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




    591-1966-05

  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.;

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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

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    Florida Senate - 2005                           CS for SB 1216
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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

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    Florida Senate - 2005                           CS for SB 1216
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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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    Florida Senate - 2005                           CS for SB 1216
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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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    Florida Senate - 2005                           CS for SB 1216
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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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    Florida Senate - 2005                           CS for SB 1216
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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

31  

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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.

31  

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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.

29  

30  

31  

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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.

30  

31  

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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.

31  

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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.

31  

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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.

29  

30  

31  

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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.

28  

29  

30  

31  

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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.

30  

31  

                                  18

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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.

29  

30  

31  

                                  19

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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.

25  

26  

27  

28  

29  

30  

31  

                                  20

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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.

                                  21

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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  

                                  22

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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

                                  23

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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).

                                  24

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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  

                                  25

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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  

                                  26

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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.

                                  27

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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

                                  28

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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  

                                  29

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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

                                  30

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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

                                  31

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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.

                                  32

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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

                                  33

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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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    Florida Senate - 2005                           CS for SB 1216
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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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    Florida Senate - 2005                           CS for SB 1216
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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:

31  

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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

31  

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    Florida Senate - 2005                           CS for SB 1216
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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.

31  

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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  

31  

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