| 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. |