clear and convincing
571
evidence that it has been injured by reason of a violation of
572
this chapter by the person or organization. The state has a civil
573
cause of action for treble damages, injunctive relief, or any
574
other relief in law or equity which the court deems appropriate.
575
If the state prevails, it may also recover attorney's fees in the
576
trial and appellate courts and the costs of investigation and
577
litigation that are reasonably incurred. The state may not
578
recover punitive damages. The defendant is entitled to recover
579
reasonable attorney's fees and court costs if the court finds
580
that the state raised a claim that was without factual or legal
581
support and was vexatious, frivolous, or brought in bad faith.
582
(3) A prevailing plaintiff under subsection (1) has a right
583
or claim that is superior to any right or claim that the state
584
has in the same property or proceeds.
585
(4) A person who knowingly violates a temporary or
586
permanent order issued under this section or s. 60.05 commits a
587
misdemeanor of the first degree, punishable as provided in s.
589
Section 13. Section 874.08, Florida Statutes, is amended to
590
read:
591
874.08 Criminal gang activity and Profits, proceeds, and
592
instrumentalities of criminal street gangs or criminal street
593
gang recruitment; forfeiture.--All profits, proceeds, and
594
instrumentalities of criminal street gang activity and all
595
property used or intended or attempted to be used to facilitate
596
the criminal activity of any criminal street gang or of any
597
criminal street gang member; and all profits, proceeds, and
598
instrumentalities of criminal street gang recruitment and all
599
property used or intended or attempted to be used to facilitate
600
criminal street gang recruitment are subject to seizure and
601
forfeiture under the Florida Contraband Forfeiture Act, s.
602
603
Section 14. Section 874.09, Florida Statutes, is amended to
604
read:
605
874.09 Crime data information.--
606
(1) The Department of Law Enforcement may:
607
(a) Develop and manage a statewide criminal street gang
608
database to facilitate the exchange of information pursuant to
609
the intent and purpose of this chapter.
610
(b) Notify all law enforcement agencies that reports of
611
criminal gang members or associates shall be entered into the
612
database as soon as the minimum level of data specified by the
613
department is available to the reporting agency and no waiting
614
period for the entry of that data exists.
615
(c) Compile and retain information regarding criminal gangs
616
and their members and associates in a manner that allows the
617
information to be used by law enforcement and other agencies
618
deemed appropriate for investigative purposes.
619
(d) Compile and maintain a data repository relating to
620
criminal gangs and their members and associates in order to
621
develop and improve techniques used by law enforcement agencies
622
and prosecutors in the investigation, apprehension, and
623
prosecution of members and affiliates of criminal gangs.
624
(2) Local law enforcement agencies may:
625
(a) After carrying out any arrest of any individual who
626
they believe is a member or associate of a criminal gang, create
627
or update that individual's electronic file within the database.
628
(b) Notify the prosecutor of the accused individual's
629
suspected criminal gang membership or associate status.
630
Section 15. Section 874.10, Florida Statutes, is created to
631
read:
632
874.10 Directing the activities of a criminal gang.--Any
633
person who knowingly initiates, organizes, plans, finances,
634
directs, manages, or supervises criminal gang-related activity
635
commits a felony of the first degree, punishable by imprisonment
636
for a term of years not exceeding life or as provided in s.
638
Section 16. Section 874.11, Florida Statutes, is created to
639
read:
640
874.11 Electronic communication.--Any person who, for the
641
purpose of benefiting, promoting, or furthering the interests of
642
a criminal gang, uses electronic communication to intimidate or
643
harass other persons, or to advertise his or her presence in the
644
community, including, but not limited to, such activities as
645
distributing, selling, transmitting, or posting on the Internet
646
any audio, video, or still image of criminal activity, commits a
647
felony of the third degree, punishable as provided in s. 775.082,
649
Section 17. Section 874.12, Florida Statutes, is created to
650
read:
651
874.12 Identification documents; unlawful possession or
652
creation.--
653
(1) For purposes of this section, the term "identification
654
document" includes, but is not limited to, a social security card
655
or number, a birth certificate, a driver's license, an
656
identification card issued pursuant to s. 322.051, a
657
naturalization certificate, an alien registration number, a
658
passport, and any access credentials for a publicly operated
659
facility or an infrastructure facility covered under 18 U.S.C. s.
660
2332f.
661
(2) Any person possessing or manufacturing any blank,
662
forged, stolen, fictitious, fraudulent, counterfeit, or otherwise
663
unlawfully issued identification document for the purpose of
664
benefiting, promoting, or furthering the interests of a criminal
665
gang commits a felony of the second degree, punishable as
667
Section 18. Subsection (2) of section 893.138, Florida
668
Statutes, is amended to read:
669
893.138 Local administrative action to abate drug-related,
670
prostitution-related, or stolen-property-related public nuisances
671
and criminal street gang activity.--
672
(2) Any place or premises that has been used:
673
(a) On more than two occasions within a 6-month period, as
674
the site of a violation of s. 796.07;
675
(b) On more than two occasions within a 6-month period, as
676
the site of the unlawful sale, delivery, manufacture, or
677
cultivation of any controlled substance;
678
(c) On one occasion as the site of the unlawful possession
679
of a controlled substance, where such possession constitutes a
680
felony and that has been previously used on more than one
681
occasion as the site of the unlawful sale, delivery, manufacture,
682
or cultivation of any controlled substance;
683
(d) By a criminal street gang for the purpose of conducting
684
a pattern of criminal street gang activity as defined by s.
685
874.03; or
686
(e) On more than two occasions within a 6-month period, as
687
the site of a violation of s. 812.019 relating to dealing in
688
stolen property
689
690
may be declared to be a public nuisance, and such nuisance may be
691
abated pursuant to the procedures provided in this section.
692
Section 19. Paragraph (a) of subsection (1) and subsection
693
(3) of section 895.02, Florida Statutes, are amended to read:
695
term:
696
(1) "Racketeering activity" means to commit, to attempt to
697
commit, to conspire to commit, or to solicit, coerce, or
698
intimidate another person to commit:
699
(a) Any crime that is chargeable by petition, indictment,
700
or information under the following provisions of the Florida
701
Statutes:
702
1. Section 210.18, relating to evasion of payment of
703
cigarette taxes.
704
2. Section 316.1935, relating to fleeing or attempting to
705
elude a law enforcement officer and aggravated fleeing or
706
eluding.
707
3.2. Section 403.727(3)(b), relating to environmental
708
control.
710
fraud.
711
5.4. Section 414.39, relating to public assistance fraud.
713
compensation.
714
7.6. Section 443.071(4), relating to creation of a
715
fictitious employer scheme to commit unemployment compensation
716
fraud.
717
8.7. Section 465.0161, relating to distribution of
718
medicinal drugs without a permit as an Internet pharmacy.
720
499.0691, relating to crimes involving contraband and adulterated
721
drugs.
722
10.9. Part IV of chapter 501, relating to telemarketing.
723
11.10. Chapter 517, relating to sale of securities and
724
investor protection.
726
relating to dogracing and horseracing.
727
13.12. Chapter 550, relating to jai alai frontons.
728
14.13. Section 551.109, relating to slot machine gaming.
729
15.14. Chapter 552, relating to the manufacture,
730
distribution, and use of explosives.
731
16.15. Chapter 560, relating to money transmitters, if the
732
violation is punishable as a felony.
733
17.16. Chapter 562, relating to beverage law enforcement.
734
18.17. Section 624.401, relating to transacting insurance
735
without a certificate of authority, s. 624.437(4)(c)1., relating
736
to operating an unauthorized multiple-employer welfare
737
arrangement, or s. 626.902(1)(b), relating to representing or
738
aiding an unauthorized insurer.
739
19.18. Section 655.50, relating to reports of currency
740
transactions, when such violation is punishable as a felony.
741
20.19. Chapter 687, relating to interest and usurious
742
practices.
744
real estate timeshare plans.
745
22. Section 775.13(5)(b), relating to registration of
746
persons found to have committed any offense for the purpose of
747
benefiting, promoting, or furthering the interests of a criminal
748
gang.
749
23. Section 777.03, relating to commission of crimes by
750
accessories after the fact.
751
24.21. Chapter 782, relating to homicide.
752
25.22. Chapter 784, relating to assault and battery.
753
26.23. Chapter 787, relating to kidnapping or human
754
trafficking.
755
27.24. Chapter 790, relating to weapons and firearms.
756
28. Chapter 794, relating to sexual battery, but only if
757
such crime was committed with the intent to benefit, promote, or
758
further the interests of a criminal gang, or for the purpose of
759
increasing a criminal gang member's own standing or position
760
within a criminal gang.
763
trafficking.
764
30.26. Chapter 806, relating to arson and criminal
765
mischief.
766
31.27. Chapter 810 Section 810.02(2)(c), relating to
767
specified burglary and trespass of a dwelling or structure.
768
32.28. Chapter 812, relating to theft, robbery, and related
769
crimes.
770
33.29. Chapter 815, relating to computer-related crimes.
771
34.30. Chapter 817, relating to fraudulent practices, false
772
pretenses, fraud generally, and credit card crimes.
773
35.31. Chapter 825, relating to abuse, neglect, or
774
exploitation of an elderly person or disabled adult.
775
36.32. Section 827.071, relating to commercial sexual
776
exploitation of children.
777
37.33. Chapter 831, relating to forgery and counterfeiting.
778
38.34. Chapter 832, relating to issuance of worthless
779
checks and drafts.
780
39.35. Section 836.05, relating to extortion.
781
40.36. Chapter 837, relating to perjury.
782
41.37. Chapter 838, relating to bribery and misuse of
783
public office.
784
42.38. Chapter 843, relating to obstruction of justice.
786
or s. 847.07, relating to obscene literature and profanity.
788
s. 849.25, relating to gambling.
789
45.41. Chapter 874, relating to criminal street gangs.
790
46.42. Chapter 893, relating to drug abuse prevention and
791
control.
792
47.43. Chapter 896, relating to offenses related to
793
financial transactions.
795
with or harassing a witness, victim, or informant, and
796
retaliation against a witness, victim, or informant.
798
with jurors and evidence.
799
(3) "Enterprise" means any individual, sole proprietorship,
800
partnership, corporation, business trust, union chartered under
801
the laws of this state, or other legal entity, or any unchartered
802
union, association, or group of individuals associated in fact
803
although not a legal entity; and it includes illicit as well as
804
licit enterprises and governmental, as well as other, entities. A
805
criminal street gang, as defined in s. 874.03, constitutes an
806
enterprise.
807
Section 20. Subsection (2) of section 903.046, Florida
808
Statutes, is amended to read:
809
903.046 Purpose of and criteria for bail determination.--
810
(2) When determining whether to release a defendant on bail
811
or other conditions, and what that bail or those conditions may
812
be, the court shall consider:
813
(a) The nature and circumstances of the offense charged.
814
(b) The weight of the evidence against the defendant.
815
(c) The defendant's family ties, length of residence in the
816
community, employment history, financial resources, and mental
817
condition.
818
(d) The defendant's past and present conduct, including any
819
record of convictions, previous flight to avoid prosecution, or
820
failure to appear at court proceedings. However, any defendant
821
who had failed to appear on the day of any required court
822
proceeding in the case at issue, but who had later voluntarily
823
appeared or surrendered, shall not be eligible for a recognizance
824
bond; and any defendant who failed to appear on the day of any
825
required court proceeding in the case at issue and who was later
826
arrested shall not be eligible for a recognizance bond or for any
827
form of bond which does not require a monetary undertaking or
828
commitment equal to or greater than $2,000 or twice the value of
829
the monetary commitment or undertaking of the original bond,
830
whichever is greater. Notwithstanding anything in this section,
831
the court has discretion in determining conditions of release if
832
the defendant proves circumstances beyond his or her control for
833
the failure to appear. This section may not be construed as
834
imposing additional duties or obligations on a governmental
835
entity related to monetary bonds.
836
(e) The nature and probability of danger which the
837
defendant's release poses to the community.
838
(f) The source of funds used to post bail or procure an
839
appearance bond, particularly whether the proffered funds, real
840
property, property, or any proposed collateral or bond premium
841
may be linked to or derived from the crime alleged to have been
842
committed or from any other criminal or illicit activities. The
843
burden of establishing the noninvolvement in or nonderivation
844
from criminal or other illicit activity of such proffered funds,
845
real property, property, or any proposed collateral or bond
846
premium falls upon the defendant or other person proffering them
847
to obtain the defendant's release.
848
(g) Whether the defendant is already on release pending
849
resolution of another criminal proceeding or on probation,
850
parole, or other release pending completion of a sentence.
851
(h) The street value of any drug or controlled substance
852
connected to or involved in the criminal charge. It is the
853
finding and intent of the Legislature that crimes involving drugs
854
and other controlled substances are of serious social concern,
855
that the flight of defendants to avoid prosecution is of similar
856
serious social concern, and that frequently such defendants are
857
able to post monetary bail using the proceeds of their unlawful
858
enterprises to defeat the social utility of pretrial bail.
859
Therefore, the courts should carefully consider the utility and
860
necessity of substantial bail in relation to the street value of
861
the drugs or controlled substances involved.
862
(i) The nature and probability of intimidation and danger
863
to victims.
864
(j) Whether there is probable cause to believe that the
865
defendant committed a new crime while on pretrial release.
866
(k) Any other facts that the court considers relevant.
867
(l) Whether the crime charged is a violation of chapter 874
868
or alleged to be subject to enhanced punishment under chapter
869
874. If any such violation is charged against a defendant or if
870
the defendant is charged with a crime that is alleged to be
871
subject to such enhancement, he or she shall not be eligible for
872
release on bail or surety bond until the first appearance on the
873
case in order to ensure the full participation of the prosecutor
874
and the protection of the public.
875
Section 21. Section 914.22, Florida Statutes, is amended to
876
read:
877
914.22 Tampering with or harassing a witness, victim, or
878
informant; penalties.--
879
(1) A person who knowingly uses intimidation or physical
880
force, or threatens another person, or attempts to do so, or
881
engages in misleading conduct toward another person, or offers
882
pecuniary benefit or gain to another person, with intent to cause
883
or induce any person to:
884
(a) Withhold testimony, or withhold a record, document, or
885
other object, from an official investigation or official
886
proceeding;
887
(b) Alter, destroy, mutilate, or conceal an object with
888
intent to impair the integrity or availability of the object for
889
use in an official investigation or official proceeding;
890
(c) Evade legal process summoning that person to appear as
891
a witness, or to produce a record, document, or other object, in
892
an official investigation or an official proceeding;
893
(d) Be absent from an official proceeding to which such
894
person has been summoned by legal process;
895
(e) Hinder, delay, or prevent the communication to a law
896
enforcement officer or judge of information relating to the
897
commission or possible commission of an offense or a violation of
898
a condition of probation, parole, or release pending a judicial
899
proceeding; or
900
(f) Testify untruthfully in an official investigation or an
901
official proceeding,
902
903
commits the crime of tampering with a witness, victim, or
904
informant a felony of the third degree, punishable as provided in
906
(2) Tampering with a witness, victim, or informant is a:
907
(a) Felony of the third degree, punishable as provided in
909
investigation or official proceeding affected involves the
910
investigation or prosecution of a misdemeanor.
911
(b) Felony of the second degree, punishable as provided in
913
investigation or official proceeding affected involves the
914
investigation or prosecution of a third degree felony.
915
(c) Felony of the first degree, punishable as provided in
917
investigation or official proceeding affected involves the
918
investigation or prosecution of a second degree felony.
919
(d) Felony of the first degree, punishable by a term of
920
years not exceeding life or as provided in s. 775.082, s.
922
official proceeding affected involves the investigation or
923
prosecution of a first degree felony or a first degree felony
924
punishable by a term of years not exceeding life.
925
(e) Life felony, punishable as provided in s. 775.082, s.
927
official proceeding affected involves the investigation or
928
prosecution of a life or capital felony.
929
(f) Felony of the third degree, punishable as provided in
931
the affected official investigation or official proceeding is
932
indeterminable or where the affected official investigation or
933
official proceeding involves a noncriminal investigation or
934
proceeding.
935
(3)(2) Whoever intentionally harasses another person and
936
thereby hinders, delays, prevents, or dissuades any person from:
937
(a) Attending or testifying in an official proceeding or
938
cooperating in an official investigation;
939
(b) Reporting to a law enforcement officer or judge the
940
commission or possible commission of an offense or a violation of
941
a condition of probation, parole, or release pending a judicial
942
proceeding;
943
(c) Arresting or seeking the arrest of another person in
944
connection with an offense; or
945
(d) Causing a criminal prosecution, or a parole or
946
probation revocation proceeding, to be sought or instituted, or
947
from assisting in such prosecution or proceeding;
948
949
or attempts to do so, commits the crime of harassing a witness,
950
victim, or informant is guilty of a misdemeanor of the first
952
(4) Harassing a witness, victim, or informant is a:
953
(a) Misdemeanor of the first degree, punishable as provided
955
official proceeding affected involves the investigation or
956
prosecution of a misdemeanor.
957
(b) Felony of the third degree, punishable as provided in
959
investigation or official proceeding affected involves the
960
investigation or prosecution of a third degree felony.
961
(c) Felony of the second degree, punishable as provided in
963
investigation or official proceeding affected involves the
964
investigation or prosecution of a second degree felony.
965
(d) Felony of the first degree, punishable as provided in
967
investigation or official proceeding affected involves the
968
investigation or prosecution of a first degree felony.
969
(e) Felony of the first degree, punishable by a term of
970
years not exceeding life or as provided in s. 775.082, s.
972
official proceeding affected involves the investigation or
973
prosecution of a felony of the first degree punishable by a term
974
of years not exceeding life or a prosecution of a life or capital
975
felony.
976
(f) Felony of the third degree, punishable as provided in
978
the affected official investigation or official proceeding is
979
indeterminable or where the affected official investigation or
980
official proceeding involves a noncriminal investigation or
981
proceeding.
982
(5)(3) For the purposes of this section:
983
(a) An official proceeding need not be pending or about to
984
be instituted at the time of the offense; and
985
(b) The testimony or the record, document, or other object
986
need not be admissible in evidence or free of a claim of
987
privilege.
988
(6)(4) In a prosecution for an offense under this section,
989
no state of mind need be proved with respect to the circumstance:
990
(a) That the official proceeding before a judge, court,
991
grand jury, or government agency is before a judge or court of
992
the state, a state or local grand jury, or a state agency; or
993
(b) That the judge is a judge of the state or that the law
994
enforcement officer is an officer or employee of the state or a
995
person authorized to act for or on behalf of the state or serving
996
the state as an adviser or consultant.
997
Section 22. Section 943.031, Florida Statutes, is amended
998
to read:
999
943.031 Florida Violent Crime and Drug Control Council.--
1000
(1) FINDINGS.--The Legislature finds that there is a need
1001
to develop and implement a statewide strategy to address violent
1002
criminal activity, including crimes committed by criminal gangs,
1003
and drug control efforts by state and local law enforcement
1004
agencies, including investigations of illicit money laundering.
1005
In recognition of this need, the Florida Violent Crime and Drug
1006
Control Council is created within the department. The council
1007
shall serve in an advisory capacity to the department.
1008
(2)(1) MEMBERSHIP.--The council shall consist of 14
1009
members, as follows:
1010
(a) The Attorney General or a designate.
1011
(b) A designate of the executive director of the Department
1012
of Law Enforcement.
1013
(c) The secretary of the Department of Corrections or a
1014
designate.
1015
(d) The Secretary of Juvenile Justice or a designate.
1016
(e) The Commissioner of Education or a designate.
1017
(f) The president of the Florida Network of Victim/Witness
1018
Services, Inc., or a designate.
1019
(g) The director of the Office of Drug Control within the
1020
Executive Office of the Governor, or a designate.
1021
(h) The Chief Financial Officer, or a designate.
1022
(i) Six members appointed by the Governor, consisting of
1023
two sheriffs, two chiefs of police, one medical examiner, and one
1024
state attorney or their designates.
1025
1026
The Governor, when making appointments under this subsection,
1027
must take into consideration representation by geography,
1028
population, ethnicity, and other relevant factors to ensure that
1029
the membership of the council is representative of the state at
1030
large. Designates appearing on behalf of a council member who is
1031
unable to attend a meeting of the council are empowered to vote
1032
on issues before the council to the same extent the designating
1033
council member is so empowered.
1034
(3)(2) TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
1035
STAFF.--
1036
(a) Members appointed by the Governor shall be appointed
1037
for terms of 2 years. The other members are standing members of
1038
the council. In no event shall a member serve beyond the time he
1039
or she ceases to hold the office or employment which was the
1040
basis for appointment to the council. In the event of a vacancy,
1041
an appointment to fill the vacancy shall be only for the
1042
unexpired term.
1043
(b) The Legislature finds that the council serves a
1044
legitimate state, county, and municipal purpose and that service
1045
on the council is consistent with a member's principal service in
1046
a public office or employment. Membership on the council does not
1047
disqualify a member from holding any other public office or being
1048
employed by a public entity, except that no member of the
1049
Legislature shall serve on the council.
1050
(c) The members of the council shall elect a chair and a
1051
vice chair every 2 years, to serve for a 2-year term. As deemed
1052
appropriate, other officers may be elected by the members.
1053
(d) Members of the council or their designates shall serve
1054
without compensation but are entitled to reimbursement for per
1055
diem and travel expenses pursuant to s. 112.061. Reimbursements
1056
made pursuant to this paragraph may be paid from either the
1057
Violent Crime Investigative Emergency and Drug Control Strategy
1058
Implementation Account within the Department of Law Enforcement
1059
Operating Trust Fund or from other appropriations provided to the
1060
department by the Legislature in the General Appropriations Act.
1061
(e) The department shall provide the council with staff
1062
necessary to assist the council in the performance of its duties.
1063
(4)(3) MEETINGS.--The council must meet at least
1064
semiannually. Additional meetings may be held when it is
1065
determined by the chair that extraordinary circumstances require
1066
an additional meeting of the council. A majority of the members
1067
of the council constitutes a quorum.
1068
(5)(4) DUTIES OF COUNCIL.--The council shall provide advice
1069
and make recommendations, as necessary, to the executive director
1070
of the department.
1071
(a) The council may advise the executive director on the
1072
feasibility of undertaking initiatives which include, but are not
1073
limited to, the following:
1074
1. Establishing a program which provides grants to criminal
1075
justice agencies that develop and implement effective violent
1076
crime prevention and investigative programs and which provides
1077
grants to law enforcement agencies for the purpose of drug
1078
control, criminal gang, and illicit money laundering
1079
investigative efforts or task force efforts that are determined
1080
by the council to significantly contribute to achieving the
1081
state's goal of reducing drug-related crime as articulated by the
1082
Office of Drug Control, that represent significant criminal gang
1083
investigative efforts, that represent a significant illicit money
1084
laundering investigative effort, or that otherwise significantly
1085
support statewide strategies developed by the Statewide Drug
1086
Policy Advisory Council established under s. 397.333, subject to
1087
the limitations provided in this section. The grant program may
1088
include an innovations grant program to provide startup funding
1089
for new initiatives by local and state law enforcement agencies
1090
to combat violent crime or to implement drug control, criminal
1091
gang, or illicit money laundering investigative efforts or task
1092
force efforts by law enforcement agencies, including, but not
1093
limited to, initiatives such as:
1094
a. Providing enhanced community-oriented policing.
1095
b. Providing additional undercover officers and other
1096
investigative officers to assist with violent crime
1097
investigations in emergency situations.
1098
c. Providing funding for multiagency or statewide drug
1099
control, criminal gang, or illicit money laundering investigative
1100
efforts or task force efforts that cannot be reasonably funded
1101
completely by alternative sources and that significantly
1102
contribute to achieving the state's goal of reducing drug-related
1103
crime as articulated by the Office of Drug Control, that
1104
represent significant criminal gang investigative efforts, that
1105
represent a significant illicit money laundering investigative
1106
effort, or that otherwise significantly support statewide
1107
strategies developed by the Statewide Drug Policy Advisory
1108
Council established under s. 397.333.
1109
2. Expanding the use of automated fingerprint
1110
identification systems at the state and local level.
1111
3. Identifying methods to prevent violent crime.
1112
4. Identifying methods to enhance multiagency or statewide
1113
drug control, criminal gang, or illicit money laundering
1114
investigative efforts or task force efforts that significantly
1115
contribute to achieving the state's goal of reducing drug-related
1116
crime as articulated by the Office of Drug Control, that
1117
represent significant criminal gang investigative efforts, that
1118
represent a significant illicit money laundering investigative
1119
effort, or that otherwise significantly support statewide
1120
strategies developed by the Statewide Drug Policy Advisory
1121
Council established under s. 397.333.
1122
5. Enhancing criminal justice training programs which
1123
address violent crime, drug control, or illicit money laundering
1124
investigative techniques, or efforts to control and eliminate
1125
criminal gangs.
1126
6. Developing and promoting crime prevention services and
1127
educational programs that serve the public, including, but not
1128
limited to:
1129
a. Enhanced victim and witness counseling services that
1130
also provide crisis intervention, information referral,
1131
transportation, and emergency financial assistance.
1132
b. A well-publicized rewards program for the apprehension
1133
and conviction of criminals who perpetrate violent crimes.
1134
7. Enhancing information sharing and assistance in the
1135
criminal justice community by expanding the use of community
1136
partnerships and community policing programs. Such expansion may
1137
include the use of civilian employees or volunteers to relieve
1138
law enforcement officers of clerical work in order to enable the
1139
officers to concentrate on street visibility within the
1140
community.
1141
(b) The full council shall:
1142
1. Receive periodic reports from regional violent crime
1143
investigation and statewide drug control strategy implementation
1144
coordinating teams which relate to violent crime trends or the
1145
investigative needs or successes in the regions, including
1146
discussions regarding the activity of significant criminal gangs
1147
in the region, factors, and trends relevant to the implementation
1148
of the statewide drug strategy, and the results of drug control
1149
and illicit money laundering investigative efforts funded in part
1150
by the council.
1151
2. Maintain and use utilize criteria for the disbursement
1152
of funds from the Violent Crime Investigative Emergency and Drug
1153
Control Strategy Implementation Account or any other account from
1154
which the council may disburse proactive investigative funds as
1155
may be established within the Department of Law Enforcement
1156
Operating Trust Fund or other appropriations provided to the
1157
Department of Law Enforcement by the Legislature in the General
1158
Appropriations Act. The criteria shall allow for the advancement
1159
of funds to reimburse agencies regarding violent crime
1160
investigations as approved by the full council and the
1161
advancement of funds to implement proactive drug control
1162
strategies or significant criminal gang investigative efforts as
1163
authorized by the Drug Control Strategy and Criminal Gang
1164
Committee or the Victim and Witness Protection Review Committee.
1165
Regarding violent crime investigation reimbursement, an expedited
1166
approval procedure shall be established for rapid disbursement of
1167
funds in violent crime emergency situations.
1168
(c) As used in this section, "significant criminal gang
1169
investigative efforts" eligible for proactive funding must
1170
involve at a minimum an effort against a known criminal gang
1171
that:
1172
1. Involves multiple law enforcement agencies.
1173
2. Reflects a dedicated significant investigative effort on
1174
the part of each participating agency in personnel, time devoted
1175
to the investigation, and agency resources dedicated to the
1176
effort.
1177
3. Reflects a dedicated commitment by a prosecuting
1178
authority to ensure that cases developed by the investigation
1179
will be timely and effectively prosecuted.
1180
4. Demonstrates a strategy and commitment to dismantling
1181
the criminal gang via seizures of assets, significant money
1182
laundering and organized crime investigations and prosecutions,
1183
or similar efforts.
1184
1185
The council may require satisfaction of additional elements, to
1186
include reporting criminal investigative and criminal
1187
intelligence information related to criminal gang activity and
1188
members in a manner required by the department, as a prerequisite
1189
for receiving proactive criminal gang funding.
1190
(6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.--
1191
(a) The Drug Control Strategy and Criminal Gang Committee
1192
is created within the Florida Violent Crime and Drug Control
1193
Council, consisting of the following council members:
1194
1. The Attorney General or a designate.
1195
2. The designate of the executive director of the
1196
Department of Law Enforcement.
1197
3. The Secretary of Corrections or a designate.
1198
4. The director of the Office of Drug Control within the
1199
Executive Office of the Governor or a designate.
1200
5. The state attorney, the two sheriffs, and the two chiefs
1201
of police, or their designates.
1202
(b) The committee shall
1203
3. review and approve all requests for disbursement of
1204
funds from the Violent Crime Investigative Emergency and Drug
1205
Control Strategy Implementation Account within the Department of
1206
Law Enforcement Operating Trust Fund and from other
1207
appropriations provided to the department by the Legislature in
1208
the General Appropriations Act. An expedited approval procedure
1209
shall be established for rapid disbursement of funds in violent
1210
crime emergency situations.
1211
(c) Those receiving any proactive funding provided by the
1212
council through the committee shall be required to report the
1213
results of the investigations to the council once the
1214
investigation has been completed. The committee shall also
1215
require ongoing status reports on ongoing investigations using
1216
such findings in its closed sessions.
1217
(7)(5) REPORTS.--The council shall report annually on its
1218
activities, on or before December 30 of each calendar year, to
1219
the executive director, the President of the Senate, the Speaker
1220
of the House of Representatives, and the chairs of the Senate and
1221
House committees having principal jurisdiction over criminal law.
1222
Comments and responses of the executive director to the report
1223
are to be included.
1224
(8)(6) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--
1225
(a) The Victim and Witness Protection Review Committee is
1226
created within the Florida Violent Crime and Drug Control
1227
Council, consisting of the statewide prosecutor or a state
1228
attorney, a sheriff, a chief of police, and the designee of the
1229
executive director of the Department of Law Enforcement. The
1230
committee shall be appointed from the membership of the council
1231
by the chair of the council after the chair has consulted with
1232
the executive director of the Department of Law Enforcement.
1233
Committee members shall meet in conjunction with the meetings of
1234
the council.
1235
(b) The committee shall:
1236
1. Maintain and use utilize criteria for disbursing funds
1237
to reimburse law enforcement agencies for costs associated with
1238
providing victim and witness protective or temporary relocation
1239
services.
1240
2. Review and approve or deny, in whole or in part, all
1241
reimbursement requests submitted by law enforcement agencies.
1242
(c) The lead law enforcement agency providing victim or
1243
witness protective or temporary relocation services pursuant to
1244
the provisions of s. 914.25 may submit a request for
1245
reimbursement to the Victim and Witness Protection Review
1246
Committee in a format approved by the committee. The lead law
1247
enforcement agency shall submit such reimbursement request on
1248
behalf of all law enforcement agencies that cooperated in
1249
providing protective or temporary relocation services related to
1250
a particular criminal investigation or prosecution. As part of
1251
the reimbursement request, the lead law enforcement agency must
1252
indicate how any reimbursement proceeds will be distributed among
1253
the agencies that provided protective or temporary relocation
1254
services.
1255
(d) The committee, in its discretion, may use funds
1256
available to the committee to provide all or partial
1257
reimbursement to the lead law enforcement agency for such costs,
1258
or may decline to provide any reimbursement.
1259
(e) The committee may conduct its meeting by teleconference
1260
or conference phone calls when the chair of the committee finds
1261
that the need for reimbursement is such that delaying until the
1262
next scheduled council meeting will adversely affect the
1263
requesting agency's ability to provide the protection services.
1264
(9)(7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
1265
MEETINGS AND RECORDS.--
1266
(a) The Legislature finds that during limited portions of
1267
the meetings of the Florida Violent Crime and Drug Control
1268
Council it is necessary that the council be presented with and
1269
discuss details, information, and documents related to active
1270
criminal investigations or matters constituting active criminal
1271
intelligence, as those concepts are defined by s. 119.011. These
1272
presentations and discussions are necessary for the council to
1273
make its funding decisions as required by the Legislature. The
1274
Legislature finds that to reveal the contents of documents
1275
containing active criminal investigative or intelligence
1276
information or to allow active criminal investigative or active
1277
criminal intelligence matters to be discussed in a meeting open
1278
to the public negatively impacts the ability of law enforcement
1279
agencies to efficiently continue their investigative or
1280
intelligence gathering activities. The Legislature finds that
1281
information coming before the council that pertains to active
1282
criminal investigations or intelligence should remain
1283
confidential and exempt from public disclosure. The Legislature
1284
finds that the Florida Violent Crime and Drug Control Council
1285
may, by declaring only those portions of council meetings in
1286
which active criminal investigative or active criminal
1287
intelligence information is to be presented or discussed closed
1288
to the public, assure an appropriate balance between the policy
1289
of this state that meetings be public and the policy of this
1290
state to facilitate efficient law enforcement efforts.
1291
(b) The Florida Violent Crime and Drug Control Council
1292
shall be considered a "criminal justice agency" within the
1293
definition of s. 119.011(4).
1294
(c)1. The Florida Violent Crime and Drug Control Council
1295
may close portions of meetings during which the council will hear
1296
or discuss active criminal investigative information or active
1297
criminal intelligence information, and such portions of meetings
1298
shall be exempt from the provisions of s. 286.011 and s. 24(b),
1299
Art. I of the State Constitution, provided that the following
1300
conditions are met:
1301
a. The chair of the council shall advise the council at a
1302
public meeting that, in connection with the performance of a
1303
council duty, it is necessary that the council hear or discuss
1304
active criminal investigative information or active criminal
1305
intelligence information.
1306
b. The chair's declaration of necessity for closure and the
1307
specific reasons for such necessity shall be stated in writing in
1308
a document that shall be a public record and shall be filed with
1309
the official records of the council.
1310
c. The entire closed session shall be recorded. The
1311
recording shall include the times of commencement and termination
1312
of the closed session, all discussion and proceedings, and the
1313
names of all persons present. No portion of the session shall be
1314
off the record. Such recording shall be maintained by the
1315
council.
1316
2. Only members of the council, Department of Law
1317
Enforcement staff supporting the council's function, and other
1318
persons whose presence has been authorized by the chair of the
1319
council shall be allowed to attend the exempted portions of the
1320
council meetings. The council shall assure that any closure of
1321
its meetings as authorized by this section is limited so that the
1322
general policy of this state in favor of public meetings is
1323
maintained.
1324
(d) A tape recording of, and any minutes and notes
1325
generated during, that portion of a Florida Violent Crime and
1326
Drug Control Council meeting which is closed to the public
1327
pursuant to this section are confidential and exempt from s.
1328
119.07(1) and s. 24(a), Art. I of the State Constitution until
1329
such time as the criminal investigative information or criminal
1330
intelligence information ceases to be active.
1331
Section 23. Section 947.18, Florida Statutes, is amended to
1332
read:
1333
947.18 Conditions of parole.--No person shall be placed on
1334
parole merely as a reward for good conduct or efficient
1335
performance of duties assigned in prison. No person shall be
1336
placed on parole until and unless the commission finds that there
1337
is reasonable probability that, if the person is placed on
1338
parole, he or she will live and conduct himself or herself as a
1339
respectable and law-abiding person and that the person's release
1340
will be compatible with his or her own welfare and the welfare of
1341
society. No person shall be placed on parole unless and until the
1342
commission is satisfied that he or she will be suitably employed
1343
in self-sustaining employment or that he or she will not become a
1344
public charge. The commission shall determine the terms upon
1345
which such person shall be granted parole. If the person's
1346
conviction was for a controlled substance violation, one of the
1347
conditions must be that the person submit to random substance
1348
abuse testing intermittently throughout the term of supervision,
1349
upon the direction of the correctional probation officer as
1350
defined in s. 943.10(3). In addition to any other lawful
1351
condition of parole, the commission may make the payment of the
1352
debt due and owing to the state under s. 960.17 or the payment of
1353
the attorney's fees and costs due and owing to the state under s.
1354
938.29 a condition of parole subject to modification based on
1355
change of circumstances. If the person's conviction was for a
1356
crime that was found to have been committed for the purpose of
1357
benefiting, promoting, or furthering the interests of a criminal
1358
gang, one of the conditions must be that the person be prohibited
1359
from knowingly associating with other criminal gang members or
1360
associates, except as authorized by law enforcement officials,
1361
prosecutorial authorities, or the court, for the purpose of
1362
aiding in the investigation of criminal activity.
1363
Section 24. Subsection (11) is added to section 947.1405,
1364
Florida Statutes, to read:
1365
947.1405 Conditional release program.--
1366
(11) Effective for a releasee whose crime was committed on
1367
or after October 1, 2008, and who has been found to have
1368
committed the crime for the purpose of benefiting, promoting, or
1369
furthering the interests of a criminal gang, the commission
1370
shall, in addition to any other conditions imposed, impose a
1371
condition prohibiting the releasee from knowingly associating
1372
with other criminal gang members or associates, except as
1373
authorized by law enforcement officials, prosecutorial
1374
authorities, or the court, for the purpose of aiding in the
1375
investigation of criminal activity.
1376
Section 25. Section 948.033, Florida Statutes, is created
1377
to read:
1378
948.033 Condition of probation or community control;
1379
criminal gang.--Effective for a probationer or community
1380
controllee whose crime was committed on or after October 1, 2008,
1381
and who has been found to have committed the crime for the
1382
purpose of benefiting, promoting, or furthering the interests of
1383
a criminal gang, the court shall, in addition to any other
1384
conditions imposed, impose a condition prohibiting the
1385
probationer or community controllee from knowingly associating
1386
with other criminal gang members or associates, except as
1387
authorized by law enforcement officials, prosecutorial
1388
authorities, or the court, for the purpose of aiding in the
1389
investigation of criminal activity.
1390
Section 26. Paragraphs (d), (e), and (g) of subsection (3)
1391
of section 921.0022, Florida Statutes, are amended to read:
1392
921.0022 Criminal Punishment Code; offense severity ranking
1393
chart.--
1394
(3) OFFENSE SEVERITY RANKING CHART
1395
(d) LEVEL 4
1396
| FloridaStatute | FelonyDegree | Description |
1397
| 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. |
1398
| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
1399
| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
1400
| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
1401
| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
1402
| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
1403
| 784.075 | 3rd | Battery on detention or commitment facility staff. |
1404
| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
1405
| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
1406
| 784.081(3) | 3rd | Battery on specified official or employee. |
1407
| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
1408
| 784.083(3) | 3rd | Battery on code inspector. |
1409
| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
1410
| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
1411
| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
1412
| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
1413
| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
1414
| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
1415
| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
1416
| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
1417
| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
1418
| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
1419
| 810.06 | 3rd | Burglary; possession of tools. |
1420
| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
1421
| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
1422
| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
1423
| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
1424
| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
1425
| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
1426
| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
1427
| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
1428
| 837.02(1) | 3rd | Perjury in official proceedings. |
1429
| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
1430
| 838.022 | 3rd | Official misconduct. |
1431
| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
1432
| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
1433
| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
1434
| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
1435
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
1436
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
1437
| 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). |
1438
| 914.14(2) | 3rd | Witnesses accepting bribes. |
1439
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
1440
| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
1441
| 918.12 | 3rd | Tampering with jurors. |
1442
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
1443
1444
(e) LEVEL 5
1445
| FloridaStatute | FelonyDegree | Description |
1446
| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
1447
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
1448
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
1449
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
1450
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
1451
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
1452
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
1453
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
1454
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
1455
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
1456
| 790.01(2) | 3rd | Carrying a concealed firearm. |
1457
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
1458
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
1459
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
1460
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
1461
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
1462
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
1463
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
1464
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
1465
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
1466
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
1467
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
1468
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
1469
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
1470
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
1471
| 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. |
1472
| 817.568(2)(b) | 2nd | Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals. |
1473
| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
1474
| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
1475
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
1476
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
1477
| 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. |
1478
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
1479
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
1480
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
1481
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
1482
| 893.13(1)(a)1. | 2nd | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
1483
| 893.13(1)(c)2. | 2nd | Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
1484
| 893.13(1)(d)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. |
1485
| 893.13(1)(e)2. | 2nd | Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. |
1486
| 893.13(1)(f)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. |
1487
| 893.13(4)(b) | 2nd | Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
1488
1489
(g) LEVEL 7
1490
| FloridaStatute | FelonyDegree | Description |
1491
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
1492
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
1493
| 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. |
1494
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
1495
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
1496
| 409.920(2) | 3rd | Medicaid provider fraud. |
1497
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
1498
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
1499
| 458.327(1) | 3rd | Practicing medicine without a license. |
1500
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
1501
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
1502
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
1503
| 462.17 | 3rd | Practicing naturopathy without a license. |
1504
| 463.015(1) | 3rd | Practicing optometry without a license. |
1505
| 464.016(1) | 3rd | Practicing nursing without a license. |
1506
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
1507
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
1508
| 467.201 | 3rd | Practicing midwifery without a license. |
1509
| 468.366 | 3rd | Delivering respiratory care services without a license. |
1510
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
1511
| 483.901(9) | 3rd | Practicing medical physics without a license. |
1512
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
1513
| 484.053 | 3rd | Dispensing hearing aids without a license. |
1514
| 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. |
1515
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
1516
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
1517
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
1518
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
1519
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
1520
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
1521
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
1522
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
1523
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
1524
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
1525
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
1526
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
1527
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
1528
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
1529
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
1530
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
1531
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
1532
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
1533
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
1534
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
1535
| 784.083(1) | 1st | Aggravated battery on code inspector. |
1536
1537
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
1538
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
1539
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
1540
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
1541
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
1542
| 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
1543
| 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. |
1544
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
1545
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
1546
| 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. |
1547
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
1548
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
1549
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
1550
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
1551
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
1552
| 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. |
1553
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
1554
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
1555
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
1556
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
1557
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
1558
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
1559
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
1560
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
1561
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
1562
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
1563
| 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. |
1564
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
1565
| 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. |
1566
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
1567
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
1568
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
1569
| 838.015 | 2nd | Bribery. |
1570
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
1571
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
1572
| 838.22 | 2nd | Bid tampering. |
1573
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
1574
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
1575
| 872.06 | 2nd | Abuse of a dead human body. |
1576
| 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. |
1577
| 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. |
1578
| 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). |
1579
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
1580
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
1581
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
1582
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
1583
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
1584
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
1585
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
1586
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
1587
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
1588
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
1589
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
1590
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
1591
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
1592
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
1593
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
1594
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
1595
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
1596
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
1597
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
1598
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
1599
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
1600
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
1601
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
1602
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
1603
1604
Section 27. Subsection (1) of section 921.0024, Florida
1605
Statutes, is amended to read:
1606
921.0024 Criminal Punishment Code; worksheet computations;
1607
scoresheets.--
1608
(1)(a) The Criminal Punishment Code worksheet is used to
1609
compute the subtotal and total sentence points as follows:
1610
1611
FLORIDA CRIMINAL PUNISHMENT CODE
1612
WORKSHEET
1613
1614
OFFENSE SCORE
1615
1616
Primary Offense
1617
| Level | Sentence Points | Total |
1618
1619
| 10 | 116 | = | _____ |
1620
| 9 | 92 | = | _____ |
1621
| 8 | 74 | = | _____ |
1622
| 7 | 56 | = | _____ |
1623
| 6 | 36 | = | _____ |
1624
| 5 | 28 | = | _____ |
1625
| 4 | 22 | = | _____ |
1626
| 3 | 16 | = | _____ |
1627
| 2 | 10 | = | _____ |
1628
| 1 | 4 | = | _____ |
1629
1630
| Total |
1631
1632
Additional Offenses
1633
| Level | Sentence Points | Counts | Total |
1634
1635
| 10 | 58 | x | _____ | = | _____ |
1636
| 9 | 46 | x | _____ | = | _____ |
1637
| 8 | 37 | x | _____ | = | _____ |
1638
| 7 | 28 | x | _____ | = | _____ |
1639
| 6 | 18 | x | _____ | = | _____ |
1640
| 5 | 5.4 | x | _____ | = | _____ |
1641
| 4 | 3.6 | x | _____ | = | _____ |
1642
| 3 | 2.4 | x | _____ | = | _____ |
1643
| 2 | 1.2 | x | _____ | = | _____ |
1644
| 1 | 0.7 | x | _____ | = | _____ |
1645
| M | 0.2 | x | _____ | = | _____ |
1646
1647
| Total |
1648
1649
Victim Injury
1650
| Level | Sentence Points | Number | Total |
1651
1652
| 2nd degree murder- death | 240 | x | _____ | = | _____ |
1653
| Death | 120 | x | _____ | = | _____ |
1654
| Severe | 40 | x | _____ | = | _____ |
1655
| Moderate | 18 | x | _____ | = | _____ |
1656
| Slight | 4 | x | _____ | = | _____ |
1657
| Sexual penetration | 80 | x | _____ | = | _____ |
1658
| Sexual contact | 40 | x | _____ | = | _____ |
1659
1660
| Total |
1661
1662
Primary Offense + Additional Offenses + Victim Injury =
1663
TOTAL OFFENSE SCORE
1664
1665
PRIOR RECORD SCORE
1666
1667
Prior Record
1668
| Level | Sentence Points | Number | Total |
1669
1670
| 10 | 29 | x | _____ | = | _____ |
1671
| 9 | 23 | x | _____ | = | _____ |
1672
| 8 | 19 | x | _____ | = | _____ |
1673
| 7 | 14 | x | _____ | = | _____ |
1674
| 6 | 9 | x | _____ | = | _____ |
1675
| 5 | 3.6 | x | _____ | = | _____ |
1676
| 4 | 2.4 | x | _____ | = | _____ |
1677
| 3 | 1.6 | x | _____ | = | _____ |
1678
| 2 | 0.8 | x | _____ | = | _____ |
1679
| 1 | 0.5 | x | _____ | = | _____ |
1680
| M | 0.2 | x | _____ | = | _____ |
1681
1682
| Total |
1683
1684
TOTAL OFFENSE SCORE
1685
TOTAL PRIOR RECORD SCORE
1686
1687
LEGAL STATUS
1688
COMMUNITY SANCTION VIOLATION
1689
PRIOR SERIOUS FELONY
1690
PRIOR CAPITAL FELONY
1691
FIREARM OR SEMIAUTOMATIC WEAPON
1692
SUBTOTAL__________
1693
1694
PRISON RELEASEE REOFFENDER (no)(yes)
1695
VIOLENT CAREER CRIMINAL (no)(yes)
1696
HABITUAL VIOLENT OFFENDER (no)(yes)
1697
HABITUAL OFFENDER (no)(yes)
1698
DRUG TRAFFICKER (no)(yes) (x multiplier)
1699
LAW ENF. PROTECT. (no)(yes) (x multiplier)
1700
MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
1701
CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1702
DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
1703
(x multiplier)
1704
1705
TOTAL SENTENCE POINTS__________
1706
1707
(b) WORKSHEET KEY:
1708
1709
Legal status points are assessed when any form of legal status
1710
existed at the time the offender committed an offense before the
1711
court for sentencing. Four (4) sentence points are assessed for
1712
an offender's legal status.
1713
1714
Community sanction violation points are assessed when a community
1715
sanction violation is before the court for sentencing. Six (6)
1716
sentence points are assessed for each community sanction
1717
violation and each successive community sanction violation,
1718
unless any of the following apply:
1719
1. If the community sanction violation includes a new
1720
felony conviction before the sentencing court, twelve (12)
1721
community sanction violation points are assessed for the
1722
violation, and for each successive community sanction violation
1723
involving a new felony conviction.
1724
2. If the community sanction violation is committed by a
1725
violent felony offender of special concern as defined in s.
1726
1727
a. Twelve (12) community sanction violation points are
1728
assessed for the violation and for each successive violation of
1729
felony probation or community control where:
1730
(I) The violation does not include a new felony conviction;
1731
and
1732
(II) The community sanction violation is not based solely
1733
on the probationer or offender's failure to pay costs or fines or
1734
make restitution payments.
1735
b. Twenty-four (24) community sanction violation points are
1736
assessed for the violation and for each successive violation of
1737
felony probation or community control where the violation
1738
includes a new felony conviction.
1739
1740
Multiple counts of community sanction violations before the
1741
sentencing court shall not be a basis for multiplying the
1742
assessment of community sanction violation points.
1743
1744
Prior serious felony points: If the offender has a primary
1745
offense or any additional offense ranked in level 8, level 9, or
1746
level 10, and one or more prior serious felonies, a single
1747
assessment of thirty (30) points shall be added. For purposes of
1748
this section, a prior serious felony is an offense in the
1749
offender's prior record that is ranked in level 8, level 9, or
1751
offender is serving a sentence of confinement, supervision, or
1752
other sanction or for which the offender's date of release from
1753
confinement, supervision, or other sanction, whichever is later,
1754
is within 3 years before the date the primary offense or any
1755
additional offense was committed.
1756
1757
Prior capital felony points: If the offender has one or more
1758
prior capital felonies in the offender's criminal record, points
1759
shall be added to the subtotal sentence points of the offender
1760
equal to twice the number of points the offender receives for the
1761
primary offense and any additional offense. A prior capital
1762
felony in the offender's criminal record is a previous capital
1763
felony offense for which the offender has entered a plea of nolo
1764
contendere or guilty or has been found guilty; or a felony in
1765
another jurisdiction which is a capital felony in that
1766
jurisdiction, or would be a capital felony if the offense were
1767
committed in this state.
1768
1769
Possession of a firearm, semiautomatic firearm, or machine gun:
1770
If the offender is convicted of committing or attempting to
1771
commit any felony other than those enumerated in s. 775.087(2)
1772
while having in his or her possession: a firearm as defined in s.
1773
790.001(6), an additional eighteen (18) sentence points are
1774
assessed; or if the offender is convicted of committing or
1775
attempting to commit any felony other than those enumerated in s.
1776
775.087(3) while having in his or her possession a semiautomatic
1777
firearm as defined in s. 775.087(3) or a machine gun as defined
1778
in s. 790.001(9), an additional twenty-five (25) sentence points
1779
are assessed.
1780
1781
Sentencing multipliers:
1782
1783
Drug trafficking: If the primary offense is drug trafficking
1784
under s. 893.135, the subtotal sentence points are multiplied, at
1785
the discretion of the court, for a level 7 or level 8 offense, by
1786
1.5. The state attorney may move the sentencing court to reduce
1787
or suspend the sentence of a person convicted of a level 7 or
1788
level 8 offense, if the offender provides substantial assistance
1789
as described in s. 893.135(4).
1790
1791
Law enforcement protection: If the primary offense is a violation
1792
of the Law Enforcement Protection Act under s. 775.0823(2), (3),
1793
or (4), the subtotal sentence points are multiplied by 2.5. If
1794
the primary offense is a violation of s. 775.0823(5), (6), (7),
1795
(8), or (9), the subtotal sentence points are multiplied by 2.0.
1796
If the primary offense is a violation of s. 784.07(3) or s.
1797
775.0875(1), or of the Law Enforcement Protection Act under s.
1798
775.0823(10) or (11), the subtotal sentence points are multiplied
1799
by 1.5.
1800
1801
Grand theft of a motor vehicle: If the primary offense is grand
1802
theft of the third degree involving a motor vehicle and in the
1803
offender's prior record, there are three or more grand thefts of
1804
the third degree involving a motor vehicle, the subtotal sentence
1805
points are multiplied by 1.5.
1806
1807
Offense related to a criminal street gang: If the offender is
1808
convicted of the primary offense and committed that offense for
1809
the purpose of benefiting, promoting, or furthering the interests
1810
of a criminal street gang as prohibited under s. 874.04, the
1811
subtotal sentence points are multiplied by 1.5.
1812
1813
Domestic violence in the presence of a child: If the offender is
1814
convicted of the primary offense and the primary offense is a
1815
crime of domestic violence, as defined in s. 741.28, which was
1816
committed in the presence of a child under 16 years of age who is
1817
a family or household member as defined in s. 741.28(3) with the
1818
victim or perpetrator, the subtotal sentence points are
1819
multiplied by 1.5.
1820
Section 28. Paragraph (n) of subsection (5) of section
1821
921.141, Florida Statutes, is amended to read:
1822
921.141 Sentence of death or life imprisonment for capital
1823
felonies; further proceedings to determine sentence.--
1824
(5) AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
1825
shall be limited to the following:
1826
(n) The capital felony was committed by a criminal street
1827
gang member, as defined in s. 874.03.
1828
Section 29. Paragraph (c) of subsection (10) of section
1829
943.325, Florida Statutes, is amended to read:
1830
943.325 Blood or other biological specimen testing for DNA
1831
analysis.--
1832
(10)
1833
(c) Any person previously convicted of an offense specified
1834
in this section, or a crime which, if committed in this state,
1835
would be an offense specified in this section, and who is also
1836
subject to the registration requirement imposed by s. 775.13,
1837
shall be subject to the collection requirement of this section
1838
when the appropriate agency described in this section verifies
1839
the identification information of the person. The collection
1840
requirement of this section does not apply to a person as
1842
Section 30. Subsection (30) of section 984.03, Florida
1843
Statutes, is amended to read:
1844
984.03 Definitions.--When used in this chapter, the term:
1845
(30) "Juvenile justice continuum" includes, but is not
1846
limited to, delinquency prevention programs and services designed
1847
for the purpose of preventing or reducing delinquent acts,
1848
including criminal activity by criminal youth gangs and juvenile
1849
arrests, as well as programs and services targeted at children
1850
who have committed delinquent acts, and children who have
1851
previously been committed to residential treatment programs for
1852
delinquents. The term includes children-in-need-of-services and
1853
families-in-need-of-services programs; conditional release;
1854
substance abuse and mental health programs; educational and
1855
vocational programs; recreational programs; community services
1856
programs; community service work programs; and alternative
1857
dispute resolution programs serving children at risk of
1858
delinquency and their families, whether offered or delivered by
1859
state or local governmental entities, public or private for-
1860
profit or not-for-profit organizations, or religious or
1861
charitable organizations.
1862
Section 31. Paragraph (c) of subsection (15) and subsection
1863
(29) of section 985.03, Florida Statutes, are amended to read:
1864
985.03 Definitions.--As used in this chapter, the term:
1865
(15)
1866
(c) "Delinquency prevention programs" means programs
1867
designed for the purpose of reducing the occurrence of
1868
delinquency, including criminal youth and street gang activity,
1869
and juvenile arrests. The term excludes arbitration, diversionary
1870
or mediation programs, and community service work or other
1871
treatment available subsequent to a child committing a delinquent
1872
act.
1873
(29) "Juvenile justice continuum" includes, but is not
1874
limited to, delinquency prevention programs and services designed
1875
for the purpose of preventing or reducing delinquent acts,
1876
including criminal activity by criminal youth gangs, and juvenile
1877
arrests, as well as programs and services targeted at children
1878
who have committed delinquent acts, and children who have
1879
previously been committed to residential treatment programs for
1880
delinquents. The term includes children-in-need-of-services and
1881
families-in-need-of-services programs; conditional release;
1882
substance abuse and mental health programs; educational and
1883
career programs; recreational programs; community services
1884
programs; community service work programs; and alternative
1885
dispute resolution programs serving children at risk of
1886
delinquency and their families, whether offered or delivered by
1887
state or local governmental entities, public or private for-
1888
profit or not-for-profit organizations, or religious or
1889
charitable organizations.
1890
Section 32. Paragraph (c) of subsection (1) of section
1891
985.047, Florida Statutes, is amended to read:
1892
985.047 Information systems.--
1893
(1)
1894
(c) As used in this section, "a juvenile who is at risk of
1895
becoming a serious habitual juvenile offender" means a juvenile
1896
who has been adjudicated delinquent and who meets one or more of
1897
the following criteria:
1898
1. Is arrested for a capital, life, or first degree felony
1899
offense or sexual battery.
1900
2. Has five or more arrests, at least three of which are
1901
for felony offenses. Three of such arrests must have occurred
1902
within the preceding 12-month period.
1903
3. Has 10 or more arrests, at least 2 of which are for
1904
felony offenses. Three of such arrests must have occurred within
1905
the preceding 12-month period.
1906
4. Has four or more arrests, at least one of which is for a
1907
felony offense and occurred within the preceding 12-month period.
1908
5. Has 10 or more arrests, at least 8 of which are for any
1909
of the following offenses:
1910
a. Petit theft;
1911
b. Misdemeanor assault;
1912
c. Possession of a controlled substance;
1913
d. Weapon or firearm violation; or
1914
e. Substance abuse.
1915
1916
Four of such arrests must have occurred within the preceding 12-
1917
month period.
1918
6. Meets at least one of the criteria for criminal youth
1919
and street gang membership.
1920
Section 33. Paragraph (a) of subsection (6) and subsection
1921
(7) of section 985.433, Florida Statutes, are amended to read:
1922
985.433 Disposition hearings in delinquency cases.--When a
1923
child has been found to have committed a delinquent act, the
1924
following procedures shall be applicable to the disposition of
1925
the case:
1926
(6) The first determination to be made by the court is a
1927
determination of the suitability or nonsuitability for
1928
adjudication and commitment of the child to the department. This
1929
determination shall include consideration of the recommendations
1930
of the department, which may include a predisposition report. The
1931
predisposition report shall include, whether as part of the
1932
child's multidisciplinary assessment, classification, and
1933
placement process components or separately, evaluation of the
1934
following criteria:
1935
(a) The seriousness of the offense to the community. If the
1936
court determines under chapter 874 that the child was a member of
1937
a criminal street gang at the time of the commission of the
1938
offense, the seriousness of the offense to the community shall be
1939
given great weight.
1940
1941
It is the intent of the Legislature that the criteria set forth
1942
in this subsection are general guidelines to be followed at the
1943
discretion of the court and not mandatory requirements of
1944
procedure. It is not the intent of the Legislature to provide for
1945
the appeal of the disposition made under this section.
1946
(7) If the court determines that the child should be
1947
adjudicated as having committed a delinquent act and should be
1948
committed to the department, such determination shall be in
1949
writing or on the record of the hearing. The determination shall
1950
include a specific finding of the reasons for the decision to
1951
adjudicate and to commit the child to the department, including
1952
any determination that the child was a member of a criminal
1953
street gang.
1954
(a) The juvenile probation officer shall recommend to the
1955
court the most appropriate placement and treatment plan,
1956
specifically identifying the restrictiveness level most
1957
appropriate for the child. If the court has determined that the
1958
child was a member of a criminal street gang, that determination
1959
shall be given great weight in identifying the most appropriate
1960
restrictiveness level for the child. The court shall consider the
1961
department's recommendation in making its commitment decision.
1962
(b) The court shall commit the child to the department at
1963
the restrictiveness level identified or may order placement at a
1964
different restrictiveness level. The court shall state for the
1965
record the reasons that establish by a preponderance of the
1966
evidence why the court is disregarding the assessment of the
1967
child and the restrictiveness level recommended by the
1968
department. Any party may appeal the court's findings resulting
1969
in a modified level of restrictiveness under this paragraph.
1970
(c) The court may also require that the child be placed in
1971
a probation program following the child's discharge from
1972
commitment. Community-based sanctions under subsection (8) may be
1973
imposed by the court at the disposition hearing or at any time
1974
prior to the child's release from commitment.
1975
Section 34. The Division of Statutory Revision is directed
1976
to redesignate the title of chapter 874, Florida Statutes, as
1977
"Criminal Gang Enforcement and Prevention."
1978
Section 35. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.