Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1877, 1st Eng.
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                            CHAMBER ACTION
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11  Senator Argenziano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  This act may be cited as the "Jessica
18  Lunsford Act."
19         Section 2.  Paragraph (a) of subsection (5) of section
20  216.136, Florida Statutes, is amended to read:
21         216.136  Consensus estimating conferences; duties and
22  principals.--
23         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
24         (a)  Duties.--The Criminal Justice Estimating
25  Conference shall:
26         1.  Develop such official information relating to the
27  criminal justice system, including forecasts of prison
28  admissions and population and of supervised felony offender
29  admissions and population, as the conference determines is
30  needed for the state planning and budgeting system.
31         2.  Develop such official information relating to the
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 1  number of eligible discharges and the projected number of
 2  civil commitments for determining space needs pursuant to the
 3  civil proceedings provided under part V of chapter 394.
 4         3.  Develop official information relating to the number
 5  of sexual offenders and sexual predators who are required by
 6  law to be placed on community control, probation, or
 7  conditional release who are subject to electronic monitoring.
 8  In addition, the Office of Economic and Demographic Research
 9  shall study the factors relating to the sentencing of sex
10  offenders from the point of arrest through the imposition of
11  sanctions by the sentencing court, including original charges,
12  plea negotiations, trial dispositions, and sanctions. The
13  Department of Corrections, the Office of the State Courts
14  Administrator, the Florida Department of Law Enforcement, and
15  the State Attorneys shall provide information deemed necessary
16  for the study. The final report shall be provided to the
17  President of the Senate and Speaker of the House by March 1,
18  2006.
19         Section 3.  Paragraph (b) of subsection (4), paragraph
20  (l) of subsection (6), subsection (8), and subsection (10) of
21  section 775.21, Florida Statutes, are amended to read:
22         775.21  The Florida Sexual Predators Act.--
23         (4)  SEXUAL PREDATOR CRITERIA.--
24         (b)  In order to be counted as a prior felony for
25  purposes of this subsection, the felony must have resulted in
26  a conviction sentenced separately, or an adjudication of
27  delinquency entered separately, prior to the current offense
28  and sentenced or adjudicated separately from any other felony
29  conviction that is to be counted as a prior felony. If the
30  offender's prior enumerated felony was committed more than 10
31  years before the primary offense, it shall not be considered a
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 1  prior felony under this subsection if the offender has not
 2  been convicted of any other crime for a period of 10
 3  consecutive years from the most recent date of release from
 4  confinement, supervision, or sanction, whichever is later.
 5         (6)  REGISTRATION.--
 6         (l)  A sexual predator must maintain registration with
 7  the department for the duration of his or her life, unless the
 8  sexual predator has received a full pardon or has had a
 9  conviction set aside in a postconviction proceeding for any
10  offense that met the criteria for the sexual predator
11  designation. However, a sexual predator who was designated as
12  a sexual predator by a court before October 1, 1998, and who
13  has been lawfully released from confinement, supervision, or
14  sanction, whichever is later, for at least 10 years and has
15  not been arrested for any felony or misdemeanor offense since
16  release, may petition the criminal division of the circuit
17  court in the circuit in which the sexual predator resides for
18  the purpose of removing the sexual predator designation. A
19  sexual predator who was designated a sexual predator by a
20  court on or after October 1, 1998, who has been lawfully
21  released from confinement, supervision, or sanction, whichever
22  is later, for at least 20 years, and who has not been arrested
23  for any felony or misdemeanor offense since release may
24  petition the criminal division of the circuit court in the
25  circuit in which the sexual predator resides for the purpose
26  of removing the sexual predator designation. A sexual predator
27  who was designated as a sexual predator by a court on or after
28  September 1, 2005, who has been lawfully released from
29  confinement, supervision, or sanction, whichever is later, for
30  at least 30 years, and who has not been arrested for any
31  felony or misdemeanor offense since release may petition the
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 1  criminal division of the circuit court in the circuit in which
 2  the sexual predator resides for the purpose of removing the
 3  sexual predator designation. The court may grant or deny such
 4  relief if the petitioner demonstrates to the court that he or
 5  she has not been arrested for any crime since release, the
 6  requested relief complies with the provisions of the federal
 7  Jacob Wetterling Act, as amended, and any other federal
 8  standards applicable to the removal of the designation as a
 9  sexual predator or required to be met as a condition for the
10  receipt of federal funds by the state, and the court is
11  otherwise satisfied that the petitioner is not a current or
12  potential threat to public safety. The state attorney in the
13  circuit in which the petition is filed must be given notice of
14  the petition at least 3 weeks before the hearing on the
15  matter. The state attorney may present evidence in opposition
16  to the requested relief or may otherwise demonstrate the
17  reasons why the petition should be denied. If the court denies
18  the petition, the court may set a future date at which the
19  sexual predator may again petition the court for relief,
20  subject to the standards for relief provided in this
21  paragraph. Unless specified in the order, a sexual predator
22  who is granted relief under this paragraph must comply with
23  the requirements for registration as a sexual offender and
24  other requirements provided under s. 943.0435 or s. 944.607.
25  If a petitioner obtains an order from the court that imposed
26  the order designating the petitioner as a sexual predator
27  which removes such designation, the petitioner shall forward a
28  certified copy of the written findings or order to the
29  department in order to have the sexual predator designation
30  removed from the sexual predator registry.
31  
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 1  The sheriff shall promptly provide to the department the
 2  information received from the sexual predator.
 3         (8)  VERIFICATION.--The department and the Department
 4  of Corrections shall implement a system for verifying the
 5  addresses of sexual predators. The system must be consistent
 6  with the provisions of the federal Jacob Wetterling Act, as
 7  amended, and any other federal standards applicable to such
 8  verification or required to be met as a condition for the
 9  receipt of federal funds by the state. The Department of
10  Corrections shall verify the addresses of sexual predators who
11  are not incarcerated but who reside in the community under the
12  supervision of the Department of Corrections. County and local
13  law enforcement agencies, in conjunction with the department,
14  shall verify the addresses of sexual predators who are not
15  under the care, custody, control, or supervision of the
16  Department of Corrections.
17         (a)  A sexual predator must report in person each year
18  during the month of the sexual predator's birthday and during
19  the sixth month following the sexual predator's birth month to
20  the sheriff's office in the county in which he or she resides
21  or is otherwise located to reregister. The sheriff's office
22  may determine the appropriate times and days for reporting by
23  the sexual predator, which shall be consistent with the
24  reporting requirements of this paragraph. Reregistration shall
25  include any changes to the following information:
26         1.  Name; social security number; age; race; sex; date
27  of birth; height; weight; hair and eye color; address of any
28  permanent residence and address of any current temporary
29  residence, within the state or out of state, including a rural
30  route address and a post office box; date and place of any
31  employment; vehicle make, model, color, and license tag
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 1  number; fingerprints; and photograph. A post office box shall
 2  not be provided in lieu of a physical residential address.
 3         2.  If the sexual predator is enrolled, employed, or
 4  carrying on a vocation at an institution of higher education
 5  in this state, the sexual predator shall also provide to the
 6  department the name, address, and county of each institution,
 7  including each campus attended, and the sexual predator's
 8  enrollment or employment status.
 9         3.  If the sexual predator's place of residence is a
10  motor vehicle, trailer, mobile home, or manufactured home, as
11  defined in chapter 320, the sexual predator shall also provide
12  vehicle identification number; the license tag number; the
13  registration number; and a description, including color
14  scheme, of the motor vehicle, trailer, mobile home, or
15  manufactured home. If the sexual predator's place of residence
16  is a vessel, live-aboard vessel, or houseboat, as defined in
17  chapter 327, the sexual predator shall also provide the hull
18  identification number; the manufacturer's serial number; the
19  name of the vessel, live-aboard vessel, or houseboat; the
20  registration number; and a description, including color
21  scheme, of the vessel, live-aboard vessel, or houseboat.
22         (b)  The sheriff's office shall, within 2 working days,
23  electronically submit and update all information provided by
24  the sexual predator to the department in a manner prescribed
25  by the department. This procedure shall be implemented by
26  December 1, 2005.
27         (10)  PENALTIES.--.
28         (a)  Except as otherwise specifically provided, a
29  sexual predator who fails to register; who fails, after
30  registration, to maintain, acquire, or renew a driver's
31  license or identification card; who fails to provide required
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 1  location information or change-of-name information; who fails
 2  to make a required report in connection with vacating a
 3  permanent residence; who fails to reregister as required; who
 4  fails to respond to any address verification correspondence
 5  from the department within three weeks of the date of the
 6  correspondence; or who otherwise fails, by act or omission, to
 7  comply with the requirements of this section, commits a felony
 8  of the third degree, punishable as provided in s. 775.082, s.
 9  775.083, or s. 775.084.
10         (b)  A sexual predator who has been convicted of or
11  found to have committed, or has pled nolo contendere or guilty
12  to, regardless of adjudication, any violation, or attempted
13  violation, of s. 787.01, s. 787.02, or s. 787.025, where the
14  victim is a minor and the defendant is not the victim's
15  parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
16  796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or
17  a violation of a similar law of another jurisdiction, when the
18  victim of the offense was a minor, and who works, whether for
19  compensation or as a volunteer, at any business, school, day
20  care center, park, playground, or other place where children
21  regularly congregate, commits a felony of the third degree,
22  punishable as provided in s. 775.082, s. 775.083, or s.
23  775.084.
24         (c)  Any person who misuses public records information
25  relating to a sexual predator, as defined in this section, or
26  a sexual offender, as defined in s. 943.0435 or s. 944.607, to
27  secure a payment from such a predator or offender; who
28  knowingly distributes or publishes false information relating
29  to such a predator or offender which the person misrepresents
30  as being public records information; or who materially alters
31  public records information with the intent to misrepresent the
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 1  information, including documents, summaries of public records
 2  information provided by law enforcement agencies, or public
 3  records information displayed by law enforcement agencies on
 4  websites or provided through other means of communication,
 5  commits a misdemeanor of the first degree, punishable as
 6  provided in s. 775.082 or s. 775.083.
 7         (d)  A sexual predator who commits any act or omission
 8  in violation of this section may be prosecuted for the act or
 9  omission in the county in which the act or omission was
10  committed, the county of the last registered address of the
11  sexual predator, or the county in which the conviction
12  occurred for the offense or offenses that meet the criteria
13  for designating a person as a sexual predator.  In addition, a
14  sexual predator may be prosecuted for any such act or omission
15  in the county in which he or she was designated a sexual
16  predator.
17         (e)  An arrest on charges of failure to register, the
18  service of an information or a complaint for a violation of
19  this section, or an arraignment on charges for a violation of
20  this section constitutes actual notice of the duty to register
21  when the predator has been provided and advised of his or her
22  statutory obligation to register under subsection (6). A
23  sexual predator's failure to immediately register as required
24  by this section following such arrest, service, or arraignment
25  constitutes grounds for a subsequent charge of failure to
26  register. A sexual predator charged with the crime of failure
27  to register who asserts, or intends to assert, a lack of
28  notice of the duty to register as a defense to a charge of
29  failure to register shall immediately register as required by
30  this section. A sexual predator who is charged with a
31  subsequent failure to register may not assert the defense of a
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 1  lack of notice of the duty to register.
 2         (f)  Registration following such arrest, service, or
 3  arraignment is not a defense and does not relieve the sexual
 4  predator of criminal liability for the failure to register.
 5         (g)  Any person who has reason to believe that a sexual
 6  predator is not complying, or has not complied, with the
 7  requirements of this section and who, with the intent to
 8  assist the sexual predator in eluding a law enforcement agency
 9  that is seeking to find the sexual predator to question the
10  sexual predator about, or to arrest the sexual predator for,
11  his or her noncompliance with the requirements of this
12  section:
13         1.  Withholds information from, or does not notify, the
14  law enforcement agency about the sexual predator's
15  noncompliance with the requirements of this section, and, if
16  known, the whereabouts of the sexual predator;
17         2.  Harbors, or attempts to harbor, or assists another
18  person in harboring or attempting to harbor, the sexual
19  predator;
20         3.  Conceals or attempts to conceal, or assists another
21  person in concealing or attempting to conceal, the sexual
22  predator; or
23         4.  Provides information to the law enforcement agency
24  regarding the sexual predator which the person knows to be
25  false information,
26  
27  commits a felony of the third degree, punishable as provided
28  in s. 775.082, s. 775.083, or s. 775.084. This paragraph does
29  not apply if the sexual predator is incarcerated in or is in
30  the custody of a state correctional facility, a private
31  correctional facility, a local jail, or a federal correctional
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 1  facility.
 2         Section 4.  Paragraph (a) of subsection (3) of section
 3  775.082, Florida Statutes, is amended to read:
 4         775.082  Penalties; applicability of sentencing
 5  structures; mandatory minimum sentences for certain
 6  reoffenders previously released from prison.--
 7         (3)  A person who has been convicted of any other
 8  designated felony may be punished as follows:
 9         (a)1.  For a life felony committed prior to October 1,
10  1983, by a term of imprisonment for life or for a term of
11  years not less than 30.
12         2.  For a life felony committed on or after October 1,
13  1983, by a term of imprisonment for life or by a term of
14  imprisonment not exceeding 40 years.
15         3.  Except as provided in subparagraph 4., for a life
16  felony committed on or after July 1, 1995, by a term of
17  imprisonment for life or by imprisonment for a term of years
18  not exceeding life imprisonment.
19         4.  For a life felony committed on or after September
20  1, 2005, which is a violation of s. 800.04(5)(b), by:
21         a.  A term of imprisonment for life; or
22         b.  A split sentence that is a term of not less than 25
23  years imprisonment and not exceeding life imprisonment,
24  followed by probation or community control for the remainder
25  of the person's natural life, as provided in s. 948.012(4).
26         Section 5.  Paragraph (b) of subsection (5) of section
27  800.04, Florida Statutes, is amended to read:
28         800.04  Lewd or lascivious offenses committed upon or
29  in the presence of persons less than 16 years of age.--
30         (5)  LEWD OR LASCIVIOUS MOLESTATION.--
31         (b)  An offender 18 years of age or older who commits
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 1  lewd or lascivious molestation against a victim less than 12
 2  years of age commits a life felony of the first degree,
 3  punishable as provided in s. 775.082(3)(a)4. s. 775.082, s.
 4  775.083, or s. 775.084.
 5         Section 6.  Paragraphs (f), (g), and (i) of subsection
 6  (3) of section 921.0022, Florida Statutes, are amended to
 7  read:
 8         921.0022  Criminal Punishment Code; offense severity
 9  ranking chart.--
10         (3)  OFFENSE SEVERITY RANKING CHART
11  
12  Florida           Felony
13  Statute           Degree             Description
14  
15                     
16                              (f)  LEVEL 6
17  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent
18                              conviction.
19  499.0051(3)        2nd      Forgery of pedigree papers.
20  499.0051(4)        2nd      Purchase or receipt of legend
21                              drug from unauthorized person.
22  499.0051(5)        2nd      Sale of legend drug to
23                              unauthorized person.
24  775.0875(1)        3rd      Taking firearm from law
25                              enforcement officer.
26  775.21(10)         3rd      Sexual predators; failure to
27                              register; failure to renew
28                              driver's license or
29                              identification card.
30  784.021(1)(a)      3rd      Aggravated assault; deadly weapon
31                              without intent to kill.
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 1  784.021(1)(b)      3rd      Aggravated assault; intent to
 2                              commit felony.
 3  784.041            3rd      Felony battery.
 4  784.048(3)         3rd      Aggravated stalking; credible
 5                              threat.
 6  784.048(5)         3rd      Aggravated stalking of person
 7                              under 16.
 8  784.07(2)(c)       2nd      Aggravated assault on law
 9                              enforcement officer.
10  784.074(1)(b)      2nd      Aggravated assault on sexually
11                              violent predators facility staff.
12  784.08(2)(b)       2nd      Aggravated assault on a person 65
13                              years of age or older.
14  784.081(2)         2nd      Aggravated assault on specified
15                              official or employee.
16  784.082(2)         2nd      Aggravated assault by detained
17                              person on visitor or other
18                              detainee.
19  784.083(2)         2nd      Aggravated assault on code
20                              inspector.
21  787.02(2)          3rd      False imprisonment; restraining
22                              with purpose other than those in
23                              s. 787.01.
24  790.115(2)(d)      2nd      Discharging firearm or weapon on
25                              school property.
26  790.161(2)         2nd      Make, possess, or throw
27                              destructive device with intent to
28                              do bodily harm or damage
29                              property.
30  790.164(1)         2nd      False report of deadly explosive,
31                              weapon of mass destruction, or
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 1                              act of arson or violence to state
 2                              property.
 3  790.19             2nd      Shooting or throwing deadly
 4                              missiles into dwellings, vessels,
 5                              or vehicles.
 6  794.011(8)(a)      3rd      Solicitation of minor to
 7                              participate in sexual activity by
 8                              custodial adult.
 9  794.05(1)          2nd      Unlawful sexual activity with
10                              specified minor.
11  800.04(5)(d)       3rd      Lewd or lascivious molestation;
12                              victim 12 years of age or older
13                              but less than 16 years; offender
14                              less than 18 years.
15  800.04(6)(b)       2nd      Lewd or lascivious conduct;
16                              offender 18 years of age or
17                              older.
18  806.031(2)         2nd      Arson resulting in great bodily
19                              harm to firefighter or any other
20                              person.
21  810.02(3)(c)       2nd      Burglary of occupied structure;
22                              unarmed; no assault or battery.
23  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,
24                              but less than $100,000, grand
25                              theft in 2nd degree.
26  812.015(9)         2nd      Retail theft; property stolen
27                              $300 or more; second or
28                              subsequent conviction.
29  812.13(2)(c)       2nd      Robbery, no firearm or other
30                              weapon (strong-arm robbery).
31  
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 1  817.034(4)(a)1.    1st      Communications fraud, value
 2                              greater than $50,000.
 3  817.4821(5)        2nd      Possess cloning paraphernalia
 4                              with intent to create cloned
 5                              cellular telephones.
 6  825.102(1)         3rd      Abuse of an elderly person or
 7                              disabled adult.
 8  825.102(3)(c)      3rd      Neglect of an elderly person or
 9                              disabled adult.
10  825.1025(3)        3rd      Lewd or lascivious molestation of
11                              an elderly person or disabled
12                              adult.
13  825.103(2)(c)      3rd      Exploiting an elderly person or
14                              disabled adult and property is
15                              valued at less than $20,000.
16  827.03(1)          3rd      Abuse of a child.
17  827.03(3)(c)       3rd      Neglect of a child.
18  827.071(2)&(3)     2nd      Use or induce a child in a sexual
19                              performance, or promote or direct
20                              such performance.
21  836.05             2nd      Threats; extortion.
22  836.10             2nd      Written threats to kill or do
23                              bodily injury.
24  843.12             3rd      Aids or assists person to escape.
25  847.0135(3)        3rd      Solicitation of a child, via a
26                              computer service, to commit an
27                              unlawful sex act.
28  914.23             2nd      Retaliation against a witness,
29                              victim, or informant, with bodily
30                              injury.
31  
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 1  943.0435(9)        3rd      Sex offenders; failure to comply
 2                              with reporting requirements.
 3  944.35(3)(a)2.     3rd      Committing malicious battery upon
 4                              or inflicting cruel or inhuman
 5                              treatment on an inmate or
 6                              offender on community
 7                              supervision, resulting in great
 8                              bodily harm.
 9  944.40             2nd      Escapes.
10  944.46             3rd      Harboring, concealing, aiding
11                              escaped prisoners.
12  944.47(1)(a)5.     2nd      Introduction of contraband
13                              (firearm, weapon, or explosive)
14                              into correctional facility.
15  951.22(1)          3rd      Intoxicating drug, firearm, or
16                              weapon introduced into county
17                              facility.
18                              (g)  LEVEL 7
19  316.027(1)(b)      2nd      Accident involving death, failure
20                              to stop; leaving scene.
21  316.193(3)(c)2.    3rd      DUI resulting in serious bodily
22                              injury.
23  316.1935(3)(b)     1st      Causing serious bodily injury or
24                              death to another person; driving
25                              at high speed or with wanton
26                              disregard for safety while
27                              fleeing or attempting to elude
28                              law enforcement officer who is in
29                              a patrol vehicle with siren and
30                              lights activated.
31  
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 1  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious
 2                              bodily injury.
 3  402.319(2)         2nd      Misrepresentation and negligence
 4                              or intentional act resulting in
 5                              great bodily harm, permanent
 6                              disfiguration, permanent
 7                              disability, or death.
 8  409.920(2)         3rd      Medicaid provider fraud.
 9  456.065(2)         3rd      Practicing a health care
10                              profession without a license.
11  456.065(2)         2nd      Practicing a health care
12                              profession without a license
13                              which results in serious bodily
14                              injury.
15  458.327(1)         3rd      Practicing medicine without a
16                              license.
17  459.013(1)         3rd      Practicing osteopathic medicine
18                              without a license.
19  460.411(1)         3rd      Practicing chiropractic medicine
20                              without a license.
21  461.012(1)         3rd      Practicing podiatric medicine
22                              without a license.
23  462.17             3rd      Practicing naturopathy without a
24                              license.
25  463.015(1)         3rd      Practicing optometry without a
26                              license.
27  464.016(1)         3rd      Practicing nursing without a
28                              license.
29  465.015(2)         3rd      Practicing pharmacy without a
30                              license.
31  
                                  16
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                        Barcode 803170
 1  466.026(1)         3rd      Practicing dentistry or dental
 2                              hygiene without a license.
 3  467.201            3rd      Practicing midwifery without a
 4                              license.
 5  468.366            3rd      Delivering respiratory care
 6                              services without a license.
 7  483.828(1)         3rd      Practicing as clinical laboratory
 8                              personnel without a license.
 9  483.901(9)         3rd      Practicing medical physics
10                              without a license.
11  484.013(1)(c)      3rd      Preparing or dispensing optical
12                              devices without a prescription.
13  484.053            3rd      Dispensing hearing aids without a
14                              license.
15  494.0018(2)        1st      Conviction of any violation of
16                              ss. 494.001-494.0077 in which the
17                              total money and property
18                              unlawfully obtained exceeded
19                              $50,000 and there were five or
20                              more victims.
21  560.123(8)(b)1.    3rd      Failure to report currency or
22                              payment instruments exceeding
23                              $300 but less than $20,000 by
24                              money transmitter.
25  560.125(5)(a)      3rd      Money transmitter business by
26                              unauthorized person, currency or
27                              payment instruments exceeding
28                              $300 but less than $20,000.
29  655.50(10)(b)1.    3rd      Failure to report financial
30                              transactions exceeding $300 but
31                              less than $20,000 by financial
                                  17
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                        Barcode 803170
 1                              institution.
 2  775.21(10)(a)      3rd      Sexual predator; failure to
 3                              register; failure to renew
 4                              driver's license or
 5                              identification card; other
 6                              registration violations.
 7  775.21(10)(b)      3rd      Sexual predator working where
 8                              children regularly congregate.
 9  775.21(10)(g)      3rd      Failure to report or providing
10                              false information about a sexual
11                              predator; harbor or conceal a
12                              sexual predator.
13  782.051(3)         2nd      Attempted felony murder of a
14                              person by a person other than the
15                              perpetrator or the perpetrator of
16                              an attempted felony.
17  782.07(1)          2nd      Killing of a human being by the
18                              act, procurement, or culpable
19                              negligence of another
20                              (manslaughter).
21  782.071            2nd      Killing of human being or viable
22                              fetus by the operation of a motor
23                              vehicle in a reckless manner
24                              (vehicular homicide).
25  782.072            2nd      Killing of a human being by the
26                              operation of a vessel in a
27                              reckless manner (vessel
28                              homicide).
29  784.045(1)(a)1.    2nd      Aggravated battery; intentionally
30                              causing great bodily harm or
31                              disfigurement.
                                  18
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                        Barcode 803170
 1  784.045(1)(a)2.    2nd      Aggravated battery; using deadly
 2                              weapon.
 3  784.045(1)(b)      2nd      Aggravated battery; perpetrator
 4                              aware victim pregnant.
 5  784.048(4)         3rd      Aggravated stalking; violation of
 6                              injunction or court order.
 7  784.048(7)         3rd      Aggravated stalking; violation of
 8                              court order.
 9  784.07(2)(d)       1st      Aggravated battery on law
10                              enforcement officer.
11  784.074(1)(a)      1st      Aggravated battery on sexually
12                              violent predators facility staff.
13  784.08(2)(a)       1st      Aggravated battery on a person 65
14                              years of age or older.
15  784.081(1)         1st      Aggravated battery on specified
16                              official or employee.
17  784.082(1)         1st      Aggravated battery by detained
18                              person on visitor or other
19                              detainee.
20  784.083(1)         1st      Aggravated battery on code
21                              inspector.
22  790.07(4)          1st      Specified weapons violation
23                              subsequent to previous conviction
24                              of s. 790.07(1) or (2).
25  790.16(1)          1st      Discharge of a machine gun under
26                              specified circumstances.
27  790.165(2)         2nd      Manufacture, sell, possess, or
28                              deliver hoax bomb.
29  790.165(3)         2nd      Possessing, displaying, or
30                              threatening to use any hoax bomb
31                              while committing or attempting to
                                  19
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                        Barcode 803170
 1                              commit a felony.
 2  790.166(3)         2nd      Possessing, selling, using, or
 3                              attempting to use a hoax weapon
 4                              of mass destruction.
 5  790.166(4)         2nd      Possessing, displaying, or
 6                              threatening to use a hoax weapon
 7                              of mass destruction while
 8                              committing or attempting to
 9                              commit a felony.
10  796.03             2nd      Procuring any person under 16
11                              years for prostitution.
12  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;
13                              victim less than 12 years of age;
14                              offender less than 18 years.
15  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;
16                              victim 12 years of age or older
17                              but less than 16 years; offender
18                              18 years or older.
19  806.01(2)          2nd      Maliciously damage structure by
20                              fire or explosive.
21  810.02(3)(a)       2nd      Burglary of occupied dwelling;
22                              unarmed; no assault or battery.
23  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;
24                              unarmed; no assault or battery.
25  810.02(3)(d)       2nd      Burglary of occupied conveyance;
26                              unarmed; no assault or battery.
27  812.014(2)(a)1.    1st      Property stolen, valued at
28                              $100,000 or more; property stolen
29                              while causing other property
30                              damage; 1st degree grand theft.
31  
                                  20
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                        Barcode 803170
 1  812.014(2)(b)2.    2nd      Property stolen, cargo valued at
 2                              less than $50,000, grand theft in
 3                              2nd degree.
 4  812.014(2)(b)3.    2nd      Property stolen, emergency
 5                              medical equipment; 2nd degree
 6                              grand theft.
 7  812.0145(2)(a)     1st      Theft from person 65 years of age
 8                              or older; $50,000 or more.
 9  812.019(2)         1st      Stolen property; initiates,
10                              organizes, plans, etc., the theft
11                              of property and traffics in
12                              stolen property.
13  812.131(2)(a)      2nd      Robbery by sudden snatching.
14  812.133(2)(b)      1st      Carjacking; no firearm, deadly
15                              weapon, or other weapon.
16  817.234(8)(a)      2nd      Solicitation of motor vehicle
17                              accident victims with intent to
18                              defraud.
19  817.234(9)         2nd      Organizing, planning, or
20                              participating in an intentional
21                              motor vehicle collision.
22  817.234(11)(c)     1st      Insurance fraud; property value
23                              $100,000 or more.
24  817.2341(2)(b)&
25   (3)(b)            1st      Making false entries of material
26                              fact or false statements
27                              regarding property values
28                              relating to the solvency of an
29                              insuring entity which are a
30                              significant cause of the
31                              insolvency of that entity.
                                  21
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                        Barcode 803170
 1  825.102(3)(b)      2nd      Neglecting an elderly person or
 2                              disabled adult causing great
 3                              bodily harm, disability, or
 4                              disfigurement.
 5  825.103(2)(b)      2nd      Exploiting an elderly person or
 6                              disabled adult and property is
 7                              valued at $20,000 or more, but
 8                              less than $100,000.
 9  827.03(3)(b)       2nd      Neglect of a child causing great
10                              bodily harm, disability, or
11                              disfigurement.
12  827.04(3)          3rd      Impregnation of a child under 16
13                              years of age by person 21 years
14                              of age or older.
15  837.05(2)          3rd      Giving false information about
16                              alleged capital felony to a law
17                              enforcement officer.
18  838.015            2nd      Bribery.
19  838.016            2nd      Unlawful compensation or reward
20                              for official behavior.
21  838.021(3)(a)      2nd      Unlawful harm to a public
22                              servant.
23  838.22             2nd      Bid tampering.
24  872.06             2nd      Abuse of a dead human body.
25  893.13(1)(c)1.     1st      Sell, manufacture, or deliver
26                              cocaine (or other drug prohibited
27                              under s. 893.03(1)(a), (1)(b),
28                              (1)(d), (2)(a), (2)(b), or
29                              (2)(c)4.) within 1,000 feet of a
30                              child care facility, school, or
31                              state, county, or municipal park
                                  22
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                        Barcode 803170
 1                              or publicly owned recreational
 2                              facility or community center.
 3  893.13(1)(e)1.     1st      Sell, manufacture, or deliver
 4                              cocaine or other drug prohibited
 5                              under s. 893.03(1)(a), (1)(b),
 6                              (1)(d), (2)(a), (2)(b), or
 7                              (2)(c)4., within 1,000 feet of
 8                              property used for religious
 9                              services or a specified business
10                              site.
11  893.13(4)(a)       1st      Deliver to minor cocaine (or
12                              other s. 893.03(1)(a), (1)(b),
13                              (1)(d), (2)(a), (2)(b), or
14                              (2)(c)4. drugs).
15  893.135(1)(a)1.    1st      Trafficking in cannabis, more
16                              than 25 lbs., less than 2,000
17                              lbs.
18  893.135
19   (1)(b)1.a.        1st      Trafficking in cocaine, more than
20                              28 grams, less than 200 grams.
21  893.135
22   (1)(c)1.a.        1st      Trafficking in illegal drugs,
23                              more than 4 grams, less than 14
24                              grams.
25  893.135
26   (1)(d)1.          1st      Trafficking in phencyclidine,
27                              more than 28 grams, less than 200
28                              grams.
29  893.135(1)(e)1.    1st      Trafficking in methaqualone, more
30                              than 200 grams, less than 5
31                              kilograms.
                                  23
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                        Barcode 803170
 1  893.135(1)(f)1.    1st      Trafficking in amphetamine, more
 2                              than 14 grams, less than 28
 3                              grams.
 4  893.135
 5   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4
 6                              grams or more, less than 14
 7                              grams.
 8  893.135
 9   (1)(h)1.a.        1st      Trafficking in
10                              gamma-hydroxybutyric acid (GHB),
11                              1 kilogram or more, less than 5
12                              kilograms.
13  893.135
14   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1
15                              kilogram or more, less than 5
16                              kilograms.
17  893.135
18   (1)(k)2.a.        1st      Trafficking in Phenethylamines,
19                              10 grams or more, less than 200
20                              grams.
21  896.101(5)(a)      3rd      Money laundering, financial
22                              transactions exceeding $300 but
23                              less than $20,000.
24  896.104(4)(a)1.    3rd      Structuring transactions to evade
25                              reporting or registration
26                              requirements, financial
27                              transactions exceeding $300 but
28                              less than $20,000.
29  943.0435(4)(c)     2nd      Sexual offender vacating
30                              permanent residence; failure to
31                              comply with reporting
                                  24
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                        Barcode 803170
 1                              requirements.
 2  943.0435(8)        2nd      Sexual offender; remains in state
 3                              after indicating intent to leave;
 4                              failure to comply with reporting
 5                              requirements.
 6  943.0435(9)(a)     3rd      Sexual offender; failure to
 7                              comply with reporting
 8                              requirements.
 9  943.0435(13)       3rd      Failure to report or providing
10                              false information about a sexual
11                              offender; harbor or conceal a
12                              sexual offender.
13  943.0435(14)       3rd      Sexual offender; failure to
14                              report and reregister; failure to
15                              respond to address verification.
16  944.607(9)         3rd      Sexual offender; failure to
17                              comply with reporting
18                              requirements.
19  944.607(10)(a)     3rd      Sexual offender; failure to
20                              submit to the taking of a
21                              digitized photograph.
22  944.607(12)        3rd      Failure to report or providing
23                              false information about a sexual
24                              offender; harbor or conceal a
25                              sexual offender.
26  944.607(13)        3rd      Sexual offender; failure to
27                              report and reregister; failure to
28                              respond to address verification.
29                              (i)  LEVEL 9
30  316.193
31   (3)(c)3.b.        1st      DUI manslaughter; failing to
                                  25
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                        Barcode 803170
 1                              render aid or give information.
 2  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to
 3                              render aid or give information.
 4  499.0053           1st      Sale or purchase of contraband
 5                              legend drugs resulting in great
 6                              bodily harm.
 7  560.123(8)(b)3.    1st      Failure to report currency or
 8                              payment instruments totaling or
 9                              exceeding $100,000 by money
10                              transmitter.
11  560.125(5)(c)      1st      Money transmitter business by
12                              unauthorized person, currency, or
13                              payment instruments totaling or
14                              exceeding $100,000.
15  655.50(10)(b)3.    1st      Failure to report financial
16                              transactions totaling or
17                              exceeding $100,000 by financial
18                              institution.
19  775.0844           1st      Aggravated white collar crime.
20  782.04(1)          1st      Attempt, conspire, or solicit to
21                              commit premeditated murder.
22  782.04(3)          1st,PBL   Accomplice to murder in
23                              connection with arson, sexual
24                              battery, robbery, burglary, and
25                              other specified felonies.
26  782.051(1)         1st      Attempted felony murder while
27                              perpetrating or attempting to
28                              perpetrate a felony enumerated in
29                              s. 782.04(3).
30  782.07(2)          1st      Aggravated manslaughter of an
31                              elderly person or disabled adult.
                                  26
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                        Barcode 803170
 1  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or
 2                              reward or as a shield or hostage.
 3  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit
 4                              or facilitate commission of any
 5                              felony.
 6  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to
 7                              interfere with performance of any
 8                              governmental or political
 9                              function.
10  787.02(3)(a)       1st      False imprisonment; child under
11                              age 13; perpetrator also commits
12                              aggravated child abuse, sexual
13                              battery, or lewd or lascivious
14                              battery, molestation, conduct, or
15                              exhibition.
16  790.161            1st      Attempted capital destructive
17                              device offense.
18  790.166(2)         1st,PBL  Possessing, selling, using, or
19                              attempting to use a weapon of
20                              mass destruction.
21  794.011(2)         1st      Attempted sexual battery; victim
22                              less than 12 years of age.
23  794.011(2)         Life     Sexual battery; offender younger
24                              than 18 years and commits sexual
25                              battery on a person less than 12
26                              years.
27  794.011(4)         1st      Sexual battery; victim 12 years
28                              or older, certain circumstances.
29  794.011(8)(b)      1st      Sexual battery; engage in sexual
30                              conduct with minor 12 to 18 years
31                              by person in familial or
                                  27
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                        Barcode 803170
 1                              custodial authority.
 2  800.04(5)(b)       Life 1st Lewd or lascivious molestation;
 3                              victim less than 12 years;
 4                              offender 18 years or older.
 5  812.13(2)(a)       1st,PBL  Robbery with firearm or other
 6                              deadly weapon.
 7  812.133(2)(a)      1st,PBL  Carjacking; firearm or other
 8                              deadly weapon.
 9  812.135(2)(b)      1st      Home-invasion robbery with
10                              weapon.
11  817.568(7)         2nd,PBL  Fraudulent use of personal
12                              identification information of an
13                              individual under the age of 18 by
14                              his or her parent, legal
15                              guardian, or person exercising
16                              custodial authority.
17  827.03(2)          1st      Aggravated child abuse.
18  847.0145(1)        1st      Selling, or otherwise
19                              transferring custody or control,
20                              of a minor.
21  847.0145(2)        1st      Purchasing, or otherwise
22                              obtaining custody or control, of
23                              a minor.
24  859.01             1st      Poisoning or introducing
25                              bacteria, radioactive materials,
26                              viruses, or chemical compounds
27                              into food, drink, medicine, or
28                              water with intent to kill or
29                              injure another person.
30  893.135            1st      Attempted capital trafficking
31                              offense.
                                  28
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                        Barcode 803170
 1  893.135(1)(a)3.    1st      Trafficking in cannabis, more
 2                              than 10,000 lbs.
 3  893.135
 4   (1)(b)1.c.        1st      Trafficking in cocaine, more than
 5                              400 grams, less than 150
 6                              kilograms.
 7  893.135
 8   (1)(c)1.c.        1st      Trafficking in illegal drugs,
 9                              more than 28 grams, less than 30
10                              kilograms.
11  893.135
12   (1)(d)1.c.        1st      Trafficking in phencyclidine,
13                              more than 400 grams.
14  893.135
15   (1)(e)1.c.        1st      Trafficking in methaqualone, more
16                              than 25 kilograms.
17  893.135
18   (1)(f)1.c.        1st      Trafficking in amphetamine, more
19                              than 200 grams.
20  893.135
21   (1)(h)1.c.        1st      Trafficking in
22                              gamma-hydroxybutyric acid (GHB),
23                              10 kilograms or more.
24  893.135
25   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10
26                              kilograms or more.
27  893.135
28   (1)(k)2.c.        1st      Trafficking in Phenethylamines,
29                              400 grams or more.
30  896.101(5)(c)      1st      Money laundering, financial
31                              instruments totaling or exceeding
                                  29
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                        Barcode 803170
 1                              $100,000.
 2  896.104(4)(a)3.    1st      Structuring transactions to evade
 3                              reporting or registration
 4                              requirements, financial
 5                              transactions totaling or
 6                              exceeding $100,000.
 7         Section 7.  Paragraph (o) is added to subsection (5) of
 8  section 921.141, Florida Statutes, to read:
 9         921.141  Sentence of death or life imprisonment for
10  capital felonies; further proceedings to determine sentence.--
11         (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating
12  circumstances shall be limited to the following:
13         (o)  The capital felony was committed by a person
14  designated as a sexual predator pursuant to s. 775.21 or a
15  person previously designated as a sexual predator who had the
16  sexual-predator designation removed.
17         Section 8.  Subsection (5) is added to section 943.043,
18  Florida Statutes, to read:
19         943.043  Toll-free telephone number; Internet
20  notification; sexual predator and sexual offender
21  information.--
22         (5)  In an effort to ensure that sexual predators and
23  sexual offenders who fail to respond to address-verification
24  attempts or who otherwise abscond from registration are
25  located in a timely manner, the department shall share
26  information with local law enforcement agencies. The
27  department shall use analytical resources to assist local law
28  enforcement agencies to determine the potential whereabouts of
29  any sexual predator or sexual offender who fails to respond to
30  address-verification attempts or who otherwise absconds from
31  registration. The department shall review and analyze all
                                  30
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                        Barcode 803170
 1  available information concerning any such predator or offender
 2  who fails to respond to address-verification attempts or who
 3  otherwise absconds from registration and provide the
 4  information to local law enforcement agencies in order to
 5  assist the agencies in locating and apprehending the sexual
 6  predator or sexual offender.
 7         Section 9.  Subsections (13) and (14) are added to
 8  section 943.0435, Florida Statutes, to read:
 9         943.0435  Sexual offenders required to register with
10  the department; penalty.--
11         (13)  Any person who has reason to believe that a
12  sexual offender is not complying, or has not complied, with
13  the requirements of this section and who, with the intent to
14  assist the sexual offender in eluding a law enforcement agency
15  that is seeking to find the sexual offender to question the
16  sexual offender about, or to arrest the sexual offender for,
17  his or her noncompliance with the requirements of this
18  section:
19         1.  Withholds information from, or does not notify, the
20  law enforcement agency about the sexual offender's
21  noncompliance with the requirements of this section, and, if
22  known, the whereabouts of the sexual offender;
23         2.  Harbors, or attempts to harbor, or assists another
24  person in harboring or attempting to harbor, the sexual
25  offender; or
26         3.  Conceals or attempts to conceal, or assists another
27  person in concealing or attempting to conceal, the sexual
28  offender; or
29         4.  Provides information to the law enforcement agency
30  regarding the sexual offender that the person knows to be
31  false information,
                                  31
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                        Barcode 803170
 1  
 2  commits a felony of the third degree, punishable as provided
 3  in s. 775.082, s. 775.083, or s. 775.084.
 4         (14)(a)  A sexual offender must report in person each
 5  year during the month of the sexual offender's birthday and
 6  during the sixth month following the sexual offender's birth
 7  month to the sheriff's office in the county in which he or she
 8  resides or is otherwise located to reregister. The sheriff's
 9  office may determine the appropriate times and days for
10  reporting by the sexual offender, which shall be consistent
11  with the reporting requirements of this paragraph.
12  Reregistration shall include any changes to the following
13  information:
14         1.  Name; social security number; age; race; sex; date
15  of birth; height; weight; hair and eye color; address of any
16  permanent residence and address of any current temporary
17  residence, within the state or out of state, including a rural
18  route address and a post office box; date and place of any
19  employment; vehicle make, model, color, and license tag
20  number; fingerprints; and photograph. A post office box shall
21  not be provided in lieu of a physical residential address.
22         2.  If the sexual offender is enrolled, employed, or
23  carrying on a vocation at an institution of higher education
24  in this state, the sexual offender shall also provide to the
25  department the name, address, and county of each institution,
26  including each campus attended, and the sexual offender's
27  enrollment or employment status.
28         3.  If the sexual offender's place of residence is a
29  motor vehicle, trailer, mobile home, or manufactured home, as
30  defined in chapter 320, the sexual offender shall also provide
31  vehicle identification number; the license tag number; the
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 1  registration number; and a description, including color
 2  scheme, of the motor vehicle, trailer, mobile home, or
 3  manufactured home. If the sexual offender's place of residence
 4  is a vessel, live-aboard vessel, or houseboat, as defined in
 5  chapter 327, the sexual offender shall also provide the hull
 6  identification number; the manufacturer's serial number; the
 7  name of the vessel, live-aboard vessel, or houseboat; the
 8  registration number; and a description, including color
 9  scheme, of the vessel, live-aboard vessel or houseboat.
10         4.  Any sexual offender who fails to report in person
11  as required at the sheriff's office, or who fails to respond
12  to any address verification correspondence from the department
13  within three weeks of the date of the correspondence, commits
14  a felony of the third degree, punishable as provided in s.
15  775.082, s. 775.083, or s. 775.084.
16         (b)  The sheriff's office shall, within 2 working days,
17  electronically submit and update all information provided by
18  the sexual offender to the department in a manner prescribed
19  by the department. This procedure shall be implemented by
20  December 1, 2005.
21         Section 10.  Section 943.04352, Florida Statutes, is
22  created to read:
23         943.04352  Search of registration information regarding
24  sexual predators and sexual offenders required when placement
25  on misdemeanor probation.--When the court places a defendant
26  on misdemeanor probation pursuant to ss. 948.01 and 948.15,
27  the public or private entity providing probation services must
28  conduct a search of the probationer's name or other
29  identifying information against the registration information
30  regarding sexual predators and sexual offenders maintained by
31  the Department of Law Enforcement under s. 943.043. The
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 1  probation services provider may conduct the search using the
 2  Internet site maintained by the Department of Law Enforcement.
 3         Section 11.  Subsections (12) and (13) are added to
 4  section 944.607, Florida Statutes, to read:
 5         944.607  Notification to Department of Law Enforcement
 6  of information on sexual offenders.--
 7         (12)  Any person who has reason to believe that a
 8  sexual offender is not complying, or has not complied, with
 9  the requirements of this section and who, with the intent to
10  assist the sexual offender in eluding a law enforcement agency
11  that is seeking to find the sexual offender to question the
12  sexual offender about, or to arrest the sexual offender for,
13  his or her noncompliance with the requirements of this
14  section:
15         1.  Withholds information from, or does not notify, the
16  law enforcement agency about the sexual offender's
17  non-compliance with the requirements of this section, and, if
18  known, the whereabouts of the sexual offender;
19         2.  Harbors, or attempts to harbor, or assists another
20  person in harboring or attempting to harbor, the sexual
21  offender; or
22         3.  Conceals or attempts to conceal, or assists another
23  person in concealing or attempting to conceal, the sexual
24  offender; or
25         4.  Provides information to the law enforcement agency
26  regarding the sexual offender which the person knows to be
27  false information,
28  
29  commits a felony of the third degree, punishable as provided
30  in s. 775.082, s. 775.083, or s. 775.084. This subsection does
31  not apply if the sexual offender is incarcerated in or is in
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 1  the custody of a state correctional facility, a private
 2  correctional facility, a local jail, or a federal correctional
 3  facility.
 4         (13)(a)  A sexual offender must report in person each
 5  year during the month of the sexual offender's birthday and
 6  during the sixth month following the sexual offender's birth
 7  month to the sheriff's office in the county in which he or she
 8  resides or is otherwise located to reregister. The sheriff's
 9  office may determine the appropriate times and days for
10  reporting by the sexual offender, which shall be consistent
11  with the reporting requirements of this paragraph.
12  Reregistration shall include any changes to the following
13  information:
14         1.  Name; social security number; age; race; sex; date
15  of birth; height; weight; hair and eye color; address of any
16  permanent residence and address of any current temporary
17  residence, within the state or out of state, including a rural
18  route address and a post office box; date and place of any
19  employment; vehicle make, model, color, and license tag
20  number; fingerprints; and photograph. A post office box shall
21  not be provided in lieu of a physical residential address.
22         2.  If the sexual offender is enrolled, employed, or
23  carrying on a vocation at an institution of higher education
24  in this state, the sexual offender shall also provide to the
25  department the name, address, and county of each institution,
26  including each campus attended, and the sexual offender's
27  enrollment or employment status.
28         3.  If the sexual offender's place of residence is a
29  motor vehicle, trailer, mobile home, or manufactured home, as
30  defined in chapter 320, the sexual offender shall also provide
31  vehicle identification number; the license tag number; the
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 1  registration number; and a description, including color
 2  scheme, of the motor vehicle, trailer, mobile home, or
 3  manufactured home. If the sexual offender's place of residence
 4  is a vessel, live-aboard vessel, or houseboat, as defined in
 5  chapter 327, the sexual offender shall also provide the hull
 6  identification number; the manufacturer's serial number; the
 7  name of the vessel, live-aboard vessel, or houseboat; the
 8  registration number; and a description, including color
 9  scheme, of the vessel, live-aboard vessel, or houseboat.
10         4.  Any sexual offender who fails to report in person
11  as required at the sheriff's office, or who fails to respond
12  to any address verification correspondence from the department
13  within three weeks of the date of the correspondence, commits
14  a felony of the third degree, punishable as provided in s.
15  775.082, s. 775.083, and s. 775.084.
16         (b)  The sheriff's office shall, within 2 working days,
17  electronically submit and update all information provided by
18  the sexual offender to the Florida Department of Law
19  Enforcement in a manner prescribed by the Florida Department
20  of Law Enforcement. This procedure shall be implemented by
21  December 1, 2005.  
22         Section 12.  Subsection (10) is added to section
23  947.1405, Florida Statutes, to read:
24         947.1405  Conditional release program.--
25         (10)  Effective for a releasee whose crime was
26  committed on or after September 1, 2005, in violation of
27  chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
28  847.0145, and the unlawful activity involved a victim who was
29  15 years of age or younger and the offender is 18 years of age
30  or older or for a releasee who is designated as a sexual
31  predator pursuant to s. 775.21, in addition to any other
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 1  provision of this section, the commission must order
 2  electronic monitoring for the duration of the releasee's
 3  supervision.
 4         Section 13.  Subsection (4) of section 948.06, Florida
 5  Statutes, is amended to read:
 6         948.06  Violation of probation or community control;
 7  revocation; modification; continuance; failure to pay
 8  restitution or cost of supervision.--
 9         (4)  Notwithstanding any other provision of this
10  section, a probationer or an offender in community control who
11  is arrested for violating his or her probation or community
12  control in a material respect may be taken before the court in
13  the county or circuit in which the probationer or offender was
14  arrested. That court shall advise him or her of such charge of
15  a violation and, if such charge is admitted, shall cause him
16  or her to be brought before the court which granted the
17  probation or community control. If such violation is not
18  admitted by the probationer or offender, the court may commit
19  him or her or release him or her with or without bail to await
20  further hearing. However, if the probationer or offender is
21  under supervision for any criminal offense proscribed in
22  chapter 794, s. 800.04(4), s. 800.04(5), s. 800.04(6), s.
23  827.071, or s. 847.0145, or is a registered sexual predator or
24  a registered sexual offender, or is under supervision for a
25  criminal offense for which he or she would meet the
26  registration criteria in s. 775.21, s. 943.0435, or s. 944.607
27  but for the effective date of those sections, the court must
28  make a finding that the probationer or offender is not a
29  danger to the public prior to release with or without bail. In
30  determining the danger posed by the offender or probationer's
31  release, the court may consider the nature and circumstances
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 1  of the violation and any new offenses charged; the offender or
 2  probationer's past and present conduct, including convictions
 3  of crimes; any record of arrests without conviction for crimes
 4  involving violence or sexual crimes; any other evidence of
 5  allegations of unlawful sexual conduct or the use of violence
 6  by the offender or probationer; the offender or probationer's
 7  family ties, length of residence in the community, employment
 8  history, and mental condition; his or her history and conduct
 9  during the probation or community control supervision from
10  which the violation arises and any other previous
11  supervisions, including disciplinary records of previous
12  incarcerations; the likelihood that the offender or
13  probationer will engage again in a criminal course of conduct;
14  the weight of the evidence against the offender or
15  probationer; and any other facts the court considers relevant.
16  The court, as soon as is practicable, shall give the
17  probationer or offender an opportunity to be fully heard on
18  his or her behalf in person or by counsel. After such hearing,
19  the court shall make findings of fact and forward the findings
20  to the court which granted the probation or community control
21  and to the probationer or offender or his or her attorney. The
22  findings of fact by the hearing court are binding on the court
23  which granted the probation or community control.  Upon the
24  probationer or offender being brought before it, the court
25  which granted the probation or community control may revoke,
26  modify, or continue the probation or community control or may
27  place the probationer into community control as provided in
28  this section.
29         Section 14.  Subsection 948.012, Florida Statutes, is
30  amended to read:
31         948.012  Split sentence of probation or community
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 1  control and imprisonment.--
 2         (1)  Whenever punishment by imprisonment for a
 3  misdemeanor or a felony, except for a capital felony, is
 4  prescribed, the court, in its discretion, may, at the time of
 5  sentencing, impose a split sentence whereby the defendant is
 6  to be placed on probation or, with respect to any such felony,
 7  into community control upon completion of any specified period
 8  of such sentence which may include a term of years or less. In
 9  such case, the court shall stay and withhold the imposition of
10  the remainder of sentence imposed upon the defendant and
11  direct that the defendant be placed upon probation or into
12  community control after serving such period as may be imposed
13  by the court. The period of probation or community control
14  shall commence immediately upon the release of the defendant
15  from incarceration, whether by parole or gain-time allowances.
16         (2)  The court may also impose a split sentence whereby
17  the defendant is sentenced to a term of probation which may be
18  followed by a period of incarceration or, with respect to a
19  felony, into community control, as follows:
20         (a)  If the offender meets the terms and conditions of
21  probation or community control, any term of incarceration may
22  be modified by court order to eliminate the term of
23  incarceration.
24         (b)  If the offender does not meet the terms and
25  conditions of probation or community control, the court may
26  revoke, modify, or continue the probation or community control
27  as provided in s. 948.06. If the probation or community
28  control is revoked, the court may impose any sentence that it
29  could have imposed at the time the offender was placed on
30  probation or community control. The court may not provide
31  credit for time served for any portion of a probation or
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 1  community control term toward a subsequent term of probation
 2  or community control. However, the court may not impose a
 3  subsequent term of probation or community control which, when
 4  combined with any amount of time served on preceding terms of
 5  probation or community control for offenses pending before the
 6  court for sentencing, would exceed the maximum penalty
 7  allowable as provided in s. 775.082. Such term of
 8  incarceration shall be served under applicable law or county
 9  ordinance governing service of sentences in state or county
10  jurisdiction. This paragraph does not prohibit any other
11  sanction provided by law.
12         (3)  The court may also impose split probation whereby,
13  upon satisfactory completion of half the term of probation,
14  the Department of Corrections may place the offender on
15  administrative probation for the remainder of the term of
16  supervision.
17         (4)  Effective for offenses committed on or after
18  September 1, 2005, the court must impose a split sentence
19  pursuant to subsection (1) for any person who is convicted of
20  a life felony for lewd and lascivious molestation pursuant to
21  s. 800.04(5)(b) if the court imposes a term of years in
22  accordance with s. 775.082(3)4.b. rather than life
23  imprisonment. The probation or community control portion of
24  the split sentence imposed by the court for a defendant must
25  extend for the duration of the defendant's natural life and
26  include a condition that he or she be electronically
27  monitored.
28         Section 15.  Section 948.061, Florida Statutes, is
29  created to read:
30         948.061  Identifying, assessing, and monitoring
31  high-risk sex offenders on community supervision; providing
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 1  cumulative criminal and supervision histories on the
 2  Internet.--
 3         (1)  By December 1, 2005, the department shall develop
 4  a graduated risk assessment that identifies, assesses, and
 5  closely monitors a high-risk sex offender who is placed on
 6  probation or in community control and who:
 7         (a)  Has previously been placed on probation or in
 8  community control and has a history of committing multiple
 9  violations of community supervision in this state or in any
10  other jurisdiction or have previously been incarcerated in
11  this state or in any other jurisdiction; and
12         (b)  Has experienced more than one of the following
13  risk factors that could potentially make the offender more
14  likely to pose a danger to others:
15         1.  Previous conviction for domestic violence;
16         2.  History of substance abuse;
17         3.  Unemployment or substantial financial difficulties;
18         4.  Previous conviction for  violence or sex acts
19  against children, particularly involving strangers; or
20         5.  Any other risk factor identified by the department.
21         (2)  To facilitate the information available to the
22  court at first appearance hearings and at all subsequent
23  hearings for these high-risk sex offenders, the department
24  shall, no later than March 1, 2006, post on FDLE's Criminal
25  Justice Intranet a cumulative chronology of the sex offender's
26  prior terms of state probation and community control,
27  including all substantive or technical violations of state
28  probation or community control. The county jail in the county
29  where the arrested person is booked shall insure that state
30  and national criminal history information and all criminal
31  justice information available in the Florida Crime Information
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 1  Center and the National Crime Information Center, is provided
 2  to the court at the time of the first appearance. The courts
 3  shall assist the department's dissemination of critical
 4  information by creating and maintaining an automated system to
 5  provide the information as specified in this subsection and by
 6  providing the necessary technology in the courtroom to deliver
 7  the information.
 8         (3)  In monitoring the location of high-risk sex
 9  offenders, the department, shall, no later than October 1,
10  2006, have fingerprint-reading equipment and capability that
11  will immediately identify the probationer or community
12  controllee when they report to their designated probation
13  officer and alert department probation officials when
14  probationers and community controllees are subsequently
15  rearrested.
16         Section 16.  Section 948.062, Florida Statutes, is
17  created to read:
18         948.062  Reviewing and reporting serious offenses
19  committed by offenders placed on probation or community
20  control.--
21         (1)  The department shall review the circumstances
22  related to an offender placed on probation or community
23  control who has been arrested while on supervision for the
24  following offenses:
25         (a)  Any murder as provided in s. 782.04;
26         (b)  Any sexual battery as provided in s. 794.011 or s.
27  794.023;
28         (c)  Any sexual performance by a child as provided in
29  s. 827.071;
30         (d)  Any kidnapping, false imprisonment, or luring of a
31  child as provided in s. 787.01, s. 782.07, or s. 787.025;
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 1         (e)  Any lewd and lascivious battery or lewd and
 2  lascivious molestation as provided in s. 800.04(4) or s.
 3  800.04(5);
 4         (f)  Any aggravated child abuse as provided in s.
 5  827.03(2);
 6         (g)  Any robbery with a firearm or other deadly weapon,
 7  home invasion robbery, or carjacking as provided in s.
 8  812.13(2)(a), s. 812.135, or s. 812.133;
 9         (h)  Any aggravated stalking as provided in s.
10  784.048(3), (4), or (5);
11         (i)  Any forcible felony as provided in s. 776.08,
12  committed by any person on probation or community control who
13  is designated as a sexual predator; or
14         (j)  Any DUI manslaughter as provided in s.
15  316.193(3)(c), or vehicular or vessel homicide as provided in
16  s. 782.071 or s. 787.072, committed by any person who is on
17  probation or community control for an offense involving death
18  or injury resulting from a driving incident.
19         (2)  The department shall provide a statistical data
20  summary from these reviews to the Office of Program Policy
21  Analysis and Government Accountability. The Office of Program
22  Policy Analysis and Government Accountability shall analyze
23  this data and provide a written report to the President of the
24  Senate and the Speaker of the House of Representatives by
25  March 1, 2006. The report must include, at a minimum, any
26  identified systemic deficiencies in managing high-risk
27  offenders on community supervision; any patterns of
28  noncompliance by correctional probation officers; and
29  recommendations for improving the community supervision
30  program.
31         Section 17.  Section 948.063, Florida Statutes, is
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 1  created to read:
 2         948.063  Violations of probation or community control
 3  by designated sexual offenders and sexual predators.--If
 4  probation or community control is revoked by the court
 5  pursuant to s. 948.06(2)(e) and the offender is designated as
 6  a sexual offender or sexual predator pursuant to s. 775.21 for
 7  unlawful sexual activity involving a victim 15 years of age or
 8  younger and the offender is 18 years of age or older, and if
 9  the court imposes a subsequent term of supervision following
10  the revocation of probation or community control, the court
11  must order electronic monitoring as a condition of the
12  subsequent term of probation or community control.
13         Section 18.  Section 948.11, Florida Statutes, is
14  amended to read:
15         948.11  Electronic monitoring devices.--
16         (1)(a)  The Department of Corrections may, at its
17  discretion, electronically monitor an offender sentenced to
18  community control.
19         (b)  The Department of Corrections shall electronically
20  monitor an offender sentenced to criminal quarantine community
21  control 24 hours per day.
22         (2)  Any offender placed on community control who
23  violates the terms and conditions of community control and is
24  restored to community control may be supervised by means of an
25  electronic monitoring device or system.
26         (3)  For those offenders being electronically
27  monitored, the Department of Corrections shall develop
28  procedures to determine, investigate, and report the
29  offender's noncompliance with the terms and conditions of
30  sentence 24 hours per day. All reports of noncompliance shall
31  be immediately investigated by a community control officer.
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 1         (4)  The Department of Corrections may contract with
 2  local law enforcement agencies to assist in the location and
 3  apprehension of offenders who are in noncompliance as reported
 4  by the electronic monitoring system. This contract is intended
 5  to provide the department a means for providing immediate
 6  investigation of noncompliance reports, especially after
 7  normal office hours.
 8         (5)  Any person being electronically monitored by the
 9  department as a result of placement on community control shall
10  be required to pay a surcharge as provided in s. 948.09(2).
11         (6)  For probationers, community controllees, or
12  conditional releasees who have current or prior convictions
13  for violent or sexual offenses, the department, in carrying
14  out a court or commission order to electronically monitor an
15  offender, must use a system that actively monitors and
16  identifies the offender's location and timely reports or
17  records the offender's presence near or within a crime scene
18  or in a prohibited area or the offender's departure from
19  specified geographic limitations. Procurement of electronic
20  monitoring services under this subsection shall be by
21  invitation to bid as defined in s. 287.057.
22         (7)  A person who intentionally alters, tampers with,
23  damages or destroys any electronic monitoring equipment
24  pursuant to court or commission order, unless such person is
25  the owner of the equipment, or an agent of the owner,
26  performing ordinary maintenance and repairs commits a felony
27  of the third degree, punishable as provided in s. 775.082, s.
28  775.083, or s. 775.084.
29         Section 19.  Section 948.15, Florida Statutes, is
30  amended to read:
31         948.15  Misdemeanor probation services.--
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 1         (1)  Defendants found guilty of misdemeanors who are
 2  placed on probation shall be under supervision not to exceed 6
 3  months unless otherwise specified by the court.  In relation
 4  to any offense other than a felony in which the use of alcohol
 5  is a significant factor, the period of probation may be up to
 6  1 year.
 7         (2)  A private entity or public entity under the
 8  supervision of the board of county commissioners or the court
 9  may provide probation services for offenders sentenced by the
10  county court.
11         (3)  Any private entity providing services for the
12  supervision of misdemeanor probationers must contract with the
13  county in which the services are to be rendered. In a county
14  with a population of less than 70,000, the county court judge,
15  or the administrative judge of the county court in a county
16  that has more than one county court judge, must approve the
17  contract. Terms of the contract must state, but are not
18  limited to:
19         (a)  The extent of the services to be rendered by the
20  entity providing supervision or rehabilitation.
21         (b)  Staff qualifications and criminal record checks of
22  staff in accordance with essential standards established by
23  the American Correctional Association as of January 1, 1991.
24         (c)  Staffing levels.
25         (d)  The number of face-to-face contacts with the
26  offender.
27         (e)  Procedures for handling the collection of all
28  offender fees and restitution.
29         (f)  Procedures for handling indigent offenders which
30  ensure placement irrespective of ability to pay.
31         (g)  Circumstances under which revocation of an
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 1  offender's probation may be recommended.
 2         (h)  Reporting and recordkeeping requirements.
 3         (i)  Default and contract termination procedures.
 4         (j)  Procedures that aid offenders with job assistance.
 5         (k)  Procedures for accessing criminal history records
 6  of probationers.
 7  
 8  In addition, the entity shall supply the chief judge's office
 9  with a quarterly report summarizing the number of offenders
10  supervised by the private entity, payment of the required
11  contribution under supervision or rehabilitation, and the
12  number of offenders for whom supervision or rehabilitation
13  will be terminated. All records of the entity must be open to
14  inspection upon the request of the county, the court, the
15  Auditor General, the Office of Program Policy Analysis and
16  Government Accountability, or agents thereof.
17         (4)  A private entity that provides court-ordered
18  services to offenders and that charges a fee for such services
19  must register with the board of county commissioners in the
20  county in which the services are offered. The entity shall
21  provide the following information for each program it
22  operates:
23         (a)  The length of time the program has been operating
24  in the county.
25         (b)  A list of the staff and a summary of their
26  qualifications.
27         (c)  A summary of the types of services that are
28  offered under the program.
29         (d)  The fees the entity charges for court-ordered
30  services and its procedures, if any, for handling indigent
31  offenders.
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 1         (5)  The private entity providing misdemeanor
 2  supervision services shall also comply with all other
 3  applicable provisions of law.
 4         Section 20.  Subsection (2) of section 948.30, Florida
 5  Statutes, is amended and subsection (3) is added to that
 6  section to read:
 7         948.30  Additional terms and conditions of probation or
 8  community control for certain sex offenses.--Conditions
 9  imposed pursuant to this section do not require oral
10  pronouncement at the time of sentencing and shall be
11  considered standard conditions of probation or community
12  control for offenders specified in this section.
13         (2)  Effective for a probationer or community
14  controllee whose crime was committed on or after October 1,
15  1997, and who is placed on community control or sex offender
16  probation for a violation of chapter 794, s. 800.04, s.
17  827.071, or s. 847.0145, in addition to any other provision of
18  this subsection, the court must impose the following
19  conditions of probation or community control:
20         (a)  As part of a treatment program, participation at
21  least annually in polygraph examinations to obtain information
22  necessary for risk management and treatment and to reduce the
23  sex offender's denial mechanisms. A polygraph examination must
24  be conducted by a polygrapher trained specifically in the use
25  of the polygraph for the monitoring of sex offenders, where
26  available, and shall be paid for by the sex offender. The
27  results of the polygraph examination shall not be used as
28  evidence in court to prove that a violation of community
29  supervision has occurred.
30         (b)  Maintenance of a driving log and a prohibition
31  against driving a motor vehicle alone without the prior
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 1  approval of the supervising officer.
 2         (c)  A prohibition against obtaining or using a post
 3  office box without the prior approval of the supervising
 4  officer.
 5         (d)  If there was sexual contact, a submission to, at
 6  the probationer's or community controllee's expense, an HIV
 7  test with the results to be released to the victim or the
 8  victim's parent or guardian.
 9         (e)  Electronic monitoring when deemed necessary by the
10  community control or probation officer and his or her
11  supervisor, and ordered by the court at the recommendation of
12  the Department of Corrections.
13         (3)  Effective for a probationer or community
14  controllee whose crime was committed on or after September 1,
15  2005, and who:
16         (a)  Is placed on probation or community control for a
17  violation of chapter 794, s. 800.04(4), (5), or (6), s.
18  827.071, or s. 847.0145 and the unlawful sexual activity
19  involved a victim 15 years of age or younger and the offender
20  is 18 years of age or older;
21         (b)  Is designated a sexual predator pursuant to s.
22  775.21; or
23         (c)  Has previously been convicted of a violation of
24  chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
25  847.0145 and the unlawful sexual activity involved a victim 15
26  years of age or younger and the offender is 18 years of age or
27  older,
28  
29  the court must order, in addition to any other provision of
30  this section, mandatory electronic monitoring as a condition
31  of the probation or community control supervision.
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 1         Section 21.  Subsection (1) of section 1012.465,
 2  Florida Statutes, is amended to read:
 3         1012.465  Background screening requirements for certain
 4  noninstructional school district employees and contractors.--
 5         (1)  Noninstructional school district employees or
 6  contractual personnel who are permitted access on school
 7  grounds when students are present, who have direct contact
 8  with students or who have access to or control of school funds
 9  must meet level 2 screening requirements as described in s.
10  1012.32. Contractual personnel shall include any vendor,
11  individual, or entity under contract with the school board.
12         Section 22.  (1)(a)  There is created within the
13  Department of Law Enforcement a task force for the purpose of
14  examining the collection and dissemination of offender
15  information within the criminal justice system and community.
16  The task force shall recommend strategies and actions that may
17  be implemented to enhance coordination and cooperation among
18  the various entities within the criminal justice system with a
19  common goal of public safety.
20         (b)  The task force shall consist of the membership of
21  the Criminal Justice Information Systems Council set forth in
22  section 943.06, Florida Statutes.
23         (2)(a)  The task force shall study and take testimony
24  regarding:
25         1.  The collection and dissemination of offender
26  information, including criminal history and any other
27  pertinent matters, to the court, the prosecuting attorney, and
28  defense counsel at first appearance hearings.
29         2.  The collection and dissemination of offender
30  information, including criminal history and any other
31  pertinent matters, to the court, the prosecuting attorney and
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 1  defense counsel at all court appearances subsequent to first
 2  appearance.
 3         3.  The collection and dissemination of offender
 4  information, including criminal history and any other
 5  pertinent matters, to county probation officers or officials.
 6         4.  Any other subject that the task force deems
 7  relevant to the collection and dissemination of offender
 8  information within the criminal justice system and community.
 9         (b)  The task force shall submit a preliminary draft
10  report of its findings and recommendations to the Governor,
11  the President of the Senate, and the Speaker of the House of
12  Representatives at least 45 days before the first day of the
13  2006 regular session of the Legislature. The final report
14  shall be filed with the Governor, the President of the Senate,
15  and the Speaker of the House of Representatives at least 30
16  days before the first day of the 2006 regular session. In
17  addition to the findings and recommendations included in the
18  final report, the report must include a draft of proposed
19  rules and proposed legislation for any recommendations
20  requiring proposed rules and proposed legislation.
21         (c)  Each state agency shall fully cooperate with the
22  task force in the performance of its duties.
23         (3)  All meetings of the task force and all business of
24  the task force for which reimbursement may be requested shall
25  be concluded before the final report is filed. The task force
26  is abolished July 1, 2006.
27         Section 23.  The Office of Program Policy Analysis and
28  Governmental Accountability shall, every 3 years, perform a
29  study of the effectiveness of Florida's sexual predator and
30  sexual offender registration process and community and public
31  notification provisions. As part of determining the
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 1  effectiveness os the registration process, the OPPAGA shall
 2  examine the current practices of: the Department of
 3  Corrections, county probation offices, clerk of courts, court
 4  administrators, county jails and booking facilities,
 5  Department of Children and Family Services, judges, state
 6  attorneys offices, Department of Highway Safety and Motor
 7  Vehicles, Department of Law Enforcement, and local law
 8  enforcement agencies as they relate to: sharing of offender
 9  information regarding registered sexual predators and sexual
10  offenders for purposes of fulfilling the requirements set
11  fourth in the registration laws; ensuring the most accurate,
12  current and comprehensive information is provided in a timely
13  manner to the registry; ensuring the effective supervision and
14  subsequent monitoring of sexual predators and offenders; and
15  ensuring informed decisions are made at each point of the
16  criminal justice and registration process. In addition to
17  determining the effectiveness of the registration process, the
18  report shall focus on the question of whether the notification
19  provisions in statute are sufficient to apprise communities of
20  the presence of sexual predators and sexual offenders. The
21  report shall examine how local law enforcement agencies
22  collect and disseminate information in an effort to notify the
23  public and communities of the presence of sexual predators and
24  offenders. If the report finds deficiencies in the
25  registration process, the notification provisions, or both,
26  the report shall provide options for correcting those
27  deficiencies and shall include the projected cost of
28  implementing those options. In conducting the study, the
29  Office of Program Policy Analysis and Governmental
30  Accountability shall consult with the Florida Council Against
31  Sexual Violence and the Florida Association for the Treatment
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 1  of Sexual Abusers in addition to other interested entities
 2  that may offer experiences and perspectives unique to this
 3  area of research. The report shall be submitted to the
 4  President of the Senate and the Speaker of the House of
 5  Representatives by January 1, 2006.
 6         Section 24.  Four full-time positions are authorized
 7  and the sum of $196,908 in recurring funds is appropriated
 8  from the General Revenue Fund to the Department of Corrections
 9  in salaries and benefits for the 2005-2006 fiscal year. The
10  sum of $15,840 in recurring funds is appropriated from the
11  General Revenue Fund to the Department of Corrections for
12  salary incentive payments for the 2005-2006 fiscal year. The
13  sums of $26,052 in recurring funds and $12,920 in nonrecurring
14  funds are appropriated from the General Revenue Fund to the
15  Department of Corrections for expenses for the 2005-2006
16  fiscal year. The sum of $121,114 in nonrecurring funds is
17  appropriated from the General Revenue Fund to the Department
18  of Corrections for other capital outlay for the 2005-2006
19  fiscal year. The sum of $3,169,530 in nonrecurring funds is
20  appropriated from the General Revenue Fund to the Department
21  of Corrections for fixed capital outlay for new prison beds,
22  and the sum of $164,673 in recurring funds is appropriated
23  from the General Revenue Fund to the Department of Corrections
24  for operating costs for the 2005-2006 fiscal year.
25         Section 25.  The sum of $3,928,860 in recurring funds
26  is appropriated from the General Revenue Fund to the
27  Department of Corrections for the 2005-2006 fiscal year for
28  the purpose of increasing by 1,200 units the number of active
29  Global Positioning System electronic monitoring devices
30  available to the court when placing offenders on felony
31  probation or other forms of community supervision authorized
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 1  in chapters 948 and 947, Florida Statutes. Procurement of
 2  electronic monitoring services under this act shall be by
 3  invitation to bid as defined in section 287.057, Florida
 4  Statutes.
 5         Section 26.  Nine full-time positions are authorized
 6  and the sum of $389,905 in recurring funds is appropriated
 7  from the General Revenue Fund to the Department of Law
 8  Enforcement for salaries and benefits for the 2005-2006 fiscal
 9  year. The sums of $58,617 in recurring funds and $77,070 in
10  nonrecurring funds are appropriated from the General Revenue
11  Fund to the Department of Law Enforcement for expenses for the
12  2005-2006 fiscal year. The sum of $94,200 in nonrecurring
13  funds is appropriated from the General Revenue Fund to the
14  Department of Law Enforcement for operating capital outlay for
15  the 2005-06 fiscal year.  The sums of $143,000 in recurring
16  funds and $521,000 in nonrecurring funds are appropriated from
17  the General Revenue Fund to the Department of Law Enforcement
18  for other personal services for the 2005-2006 fiscal year.
19         Section 27.  The sums of $509,500 in recurring funds
20  and $2,520,500 in nonrecurring funds are appropriated from the
21  General Revenue Fund to the Office of State Courts
22  Administrator for the 2005-2006 fiscal year for other data
23  processing services.
24         Section 28.  This act shall take effect September 1,
25  2005.
26  
27  
28  ================ T I T L E   A M E N D M E N T ===============
29  And the title is amended as follows:
30         Delete everything before the enacting clause
31  
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 1  and insert:
 2                      A bill to be entitled
 3         An act relating to high-risk offenders;
 4         providing a short title; amending s. 216.136,
 5         F.S.; assigning additional responsibilities of
 6         the Criminal Justice Estimating Conference;
 7         requiring a study; amending s. 775.21, F.S.;
 8         revising sexual predator criteria; extending
 9         the period for a petition to remove a sexual
10         predator designation; requiring twice yearly
11         reregistration by sexual predators; requiring
12         reregistration information be provided to the
13         Department of Law Enforcement; providing
14         criminal offenses for failing to reregister,
15         failing to respond to address verification,
16         failing to report or providing false
17         information about a sexual predator, and
18         harboring or concealing a sexual predator;
19         requiring twice yearly reregistration by sexual
20         predators; requiring reregistration information
21         be provided to the Department of Law
22         Enforcement; providing criminal offenses for
23         failing to reregister, failing to respond to
24         address verification, failing to report or
25         providing false information about a sexual
26         predator, and harboring or concealing a sexual
27         predator; amending s. 775.082, F.S.; providing
28         for specified sentencing of persons convicted
29         of the life felony offense in s. 800.04(5)(b),
30         F.S.; providing for 25-year mandatory minimum
31         term of imprisonment; amending s. 800.04, F.S.;
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 1         providing that it is a life felony for an
 2         offender 18 years of age or older to commit
 3         lewd or lascivious molestation against a victim
 4         younger than 12 years of age; amending s.
 5         921.0022, F.S.; deleting ranking for offenses
 6         involving sexual predators and sexual offenders
 7         failing to comply with registration
 8         requirements; ranking offenses involving sexual
 9         predators and sexual offenders failing to
10         comply with registration requirements and other
11         requirements; ranking new criminal offenses for
12         failing to reregister, failing to respond to
13         address verification, failing to report or
14         providing false information about a sexual
15         predator or sexual offender, and harboring or
16         concealing a sexual predator or sexual
17         offender; correcting a reference to the felony
18         degree of a lewd or lascivious offense;
19         amending s. 921.141, F.S.; providing an
20         additional aggravating circumstance pertaining
21         to sexual predators for the purpose of imposing
22         the death penalty; amending s. 943.043, F.S.,
23         requiring the Department of Law Enforcement to
24         provide to local law enforcement agencies
25         information on sexual predators and sexual
26         offenders who fail to respond to address
27         verification attempts or abscond from
28         registration; amending s. 943.0435, F.S.;
29         requiring twice yearly reregistration by sexual
30         offenders; requiring reregistration information
31         be provided to the Department of Law
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 1         Enforcement; providing criminal offenses for
 2         failing to reregister, failing to respond to
 3         address verification, failing to report or
 4         providing false information about a sexual
 5         offender, and harboring or concealing a sexual
 6         offender; creating s. 943.04352, F.S.;
 7         requiring a search of the sexual offender and
 8         sexual predator registry by entities providing
 9         probation services; amending s. 944.607, F.S.;
10         requiring twice yearly reregistration by sexual
11         offenders; requiring reregistration information
12         be provided to the Department of Law
13         Enforcement; providing criminal offenses for
14         failing to reregister, failing to respond to
15         address verification, failing to report or
16         providing false information about a sexual
17         offender, and harboring or concealing a sexual
18         offender; amending s. 947.1405, F.S.; requiring
19         electronic monitoring for certain offenders
20         placed on conditional release supervision;
21         amending s. 948.06(4), F.S.; requiring a court
22         finding with regard to dangerousness to the
23         public prior to release on bail under certain
24         circumstances; amending s. 948.012, F.S.;
25         requiring the court to impose a split sentence
26         in certain circumstances; creating s. 948.061,
27         F.S.; requiring the Department of Corrections
28         to develop a risk assessment system to monitor
29         certain offenders placed on probation or
30         community control; requiring increased
31         supervision of such offenders under certain
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 1         circumstances; requiring that information be
 2         provided via FDLE's Criminal Justice Intranet
 3         to the court by the correctional probation
 4         officer; requiring the court to assist the
 5         department by creating and maintaining an
 6         automated system; requiring the department to
 7         have fingerprint reading equipment and
 8         capability by October 1, 2006; creating s.
 9         948.062, F.S.; requiring the Department of
10         Corrections to review the circumstances of
11         certain arrests of offenders on probation or
12         community control; requiring the Office of
13         Program Policy Analysis and Government
14         Accountability to analyze the reviews and
15         report to the President of the Senate and the
16         Speaker of the House of Representatives;
17         creating s. 948.063, F.S.; requiring the court
18         to order electronic monitoring for designated
19         sexual offenders and predators who violate
20         probation or community control; amending s.
21         948.11, F.S.; requiring the department to
22         develop and implement procedures to notify
23         certain officials on the availability of
24         electronic monitoring units; requiring the
25         department to use certain electronic monitoring
26         systems on high-risk offenders; prohibiting the
27         intentional altering, tampering, damaging or
28         destroying of any electronic monitoring
29         equipment; amending s. 948.15, F.S.; specifying
30         that the terms of the contract must contain
31         procedures for accessing criminal history
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 1         records concerning probationers; amending s.
 2         948.30, F.S.; specifying additional conditions
 3         for persons placed on community control;
 4         requiring certain sex offenders and sexual
 5         predators on probation or community control to
 6         be placed on electronic monitoring; amending s.
 7         1012.465(1), F.S.; clarifying background
 8         screening requirements for contractual
 9         personnel who have access on school grounds;
10         creating a task force within the Department of
11         Law Enforcement; requiring the task force to
12         examine the collection and dissemination of
13         offender information within the criminal
14         justice system and community; prescribing task
15         force membership; requiring that the task force
16         submit findings and recommendations to the
17         Governor and the Legislature; requiring
18         cooperation by state agencies; providing for
19         abolishing the task force on a specified date;
20         requiring the Office of Program Policy Analysis
21         and Governmental Accountability to perform a
22         study of and report to the Legislature on the
23         effectiveness of Florida's sexual predator and
24         sexual offender registries and community and
25         public notification provisions; providing
26         appropriations and authorizing positions;
27         providing an effective date.
28  
29  
30  
31  
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