HB 1877

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to sexual predators and sexual offenders;
7	providing a popular name; amending s. 216.136, F.S.;
8	assigning an additional responsibility to the Criminal
9	Justice Estimating Conference; amending s. 775.082, F.S.;
10	requiring lifetime electronic monitoring for certain
11	offenders; creating s. 775.0821, F.S.; creating a felony
12	offense for removing, altering, or failing to maintain an
13	electronic monitoring device for the purpose of committing
14	a crime; providing criminal penalties; amending s. 775.21,
15	F.S.; revising criteria for sexual predator designation;
16	requiring certain notification of sentence to lifetime
17	electronic monitoring; extending period for petition to
18	remove sexual predator designation; creating s. 775.235,
19	F.S.; prohibiting the harboring of a sexual predator or
20	sexual offender; providing criminal penalties; amending s.
21	921.0022, F.S.; revising ranking for certain offenses
22	involving sexual predators and sexual offenders failing to
23	comply with registration requirements; ranking offenses
24	involving sexual predators and sexual offenders failing to
25	comply with registration and other requirements; amending
26	s. 921.141, F.S.; creating an aggravating circumstance
27	pertaining to sexual predators for purposes of imposing
28	the death penalty; amending s. 943.043, F.S.; requiring
29	the Department of Corrections to share information with
30	local law enforcement agencies to assist in determining
31	the potential whereabouts of registered sexual predators
32	and sexual offenders; amending s. 944.606, F.S.; requiring
33	the Department of Corrections to provide information
34	regarding electronic monitoring to the Department of Law
35	Enforcement; amending s. 944.607, F.S.; requiring sexual
36	offenders sentenced to electronic monitoring to provide
37	such information to the Department of Corrections and for
38	such department to provide that information to the
39	Department of Law Enforcement; amending s. 947.1405, F.S.;
40	requiring sexual offenders and sexual predators on
41	conditional release to be placed on electronic monitoring;
42	requiring the Parole Commission to order sexual offenders
43	and sexual predators on conditional release to be returned
44	to prison until expiration of sentence for any material
45	violation of supervision; creating s. 947.1406, F.S.;
46	providing requirements for electronic monitoring of sexual
47	offenders and sexual predators on conditional release;
48	amending s. 948.06, F.S.; requiring electronic monitoring
49	for any violation of probation or community control
50	supervision by certain offenders and sexual predators;
51	creating s. 948.061, F.S.; requiring the Department of
52	Corrections to develop a risk assessment and alert system
53	to monitor certain offenders placed on probation or
54	community control; authorizing the department to adopt
55	rules; requiring the department to have fingerprint-
56	reading equipment and capability by a specified date;
57	amending s. 948.11, F.S.; providing requirements for
58	electronic monitoring of sexual offenders and sexual
59	predators on community control or probation; amending s.
60	948.30, F.S.; requiring sexual offenders and sexual
61	predators on community control or probation to be placed
62	on electronic monitoring; providing for severability;
63	providing an effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  This act may be cited as the "Jessica Lunsford
68	Act."
69	Section 2.  Paragraph (a) of subsection (5) of section
70	216.136, Florida Statutes, is amended to read:
71	216.136  Consensus estimating conferences; duties and
72	principals.--
73	(5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
74	(a)  Duties.--The Criminal Justice Estimating Conference
75	shall:
76	1.  Develop such official information relating to the
77	criminal justice system, including forecasts of prison
78	admissions and population and of supervised felony offender
79	admissions and population, as the conference determines is
80	needed for the state planning and budgeting system.
81	2.  Develop such official information relating to the
82	number of eligible discharges and the projected number of civil
83	commitments for determining space needs pursuant to the civil
84	proceedings provided under part V of chapter 394.
85	3.  Develop official information relating to the number of
86	sexual offenders and sexual predators who are required by law to
87	be placed on community control, probation, or conditional
88	release who are subject to electronic monitoring.
89	Section 3.  Subsection (10) of section 775.082, Florida
90	Statutes, is renumbered as subsection (11), and a new subsection
91	(10) is added to said section, to read:
92	775.082  Penalties; applicability of sentencing structures;
93	mandatory minimum sentences for certain reoffenders previously
94	released from prison.--
95	(10)(a)  Any defendant convicted of any of the following
96	offenses shall, in addition to any other penalty provided by
97	law, be subject to electronic monitoring supervised by the
98	Department of Corrections for the remainder of his or her
99	natural life:
100	1.  Section 787.01(3), relating to kidnapping a child under
101	age 13.
102	2.  Section 787.02(3), relating to false imprisonment of a
103	child under age 13.
104	3.  Section 787.025, relating to luring or enticing a
105	child.
106	4.  Section 794.011(2), (3), (4), or (8), relating to
107	sexual battery.
108	5.  Section 800.04(4), relating to lewd or lascivious
109	battery.
110	(b)  Any defendant convicted of the following offenses:
111	1.  Section 800.04(5), relating to lewd or lascivious
112	molestation;
113	2.  Section 787.01(3), relating to kidnapping;
114	3.  Section 794.011(5), relating to sexual battery; or
115	4.  Section 825.1025(2), relating to lewd or lascivious
116	battery on an elderly person,
117
118	shall, in addition to any other penalty provided by law, be
119	subject to electronic monitoring supervised by the Department of
120	Corrections for the remainder of the defendant's natural life if
121	the court determines that the defendant has been previously
122	convicted for any violation of s. 800.04, s. 794.011, s. 787.01,
123	s. 787.02, s. 787.025, or s. 825.1025, or any burglary of a
124	dwelling under s. 810.02.
125	(c)  The lifetime electronic monitoring required for
126	offenders meeting the criteria of this subsection shall be in
127	addition to any other provision of sentencing ordered by the
128	court. The electronic monitoring shall commence upon expiration
129	of the defendant's sentence of imprisonment, or after the
130	period, if any, of probation, community control, or conditional
131	release supervision, whichever occurs later. The Department of
132	Corrections shall use a system of active electronic monitoring
133	that identifies the location of a monitored offender and that
134	can produce, upon request, reports or records of the offender's
135	presence near or within a crime scene or prohibited area or the
136	offender's departure from a specified geographic location. The
137	requirements of this subsection apply to all eligible defendants
138	whose crimes occurred on or after July 1, 2005. For purposes of
139	this subsection, the term "conviction" has the same meaning as
140	provided in s. 921.0021.
141	Section 4.  Section 775.0821, Florida Statutes, is created
142	to read:
143	775.0821  Tampering with or removal of lifetime electronic
144	monitoring device.--
145	(1)  Any person subject to lifetime electronic monitoring
146	under s. 775.082 who, for the purpose of facilitating the
147	commission of a crime, removes, defaces, alters, destroys, or
148	fails to maintain the electronic monitoring device in working
149	order commits a felony of the first degree, punishable as
150	provided in s. 775.082 or s. 775.083.
151	(2)  Any person subject to lifetime electronic monitoring
152	under s. 775.082 must follow instructions provided by the
153	Department of Corrections or the electronic monitoring device
154	manufacturer to maintain the electronic monitoring device in
155	working order. Incidental damage or defacement of the electronic
156	monitoring device must be reported to the Department of
157	Corrections within 2 hours. Failure to comply with the reporting
158	requirement of this subsection is a felony of the third degree,
159	punishable as provided in s. 775.082 or s. 775.083.
160	Section 5.  Paragraph (b) of subsection (4) and paragraphs
161	(a), (b), and (l) of subsection (6) of section 775.21, Florida
162	Statutes, are amended to read:
163	775.21  The Florida Sexual Predators Act.--
164	(4)  SEXUAL PREDATOR CRITERIA.--
165	(b)  In order to be counted as a prior felony for purposes
166	of this subsection, the felony must have resulted in a
167	conviction sentenced separately, or an adjudication of
168	delinquency for an offense committed entered separately, prior
169	to the current offense and sentenced or adjudicated separately
170	from any other felony conviction that is to be counted as a
171	prior felony. If the offender's prior enumerated felony was
172	committed more than 10 years before the primary offense, it
173	shall not be considered a prior felony under this subsection if
174	the offender has not been convicted of any other crime for a
175	period of 10 consecutive years from the most recent date of
176	release from confinement, supervision, or sanction, whichever is
177	later.
178	(6)  REGISTRATION.--
179	(a)  A sexual predator must register with the department by
180	providing the following information to the department:
181	1.  Name, social security number, age, race, sex, date of
182	birth, height, weight, hair and eye color, photograph, address
183	of legal residence and address of any current temporary
184	residence, within the state or out of state, including a rural
185	route address and a post office box, date and place of any
186	employment, date and place of each conviction, fingerprints, and
187	a brief description of the crime or crimes committed by the
188	offender. In addition, any sexual predator sentenced to lifetime
189	electronic monitoring under s. 775.082(10) must provide that
190	information to the department. A post office box shall not be
191	provided in lieu of a physical residential address.
192	a.  If the sexual predator's place of residence is a motor
193	vehicle, trailer, mobile home, or manufactured home, as defined
194	in chapter 320, the sexual predator shall also provide to the
195	department written notice of the vehicle identification number;
196	the license tag number; the registration number; and a
197	description, including color scheme, of the motor vehicle,
198	trailer, mobile home, or manufactured home. If a sexual
199	predator's place of residence is a vessel, live-aboard vessel,
200	or houseboat, as defined in chapter 327, the sexual predator
201	shall also provide to the department written notice of the hull
202	identification number; the manufacturer's serial number; the
203	name of the vessel, live-aboard vessel, or houseboat; the
204	registration number; and a description, including color scheme,
205	of the vessel, live-aboard vessel, or houseboat.
206	b.  If the sexual predator is enrolled, employed, or
207	carrying on a vocation at an institution of higher education in
208	this state, the sexual predator shall also provide to the
209	department the name, address, and county of each institution,
210	including each campus attended, and the sexual predator's
211	enrollment or employment status. Each change in enrollment or
212	employment status shall be reported in person at the sheriff's
213	office, or the Department of Corrections if the sexual predator
214	is in the custody or control of or under the supervision of the
215	Department of Corrections, within 48 hours after any change in
216	status. The sheriff or the Department of Corrections shall
217	promptly notify each institution of the sexual predator's
218	presence and any change in the sexual predator's enrollment or
219	employment status.
220	2.  Any other information determined necessary by the
221	department, including criminal and corrections records;
222	nonprivileged personnel and treatment records; and evidentiary
223	genetic markers when available.
224	(b)  If the sexual predator is in the custody or control
225	of, or under the supervision of, the Department of Corrections,
226	or is in the custody of a private correctional facility, the
227	sexual predator must register with the Department of
228	Corrections. The Department of Corrections shall provide to the
229	department registration information and the location of, and
230	local telephone number for, any Department of Corrections office
231	that is responsible for supervising the sexual predator. In
232	addition, The Department of Corrections shall also notify the
233	department if the sexual predator escapes or absconds from
234	custody or supervision or if the sexual predator dies. In
235	addition, for any sexual predator sentenced to lifetime
236	electronic monitoring under s. 775.082(10), the Department of
237	Corrections must provide that information to the department.
238	(l)  A sexual predator must maintain registration with the
239	department for the duration of his or her life, unless the
240	sexual predator has received a full pardon or has had a
241	conviction set aside in a postconviction proceeding for any
242	offense that met the criteria for the sexual predator
243	designation. However, a sexual predator who was designated as a
244	sexual predator by a court before October 1, 1998, and who has
245	been lawfully released from confinement, supervision, or
246	sanction, whichever is later, for at least 10 years and has not
247	been arrested for any felony or misdemeanor offense since
248	release, may petition the criminal division of the circuit court
249	in the circuit in which the sexual predator resides for the
250	purpose of removing the sexual predator designation. A sexual
251	predator who was designated a sexual predator by a court on or
252	after October 1, 1998, who has been lawfully released from
253	confinement, supervision, or sanction, whichever is later, for
254	at least 20 years, and who has not been arrested for any felony
255	or misdemeanor offense since release may petition the criminal
256	division of the circuit court in the circuit in which the sexual
257	predator resides for the purpose of removing the sexual predator
258	designation. A sexual predator who was designated a sexual
259	predator by a court on or after October 1, 2005, who has been
260	lawfully released from confinement, supervision, or sanction,
261	whichever is later, for at least 30 years and who has not been
262	arrested for any felony or misdemeanor offense since release may
263	petition the criminal division of the circuit court in the
264	circuit in which the sexual predator resides for the purpose of
265	removing the sexual predator designation. The court may grant or
266	deny such relief if the petitioner demonstrates to the court
267	that he or she has not been arrested for any crime since
268	release, the requested relief complies with the provisions of
269	the federal Jacob Wetterling Act, as amended, and any other
270	federal standards applicable to the removal of the designation
271	as a sexual predator or required to be met as a condition for
272	the receipt of federal funds by the state, and the court is
273	otherwise satisfied that the petitioner is not a current or
274	potential threat to public safety. The state attorney in the
275	circuit in which the petition is filed must be given notice of
276	the petition at least 3 weeks before the hearing on the matter.
277	The state attorney may present evidence in opposition to the
278	requested relief or may otherwise demonstrate the reasons why
279	the petition should be denied. If the court denies the petition,
280	the court may set a future date at which the sexual predator may
281	again petition the court for relief, subject to the standards
282	for relief provided in this paragraph. Unless specified in the
283	order, a sexual predator who is granted relief under this
284	paragraph must comply with the requirements for registration as
285	a sexual offender and other requirements provided under s.
286	943.0435 or s. 944.607. If a petitioner obtains an order from
287	the court that imposed the order designating the petitioner as a
288	sexual predator which removes such designation, the petitioner
289	shall forward a certified copy of the written findings or order
290	to the department in order to have the sexual predator
291	designation removed from the sexual predator registry.
292
293	The sheriff shall promptly provide to the department the
294	information received from the sexual predator.
295	Section 6.  Section 775.235, Florida Statutes, is created
296	to read:
297	775.235  Harboring sexual predator or sexual offender.--Any
298	person who permits a sexual predator or sexual offender to
299	reside with that person knowing that the sexual predator or
300	sexual offender has failed to comply with requirements of s.
301	775.21, s. 943.0435, or s. 944.607 commits a felony of the third
302	degree, punishable as provided in s. 775.082 or s. 775.083.
303	Section 7.  Paragraphs (f) and (g) of subsection (3) of
304	section 921.0022, Florida Statutes, are amended to read:
305	921.0022  Criminal Punishment Code; offense severity
306	ranking chart.--
307	(3)  OFFENSE SEVERITY RANKING CHART
308
	FloridaStatute FelonyDegree Description
309
	(f)  LEVEL 6
310
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
311
	499.0051(3) 2nd Forgery of pedigree papers.
312
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
313
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
314
	775.0875(1) 3rd Taking firearm from law enforcement officer.
315
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
316
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
317
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
318
	784.041 3rd Felony battery.
319
	784.048(3) 3rd Aggravated stalking; credible threat.
320
	784.048(5) 3rd Aggravated stalking of person under 16.
321
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
322
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
323
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
324
	784.081(2) 2nd Aggravated assault on specified official or employee.
325
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
326
	784.083(2) 2nd Aggravated assault on code inspector.
327
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
328
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
329
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
330
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
331
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
332
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
333
	794.05(1) 2nd Unlawful sexual activity with specified minor.
334
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
335
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
336
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
337
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
338
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
339
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
340
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
341
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
342
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
343
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
344
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
345
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
346
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
347
	827.03(1) 3rd Abuse of a child.
348
	827.03(3)(c) 3rd Neglect of a child.
349
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
350
	836.05 2nd Threats; extortion.
351
	836.10 2nd Written threats to kill or do bodily injury.
352
	843.12 3rd Aids or assists person to escape.
353
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
354
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
355
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
356
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
357
	944.40 2nd Escapes.
358
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
359
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
360
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
361
	(g)  LEVEL 7
362
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
363
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
364
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
365
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
366
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
367
	409.920(2) 3rd Medicaid provider fraud.
368
	456.065(2) 3rd Practicing a health care profession without a license.
369
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
370
	458.327(1) 3rd Practicing medicine without a license.
371
	459.013(1) 3rd Practicing osteopathic medicine without a license.
372
	460.411(1) 3rd Practicing chiropractic medicine without a license.
373
	461.012(1) 3rd Practicing podiatric medicine without a license.
374
	462.17 3rd Practicing naturopathy without a license.
375
	463.015(1) 3rd Practicing optometry without a license.
376
	464.016(1) 3rd Practicing nursing without a license.
377
	465.015(2) 3rd Practicing pharmacy without a license.
378
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
379
	467.201 3rd Practicing midwifery without a license.
380
	468.366 3rd Delivering respiratory care services without a license.
381
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
382
	483.901(9) 3rd Practicing medical physics without a license.
383
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
384
	484.053 3rd Dispensing hearing aids without a license.
385
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
386
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
387
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
388
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
389
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card.
390
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
391
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
392
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
393
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
394
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
395
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
396
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
397
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
398
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
399
	784.048(7) 3rd Aggravated stalking; violation of court order.
400
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
401
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
402
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
403
	784.081(1) 1st Aggravated battery on specified official or employee.
404
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
405
	784.083(1) 1st Aggravated battery on code inspector.
406
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
407
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
408
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
409
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
410
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
411
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
412
	796.03 2nd Procuring any person under 16 years for prostitution.
413
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
414
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
415
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
416
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
417
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
418
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
419
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
420
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
421
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
422
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
423
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
424
	812.131(2)(a) 2nd Robbery by sudden snatching.
425
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
426
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
427
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
428
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
429
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
430
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
431
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
432
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
433
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
434
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
435
	838.015 2nd Bribery.
436
	838.016 2nd Unlawful compensation or reward for official behavior.
437
	838.021(3)(a) 2nd Unlawful harm to a public servant.
438
	838.22 2nd Bid tampering.
439
	872.06 2nd Abuse of a dead human body.
440
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
441
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
442
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
443
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
444
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
445
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
446
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
447
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
448
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
449
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
450
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
451
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
452
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
453
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
454
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
455
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
456
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
457
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
458
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
459
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
460
461	Section 8.  Paragraph (o) is added to subsection (5) of
462	section 921.141, Florida Statutes, to read:
463	921.141  Sentence of death or life imprisonment for capital
464	felonies; further proceedings to determine sentence.--
465	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
466	shall be limited to the following:
467	(o)  The capital felony was committed by a person
468	designated a sexual predator under s. 775.21 or a person
469	previously designated a sexual predator whose sexual predator
470	designation had been removed.
471	Section 9.  Subsection (5) is added to section 943.043,
472	Florida Statutes, to read:
473	943.043  Toll-free telephone number; Internet notification;
474	sexual predator and sexual offender information.--
475	(5)  The department shall share information with local law
476	enforcement agencies to assist local law enforcement agencies in
477	determining the potential whereabouts of any sexual predator or
478	sexual offender who fails to respond to address-verification
479	attempts or otherwise absconds from registration.
480	Section 10.  Paragraph (a) of subsection (3) of section
481	944.606, Florida Statutes, is amended to read:
482	944.606  Sexual offenders; notification upon release.--
483	(3)(a)  The department must provide information regarding
484	any sexual offender who is being released after serving a period
485	of incarceration for any offense, as follows:
486	1.  The department must provide: the sexual offender's
487	name, any change in the offender's name by reason of marriage or
488	other legal process, and any alias, if known; the correctional
489	facility from which the sexual offender is released; the sexual
490	offender's social security number, race, sex, date of birth,
491	height, weight, and hair and eye color; date and county of
492	sentence and each crime for which the offender was sentenced; a
493	copy of the offender's fingerprints and a digitized photograph
494	taken within 60 days before release; the date of release of the
495	sexual offender; and the offender's intended residence address,
496	if known. The department shall notify the Department of Law
497	Enforcement if the sexual offender escapes, absconds, or dies.
498	In addition, for any sexual offender sentenced to lifetime
499	electronic monitoring under s. 775.082(10), the department must
500	provide that information to the Department of Law Enforcement.
501	If the sexual offender is in the custody of a private
502	correctional facility, the facility shall take the digitized
503	photograph of the sexual offender within 60 days before the
504	sexual offender's release and provide this photograph to the
505	Department of Corrections and also place it in the sexual
506	offender's file. If the sexual offender is in the custody of a
507	local jail, the custodian of the local jail shall notify the
508	Department of Law Enforcement of the sexual offender's release
509	and provide to the Department of Law Enforcement the information
510	specified in this paragraph and any information specified in
511	subparagraph 2. that the Department of Law Enforcement requests.
512	2.  The department may provide any other information deemed
513	necessary, including criminal and corrections records,
514	nonprivileged personnel and treatment records, when available.
515	Section 11.  Paragraph (a) of subsection (4) of section
516	944.607, Florida Statutes, is amended, and paragraph (h) is
517	added to subsection (6) of said section, to read:
518	944.607  Notification to Department of Law Enforcement of
519	information on sexual offenders.--
520	(4)  A sexual offender, as described in this section, who
521	is under the supervision of the Department of Corrections but is
522	not incarcerated must register with the Department of
523	Corrections and provide information as required by this
524	subsection.
525	(a)  The sexual offender shall provide his or her name;
526	date of birth; social security number; race; sex; height;
527	weight; hair and eye color; tattoos or other identifying marks;
528	and permanent or legal residence and address of temporary
529	residence within the state or out of state while the sexual
530	offender is under supervision in this state, including any rural
531	route address or post office box. In addition, any sexual
532	offender sentenced to lifetime electronic monitoring under s.
533	775.082(10) must provide that information to the Department of
534	Corrections. The Department of Corrections shall verify the
535	address of each sexual offender in the manner described in ss.
536	775.21 and 943.0435.
537	(6)  The information provided to the Department of Law
538	Enforcement must include:
539	(h)  Information obtained from the Department of
540	Corrections that a sexual offender has been sentenced to
541	lifetime electronic monitoring under s. 775.082(10).
542
543	If any information provided by the department changes during the
544	time the sexual offender is under the department's control,
545	custody, or supervision, including any change in the offender's
546	name by reason of marriage or other legal process, the
547	department shall, in a timely manner, update the information and
548	provide it to the Department of Law Enforcement in the manner
549	prescribed in subsection (2).
550	Section 12.  Paragraph (b) of subsection (7) of section
551	947.1405, Florida Statutes, is amended, paragraph (c) is added
552	to said subsection, subsection (9) is renumbered as subsection
553	(10), and a new subsection (9) is added to said section, to
554	read:
555	947.1405  Conditional release program.--
556	(7)
557	(b)  For a releasee whose crime was committed on or after
558	October 1, 1997, in violation of chapter 794, s. 800.04, s.
559	827.071, or s. 847.0145, and who is subject to conditional
560	release supervision, in addition to any other provision of this
561	section subsection, the commission shall impose the following
562	additional conditions of conditional release supervision:
563	1.  As part of a treatment program, participation in a
564	minimum of one annual polygraph examination to obtain
565	information necessary for risk management and treatment and to
566	reduce the sex offender's denial mechanisms. The polygraph
567	examination must be conducted by a polygrapher trained
568	specifically in the use of the polygraph for the monitoring of
569	sex offenders, where available, and at the expense of the sex
570	offender. The results of the polygraph examination shall not be
571	used as evidence in a hearing to prove that a violation of
572	supervision has occurred.
573	2.  Maintenance of a driving log and a prohibition against
574	driving a motor vehicle alone without the prior approval of the
575	supervising officer.
576	3.  A prohibition against obtaining or using a post office
577	box without the prior approval of the supervising officer.
578	4.  If there was sexual contact, a submission to, at the
579	probationer's or community controllee's expense, an HIV test
580	with the results to be released to the victim or the victim's
581	parent or guardian.
582	5.  Electronic monitoring of any form when ordered by the
583	commission.
584	(c)  Effective for a releasee whose crime was committed on
585	or after July 1, 2005, in violation of chapter 794, s. 800.04,
586	s. 827.071, or s. 847.0145, or who is designated a sexual
587	predator under s. 775.21, in addition to any other provision of
588	this section, the commission shall require electronic monitoring
589	as provided in s. 947.1406.
590	(9)  For a releasee placed on electronic monitoring under
591	paragraph (7)(c) who the commission determines is in violation
592	of any material condition of supervision, the commission shall
593	order the releasee returned to prison until the expiration of
594	the sentence of imprisonment.
595	Section 13.  Section 947.1406, Florida Statutes, is created
596	to read:
597	947.1406  Electronic monitoring for certain sex offenders
598	and sexual predators.--For any conditional releasee placed on
599	electronic monitoring under s. 947.1405(9), the department shall
600	use a system of active electronic monitoring that identifies the
601	location of a monitored offender and that can produce upon
602	request reports or records of the offender's presence near or
603	within a crime scene or prohibited area or the offender's
604	departure from a specified geographic location.
605	Section 14.  Subsection (8) is added to section 948.06,
606	Florida Statutes, to read:
607	948.06  Violation of probation or community control;
608	revocation; modification; continuance; failure to pay
609	restitution or cost of supervision.--
610	(8)  This subsection shall apply to any probationer or
611	community controllee under supervision for a violation of s.
612	787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s.
613	827.071, or s. 847.0145, or who is designated a sexual predator
614	under s. 775.21, regardless of when his or her crime was
615	committed. In any case, when a violation of supervision is
616	admitted or determined by the court to be proven, and the court
617	returns the violator to probation or community control
618	supervision, the court must, in addition to any other condition
619	of supervision, order electronic monitoring as described in s.
620	948.11(6).
621	Section 15.  Section 948.061, Florida Statutes, is created
622	to read:
623	948.061  Identifying, assessing, and monitoring certain
624	high-risk offenders on community supervision; providing
625	cumulative criminal and supervision histories to the court.--
626	(1)  By December 1, 2005, the department shall develop a
627	graduated risk assessment and alert system that continuously
628	identifies, assesses, and closely monitors a high-risk offender
629	who is placed on probation or in community control and who:
630	(a)  Has previously been placed on probation or in
631	community control and has a history of committing multiple
632	violations of community supervision in this state or in any
633	other jurisdiction or has previously been incarcerated in this
634	state or in any other jurisdiction.
635	(b)  Has experienced more than one of the following risk
636	factors that could potentially make the offender more likely to
637	pose a danger to others:
638	1.  Attempted suicide or had severe depression;
639	2.  Marital instability or a history of domestic violence;
640	3.  A history of substance abuse;
641	4.  Unemployment or substantial financial difficulties;
642	5.  A history of violence or sex acts against children,
643	particularly involving strangers; or
644	6.  Any other risk factor identified by the department.
645	(2)  In providing criminal history and background
646	information to the court for these high-risk offenders, the
647	correctional probation officer shall provide at each hearing
648	before the court a complete chronology of the offender's
649	criminal history and prior terms of probation or community
650	control, including all substantive or technical violations of
651	probation or community control. The department may adopt rules
652	as necessary to administer this section.
653	(3)  In monitoring the location of high-risk offenders, the
654	department, shall, no later than October 1, 2006, have
655	fingerprint-reading equipment and capability that will
656	immediately identify the probationer or community controllee
657	when he or she reports to his or her designated probation
658	officer and alert department probation officials when
659	probationers and community controllees are subsequently
660	rearrested.
661	Section 16.  Subsection (6) is added to section 948.11,
662	Florida Statutes, to read:
663	948.11  Electronic monitoring devices.--
664	(6)  For any probationer or community controllee placed on
665	electronic monitoring under s. 948.30(3), the Department of
666	Corrections shall use a system of active electronic monitoring
667	that identifies the location of a monitored offender and that
668	can produce, upon request, reports or records of the offender's
669	presence near or within a crime scene or prohibited area or the
670	offender's departure from a specified geographic location.
671	Section 17.  Subsection (2) of section 948.30, Florida
672	Statutes, is amended, and subsection (3) is added to said
673	section, to read:
674	948.30  Additional terms and conditions of probation or
675	community control for certain sex offenses.--Conditions imposed
676	pursuant to this section do not require oral pronouncement at
677	the time of sentencing and shall be considered standard
678	conditions of probation or community control for offenders
679	specified in this section.
680	(2)  Effective for a probationer or community controllee
681	whose crime was committed on or after October 1, 1997, and who
682	is on supervision placed on sex offender probation for a
683	violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
684	in addition to any other provision of this section subsection,
685	the court must impose the following conditions of probation or
686	community control:
687	(a)  As part of a treatment program, participation at least
688	annually in polygraph examinations to obtain information
689	necessary for risk management and treatment and to reduce the
690	sex offender's denial mechanisms. A polygraph examination must
691	be conducted by a polygrapher trained specifically in the use of
692	the polygraph for the monitoring of sex offenders, where
693	available, and shall be paid for by the sex offender. The
694	results of the polygraph examination shall not be used as
695	evidence in court to prove that a violation of community
696	supervision has occurred.
697	(b)  Maintenance of a driving log and a prohibition against
698	driving a motor vehicle alone without the prior approval of the
699	supervising officer.
700	(c)  A prohibition against obtaining or using a post office
701	box without the prior approval of the supervising officer.
702	(d)  If there was sexual contact, a submission to, at the
703	probationer's or community controllee's expense, an HIV test
704	with the results to be released to the victim or the victim's
705	parent or guardian.
706	(e)  Electronic monitoring when deemed necessary by the
707	community control or probation officer and his or her
708	supervisor, and ordered by the court at the recommendation of
709	the Department of Corrections.
710	(3)  Effective for a probationer or community controllee
711	whose crime was committed on or after July 1, 2005, and who is
712	on supervision for a violation of chapter 794, s. 800.04, s.
713	827.071, or s. 847.0145, or who is designated a sexual predator
714	under s. 775.21, in addition to any other provision of this
715	section, the court shall order electronic monitoring as provided
716	in s. 948.11(6).
717	Section 18.  If any provision of this act or its
718	application to any person or circumstance is held invalid, the
719	invalidity does not affect other provisions or applications of
720	the act that can be given effect without the invalid provision
721	or application, and to this end the provisions of this act are
722	declared severable.
723	Section 19.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.