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