1 | Representative Vana offered the following: |
2 |
|
3 | Amendment to Senate Amendment (803170) (with title |
4 | amendment) |
5 | On page 1, line 17, through page 54, line 25, remove all of |
6 | said lines and insert: |
7 | Section 1. This act may be cited as the "Jessica Lunsford |
8 | Act." |
9 | Section 2. Paragraph (a) of subsection (5) of section |
10 | 216.136, Florida Statutes, is amended to read: |
11 | 216.136 Consensus estimating conferences; duties and |
12 | principals.-- |
13 | (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.-- |
14 | (a) Duties.--The Criminal Justice Estimating Conference |
15 | shall: |
16 | 1. Develop such official information relating to the |
17 | criminal justice system, including forecasts of prison |
18 | admissions and population and of supervised felony offender |
19 | admissions and population, as the conference determines is |
20 | needed for the state planning and budgeting system. |
21 | 2. Develop such official information relating to the |
22 | number of eligible discharges and the projected number of civil |
23 | commitments for determining space needs pursuant to the civil |
24 | proceedings provided under part V of chapter 394. |
25 | 3. Develop official information relating to the number of |
26 | sexual offenders and sexual predators who are required by law to |
27 | be placed on community control, probation, or conditional |
28 | release who are subject to electronic monitoring. |
29 | Section 3. Paragraph (a) of subsection (3) of section |
30 | 775.082, Florida Statutes, is amended to read: |
31 | 775.082 Penalties; applicability of sentencing structures; |
32 | mandatory minimum sentences for certain reoffenders previously |
33 | released from prison.-- |
34 | (3) A person who has been convicted of any other |
35 | designated felony may be punished as follows: |
36 | (a)1. For a life felony committed prior to October 1, |
37 | 1983, by a term of imprisonment for life or for a term of years |
38 | not less than 30. |
39 | 2. For a life felony committed on or after October 1, |
40 | 1983, by a term of imprisonment for life or by a term of |
41 | imprisonment not exceeding 40 years. |
42 | 3. Except as provided in subparagraph 4., for a life |
43 | felony committed on or after July 1, 1995, by a term of |
44 | imprisonment for life or by imprisonment for a term of years not |
45 | exceeding life imprisonment. |
46 | 4. For a life felony committed on or after September 1, |
47 | 2005, which is a violation of s. 800.04(5)(b), by: |
48 | a. A term of imprisonment for life; or |
49 | b. A split sentence that is a term of not less than 25 |
50 | years' imprisonment and not exceeding life imprisonment, |
51 | followed by probation or community control for the remainder of |
52 | the person's natural life and subject to a system of active |
53 | electronic monitoring that identifies the location of a |
54 | monitored offender and that can produce, upon request, reports |
55 | or records of the offender's presence near or within a crime |
56 | scene or prohibited area or the offender's departure from a |
57 | specified geographic location. |
58 | Section 4. Section 775.0821, Florida Statutes, is created |
59 | to read: |
60 | 775.0821 Tampering with or removal of electronic |
61 | monitoring device.-- |
62 | (1) Any person subject to electronic monitoring provided |
63 | in s. 775.082(3)(a)4.b., s. 947.1406, or s. 948.11(6) who, for |
64 | the purpose of facilitating the commission of a crime, removes, |
65 | defaces, alters, destroys, or fails to maintain the electronic |
66 | monitoring device in working order commits a felony of the first |
67 | degree, punishable as provided in s. 775.082 or s. 775.083. |
68 | (2) Any person subject to electronic monitoring under s. |
69 | 775.082(3)(a)4.b. must follow instructions provided by the |
70 | Department of Corrections or the electronic monitoring device |
71 | manufacturer to maintain the electronic monitoring device in |
72 | working order. Incidental damage or defacement of the electronic |
73 | monitoring device must be reported to the Department of |
74 | Corrections within 2 hours. Failure to comply with the reporting |
75 | requirement of this subsection is a felony of the third degree, |
76 | punishable as provided in s. 775.082 or s. 775.083. |
77 | Section 5. Paragraph (b) of subsection (4), paragraphs |
78 | (a), (b), and (l) of subsection (6), and paragraph (a) of |
79 | subsection (10) of section 775.21, Florida Statutes, are |
80 | amended, and paragraph (m) is added to subsection (6) of said |
81 | section, to read: |
82 | 775.21 The Florida Sexual Predators Act.-- |
83 | (4) SEXUAL PREDATOR CRITERIA.-- |
84 | (b) In order to be counted as a prior felony for purposes |
85 | of this subsection, the felony must have resulted in a |
86 | conviction sentenced separately, or an adjudication of |
87 | delinquency entered separately, prior to the current offense and |
88 | sentenced or adjudicated separately from any other felony |
89 | conviction that is to be counted as a prior felony. If the |
90 | offender's prior enumerated felony was committed more than 10 |
91 | years before the primary offense, it shall not be considered a |
92 | prior felony under this subsection if the offender has not been |
93 | convicted of any other crime for a period of 10 consecutive |
94 | years from the most recent date of release from confinement, |
95 | supervision, or sanction, whichever is later. |
96 | (6) REGISTRATION.-- |
97 | (a) A sexual predator must register with the department by |
98 | providing the following information to the department: |
99 | 1. Name, social security number, age, race, sex, date of |
100 | birth, height, weight, hair and eye color, photograph, address |
101 | of legal residence and address of any current temporary |
102 | residence, within the state or out of state, including a rural |
103 | route address and a post office box, date and place of any |
104 | employment, date and place of each conviction, fingerprints, and |
105 | a brief description of the crime or crimes committed by the |
106 | offender. In addition, any sexual predator sentenced to |
107 | electronic monitoring provided in s. 775.082(3)(a)4.b., s. |
108 | 947.1406, or s. 948.11(6) must provide that information to the |
109 | department. A post office box shall not be provided in lieu of a |
110 | physical residential address. |
111 | a. If the sexual predator's place of residence is a motor |
112 | vehicle, trailer, mobile home, or manufactured home, as defined |
113 | in chapter 320, the sexual predator shall also provide to the |
114 | department written notice of the vehicle identification number; |
115 | the license tag number; the registration number; and a |
116 | description, including color scheme, of the motor vehicle, |
117 | trailer, mobile home, or manufactured home. If a sexual |
118 | predator's place of residence is a vessel, live-aboard vessel, |
119 | or houseboat, as defined in chapter 327, the sexual predator |
120 | shall also provide to the department written notice of the hull |
121 | identification number; the manufacturer's serial number; the |
122 | name of the vessel, live-aboard vessel, or houseboat; the |
123 | registration number; and a description, including color scheme, |
124 | of the vessel, live-aboard vessel, or houseboat. |
125 | b. If the sexual predator is enrolled, employed, or |
126 | carrying on a vocation at an institution of higher education in |
127 | this state, the sexual predator shall also provide to the |
128 | department the name, address, and county of each institution, |
129 | including each campus attended, and the sexual predator's |
130 | enrollment or employment status. Each change in enrollment or |
131 | employment status shall be reported in person at the sheriff's |
132 | office, or the Department of Corrections if the sexual predator |
133 | is in the custody or control of or under the supervision of the |
134 | Department of Corrections, within 48 hours after any change in |
135 | status. The sheriff or the Department of Corrections shall |
136 | promptly notify each institution of the sexual predator's |
137 | presence and any change in the sexual predator's enrollment or |
138 | employment status. |
139 | 2. Any other information determined necessary by the |
140 | department, including criminal and corrections records; |
141 | nonprivileged personnel and treatment records; and evidentiary |
142 | genetic markers when available. |
143 | (b) If the sexual predator is in the custody or control |
144 | of, or under the supervision of, the Department of Corrections, |
145 | or is in the custody of a private correctional facility, the |
146 | sexual predator must register with the Department of |
147 | Corrections. The Department of Corrections shall provide to the |
148 | department registration information and the location of, and |
149 | local telephone number for, any Department of Corrections office |
150 | that is responsible for supervising the sexual predator. In |
151 | addition, The Department of Corrections shall also notify the |
152 | department if the sexual predator escapes or absconds from |
153 | custody or supervision or if the sexual predator dies. In |
154 | addition, for any sexual predator sentenced to electronic |
155 | monitoring provided in s. 775.082(3)(a)4.b., s. 947.1406, or s. |
156 | 948.11(6), the Department of Corrections must provide that |
157 | information to the department. |
158 | (l) A sexual predator must maintain registration with the |
159 | department for the duration of his or her life, unless the |
160 | sexual predator has received a full pardon or has had a |
161 | conviction set aside in a postconviction proceeding for any |
162 | offense that met the criteria for the sexual predator |
163 | designation. However, a sexual predator who was designated as a |
164 | sexual predator by a court before October 1, 1998, and who has |
165 | been lawfully released from confinement, supervision, or |
166 | sanction, whichever is later, for at least 10 years and has not |
167 | been arrested for any felony or misdemeanor offense since |
168 | release, may petition the criminal division of the circuit court |
169 | in the circuit in which the sexual predator resides for the |
170 | purpose of removing the sexual predator designation. A sexual |
171 | predator who was designated a sexual predator by a court on or |
172 | after October 1, 1998, who has been lawfully released from |
173 | confinement, supervision, or sanction, whichever is later, for |
174 | at least 20 years, and who has not been arrested for any felony |
175 | or misdemeanor offense since release may petition the criminal |
176 | division of the circuit court in the circuit in which the sexual |
177 | predator resides for the purpose of removing the sexual predator |
178 | designation. A sexual predator who was designated a sexual |
179 | predator by a court on or after September 1, 2005, who has been |
180 | lawfully released from confinement, supervision, or sanction, |
181 | whichever is later, for at least 30 years and who has not been |
182 | arrested for any felony or misdemeanor offense since release may |
183 | petition the criminal division of the circuit court in the |
184 | circuit in which the sexual predator resides for the purpose of |
185 | removing the sexual predator designation. The court may grant or |
186 | deny such relief if the petitioner demonstrates to the court |
187 | that he or she has not been arrested for any crime since |
188 | release, the requested relief complies with the provisions of |
189 | the federal Jacob Wetterling Act, as amended, and any other |
190 | federal standards applicable to the removal of the designation |
191 | as a sexual predator or required to be met as a condition for |
192 | the receipt of federal funds by the state, and the court is |
193 | otherwise satisfied that the petitioner is not a current or |
194 | potential threat to public safety. The state attorney in the |
195 | circuit in which the petition is filed must be given notice of |
196 | the petition at least 3 weeks before the hearing on the matter. |
197 | The state attorney may present evidence in opposition to the |
198 | requested relief or may otherwise demonstrate the reasons why |
199 | the petition should be denied. If the court denies the petition, |
200 | the court may set a future date at which the sexual predator may |
201 | again petition the court for relief, subject to the standards |
202 | for relief provided in this paragraph. Unless specified in the |
203 | order, a sexual predator who is granted relief under this |
204 | paragraph must comply with the requirements for registration as |
205 | a sexual offender and other requirements provided under s. |
206 | 943.0435 or s. 944.607. If a petitioner obtains an order from |
207 | the court that imposed the order designating the petitioner as a |
208 | sexual predator which removes such designation, the petitioner |
209 | shall forward a certified copy of the written findings or order |
210 | to the department in order to have the sexual predator |
211 | designation removed from the sexual predator registry. |
212 | (m)1. A sexual predator must report in person each year |
213 | during the month of the sexual predator's date of birth and |
214 | during the 6th month following the sexual predator's birth month |
215 | to the sheriff's office in the county in which he or she resides |
216 | or is otherwise located to reregister. The sheriff's office may |
217 | determine the appropriate times and days for reporting by the |
218 | sexual predator, which shall be consistent with the reporting |
219 | requirements of this paragraph. Reregistration shall include any |
220 | changes to information provided in paragraph (a). |
221 | 2. The sheriff's office shall, within 2 working days, |
222 | electronically submit and update all information provided by the |
223 | sexual predator to the department in a manner prescribed by the |
224 | department. This procedure shall be implemented by December 1, |
225 | 2005. |
226 |
|
227 | The sheriff shall promptly provide to the department the |
228 | information received from the sexual predator. |
229 | (10) PENALTIES.-- |
230 | (a) Except as otherwise specifically provided, a sexual |
231 | predator who fails to register; who fails, after registration, |
232 | to maintain, acquire, or renew a driver's license or |
233 | identification card; who fails to provide required location |
234 | information or change-of-name information; who fails to make a |
235 | required report in connection with vacating a permanent |
236 | residence; who fails to reregister as required; who fails to |
237 | respond to any address verification correspondence from the |
238 | department within 3 weeks after the date of the correspondence; |
239 | or who otherwise fails, by act or omission, to comply with the |
240 | requirements of this section, commits a felony of the third |
241 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
242 | 775.084. |
243 | Section 6. Section 775.235, Florida Statutes, is created |
244 | to read: |
245 | 775.235 Harboring sexual predator or sexual offender.--Any |
246 | person who knows or has reasonable cause to believe that a |
247 | sexual predator or sexual offender is not complying, or has not |
248 | complied, with the requirements of s. 775.21, s. 943.0435, or s. |
249 | 944.607 and who, with the intent to assist the sexual predator |
250 | or sexual offender in eluding a law enforcement agency that is |
251 | seeking to find the sexual predator or sexual offender to |
252 | question the sexual predator or sexual offender about, or to |
253 | arrest the sexual predator or sexual offender for, his or her |
254 | noncompliance with the requirements of this section: |
255 | (1) Withholds information from, or does not notify, the |
256 | law enforcement agency about the sexual predator or sexual |
257 | offender's noncompliance with the requirements of this section, |
258 | and, if known, the whereabouts of the sexual predator or sexual |
259 | offender; |
260 | (2) Harbors, or attempts to harbor, or assists another |
261 | person in harboring or attempting to harbor, the sexual predator |
262 | or sexual offender; |
263 | (3) Hides or attempts to hide, or assists another person |
264 | in hiding or attempting to hide, the sexual predator or sexual |
265 | offender; or |
266 | (4) Provides information to the law enforcement agency |
267 | regarding the sexual predator or sexual offender which the |
268 | person knows to be false information, |
269 |
|
270 | commits a felony of the third degree, punishable as provided in |
271 | s. 775.082 , s. 775.083, or s. 775.084. This paragraph does not |
272 | apply if the sexual predator or sexual offender is incarcerated |
273 | in or is in the custody of a state correctional facility, a |
274 | private correctional facility, a local jail, or a federal |
275 | correctional facility. |
276 | Section 7. Paragraph (b) of subsection (5) of section |
277 | 800.04, Florida Statutes, is amended to read: |
278 | 800.04 Lewd or lascivious offenses committed upon or in |
279 | the presence of persons less than 16 years of age.-- |
280 | (5) LEWD OR LASCIVIOUS MOLESTATION.-- |
281 | (b) An offender 18 years of age or older who commits lewd |
282 | or lascivious molestation against a victim less than 12 years of |
283 | age commits a life felony of the first degree, punishable as |
284 | provided in s. s. 775.082(3)(a)4. 775.082, s. 775.083, or s. |
285 | 775.084. |
286 | Section 8. Paragraphs (f) and (g) of subsection (3) of |
287 | section 921.0022, Florida Statutes, are amended to read: |
288 | 921.0022 Criminal Punishment Code; offense severity |
289 | ranking chart.-- |
290 | (3) OFFENSE SEVERITY RANKING CHART |
291 |
|
| FloridaStatute | FelonyDegree | Description |
|
292 |
|
| |
293 |
|
| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
294 |
|
| 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
295 |
|
| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
296 |
|
| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
297 |
|
| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
298 |
|
| 775.21(10) | 3rd | Sexual predators; failure to register; failure to renew driver's license or identification card. |
|
299 |
|
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
300 |
|
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
301 |
|
| 784.041 | 3rd | Felony battery. |
|
302 |
|
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
303 |
|
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
304 |
|
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
305 |
|
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
306 |
|
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
307 |
|
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
308 |
|
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
309 |
|
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
310 |
|
| 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
311 |
|
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
312 |
|
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
313 |
|
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
314 |
|
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
315 |
|
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
316 |
|
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
317 |
|
| 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
318 |
|
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
319 |
|
| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
320 |
|
| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
321 |
|
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
322 |
|
| 812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
323 |
|
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
324 |
|
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
325 |
|
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
326 |
|
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
327 |
|
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
328 |
|
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
329 |
|
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
330 |
|
| 827.03(1) | 3rd | Abuse of a child. |
|
331 |
|
| 827.03(3)(c) | 3rd | Neglect of a child. |
|
332 |
|
| 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
333 |
|
| 836.05 | 2nd | Threats; extortion. |
|
334 |
|
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
335 |
|
| 843.12 | 3rd | Aids or assists person to escape. |
|
336 |
|
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
337 |
|
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
338 |
|
| 943.0435(9) | 3rd | Sex offenders; failure to comply with reporting requirements. |
|
339 |
|
| 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
340 |
|
| |
341 |
|
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
342 |
|
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
343 |
|
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
344 |
|
| |
345 |
|
| 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
346 |
|
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
347 |
|
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
348 |
|
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
349 |
|
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
350 |
|
| 409.920(2) | 3rd | Medicaid provider fraud. |
|
351 |
|
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
352 |
|
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
353 |
|
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
354 |
|
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
355 |
|
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
356 |
|
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
357 |
|
| 462.17 | 3rd | Practicing naturopathy without a license. |
|
358 |
|
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
359 |
|
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
360 |
|
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
361 |
|
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
362 |
|
| 467.201 | 3rd | Practicing midwifery without a license. |
|
363 |
|
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
364 |
|
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
365 |
|
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
366 |
|
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
367 |
|
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
368 |
|
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
369 |
|
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
370 |
|
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
371 |
|
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
372 |
|
| 775.0821 | 3rd | Tampering with electronic monitoring device. |
|
373 |
|
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card. |
|
374 |
|
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
375 |
|
| 775.235 | 3rd | Harboring sexual predator or sexual offender. |
|
376 |
|
377 |
|
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
378 |
|
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
379 |
|
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
380 |
|
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
381 |
|
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
382 |
|
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
383 |
|
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
384 |
|
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
385 |
|
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
386 |
|
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
387 |
|
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
388 |
|
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
389 |
|
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
390 |
|
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
391 |
|
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
392 |
|
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
393 |
|
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
394 |
|
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
395 |
|
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
396 |
|
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
397 |
|
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
398 |
|
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
399 |
|
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
400 |
|
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
401 |
|
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
402 |
|
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
403 |
|
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
404 |
|
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
405 |
|
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
|
406 |
|
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
407 |
|
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
408 |
|
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
409 |
|
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
410 |
|
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
411 |
|
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
412 |
|
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
413 |
|
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
414 |
|
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
415 |
|
| 817.2341(2)(b) & (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
416 |
|
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
417 |
|
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
418 |
|
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
419 |
|
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
420 |
|
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
421 |
|
| |
422 |
|
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
423 |
|
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
424 |
|
| |
425 |
|
| 872.06 | 2nd | Abuse of a dead human body. |
|
426 |
|
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
427 |
|
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
428 |
|
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
429 |
|
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
430 |
|
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
431 |
|
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
432 |
|
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
433 |
|
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
434 |
|
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
435 |
|
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
436 |
|
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
437 |
|
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
438 |
|
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
439 |
|
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
440 |
|
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
441 |
|
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
442 |
|
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
443 |
|
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
444 |
|
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
445 |
|
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
446 |
|
447 | Section 9. Paragraph (o) is added to subsection (5) of |
448 | section 921.141, Florida Statutes, to read: |
449 | 921.141 Sentence of death or life imprisonment for capital |
450 | felonies; further proceedings to determine sentence.-- |
451 | (5) AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances |
452 | shall be limited to the following: |
453 | (o) The capital felony was committed by a person |
454 | designated a sexual predator under s. 775.21 or a person |
455 | previously designated a sexual predator whose sexual predator |
456 | designation had been removed. |
457 | Section 10. Subsection (5) is added to section 943.043, |
458 | Florida Statutes, to read: |
459 | 943.043 Toll-free telephone number; Internet notification; |
460 | sexual predator and sexual offender information.-- |
461 | (5) The department shall share information with local law |
462 | enforcement agencies to assist local law enforcement agencies in |
463 | determining the potential whereabouts of any sexual predator or |
464 | sexual offender who fails to respond to address-verification |
465 | attempts or otherwise absconds from registration. |
466 | Section 11. Subsection (13) is added to section 943.0435, |
467 | Florida Statutes, to read: |
468 | 943.0435 Sexual offenders required to register with the |
469 | department; penalty.-- |
470 | (13)(a) A sexual offender must report in person each year |
471 | during the month of the sexual offender's date of birth and |
472 | during the 6 month following the sexual offender's birth month |
473 | to the sheriff's office in the county in which he or she resides |
474 | or is otherwise located to reregister. The sheriff's office may |
475 | determine the appropriate times and days for reporting by the |
476 | sexual offender, which shall be consistent with the reporting |
477 | requirements of this paragraph. Reregistration shall include any |
478 | changes to the information provided in subsection (2). Any |
479 | sexual offender who fails to report in person as required at the |
480 | sheriff's office, or who fails to respond to any address |
481 | verification correspondence from the department within 3 weeks |
482 | after the date of the correspondence, commits a felony of the |
483 | third degree, punishable as provided in s. 775.082, s. 775.083, |
484 | or s. 775.084. |
485 | (b) The sheriff's office shall, within 2 working days, |
486 | electronically submit and update all information provided by the |
487 | sexual offender to the department in a manner prescribed by the |
488 | department. This procedure shall be implemented by December 1, |
489 | 2005. |
490 | Section 12. Section 943.04352, Florida Statutes, is |
491 | created to read: |
492 | 943.04352 Search of registration information regarding |
493 | sexual predators and sexual offenders required for misdemeanor |
494 | probation placement.--When the court places a defendant on |
495 | misdemeanor probation pursuant to ss. 948.01 and 948.15, the |
496 | public or private entity providing probation services must |
497 | conduct a search of the probationer's name or other identifying |
498 | information against the registration information regarding |
499 | sexual predators and sexual offenders maintained by the |
500 | Department of Law Enforcement under s. 943.043. The probation |
501 | services provider may conduct the search using the Internet site |
502 | maintained by the Department of Law Enforcement. |
503 | Section 13. Paragraph (a) of subsection (3) of section |
504 | 944.606, Florida Statutes, is amended to read: |
505 | 944.606 Sexual offenders; notification upon release.-- |
506 | (3)(a) The department must provide information regarding |
507 | any sexual offender who is being released after serving a period |
508 | of incarceration for any offense, as follows: |
509 | 1. The department must provide: the sexual offender's |
510 | name, any change in the offender's name by reason of marriage or |
511 | other legal process, and any alias, if known; the correctional |
512 | facility from which the sexual offender is released; the sexual |
513 | offender's social security number, race, sex, date of birth, |
514 | height, weight, and hair and eye color; date and county of |
515 | sentence and each crime for which the offender was sentenced; a |
516 | copy of the offender's fingerprints and a digitized photograph |
517 | taken within 60 days before release; the date of release of the |
518 | sexual offender; and the offender's intended residence address, |
519 | if known. The department shall notify the Department of Law |
520 | Enforcement if the sexual offender escapes, absconds, or dies. |
521 | In addition, for any sexual offender sentenced to electronic |
522 | monitoring provided in s. 775.082(3)(a)4.b., s. 947.1406, or s. |
523 | 948.11(6), the department must provide that information to the |
524 | Department of Law Enforcement. If the sexual offender is in the |
525 | custody of a private correctional facility, the facility shall |
526 | take the digitized photograph of the sexual offender within 60 |
527 | days before the sexual offender's release and provide this |
528 | photograph to the Department of Corrections and also place it in |
529 | the sexual offender's file. If the sexual offender is in the |
530 | custody of a local jail, the custodian of the local jail shall |
531 | notify the Department of Law Enforcement of the sexual |
532 | offender's release and provide to the Department of Law |
533 | Enforcement the information specified in this paragraph and any |
534 | information specified in subparagraph 2. that the Department of |
535 | Law Enforcement requests. |
536 | 2. The department may provide any other information deemed |
537 | necessary, including criminal and corrections records, |
538 | nonprivileged personnel and treatment records, when available. |
539 | Section 14. Paragraph (a) of subsection (4) of section |
540 | 944.607, Florida Statutes, is amended, and paragraph (h) is |
541 | added to subsection (6) of said section, to read: |
542 | 944.607 Notification to Department of Law Enforcement of |
543 | information on sexual offenders.-- |
544 | (4) A sexual offender, as described in this section, who |
545 | is under the supervision of the Department of Corrections but is |
546 | not incarcerated must register with the Department of |
547 | Corrections and provide information as required by this |
548 | subsection. |
549 | (a) The sexual offender shall provide his or her name; |
550 | date of birth; social security number; race; sex; height; |
551 | weight; hair and eye color; tattoos or other identifying marks; |
552 | and permanent or legal residence and address of temporary |
553 | residence within the state or out of state while the sexual |
554 | offender is under supervision in this state, including any rural |
555 | route address or post office box. In addition, any sexual |
556 | offender sentenced to electronic monitoring provided in s. |
557 | 775.082(3)(a)4.b., s. 947.1406, or s. 948.11(6) must provide |
558 | that information to the Department of Corrections. The |
559 | Department of Corrections shall verify the address of each |
560 | sexual offender in the manner described in ss. 775.21 and |
561 | 943.0435. |
562 | (6) The information provided to the Department of Law |
563 | Enforcement must include: |
564 | (h) Information obtained from the Department of |
565 | Corrections that a sexual offender has been sentenced to |
566 | electronic monitoring provided in s. 775.082(3)(a)4.b., s. |
567 | 947.1406, or s. 948.11(6). |
568 |
|
569 | If any information provided by the department changes during the |
570 | time the sexual offender is under the department's control, |
571 | custody, or supervision, including any change in the offender's |
572 | name by reason of marriage or other legal process, the |
573 | department shall, in a timely manner, update the information and |
574 | provide it to the Department of Law Enforcement in the manner |
575 | prescribed in subsection (2). |
576 | Section 15. Paragraph (b) of subsection (7) of section |
577 | 947.1405, Florida Statutes, is amended, paragraph (c) is added |
578 | to said subsection, subsection (9) is renumbered as subsection |
579 | (10), and a new subsection (9) is added to said section, to |
580 | read: |
581 | 947.1405 Conditional release program.-- |
582 | (7) |
583 | (b) For a releasee whose crime was committed on or after |
584 | October 1, 1997, in violation of chapter 794, s. 800.04, s. |
585 | 827.071, or s. 847.0145, and who is subject to conditional |
586 | release supervision, in addition to any other provision of this |
587 | section subsection, the commission shall impose the following |
588 | additional conditions of conditional release supervision: |
589 | 1. As part of a treatment program, participation in a |
590 | minimum of one annual polygraph examination to obtain |
591 | information necessary for risk management and treatment and to |
592 | reduce the sex offender's denial mechanisms. The polygraph |
593 | examination must be conducted by a polygrapher trained |
594 | specifically in the use of the polygraph for the monitoring of |
595 | sex offenders, where available, and at the expense of the sex |
596 | offender. The results of the polygraph examination shall not be |
597 | used as evidence in a hearing to prove that a violation of |
598 | supervision has occurred. |
599 | 2. Maintenance of a driving log and a prohibition against |
600 | driving a motor vehicle alone without the prior approval of the |
601 | supervising officer. |
602 | 3. A prohibition against obtaining or using a post office |
603 | box without the prior approval of the supervising officer. |
604 | 4. If there was sexual contact, a submission to, at the |
605 | probationer's or community controllee's expense, an HIV test |
606 | with the results to be released to the victim or the victim's |
607 | parent or guardian. |
608 | 5. Electronic monitoring of any form when ordered by the |
609 | commission. |
610 | (c) Effective for a releasee whose crime was committed on |
611 | or after September 1, 2005, in violation of chapter 794, s. |
612 | 800.04, s. 827.071, or s. 847.0145, and the unlawful activity |
613 | involved a victim who was 12 years of age or younger, or for a |
614 | releasee who is designated as a sexual predator pursuant to s. |
615 | 775.21, in addition to any other provision of this section, the |
616 | commission must order electronic monitoring for the duration of |
617 | the releasee's supervision. |
618 | (9) For a releasee placed on electronic monitoring under |
619 | paragraph (7)(c) who the commission determines is in violation |
620 | of any material condition of supervision, the commission shall |
621 | order the releasee returned to prison until the expiration of |
622 | the sentence of imprisonment. |
623 | Section 16. Section 947.1406, Florida Statutes, is created |
624 | to read: |
625 | 947.1406 Electronic monitoring for certain sex offenders |
626 | and sexual predators.--For any conditional releasee placed on |
627 | electronic monitoring under s. 947.1405(9), the department shall |
628 | use a system of active electronic monitoring that identifies the |
629 | location of a monitored offender and that can produce upon |
630 | request reports or records of the offender's presence near or |
631 | within a crime scene or prohibited area or the offender's |
632 | departure from a specified geographic location. |
633 | Section 17. Subsection (8) is added to section 948.06, |
634 | Florida Statutes, to read: |
635 | 948.06 Violation of probation or community control; |
636 | revocation; modification; continuance; failure to pay |
637 | restitution or cost of supervision.-- |
638 | (8) This subsection shall apply to any probationer or |
639 | community controllee under supervision for a violation of s. |
640 | 787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s. |
641 | 827.071, or s. 847.0145, or who is designated a sexual predator |
642 | under s. 775.21, regardless of when his or her crime was |
643 | committed. In any case, when a violation of supervision is |
644 | admitted or determined by the court to be proven, and the court |
645 | returns the violator to probation or community control |
646 | supervision, the court must, in addition to any other condition |
647 | of supervision, order electronic monitoring as described in s. |
648 | 948.11(6). |
649 | Section 18. Section 948.061, Florida Statutes, is created |
650 | to read: |
651 | 948.061 Identifying, assessing, and monitoring high-risk |
652 | sex offenders on community supervision; providing cumulative |
653 | criminal and supervision histories on the Internet.-- |
654 | (1) By December 1, 2005, the department shall develop a |
655 | graduated risk assessment that identifies, assesses, and closely |
656 | monitors a high-risk sex offender who is placed on probation or |
657 | in community control and who: |
658 | (a) Has previously been placed on probation or in |
659 | community control and has a history of committing multiple |
660 | violations of community supervision in this state or in any |
661 | other jurisdiction or has previously been incarcerated in this |
662 | state or in any other jurisdiction; and |
663 | (b) Has experienced more than one of the following risk |
664 | factors that could potentially make the offender more likely to |
665 | pose a danger to others: |
666 | 1. Previous conviction for domestic violence; |
667 | 2. History of substance abuse; |
668 | 3. Unemployment or substantial financial difficulties; |
669 | 4. Previous conviction for violence or sex acts against |
670 | children, particularly involving strangers; or |
671 | 5. Any other risk factor identified by the department. |
672 | (2) In providing criminal history and background |
673 | information to the court for these high-risk offenders, the |
674 | correctional probation officer shall provide in each report |
675 | submitted to the court and at each hearing before the court a |
676 | cumulative chronology of the offender's criminal history and |
677 | prior terms of state probation or community control, including |
678 | all substantive or technical violations of state probation or |
679 | community control. The department may adopt rules as necessary |
680 | to administer this section. The booking agency shall ensure that |
681 | state and national criminal history information, and all |
682 | criminal justice information available in the Florida Crime |
683 | Information Center and the National Crime Information Center is |
684 | provided to the court at the time of first appearance. |
685 | (3) In monitoring the location of high-risk offenders, the |
686 | department, shall, no later than October 1, 2006, have |
687 | fingerprint-reading equipment and capability that will |
688 | immediately identify probationers or community controllees when |
689 | they report to their designated probation officers and alert |
690 | department probation officials when probationers and community |
691 | controllees are subsequently rearrested. |
692 | Section 19. Subsection (6) is added to section 948.11, |
693 | Florida Statutes, to read: |
694 | 948.11 Electronic monitoring devices.-- |
695 | (6) For any probationer or community controllee placed on |
696 | electronic monitoring under s. 948.30(3), the Department of |
697 | Corrections shall use a system of active electronic monitoring |
698 | that identifies the location of a monitored offender and that |
699 | can produce, upon request, reports or records of the offender's |
700 | presence near or within a crime scene or prohibited area or the |
701 | offender's departure from a specified geographic location. |
702 | Section 21. Paragraph (k) is added to subsection (3) of |
703 | section 948.15, Florida Statutes, to read: |
704 | 948.15 Misdemeanor probation services.-- |
705 | (3) Any private entity providing services for the |
706 | supervision of misdemeanor probationers must contract with the |
707 | county in which the services are to be rendered. In a county |
708 | with a population of less than 70,000, the county court judge, |
709 | or the administrative judge of the county court in a county that |
710 | has more than one county court judge, must approve the contract. |
711 | Terms of the contract must state, but are not limited to: |
712 | (k) Procedures for accessing criminal history records of |
713 | probationers. |
714 |
|
715 | In addition, the entity shall supply the chief judge's office |
716 | with a quarterly report summarizing the number of offenders |
717 | supervised by the private entity, payment of the required |
718 | contribution under supervision or rehabilitation, and the number |
719 | of offenders for whom supervision or rehabilitation will be |
720 | terminated. All records of the entity must be open to inspection |
721 | upon the request of the county, the court, the Auditor General, |
722 | the Office of Program Policy Analysis and Government |
723 | Accountability, or agents thereof. |
724 | Section 22. Subsection (2) of section 948.30, Florida |
725 | Statutes, is amended, and subsection (3) is added to said |
726 | section, to read: |
727 | 948.30 Additional terms and conditions of probation or |
728 | community control for certain sex offenses.--Conditions imposed |
729 | pursuant to this section do not require oral pronouncement at |
730 | the time of sentencing and shall be considered standard |
731 | conditions of probation or community control for offenders |
732 | specified in this section. |
733 | (2) Effective for a probationer or community controllee |
734 | whose crime was committed on or after October 1, 1997, and who |
735 | is placed on community control or sex offender probation for a |
736 | violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, |
737 | in addition to any other provision of this section subsection, |
738 | the court must impose the following conditions of probation or |
739 | community control: |
740 | (a) As part of a treatment program, participation at least |
741 | annually in polygraph examinations to obtain information |
742 | necessary for risk management and treatment and to reduce the |
743 | sex offender's denial mechanisms. A polygraph examination must |
744 | be conducted by a polygrapher trained specifically in the use of |
745 | the polygraph for the monitoring of sex offenders, where |
746 | available, and shall be paid for by the sex offender. The |
747 | results of the polygraph examination shall not be used as |
748 | evidence in court to prove that a violation of community |
749 | supervision has occurred. |
750 | (b) Maintenance of a driving log and a prohibition against |
751 | driving a motor vehicle alone without the prior approval of the |
752 | supervising officer. |
753 | (c) A prohibition against obtaining or using a post office |
754 | box without the prior approval of the supervising officer. |
755 | (d) If there was sexual contact, a submission to, at the |
756 | probationer's or community controllee's expense, an HIV test |
757 | with the results to be released to the victim or the victim's |
758 | parent or guardian. |
759 | (e) Electronic monitoring when deemed necessary by the |
760 | community control or probation officer and his or her |
761 | supervisor, and ordered by the court at the recommendation of |
762 | the Department of Corrections. |
763 | (3) Effective for a probationer or community controllee |
764 | whose crime was committed on or after September 1, 2005, and who |
765 | is on community control or sex offender probation for a |
766 | violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, |
767 | or who is designated a sexual predator under s. 775.21, in |
768 | addition to any other provision of this section, the court shall |
769 | order electronic monitoring as provided in s. 948.11(6). |
770 | Section 23. Subsection (1) of section 1012.465, Florida |
771 | Statutes, is amended to read: |
772 | 1012.465 Background screening requirements for certain |
773 | noninstructional school district employees and contractors.-- |
774 | (1) Noninstructional school district employees or |
775 | contractual personnel who are permitted access on school grounds |
776 | when students are present, who have direct contact with |
777 | students, or who have access to or control of school funds must |
778 | meet level 2 screening requirements as described in s. 1012.32. |
779 | Contractual personnel shall include any vendor, individual, or |
780 | entity under contract with the school board. |
781 | Section 24. The Office of Program Policy Analysis and |
782 | Governmental Accountability shall perform a study of the |
783 | effectiveness of Florida's sexual predator and sexual offender |
784 | registration process and community and public notification |
785 | provisions. As part of determining the effectiveness of the |
786 | registration process, the OPPAGA shall examine the current |
787 | practices of the Department of Corrections, county probation |
788 | offices, clerks of court, court administrators, county jails and |
789 | booking facilities, the Department of Children and Family |
790 | Services, judges, state attorneys' offices, the Department of |
791 | Highway Safety and Motor Vehicles, the Department of Law |
792 | Enforcement, and local law enforcement agencies as they relate |
793 | to: sharing of offender information regarding registered sexual |
794 | predators and sexual offenders for purposes of fulfilling the |
795 | requirements set forth in the registration laws; ensuring the |
796 | most current and comprehensive information is provided in a |
797 | timely manner to the registry; ensuring the effective |
798 | supervision and subsequent monitoring of sexual predators and |
799 | offenders; and ensuring informed decisions are made at each |
800 | point of the criminal justice and registration process. In |
801 | addition to determining the effectiveness of the registration |
802 | process, the report shall focus on the question of whether the |
803 | notification provisions are sufficient to apprise communities of |
804 | the presence of sexual predators and sexual offenders. The |
805 | report shall examine how local law enforcement agencies collect |
806 | and disseminate information in an effort to notify the public |
807 | and communities of the presence of sexual predators and |
808 | offenders. If the report finds deficiencies in the registration |
809 | process, the notification provisions, or both, the report shall |
810 | provide options for correcting those deficiencies and shall |
811 | include the projected cost of implementing those options. In |
812 | conducting the study, the Office of Program Policy Analysis and |
813 | Governmental Accountability shall consult with the Florida |
814 | Council Against Sexual Violence and the Florida Association for |
815 | the Treatment of Sexual Abusers in addition to other interested |
816 | entities that may offer experiences and perspectives unique to |
817 | this area of research. The report shall be submitted to the |
818 | President of the Senate and the Speaker of the House of |
819 | Representatives at 3-year intervals with the initial report |
820 | being due on January 1, 2006. |
821 | Section 25. If any provision of this act or its |
822 | application to any person or circumstance is held invalid, the |
823 | invalidity does not affect other provisions or applications of |
824 | the act that can be given effect without the invalid provision |
825 | or application, and to this end the provisions of this act are |
826 | declared severable. |
827 | Section 26. This act shall take effect September 1, 2005. |
828 |
|
829 | ================= T I T L E A M E N D M E N T ================= |
830 | On page 55, line 2, through page 59, line 27, remove all of |
831 | said lines and insert: |
832 | A bill to be entitled |
833 | An act relating to sexual predators and sexual offenders; |
834 | providing a popular name; amending s. 216.136, F.S.; |
835 | assigning an additional responsibility to the Criminal |
836 | Justice Estimating Conference; amending s. 775.082, F.S.; |
837 | providing for specified sentencing of persons convicted of |
838 | the life felony offense in s. 800.04(5)(b), F.S.; creating |
839 | s. 775.0821, F.S.; creating a felony offense for removing, |
840 | altering, or failing to maintain an electronic monitoring |
841 | device for the purpose of committing a crime; providing |
842 | criminal penalties; amending s. 775.21, F.S.; revising |
843 | criteria for sexual predator designation; requiring |
844 | certain notification of sentence; providing for electronic |
845 | monitoring; extending period for petition to remove sexual |
846 | predator designation; creating s. 775.235, F.S.; |
847 | prohibiting the harboring of a sexual predator or sexual |
848 | offender; providing criminal penalties; amending s. |
849 | 800.04, F.S.; providing that it is a life felony for an |
850 | offender 18 years of age or older to commit lewd or |
851 | lascivious molestation against a victim younger than 12 |
852 | years of age; amending s. 921.0022, F.S.; revising ranking |
853 | for certain offenses involving sexual predators and sexual |
854 | offenders failing to comply with registration |
855 | requirements; ranking offenses involving sexual predators |
856 | and sexual offenders failing to comply with registration |
857 | and other requirements; amending s. 921.141, F.S.; |
858 | creating an aggravating circumstance pertaining to sexual |
859 | predators for purposes of imposing the death penalty; |
860 | amending s. 943.043, F.S.; requiring the Department of |
861 | Corrections to share information with local law |
862 | enforcement agencies to assist in determining the |
863 | potential whereabouts of registered sexual predators and |
864 | sexual offenders; amending s. 943.0435, F.S.; revising |
865 | provisions relating to sexual offender registration; |
866 | creating s. 943.04352, F.S.; requiring a search of the |
867 | sexual offender and sexual predator registry by entities |
868 | providing probation services; amending s. 944.606, F.S.; |
869 | requiring the Department of Corrections to provide |
870 | information regarding electronic monitoring to the |
871 | Department of Law Enforcement; amending s. 944.607, F.S.; |
872 | requiring sexual offenders sentenced to electronic |
873 | monitoring to provide such information to the Department |
874 | of Corrections and for such department to provide that |
875 | information to the Department of Law Enforcement; amending |
876 | s. 947.1405, F.S.; requiring sexual offenders and sexual |
877 | predators on conditional release to be placed on |
878 | electronic monitoring; requiring the Parole Commission to |
879 | order sexual offenders and sexual predators on conditional |
880 | release to be returned to prison until expiration of |
881 | sentence for any material violation of supervision; |
882 | creating s. 947.1406, F.S.; providing requirements for |
883 | electronic monitoring of sexual offenders and sexual |
884 | predators on conditional release; amending s. 948.06, |
885 | F.S.; requiring electronic monitoring for any violation of |
886 | probation or community control supervision by certain |
887 | offenders and sexual predators; creating s. 948.061, F.S.; |
888 | requiring the Department of Corrections to develop a risk |
889 | assessment and alert system to monitor certain offenders |
890 | placed on probation or community control; authorizing the |
891 | department to adopt rules; requiring the department to |
892 | have fingerprint-reading equipment and capability by a |
893 | specified date; amending s. 948.11, F.S.; providing |
894 | requirements for electronic monitoring of sexual offenders |
895 | and sexual predators on community control or probation; |
896 | amending s. 948.30, F.S.; requiring sexual offenders and |
897 | sexual predators on community control or probation to be |
898 | placed on electronic monitoring; requiring a study by the |
899 | Office of Program Policy Analysis and Governmental |
900 | Accountability on the effectiveness of Florida's sexual |
901 | predator and sexual offender registration process and |
902 | community and public notification provisions; providing |
903 | for severability; providing an effective date. |