Senate Bill sb1216c1
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Florida Senate - 2005 CS for SB 1216
By the Committee on Criminal Justice; and Senators Argenziano,
Fasano and Klein
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1 A bill to be entitled
2 An act relating to high risk offenders;
3 providing a short title; amending s. 775.21,
4 F.S.; extending the period for a petition to
5 remove a sexual predator designation; providing
6 that it is a criminal offense to fail to report
7 or to provide false information about a sexual
8 predator or to harbor or hide a sexual
9 predator; amending s. 775.082, F.S.; providing
10 for specified sentencing of persons convicted
11 of the life felony offense in s. 800.04(5)(b),
12 F.S.; amending s. 800.04, F.S.; providing that
13 it is a life felony for an offender 18 years of
14 age or older to commit lewd or lascivious
15 molestation against a victim younger than 12
16 years of age; amending s. 921.0022, F.S.;
17 deleting ranking for offenses involving sexual
18 predators and sexual offenders failing to
19 comply with registration requirements; ranking
20 offenses involving sexual predators and sexual
21 offenders failing to comply with registration
22 requirements and other requirements; ranking
23 new criminal offenses for failing to report or
24 providing false information about a sexual
25 predator and harboring or hiding a sexual
26 predator; correcting a reference to the felony
27 degree of a lewd or lascivious offense;
28 amending s. 921.141, F.S.; providing an
29 additional aggravating circumstance pertaining
30 to sexual predators for the purpose of imposing
31 the death penalty; amending s. 943.043, F.S.;
1
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1 requiring the Department of Law Enforcement to
2 provide to local law enforcement agencies
3 information on sexual predators and sexual
4 offenders who fail to respond to address
5 verification attempts or abscond from
6 registration; amending s. 943.0435, F.S.;
7 providing that it is a criminal offense to fail
8 to report or to provide false information about
9 a sexual offender or to harbor or hide a sexual
10 offender; creating s. 943.04352, F.S.;
11 requiring a search of the sexual offender and
12 sexual predator registry by entities providing
13 probation services; amending s. 944.607, F.S.;
14 providing that it is a criminal offense to fail
15 to report or to provide false information about
16 a sexual offender or to harbor or hide a sexual
17 offender; amending s. 947.1405, F.S.; requiring
18 electronic monitoring for certain offenders
19 placed on conditional release supervision;
20 amending s. 948.012, F.S.; requiring the court
21 to impose a split sentence in certain
22 circumstances; creating s. 948.061, F.S.;
23 requiring the Department of Corrections to
24 develop a risk assessment and alert system to
25 monitor certain offenders placed on probation
26 or community control; requiring increased
27 supervision of such offenders under certain
28 circumstances; requiring that information be
29 provided to the court by the correctional
30 probation officer; requiring the department to
31 have fingerprint reading equipment and
2
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1 capability by October 1, 2006; creating s.
2 948.062, F.S.; requiring the Department of
3 Corrections to review the circumstances of
4 certain arrests of offenders on probation or
5 community control; requiring the Office of
6 Program Policy Analysis and Government
7 Accountability to analyze the reviews and
8 report to the President of the Senate and the
9 Speaker of the House of Representatives;
10 creating s. 948.063, F.S.; requiring the court
11 to order electronic monitoring for designated
12 sexual offenders and predators who violate
13 probation or community control; amending s.
14 948.11, F.S.; requiring the department to
15 develop and implement procedures to notify
16 certain officials on the availability of
17 electronic monitoring units; requiring the
18 department to use certain electronic monitoring
19 systems on high risk offenders; amending s.
20 948.15, F.S.; specifying that the terms of the
21 contract must contain procedures for accessing
22 criminal history records concerning
23 probationers; amending s. 948.30, F.S.;
24 requiring certain sex offenders and sexual
25 predators on probation or community control to
26 be placed on electronic monitoring; creating a
27 task force within the Department of Law
28 Enforcement; requiring the task force to
29 examine the collection and dissemination of
30 offender information within the criminal
31 justice system and community; prescribing task
3
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1 force membership; requiring that the task force
2 submit findings and recommendations to the
3 Governor and the Legislature; requiring
4 cooperation by state agencies; providing for
5 abolishing the task force on a specified date;
6 requiring the Office of Program Policy Analysis
7 and Governmental Accountability to perform a
8 study of and report to the Legislature on the
9 effectiveness of Florida's sexual predator and
10 sexual offender registries and community and
11 public notification provisions; providing an
12 appropriation; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. This act may be cited as the "Jessica
17 Lunsford Act."
18 Section 2. Paragraph (l) of subsection (6) of section
19 775.21, Florida Statutes, is amended, and paragraph (g) is
20 added to subsection (10) of that section, to read:
21 775.21 The Florida Sexual Predators Act.--
22 (6) REGISTRATION.--
23 (l) A sexual predator must maintain registration with
24 the department for the duration of his or her life, unless the
25 sexual predator has received a full pardon or has had a
26 conviction set aside in a postconviction proceeding for any
27 offense that met the criteria for the sexual predator
28 designation. However, a sexual predator who was designated as
29 a sexual predator by a court before October 1, 1998, and who
30 has been lawfully released from confinement, supervision, or
31 sanction, whichever is later, for at least 10 years and has
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1 not been arrested for any felony or misdemeanor offense since
2 release, may petition the criminal division of the circuit
3 court in the circuit in which the sexual predator resides for
4 the purpose of removing the sexual predator designation. A
5 sexual predator who was designated a sexual predator by a
6 court on or after October 1, 1998, who has been lawfully
7 released from confinement, supervision, or sanction, whichever
8 is later, for at least 20 years, and who has not been arrested
9 for any felony or misdemeanor offense since release may
10 petition the criminal division of the circuit court in the
11 circuit in which the sexual predator resides for the purpose
12 of removing the sexual predator designation. A sexual predator
13 who was designated as a sexual predator by a court on or after
14 October 1, 2005, who has been lawfully released from
15 confinement, supervision, or sanction, whichever is later, for
16 at least 30 years, and who has not been arrested for any
17 felony or misdemeanor offense since release may petition the
18 criminal division of the circuit court in the circuit in which
19 the sexual predator resides for the purpose of removing the
20 sexual predator designation. The court may grant or deny such
21 relief if the petitioner demonstrates to the court that he or
22 she has not been arrested for any crime since release, the
23 requested relief complies with the provisions of the federal
24 Jacob Wetterling Act, as amended, and any other federal
25 standards applicable to the removal of the designation as a
26 sexual predator or required to be met as a condition for the
27 receipt of federal funds by the state, and the court is
28 otherwise satisfied that the petitioner is not a current or
29 potential threat to public safety. The state attorney in the
30 circuit in which the petition is filed must be given notice of
31 the petition at least 3 weeks before the hearing on the
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1 matter. The state attorney may present evidence in opposition
2 to the requested relief or may otherwise demonstrate the
3 reasons why the petition should be denied. If the court denies
4 the petition, the court may set a future date at which the
5 sexual predator may again petition the court for relief,
6 subject to the standards for relief provided in this
7 paragraph. Unless specified in the order, a sexual predator
8 who is granted relief under this paragraph must comply with
9 the requirements for registration as a sexual offender and
10 other requirements provided under s. 943.0435 or s. 944.607.
11 If a petitioner obtains an order from the court that imposed
12 the order designating the petitioner as a sexual predator
13 which removes such designation, the petitioner shall forward a
14 certified copy of the written findings or order to the
15 department in order to have the sexual predator designation
16 removed from the sexual predator registry.
17
18 The sheriff shall promptly provide to the department the
19 information received from the sexual predator.
20 (10) PENALTIES.--
21 (g) Any person who knows that a sexual predator is not
22 complying, or has not complied, with the requirements of this
23 section and who, with the intent to assist the sexual predator
24 in eluding a law enforcement agency that is seeking to find
25 the sexual predator to question the sexual predator about, or
26 to arrest the sexual predator for, his or her noncompliance
27 with the requirements of this section:
28 1. Withholds information from, or does not notify, the
29 law enforcement agency about the sexual predator's
30 noncompliance with the requirements of this section, and, if
31 known, the whereabouts of the sexual predator;
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1 2. Harbors, or attempts to harbor, or assists another
2 person in harboring or attempting to harbor, the sexual
3 predator;
4 3. Hides or attempts to hide, or assists another
5 person in hiding or attempting to hide, the sexual predator;
6 or
7 4. Provides information to the law enforcement agency
8 regarding the sexual predator which the person knows to be
9 false information,
10
11 commits a felony of the third degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does
13 not apply if the sexual predator is incarcerated in or is in
14 the custody of a state correctional facility, a private
15 correctional facility, a local jail, or a federal correctional
16 facility.
17 Section 3. Paragraph (a) of subsection (3) of section
18 775.082, Florida Statutes, is amended to read:
19 775.082 Penalties; applicability of sentencing
20 structures; mandatory minimum sentences for certain
21 reoffenders previously released from prison.--
22 (3) A person who has been convicted of any other
23 designated felony may be punished as follows:
24 (a)1. For a life felony committed prior to October 1,
25 1983, by a term of imprisonment for life or for a term of
26 years not less than 30.
27 2. For a life felony committed on or after October 1,
28 1983, by a term of imprisonment for life or by a term of
29 imprisonment not exceeding 40 years.
30 3. Except as provided in subparagraph 4., for a life
31 felony committed on or after July 1, 1995, by a term of
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1 imprisonment for life or by imprisonment for a term of years
2 not exceeding life imprisonment.
3 4. For a life felony committed on or after October 1,
4 2005, which is a violation of s. 800.04(5)(b), by:
5 a. A term of imprisonment for life, which shall be
6 incarceration of the person for the remainder of the person's
7 natural life; or
8 b. A split sentence that is a term of years not
9 exceeding life, followed by probation or community control for
10 the remainder of the person's natural life, as provided in s.
11 948.012(4).
12 Section 4. Paragraph (b) of subsection (5) of section
13 800.04, Florida Statutes, is amended to read:
14 800.04 Lewd or lascivious offenses committed upon or
15 in the presence of persons less than 16 years of age.--
16 (5) LEWD OR LASCIVIOUS MOLESTATION.--
17 (b) An offender 18 years of age or older who commits
18 lewd or lascivious molestation against a victim less than 12
19 years of age commits a life felony of the first degree,
20 punishable as provided in s. 775.082(3)(a)4. s. 775.082, s.
21 775.083, or s. 775.084.
22 Section 5. Paragraphs (f), (g), and (i) of subsection
23 (3) of section 921.0022, Florida Statutes, are amended to
24 read:
25 921.0022 Criminal Punishment Code; offense severity
26 ranking chart.--
27 (3) OFFENSE SEVERITY RANKING CHART
28
29 Florida Felony
30 Statute Degree Description
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1
2 (f) LEVEL 6
3 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
4 conviction.
5 499.0051(3) 2nd Forgery of pedigree papers.
6 499.0051(4) 2nd Purchase or receipt of legend
7 drug from unauthorized person.
8 499.0051(5) 2nd Sale of legend drug to
9 unauthorized person.
10 775.0875(1) 3rd Taking firearm from law
11 enforcement officer.
12 775.21(10) 3rd Sexual predators; failure to
13 register; failure to renew
14 driver's license or
15 identification card.
16 784.021(1)(a) 3rd Aggravated assault; deadly weapon
17 without intent to kill.
18 784.021(1)(b) 3rd Aggravated assault; intent to
19 commit felony.
20 784.041 3rd Felony battery.
21 784.048(3) 3rd Aggravated stalking; credible
22 threat.
23 784.048(5) 3rd Aggravated stalking of person
24 under 16.
25 784.07(2)(c) 2nd Aggravated assault on law
26 enforcement officer.
27 784.074(1)(b) 2nd Aggravated assault on sexually
28 violent predators facility staff.
29 784.08(2)(b) 2nd Aggravated assault on a person 65
30 years of age or older.
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1 784.081(2) 2nd Aggravated assault on specified
2 official or employee.
3 784.082(2) 2nd Aggravated assault by detained
4 person on visitor or other
5 detainee.
6 784.083(2) 2nd Aggravated assault on code
7 inspector.
8 787.02(2) 3rd False imprisonment; restraining
9 with purpose other than those in
10 s. 787.01.
11 790.115(2)(d) 2nd Discharging firearm or weapon on
12 school property.
13 790.161(2) 2nd Make, possess, or throw
14 destructive device with intent to
15 do bodily harm or damage
16 property.
17 790.164(1) 2nd False report of deadly explosive,
18 weapon of mass destruction, or
19 act of arson or violence to state
20 property.
21 790.19 2nd Shooting or throwing deadly
22 missiles into dwellings, vessels,
23 or vehicles.
24 794.011(8)(a) 3rd Solicitation of minor to
25 participate in sexual activity by
26 custodial adult.
27 794.05(1) 2nd Unlawful sexual activity with
28 specified minor.
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1 800.04(5)(d) 3rd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 less than 18 years.
5 800.04(6)(b) 2nd Lewd or lascivious conduct;
6 offender 18 years of age or
7 older.
8 806.031(2) 2nd Arson resulting in great bodily
9 harm to firefighter or any other
10 person.
11 810.02(3)(c) 2nd Burglary of occupied structure;
12 unarmed; no assault or battery.
13 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
14 but less than $100,000, grand
15 theft in 2nd degree.
16 812.015(9) 2nd Retail theft; property stolen
17 $300 or more; second or
18 subsequent conviction.
19 812.13(2)(c) 2nd Robbery, no firearm or other
20 weapon (strong-arm robbery).
21 817.034(4)(a)1. 1st Communications fraud, value
22 greater than $50,000.
23 817.4821(5) 2nd Possess cloning paraphernalia
24 with intent to create cloned
25 cellular telephones.
26 825.102(1) 3rd Abuse of an elderly person or
27 disabled adult.
28 825.102(3)(c) 3rd Neglect of an elderly person or
29 disabled adult.
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1 825.1025(3) 3rd Lewd or lascivious molestation of
2 an elderly person or disabled
3 adult.
4 825.103(2)(c) 3rd Exploiting an elderly person or
5 disabled adult and property is
6 valued at less than $20,000.
7 827.03(1) 3rd Abuse of a child.
8 827.03(3)(c) 3rd Neglect of a child.
9 827.071(2)&(3) 2nd Use or induce a child in a sexual
10 performance, or promote or direct
11 such performance.
12 836.05 2nd Threats; extortion.
13 836.10 2nd Written threats to kill or do
14 bodily injury.
15 843.12 3rd Aids or assists person to escape.
16 847.0135(3) 3rd Solicitation of a child, via a
17 computer service, to commit an
18 unlawful sex act.
19 914.23 2nd Retaliation against a witness,
20 victim, or informant, with bodily
21 injury.
22 943.0435(9) 3rd Sex offenders; failure to comply
23 with reporting requirements.
24 944.35(3)(a)2. 3rd Committing malicious battery upon
25 or inflicting cruel or inhuman
26 treatment on an inmate or
27 offender on community
28 supervision, resulting in great
29 bodily harm.
30 944.40 2nd Escapes.
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1 944.46 3rd Harboring, concealing, aiding
2 escaped prisoners.
3 944.47(1)(a)5. 2nd Introduction of contraband
4 (firearm, weapon, or explosive)
5 into correctional facility.
6 951.22(1) 3rd Intoxicating drug, firearm, or
7 weapon introduced into county
8 facility.
9 (g) LEVEL 7
10 316.027(1)(b) 2nd Accident involving death, failure
11 to stop; leaving scene.
12 316.193(3)(c)2. 3rd DUI resulting in serious bodily
13 injury.
14 316.1935(3)(b) 1st Causing serious bodily injury or
15 death to another person; driving
16 at high speed or with wanton
17 disregard for safety while
18 fleeing or attempting to elude
19 law enforcement officer who is in
20 a patrol vehicle with siren and
21 lights activated.
22 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
23 bodily injury.
24 402.319(2) 2nd Misrepresentation and negligence
25 or intentional act resulting in
26 great bodily harm, permanent
27 disfiguration, permanent
28 disability, or death.
29 409.920(2) 3rd Medicaid provider fraud.
30 456.065(2) 3rd Practicing a health care
31 profession without a license.
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1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
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1 484.013(1)(c) 3rd Preparing or dispensing optical
2 devices without a prescription.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 775.21(10)(a) 3rd Sexual predator; failure to
24 register; failure to renew
25 driver's license or
26 identification card.
27 775.21(10)(b) 3rd Sexual predator working where
28 children regularly congregate.
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1 775.21(10)(g) 3rd Failing to report or providing
2 false information about a sexual
3 predator; harboring or hiding a
4 sexual predator.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.048(7) 3rd Aggravated stalking; violation of
31 court order.
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1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.074(1)(a) 1st Aggravated battery on sexually
4 violent predators facility staff.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 784.083(1) 1st Aggravated battery on code
13 inspector.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 790.165(2) 2nd Manufacture, sell, possess, or
20 deliver hoax bomb.
21 790.165(3) 2nd Possessing, displaying, or
22 threatening to use any hoax bomb
23 while committing or attempting to
24 commit a felony.
25 790.166(3) 2nd Possessing, selling, using, or
26 attempting to use a hoax weapon
27 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.014(2)(b)2. 2nd Property stolen, cargo valued at
28 less than $50,000, grand theft in
29 2nd degree.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
31
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 943.0435(4)(c) 2nd Sexual offender vacating
7 permanent residence; failure to
8 comply with reporting
9 requirements.
10 943.0435(8) 2nd Sexual offender; remains in state
11 after indicating intent to leave;
12 failure to comply with reporting
13 requirements.
14 943.0435(9)(a) 3rd Sexual offender; failure to
15 comply with reporting
16 requirements.
17 943.0435(13) 3rd Failing to report or providing
18 false information about a sexual
19 offender; harboring or hiding a
20 sexual offender.
21 944.607(9) 3rd Sexual offender; failure to
22 comply with reporting
23 requirements.
24 944.607(10)(a) 3rd Sexual offender; failure to
25 submit to the taking of a
26 digitized photograph.
27 944.607(12) 3rd Failing to report or providing
28 false information about a sexual
29 offender; harboring or hiding a
30 sexual offender.
31 (i) LEVEL 9
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1 316.193
2 (3)(c)3.b. 1st DUI manslaughter; failing to
3 render aid or give information.
4 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
5 render aid or give information.
6 499.0053 1st Sale or purchase of contraband
7 legend drugs resulting in great
8 bodily harm.
9 560.123(8)(b)3. 1st Failure to report currency or
10 payment instruments totaling or
11 exceeding $100,000 by money
12 transmitter.
13 560.125(5)(c) 1st Money transmitter business by
14 unauthorized person, currency, or
15 payment instruments totaling or
16 exceeding $100,000.
17 655.50(10)(b)3. 1st Failure to report financial
18 transactions totaling or
19 exceeding $100,000 by financial
20 institution.
21 775.0844 1st Aggravated white collar crime.
22 782.04(1) 1st Attempt, conspire, or solicit to
23 commit premeditated murder.
24 782.04(3) 1st,PBL Accomplice to murder in
25 connection with arson, sexual
26 battery, robbery, burglary, and
27 other specified felonies.
28 782.051(1) 1st Attempted felony murder while
29 perpetrating or attempting to
30 perpetrate a felony enumerated in
31 s. 782.04(3).
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1 782.07(2) 1st Aggravated manslaughter of an
2 elderly person or disabled adult.
3 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
4 reward or as a shield or hostage.
5 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
6 or facilitate commission of any
7 felony.
8 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
9 interfere with performance of any
10 governmental or political
11 function.
12 787.02(3)(a) 1st False imprisonment; child under
13 age 13; perpetrator also commits
14 aggravated child abuse, sexual
15 battery, or lewd or lascivious
16 battery, molestation, conduct, or
17 exhibition.
18 790.161 1st Attempted capital destructive
19 device offense.
20 790.166(2) 1st,PBL Possessing, selling, using, or
21 attempting to use a weapon of
22 mass destruction.
23 794.011(2) 1st Attempted sexual battery; victim
24 less than 12 years of age.
25 794.011(2) Life Sexual battery; offender younger
26 than 18 years and commits sexual
27 battery on a person less than 12
28 years.
29 794.011(4) 1st Sexual battery; victim 12 years
30 or older, certain circumstances.
31
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1 794.011(8)(b) 1st Sexual battery; engage in sexual
2 conduct with minor 12 to 18 years
3 by person in familial or
4 custodial authority.
5 800.04(5)(b) Life 1st Lewd or lascivious molestation;
6 victim less than 12 years;
7 offender 18 years or older.
8 812.13(2)(a) 1st,PBL Robbery with firearm or other
9 deadly weapon.
10 812.133(2)(a) 1st,PBL Carjacking; firearm or other
11 deadly weapon.
12 812.135(2)(b) 1st Home-invasion robbery with
13 weapon.
14 817.568(7) 2nd,PBL Fraudulent use of personal
15 identification information of an
16 individual under the age of 18 by
17 his or her parent, legal
18 guardian, or person exercising
19 custodial authority.
20 827.03(2) 1st Aggravated child abuse.
21 847.0145(1) 1st Selling, or otherwise
22 transferring custody or control,
23 of a minor.
24 847.0145(2) 1st Purchasing, or otherwise
25 obtaining custody or control, of
26 a minor.
27
28
29
30
31
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1 859.01 1st Poisoning or introducing
2 bacteria, radioactive materials,
3 viruses, or chemical compounds
4 into food, drink, medicine, or
5 water with intent to kill or
6 injure another person.
7 893.135 1st Attempted capital trafficking
8 offense.
9 893.135(1)(a)3. 1st Trafficking in cannabis, more
10 than 10,000 lbs.
11 893.135
12 (1)(b)1.c. 1st Trafficking in cocaine, more than
13 400 grams, less than 150
14 kilograms.
15 893.135
16 (1)(c)1.c. 1st Trafficking in illegal drugs,
17 more than 28 grams, less than 30
18 kilograms.
19 893.135
20 (1)(d)1.c. 1st Trafficking in phencyclidine,
21 more than 400 grams.
22 893.135
23 (1)(e)1.c. 1st Trafficking in methaqualone, more
24 than 25 kilograms.
25 893.135
26 (1)(f)1.c. 1st Trafficking in amphetamine, more
27 than 200 grams.
28 893.135
29 (1)(h)1.c. 1st Trafficking in
30 gamma-hydroxybutyric acid (GHB),
31 10 kilograms or more.
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1 893.135
2 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
3 kilograms or more.
4 893.135
5 (1)(k)2.c. 1st Trafficking in Phenethylamines,
6 400 grams or more.
7 896.101(5)(c) 1st Money laundering, financial
8 instruments totaling or exceeding
9 $100,000.
10 896.104(4)(a)3. 1st Structuring transactions to evade
11 reporting or registration
12 requirements, financial
13 transactions totaling or
14 exceeding $100,000.
15 Section 6. Paragraph (o) is added to subsection (5) of
16 section 921.141, Florida Statutes, to read:
17 921.141 Sentence of death or life imprisonment for
18 capital felonies; further proceedings to determine sentence.--
19 (5) AGGRAVATING CIRCUMSTANCES.--Aggravating
20 circumstances shall be limited to the following:
21 (o) The capital felony was committed by a person
22 designated as a sexual predator pursuant to s. 775.21 or a
23 person previously designated as a sexual predator who had the
24 sexual-predator designation removed.
25 Section 7. Subsection (5) is added to section 943.043,
26 Florida Statutes, to read:
27 943.043 Toll-free telephone number; Internet
28 notification; sexual predator and sexual offender
29 information.--
30 (5) In an effort to ensure that sexual predators and
31 sexual offenders who fail to respond to address-verification
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1 attempts or who otherwise abscond from registration are
2 located in a timely manner, the department shall share
3 information with local law enforcement agencies. The
4 department shall use analytical resources to assist local law
5 enforcement agencies to determine the potential whereabouts of
6 any sexual predator or sexual offender who fails to respond to
7 address-verification attempts or who otherwise absconds from
8 registration. The department shall review and analyze all
9 available information concerning any such predator or offender
10 who fails to respond to address-verification attempts or who
11 otherwise absconds from registration and provide the
12 information to local law enforcement agencies in order to
13 assist the agencies in locating and apprehending the sexual
14 predator or sexual offender.
15 Section 8. Subsection (13) is added to section
16 943.0435, Florida Statutes, to read:
17 943.0435 Sexual offenders required to register with
18 the department; penalty.--
19 (13) Any person who knows that a sexual offender is
20 not complying, or has not complied, with the requirements of
21 this section and who, with the intent to assist the sexual
22 offender in eluding a law enforcement agency that is seeking
23 to find the sexual offender to question the sexual offender
24 about, or to arrest the sexual offender for, his or her
25 noncompliance with the requirements of this section:
26 1. Withholds information from, or does not notify, the
27 law enforcement agency about the sexual offender's
28 noncompliance with the requirements of this section, and, if
29 known, the whereabouts of the sexual offender;
30
31
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1 2. Harbors, or attempts to harbor, or assists another
2 person in harboring or attempting to harbor, the sexual
3 offender; or
4 3. Hides or attempts to hide, or assists another
5 person in hiding or attempting to hide, the sexual offender;
6 or
7 4. Provides information to the law enforcement agency
8 regarding the sexual offender that the person knows to be
9 false information,
10
11 commits a felony of the third degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084.
13 Section 9. Section 943.04352, Florida Statutes, is
14 created to read:
15 943.04352 Search of registration information regarding
16 sexual predators and sexual offenders required when placement
17 on misdemeanor probation.--When the court places a defendant
18 on misdemeanor probation pursuant to ss. 948.01 and 948.15,
19 the public or private entity providing probation services must
20 conduct a search of the probationer's name or other
21 identifying information against the registration information
22 regarding sexual predators and sexual offenders maintained by
23 the Department of Law Enforcement under s. 943.043. The
24 probation services provider may conduct the search using the
25 Internet site maintained by the Department of Law Enforcement.
26 Section 10. Subsection (12) is added to section
27 944.607, Florida Statutes, to read:
28 944.607 Notification to Department of Law Enforcement
29 of information on sexual offenders.--
30 (12) Any person who knows that a sexual offender is
31 not complying, or has not complied, with the requirements of
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1 this section and who, with the intent to assist the sexual
2 offender in eluding a law enforcement agency that is seeking
3 to find the sexual offender to question the sexual offender
4 about, or to arrest the sexual offender for, his or her
5 noncompliance with the requirements of this section:
6 1. Withholds information from, or does not notify, the
7 law enforcement agency about the sexual offender's
8 non-compliance with the requirements of this section, and, if
9 known, the whereabouts of the sexual offender;
10 2. Harbors, or attempts to harbor, or assists another
11 person in harboring or attempting to harbor, the sexual
12 offender; or
13 3. Hides or attempts to hide, or assists another
14 person in hiding or attempting to hide, the sexual offender;
15 or
16 4. Provides information to the law enforcement agency
17 regarding the sexual offender which the person knows to be
18 false information,
19
20 commits a felony of the third degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084. This subsection does
22 not apply if the sexual offender is incarcerated in or is in
23 the custody of a state correctional facility, a private
24 correctional facility, a local jail, or a federal correctional
25 facility.
26 Section 11. Subsection (10) is added to section
27 947.1405, Florida Statutes, to read:
28 947.1405 Conditional release program.--
29 (10) Effective for a releasee whose crime was
30 committed on or after October 1, 2005, in violation of chapter
31 794, s. 800.04, s. 827.071, or s. 847.0145, and the unlawful
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1 activity involved a victim who was 12 years of age or younger,
2 or for a releasee who is designated as a sexual predator
3 pursuant to s. 775.21, in addition to any other provision of
4 this section, the commission must order electronic monitoring
5 for the duration of the releasee's supervision.
6 Section 12. Subsection 948.012, Florida Statutes, is
7 amended to read:
8 948.012 Split sentence of probation or community
9 control and imprisonment.--
10 (1) Whenever punishment by imprisonment for a
11 misdemeanor or a felony, except for a capital felony, is
12 prescribed, the court, in its discretion, may, at the time of
13 sentencing, impose a split sentence whereby the defendant is
14 to be placed on probation or, with respect to any such felony,
15 into community control upon completion of any specified period
16 of such sentence which may include a term of years or less. In
17 such case, the court shall stay and withhold the imposition of
18 the remainder of sentence imposed upon the defendant and
19 direct that the defendant be placed upon probation or into
20 community control after serving such period as may be imposed
21 by the court. The period of probation or community control
22 shall commence immediately upon the release of the defendant
23 from incarceration, whether by parole or gain-time allowances.
24 (2) The court may also impose a split sentence whereby
25 the defendant is sentenced to a term of probation which may be
26 followed by a period of incarceration or, with respect to a
27 felony, into community control, as follows:
28 (a) If the offender meets the terms and conditions of
29 probation or community control, any term of incarceration may
30 be modified by court order to eliminate the term of
31 incarceration.
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1 (b) If the offender does not meet the terms and
2 conditions of probation or community control, the court may
3 revoke, modify, or continue the probation or community control
4 as provided in s. 948.06. If the probation or community
5 control is revoked, the court may impose any sentence that it
6 could have imposed at the time the offender was placed on
7 probation or community control. The court may not provide
8 credit for time served for any portion of a probation or
9 community control term toward a subsequent term of probation
10 or community control. However, the court may not impose a
11 subsequent term of probation or community control which, when
12 combined with any amount of time served on preceding terms of
13 probation or community control for offenses pending before the
14 court for sentencing, would exceed the maximum penalty
15 allowable as provided in s. 775.082. Such term of
16 incarceration shall be served under applicable law or county
17 ordinance governing service of sentences in state or county
18 jurisdiction. This paragraph does not prohibit any other
19 sanction provided by law.
20 (3) The court may also impose split probation whereby,
21 upon satisfactory completion of half the term of probation,
22 the Department of Corrections may place the offender on
23 administrative probation for the remainder of the term of
24 supervision.
25 (4) Effective for offenses committed on or after
26 October 1, 2005, the court must impose a split sentence
27 pursuant to subsection (1) for any person who is convicted of
28 a life felony for lewd and lascivious molestation pursuant to
29 s. 800.04(5)(b) if the court imposes a term of years in
30 accordance with s. 775.082(3)4.b. rather than life
31 imprisonment. The probation or community control portion of
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1 the split sentence imposed by the court for a defendant must
2 extend for the duration of the defendant's natural life and
3 include a condition that he or she be electronically
4 monitored.
5 Section 13. Section 948.061, Florida Statutes, is
6 created to read:
7 948.061 Identifying, assessing, and monitoring certain
8 high-risk offenders on community supervision; providing
9 cumulative criminal and supervision histories to the court.--
10 (1) By December 1, 2005, the department shall develop
11 a graduated risk assessment and alert system that continuously
12 identifies, assesses, and closely monitors a high-risk
13 offender who is placed on probation or in community control
14 and who:
15 (a) Has previously been placed on probation or in
16 community control and has a history of committing multiple
17 violations of community supervision in this state or in any
18 other jurisdiction or have previously been incarcerated in
19 this state or in any other jurisdiction; and
20 (b) Has experienced more than one of the following
21 risk factors that could potentially make the offender more
22 likely to pose a danger to others:
23 1. Attempted suicide or severe depression;
24 2. Marital instability or a history of domestic
25 violence;
26 3. A history of substance abuse;
27 4. Unemployment or substantial financial difficulties;
28 5. A history of violence or sex acts against children,
29 particularly involving strangers; or
30 6. Any other risk factor identified by the department.
31
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1 (2) Recognizing that an offender having an extensive
2 criminal history and multiple risk factors may pose a serious
3 threat to the community, the department shall consider the
4 cumulative impact of these risk factors and, if necessary,
5 place an offender on an elevated alert status and provide a
6 high level of supervision for the offender until the situation
7 stabilizes and the department no longer believes that the
8 offender poses a threat to others. In providing such
9 supervision and surveillance, the department shall increase
10 the number of office and home visits conducted by the
11 correctional probation officer; expand the number of and type
12 of employment, family, community, and neighborhood contacts by
13 the correctional probation officer; increase referrals to
14 available community mental health facilities and community
15 assistance programs; develop emergency communication plans and
16 alert systems for law enforcement agencies and the court in
17 order to quickly detain the offender in response to a
18 violation; and prioritize departmental resources in order to
19 more closely monitor the offender's activities in an effort to
20 prevent escalating criminal behavior.
21 (3) In providing criminal history and background
22 information to the court for these high-risk offenders, the
23 correctional probation officer shall provide in each report
24 submitted to the court and at each hearing before the court a
25 clear, complete, and concise cumulative and integrated
26 chronology of the offender's criminal history and prior terms
27 of probation or community control, including all substantive
28 or technical violations of probation or community control. The
29 department may adopt rules as necessary to administer this
30 section.
31
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1 (4) In monitoring the location of high-risk offenders,
2 the department, shall, no later than October 1, 2006, have
3 fingerprint-reading equipment and capability that will
4 immediately identify the probationer or community controllee
5 when they report to their designated probation officer and
6 alert department probation officials when probationers and
7 community controllees are subsequently rearrested.
8 Section 14. Section 948.062, Florida Statutes, is
9 created to read:
10 948.062 Reviewing and reporting serious offenses
11 committed by offenders placed on probation or community
12 control.--
13 (1) The department shall review the circumstances
14 related to an offender placed on probation or community
15 control who has been arrested while on supervision for the
16 following offenses:
17 (a) Any murder as provided in s. 782.04;
18 (b) Any sexual battery as provided in s. 794.011 or s.
19 794.023;
20 (c) Any sexual performance by a child as provided in
21 s. 827.071;
22 (d) Any kidnapping, false imprisonment, or luring of a
23 child as provided in s. 787.01, s. 782.07, or s. 787.025;
24 (e) Any lewd and lascivious battery or lewd and
25 lascivious molestation as provided in s. 800.04(4) or s.
26 800.04(5);
27 (f) Any aggravated child abuse as provided in s.
28 827.03(2);
29 (g) Any robbery with a firearm or other deadly weapon,
30 home invasion robbery, or carjacking as provided in s.
31 812.13(2)(a), s. 812.135, or s. 812.133;
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1 (h) Any aggravated stalking as provided in s.
2 784.048(3), (4), or (5);
3 (i) Any forcible felony as provided in s. 776.08,
4 committed by any person on probation or community control who
5 is designated as a sexual predator; or
6 (j) Any DUI manslaughter as provided in s.
7 316.193(3)(c), or vehicular or vessel homicide as provided in
8 s. 782.071 or s. 787.072, committed by any person who is on
9 probation or community control for an offense involving death
10 or injury resulting from a driving incident.
11
12 The review shall document whether the supervision of the
13 offender met enumerated rules, policies, and procedures and
14 whether supervision practices were followed.
15 (2) The department shall provide these reviews to the
16 Office of Program Policy Analysis and Government
17 Accountability. The Office of Program Policy Analysis and
18 Government Accountability shall analyze these reviews and
19 provide a written report to the President of the Senate and
20 the Speaker of the House of Representatives by March 1, 2006.
21 The report must include, at a minimum, any identified systemic
22 deficiencies in managing high-risk offenders on community
23 supervision; any patterns of noncompliance by correctional
24 probation officers; and recommendations for improving the
25 community supervision program.
26 Section 15. Section 948.063, Florida Statutes, is
27 created to read:
28 948.063 Violations of probation or community control
29 by designated sexual offenders and sexual predators.--If
30 probation or community control is revoked by the court
31 pursuant to s. 948.06(2)(e) and the offender is designated as
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1 a sexual offender or sexual predator pursuant to s. 775.21 for
2 unlawful sexual activity involving a victim 12 years of age or
3 under, and if the court imposes a subsequent term of
4 supervision following the revocation of probation or community
5 control, the court must order electronic monitoring as a
6 condition of the subsequent term of probation or community
7 control.
8 Section 16. Section 948.11, Florida Statutes, is
9 amended to read:
10 948.11 Electronic monitoring devices.--
11 (1)(a) The Department of Corrections may, at its
12 discretion, electronically monitor an offender sentenced to
13 community control.
14 (b) The Department of Corrections shall electronically
15 monitor an offender sentenced to criminal quarantine community
16 control 24 hours per day.
17 (2) The department shall develop and implement
18 procedures to notify, by the close of normal weekly business
19 hours, the chief circuit judge, the state attorney, and the
20 public defender of the type and number of electronic
21 monitoring devices or units available for utilization. Such
22 notification must include both a written notification and
23 notification by electronic mail where available.
24 (3)(2) Any offender placed on community control who
25 violates the terms and conditions of community control and is
26 restored to community control may be supervised by means of an
27 electronic monitoring device or system.
28 (4)(3) For those offenders being electronically
29 monitored, the Department of Corrections shall develop
30 procedures to determine, investigate, and report the
31 offender's noncompliance with the terms and conditions of
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1 sentence 24 hours per day. All reports of noncompliance shall
2 be immediately investigated by a community control officer.
3 (5)(4) The Department of Corrections may contract with
4 local law enforcement agencies to assist in the location and
5 apprehension of offenders who are in noncompliance as reported
6 by the electronic monitoring system. This contract is intended
7 to provide the department a means for providing immediate
8 investigation of noncompliance reports, especially after
9 normal office hours.
10 (6)(5) Any person being electronically monitored by
11 the department as a result of placement on community control
12 shall be required to pay a surcharge as provided in s.
13 948.09(2).
14 (7) For probationers, community controllees, or
15 conditional releasees who have current or prior convictions
16 for violent or sexual offenses, the department, in carrying
17 out a court or commission order to electronically monitor an
18 offender, must use a system that actively, and in real time,
19 monitors and identifies the offender's location and timely
20 reports or records the offender's presence near or within a
21 crime scene or in a prohibited area or the offender's
22 departure from specified geographic limitations.
23 Section 17. Section 948.15, Florida Statutes, is
24 amended to read:
25 948.15 Misdemeanor probation services.--
26 (1) Defendants found guilty of misdemeanors who are
27 placed on probation shall be under supervision not to exceed 6
28 months unless otherwise specified by the court. In relation
29 to any offense other than a felony in which the use of alcohol
30 is a significant factor, the period of probation may be up to
31 1 year.
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1 (2) A private entity or public entity under the
2 supervision of the board of county commissioners or the court
3 may provide probation services for offenders sentenced by the
4 county court.
5 (3) Any private entity providing services for the
6 supervision of misdemeanor probationers must contract with the
7 county in which the services are to be rendered. In a county
8 with a population of less than 70,000, the county court judge,
9 or the administrative judge of the county court in a county
10 that has more than one county court judge, must approve the
11 contract. Terms of the contract must state, but are not
12 limited to:
13 (a) The extent of the services to be rendered by the
14 entity providing supervision or rehabilitation.
15 (b) Staff qualifications and criminal record checks of
16 staff in accordance with essential standards established by
17 the American Correctional Association as of January 1, 1991.
18 (c) Staffing levels.
19 (d) The number of face-to-face contacts with the
20 offender.
21 (e) Procedures for handling the collection of all
22 offender fees and restitution.
23 (f) Procedures for handling indigent offenders which
24 ensure placement irrespective of ability to pay.
25 (g) Circumstances under which revocation of an
26 offender's probation may be recommended.
27 (h) Reporting and recordkeeping requirements.
28 (i) Default and contract termination procedures.
29 (j) Procedures that aid offenders with job assistance.
30 (k) Procedures for accessing criminal history records
31 of probationers.
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1
2 In addition, the entity shall supply the chief judge's office
3 with a quarterly report summarizing the number of offenders
4 supervised by the private entity, payment of the required
5 contribution under supervision or rehabilitation, and the
6 number of offenders for whom supervision or rehabilitation
7 will be terminated. All records of the entity must be open to
8 inspection upon the request of the county, the court, the
9 Auditor General, the Office of Program Policy Analysis and
10 Government Accountability, or agents thereof.
11 (4) A private entity that provides court-ordered
12 services to offenders and that charges a fee for such services
13 must register with the board of county commissioners in the
14 county in which the services are offered. The entity shall
15 provide the following information for each program it
16 operates:
17 (a) The length of time the program has been operating
18 in the county.
19 (b) A list of the staff and a summary of their
20 qualifications.
21 (c) A summary of the types of services that are
22 offered under the program.
23 (d) The fees the entity charges for court-ordered
24 services and its procedures, if any, for handling indigent
25 offenders.
26 (5) The private entity providing misdemeanor
27 supervision services shall also comply with all other
28 applicable provisions of law.
29 Section 18. Subsection (3) is added to section 948.30,
30 Florida Statutes, to read:
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1 948.30 Additional terms and conditions of probation or
2 community control for certain sex offenses.--Conditions
3 imposed pursuant to this section do not require oral
4 pronouncement at the time of sentencing and shall be
5 considered standard conditions of probation or community
6 control for offenders specified in this section.
7 (3) Effective for a probationer or community
8 controllee whose crime was committed on or after October 1,
9 2005, and who:
10 (a) Is placed on probation or community control for a
11 violation of chapter 794, s. 800.04, s. 827.071, or s.
12 847.0145 and the unlawful sexual activity involved a victim 12
13 years of age or under;
14 (b) Is designated a sexual predator pursuant to s.
15 775.21; or
16 (c) Has previously been convicted of a violation of
17 chapter 794, s. 800.04, s. 827.071, or s. 847.0145 and the
18 prior unlawful sexual activity involved a victim 12 years of
19 age or under,
20
21 the court must order, in addition to any other provision of
22 this section, mandatory electronic monitoring as a condition
23 of the probation or community control supervision.
24 Section 19.
25 (1)(a) There is created within the Department of Law
26 Enforcement a task force for the purpose of examining the
27 collection and dissemination of offender information within
28 the criminal justice system and community. The task force
29 shall recommend strategies and actions that may be implemented
30 to enhance coordination and cooperation among the various
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1 entities within the criminal justice system with a common goal
2 of public safety.
3 (b) The task force shall consist of the membership of
4 the Criminal Justice Information Systems Council set forth in
5 section 943.06, Florida Statutes.
6 (2)(a) The task force shall study and take testimony
7 regarding:
8 1. The collection and dissemination of offender
9 information, including criminal history and any other
10 pertinent matters, to the court, the prosecuting attorney, and
11 defense counsel at first appearance hearings.
12 2. The collection and dissemination of offender
13 information, including criminal history and any other
14 pertinent matters, to the court, the prosecuting attorney and
15 defense counsel at all court appearances subsequent to first
16 appearance.
17 3. The collection and dissemination of offender
18 information, including criminal history and any other
19 pertinent matters, to county probation officers or officials.
20 4. The current practice of local law enforcement
21 agencies as it relates to the collection and dissemination of
22 registered sexual predator and registered sexual offender
23 information to the public.
24 5. The current practice of local law enforcement
25 agencies as it relates to monitoring known registered sexual
26 predators and registered sexual offenders within their
27 jurisdiction.
28 6. The current practice of local law enforcement
29 agencies as it relates to disseminating missing-persons
30 information within their jurisdiction.
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1 7. Any other subject that the task force deems
2 relevant to the collection and dissemination of offender
3 information within the criminal justice system and community.
4 (b) The task force shall submit a preliminary draft
5 report of its findings and recommendations to the Governor,
6 the President of the Senate, and the Speaker of the House of
7 Representatives at least 45 days before the first day of the
8 2006 regular session of the Legislature. The final report
9 shall be filed with the Governor, the President of the Senate,
10 and the Speaker of the House of Representatives at least 30
11 days before the first day of the 2006 regular session. In
12 addition to the findings and recommendations included in the
13 final report, the report must include a draft of proposed
14 rules and proposed legislation for any recommendations
15 requiring proposed rules and proposed legislation.
16 (c) Each state agency shall fully cooperate with the
17 task force in the performance of its duties.
18 (3) All meetings of the task force and all business of
19 the task force for which reimbursement may be requested shall
20 be concluded before the final report is filed. The task force
21 is abolished July 1, 2006.
22 Section 20. The Office of Program Policy Analysis and
23 Governmental Accountability shall perform a study of the
24 effectiveness of Florida's sexual predator and sexual offender
25 registries and community and public notification provisions.
26 In addition to determining the effectiveness of the registries
27 and the notification provisions, the report shall focus on the
28 question of whether the registries and notification provisions
29 are sufficient to apprise communities of the presence of
30 sexual predators and sexual offenders who have committed
31 sexual offenses against children. The report shall also
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1 examine how local law enforcement agencies notify the public
2 and communities of the presence of sexual predators and
3 offenders. If the report finds deficiencies in the registries,
4 the notification provisions, or both, the report shall provide
5 options for correcting those deficiencies and shall include
6 the projected cost of implementing those options. The report
7 shall be submitted to the President of the Senate and the
8 Speaker of the House of Representatives by January 1, 2006.
9 Section 21. The sum of $5.2 million is appropriated
10 from the General Revenue Fund to the Department of Corrections
11 for the 2005-2006 fiscal year for the purpose of increasing by
12 1,200 units the number of active Global Positioning System
13 electronic monitoring devices available to the court when
14 placing offenders on felony probation or other forms of
15 community supervision authorized in chapters 948 and 947,
16 Florida Statutes.
17 Section 22. This act shall take effect October 1,
18 2005.
19
20 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
21 Senate Bill 1216
22
23 Creates the Jessica Lunsford Act, which provides for a number
of statutory changes to address high risk offenders,
24 including, but not limited to, enhancing sentencing of certain
sexual offenders, providing intensive monitoring through GPS
25 tracking certain high risk sexual offenders, identifying
sexual offenders likely to reoffend, modifying the sexual
26 predator and sexual offender registries, penalizing
individuals who knowingly harbor registered sexual predators
27 and sexual offenders who are not in compliance with
registration requirements, facilitating access to vital
28 criminal history records, and tripling the number of
electronic monitoring units available to the court. (See CS
29 for details.)
30
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