HB 1877

1	A bill to be entitled
2	An act relating to sexual predators and sexual offenders;
3	providing a popular name; amending s. 216.136, F.S.;
4	assigning an additional responsibility to the Criminal
5	Justice Estimating Conference; amending s. 775.082, F.S.;
6	providing for specified sentencing of persons convicted of
7	the life felony offense in s. 800.04(5)(b), F.S.; creating
8	s. 775.0821, F.S.; creating a felony offense for removing,
9	altering, or failing to maintain an electronic monitoring
10	device for the purpose of committing a crime; providing
11	criminal penalties; amending s. 775.21, F.S.; revising
12	criteria for sexual predator designation; requiring
13	certain notification of sentence; providing for electronic
14	monitoring; extending period for petition to remove sexual
15	predator designation; creating s. 775.235, F.S.;
16	prohibiting the harboring of a sexual predator or sexual
17	offender; providing criminal penalties; amending s.
18	800.04, F.S.; providing that it is a life felony for an
19	offender 18 years of age or older to commit lewd or
20	lascivious molestation against a victim younger than 12
21	years of age; amending s. 921.0022, F.S.; revising ranking
22	for certain offenses involving sexual predators and sexual
23	offenders failing to comply with registration
24	requirements; ranking offenses involving sexual predators
25	and sexual offenders failing to comply with registration
26	and other requirements; amending s. 921.141, F.S.;
27	creating an aggravating circumstance pertaining to sexual
28	predators for purposes of imposing the death penalty;
29	amending s. 943.043, F.S.; requiring the Department of
30	Corrections to share information with local law
31	enforcement agencies to assist in determining the
32	potential whereabouts of registered sexual predators and
33	sexual offenders; amending s. 943.0435, F.S.; revising
34	provisions relating to sexual offender registration;
35	creating s. 943.04352, F.S.; requiring a search of the
36	sexual offender and sexual predator registry by entities
37	providing probation services; amending s. 944.606, F.S.;
38	requiring the Department of Corrections to provide
39	information regarding electronic monitoring to the
40	Department of Law Enforcement; amending s. 944.607, F.S.;
41	requiring sexual offenders sentenced to electronic
42	monitoring to provide such information to the Department
43	of Corrections and for such department to provide that
44	information to the Department of Law Enforcement; amending
45	s. 947.1405, F.S.; requiring sexual offenders and sexual
46	predators on conditional release to be placed on
47	electronic monitoring; requiring the Parole Commission to
48	order sexual offenders and sexual predators on conditional
49	release to be returned to prison until expiration of
50	sentence for any material violation of supervision;
51	creating s. 947.1406, F.S.; providing requirements for
52	electronic monitoring of sexual offenders and sexual
53	predators on conditional release; amending s. 948.06,
54	F.S.; requiring electronic monitoring for any violation of
55	probation or community control supervision by certain
56	offenders and sexual predators; creating s. 948.061, F.S.;
57	requiring the Department of Corrections to develop a risk
58	assessment and alert system to monitor certain offenders
59	placed on probation or community control; authorizing the
60	department to adopt rules; requiring the department to
61	have fingerprint-reading equipment and capability by a
62	specified date; amending s. 948.11, F.S.; providing
63	requirements for electronic monitoring of sexual offenders
64	and sexual predators on community control or probation;
65	amending s. 948.30, F.S.; requiring sexual offenders and
66	sexual predators on community control or probation to be
67	placed on electronic monitoring; requiring a study by the
68	Office of Program Policy Analysis and Governmental
69	Accountability of the effectiveness of Florida's sexual
70	predator and sexual offender registration process and
71	community and public notification provisions; providing
72	for severability; providing an effective date.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  This act may be cited as the "Jessica Lunsford
77	Act."
78	Section 2.  Paragraph (a) of subsection (5) of section
79	216.136, Florida Statutes, is amended to read:
80	216.136  Consensus estimating conferences; duties and
81	principals.--
82	(5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
83	(a)  Duties.--The Criminal Justice Estimating Conference
84	shall:
85	1.  Develop such official information relating to the
86	criminal justice system, including forecasts of prison
87	admissions and population and of supervised felony offender
88	admissions and population, as the conference determines is
89	needed for the state planning and budgeting system.
90	2.  Develop such official information relating to the
91	number of eligible discharges and the projected number of civil
92	commitments for determining space needs pursuant to the civil
93	proceedings provided under part V of chapter 394.
94	3.  Develop official information relating to the number of
95	sexual offenders and sexual predators who are required by law to
96	be placed on community control, probation, or conditional
97	release who are subject to electronic monitoring.
98	Section 3.  Paragraph (a) of subsection (3) of section
99	775.082, Florida Statutes, is amended to read:
100	775.082  Penalties; applicability of sentencing structures;
101	mandatory minimum sentences for certain reoffenders previously
102	released from prison.--
103	(3)  A person who has been convicted of any other
104	designated felony may be punished as follows:
105	(a)1.  For a life felony committed prior to October 1,
106	1983, by a term of imprisonment for life or for a term of years
107	not less than 30.
108	2.  For a life felony committed on or after October 1,
109	1983, by a term of imprisonment for life or by a term of
110	imprisonment not exceeding 40 years.
111	3.  Except as provided in subparagraph 4., for a life
112	felony committed on or after July 1, 1995, by a term of
113	imprisonment for life or by imprisonment for a term of years not
114	exceeding life imprisonment.
115	4.  For a life felony committed on or after September 1,
116	2005, which is a violation of s. 800.04(5)(b), by:
117	a.  A term of imprisonment for life; or
118	b.  A split sentence that is a term of not less than 25
119	years imprisonment and not exceeding life imprisonment, followed
120	by probation or community control for the remainder of the
121	person's natural life and subject to a system of active
122	electronic monitoring that identifies the location of a
123	monitored offender and that can produce, upon request, reports
124	or records of the offender's presence near or within a crime
125	scene or prohibited area or the offender's departure from a
126	specified geographic location.
127	Section 4.  Section 775.0821, Florida Statutes, is created
128	to read:
129	775.0821  Tampering with or removal of electronic
130	monitoring device.--
131	(1)  Any person subject to electronic monitoring provided
132	in s. 775.082(3)(a)4.b., s. 947.1406, or s. 948.11(6) who
133	intentionally removes, defaces, alters, destroys, or fails to
134	maintain the electronic monitoring device in working order
135	commits a felony of the first degree, punishable as provided in
136	s. 775.082 or s. 775.083.
137	(2)  Any person subject to electronic monitoring under s.
138	775.082 must follow instructions provided by the Department of
139	Corrections or the electronic monitoring device manufacturer to
140	maintain the electronic monitoring device in working order.
141	Incidental damage or defacement of the electronic monitoring
142	device must be reported to the Department of Corrections within
143	2 hours. Failure to comply with the reporting requirement of
144	this subsection is a felony of the third degree, punishable as
145	provided in s. 775.082 or s. 775.083.
146	Section 5.  Paragraph (b) of subsection (4), paragraphs
147	(a), (b), and (l) of subsection (6), and paragraph (a) of
148	subsection (10) of section 775.21, Florida Statutes, are
149	amended, and paragraph (m) is added to subsection (6) of said
150	section, to read:
151	775.21  The Florida Sexual Predators Act.--
152	(4)  SEXUAL PREDATOR CRITERIA.--
153	(b)  In order to be counted as a prior felony for purposes
154	of this subsection, the felony must have resulted in a
155	conviction sentenced separately, or an adjudication of
156	delinquency entered separately, prior to the current offense and
157	sentenced or adjudicated separately from any other felony
158	conviction that is to be counted as a prior felony. If the
159	offender's prior enumerated felony was committed more than 10
160	years before the primary offense, it shall not be considered a
161	prior felony under this subsection if the offender has not been
162	convicted of any other crime for a period of 10 consecutive
163	years from the most recent date of release from confinement,
164	supervision, or sanction, whichever is later.
165	(6)  REGISTRATION.--
166	(a)  A sexual predator must register with the department by
167	providing the following information to the department:
168	1.  Name, social security number, age, race, sex, date of
169	birth, height, weight, hair and eye color, photograph, address
170	of legal residence and address of any current temporary
171	residence, within the state or out of state, including a rural
172	route address and a post office box, date and place of any
173	employment, date and place of each conviction, fingerprints, and
174	a brief description of the crime or crimes committed by the
175	offender. In addition, any sexual predator sentenced to
176	electronic monitoring provided in s. 775.082(3)(a)4.b., s.
177	947.1406, or s. 948.11(6) must provide that information to the
178	department. A post office box shall not be provided in lieu of a
179	physical residential address.
180	a.  If the sexual predator's place of residence is a motor
181	vehicle, trailer, mobile home, or manufactured home, as defined
182	in chapter 320, the sexual predator shall also provide to the
183	department written notice of the vehicle identification number;
184	the license tag number; the registration number; and a
185	description, including color scheme, of the motor vehicle,
186	trailer, mobile home, or manufactured home. If a sexual
187	predator's place of residence is a vessel, live-aboard vessel,
188	or houseboat, as defined in chapter 327, the sexual predator
189	shall also provide to the department written notice of the hull
190	identification number; the manufacturer's serial number; the
191	name of the vessel, live-aboard vessel, or houseboat; the
192	registration number; and a description, including color scheme,
193	of the vessel, live-aboard vessel, or houseboat.
194	b.  If the sexual predator is enrolled, employed, or
195	carrying on a vocation at an institution of higher education in
196	this state, the sexual predator shall also provide to the
197	department the name, address, and county of each institution,
198	including each campus attended, and the sexual predator's
199	enrollment or employment status. Each change in enrollment or
200	employment status shall be reported in person at the sheriff's
201	office, or the Department of Corrections if the sexual predator
202	is in the custody or control of or under the supervision of the
203	Department of Corrections, within 48 hours after any change in
204	status. The sheriff or the Department of Corrections shall
205	promptly notify each institution of the sexual predator's
206	presence and any change in the sexual predator's enrollment or
207	employment status.
208	2.  Any other information determined necessary by the
209	department, including criminal and corrections records;
210	nonprivileged personnel and treatment records; and evidentiary
211	genetic markers when available.
212	(b)  If the sexual predator is in the custody or control
213	of, or under the supervision of, the Department of Corrections,
214	or is in the custody of a private correctional facility, the
215	sexual predator must register with the Department of
216	Corrections. The Department of Corrections shall provide to the
217	department registration information and the location of, and
218	local telephone number for, any Department of Corrections office
219	that is responsible for supervising the sexual predator. In
220	addition, The Department of Corrections shall also notify the
221	department if the sexual predator escapes or absconds from
222	custody or supervision or if the sexual predator dies. In
223	addition, for any sexual predator sentenced to electronic
224	monitoring provided in s. 775.082(3)(a)4.b., s. 947.1406, or s.
225	948.11(6), the Department of Corrections must provide that
226	information to the department.
227	(l)  A sexual predator must maintain registration with the
228	department for the duration of his or her life, unless the
229	sexual predator has received a full pardon or has had a
230	conviction set aside in a postconviction proceeding for any
231	offense that met the criteria for the sexual predator
232	designation. However, a sexual predator who was designated as a
233	sexual predator by a court before October 1, 1998, and who has
234	been lawfully released from confinement, supervision, or
235	sanction, whichever is later, for at least 10 years and has not
236	been arrested for any felony or misdemeanor offense since
237	release, may petition the criminal division of the circuit court
238	in the circuit in which the sexual predator resides for the
239	purpose of removing the sexual predator designation. A sexual
240	predator who was designated a sexual predator by a court on or
241	after October 1, 1998, who has been lawfully released from
242	confinement, supervision, or sanction, whichever is later, for
243	at least 20 years, and who has not been arrested for any felony
244	or misdemeanor offense since release may petition the criminal
245	division of the circuit court in the circuit in which the sexual
246	predator resides for the purpose of removing the sexual predator
247	designation. A sexual predator who was designated a sexual
248	predator by a court on or after October 1, 2005, who has been
249	lawfully released from confinement, supervision, or sanction,
250	whichever is later, for at least 30 years and who has not been
251	arrested for any felony or misdemeanor offense since release may
252	petition the criminal division of the circuit court in the
253	circuit in which the sexual predator resides for the purpose of
254	removing the sexual predator designation. The court may grant or
255	deny such relief if the petitioner demonstrates to the court
256	that he or she has not been arrested for any crime since
257	release, the requested relief complies with the provisions of
258	the federal Jacob Wetterling Act, as amended, and any other
259	federal standards applicable to the removal of the designation
260	as a sexual predator or required to be met as a condition for
261	the receipt of federal funds by the state, and the court is
262	otherwise satisfied that the petitioner is not a current or
263	potential threat to public safety. The state attorney in the
264	circuit in which the petition is filed must be given notice of
265	the petition at least 3 weeks before the hearing on the matter.
266	The state attorney may present evidence in opposition to the
267	requested relief or may otherwise demonstrate the reasons why
268	the petition should be denied. If the court denies the petition,
269	the court may set a future date at which the sexual predator may
270	again petition the court for relief, subject to the standards
271	for relief provided in this paragraph. Unless specified in the
272	order, a sexual predator who is granted relief under this
273	paragraph must comply with the requirements for registration as
274	a sexual offender and other requirements provided under s.
275	943.0435 or s. 944.607. If a petitioner obtains an order from
276	the court that imposed the order designating the petitioner as a
277	sexual predator which removes such designation, the petitioner
278	shall forward a certified copy of the written findings or order
279	to the department in order to have the sexual predator
280	designation removed from the sexual predator registry.
281	(m)1.  A sexual predator must report in person each year
282	during the month of the sexual predator's date of birth and
283	during the sixth month following the sexual predator's birth
284	month to the sheriff's office in the county in which he or she
285	resides or is otherwise located to reregister. The sheriff's
286	office may determine the appropriate times and days for
287	reporting by the sexual predator, which shall be consistent with
288	the reporting requirements of this paragraph. Reregistration
289	shall include any changes to information provided in paragraph
290	(a).
291	2.  The sheriff's office shall, within 2 working days,
292	electronically submit and update all information provided by the
293	sexual predator to the department in a manner prescribed by the
294	department. This procedure shall be implemented by December 1,
295	2005.
296
297	The sheriff shall promptly provide to the department the
298	information received from the sexual predator.
299	(10)  PENALTIES.--
300	(a)  Except as otherwise specifically provided, a sexual
301	predator who fails to register; who fails, after registration,
302	to maintain, acquire, or renew a driver's license or
303	identification card; who fails to provide required location
304	information or change-of-name information; who fails to make a
305	required report in connection with vacating a permanent
306	residence; who fails to reregister as required; who fails to
307	respond to any address verification correspondence from the
308	department within three weeks of the date of the correspondence;
309	or who otherwise fails, by act or omission, to comply with the
310	requirements of this section, commits a felony of the third
311	degree, punishable as provided in s. 775.082, s. 775.083, or s.
312	775.084.
313	Section 6.  Section 775.235, Florida Statutes, is created
314	to read:
315	775.235  Harboring sexual predator or sexual offender.--Any
316	person who knows or has reasonable cause to believe that a
317	sexual predator or sexual offender is not complying, or has not
318	complied, with the requirements of s. 775.21, s. 943.0435, or s.
319	944.607 and who, with the intent to assist the sexual predator
320	or sexual offender in eluding a law enforcement agency that is
321	seeking to find the sexual predator or sexual offender to
322	question the sexual predator or sexual offender about, or to
323	arrest the sexual predator or sexual offender for, his or her
324	noncompliance with the requirements of this section:
325	(1)  Withholds information from, or does not notify, the
326	law enforcement agency about the sexual predator or sexual
327	offender's noncompliance with the requirements of this section,
328	and, if known, the whereabouts of the sexual predator or sexual
329	offender;
330	(2)  Harbors, or attempts to harbor, or assists another
331	person in harboring or attempting to harbor, the sexual predator
332	or sexual offender;
333	(3)  Hides or attempts to hide, or assists another person
334	in hiding or attempting to hide, the sexual predator or sexual
335	offender; or
336	(4)  Provides information to the law enforcement agency
337	regarding the sexual predator or sexual offender which the
338	person knows to be false information,
339
340	commits a felony of the third degree, punishable as provided in
341	s. 775.082 , s. 775.083, or s. 775.084. This paragraph does not
342	apply if the sexual predator or sexual offender is incarcerated
343	in or is in the custody of a state correctional facility, a
344	private correctional facility, a local jail, or a federal
345	correctional facility.
346	Section 7.  Paragraph (b) of subsection (5) of section
347	800.04, Florida Statutes, is amended to read:
348	800.04  Lewd or lascivious offenses committed upon or in
349	the presence of persons less than 16 years of age.--
350	(5)  LEWD OR LASCIVIOUS MOLESTATION.--
351	(b)  An offender 18 years of age or older who commits lewd
352	or lascivious molestation against a victim less than 12 years of
353	age commits a life felony of the first degree, punishable as
354	provided in s. s. 775.082(3)(a)4. 775.082, s. 775.083, or s.
355	775.084.
356	Section 8.  Paragraphs (f) and (g) of subsection (3) of
357	section 921.0022, Florida Statutes, are amended to read:
358	921.0022  Criminal Punishment Code; offense severity
359	ranking chart.--
360	(3)  OFFENSE SEVERITY RANKING CHART
361
	FloridaStatute FelonyDegree Description
362
	(f)  LEVEL 6
363
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
364
	499.0051(3) 2nd Forgery of pedigree papers.
365
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
366
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
367
	775.0875(1) 3rd Taking firearm from law enforcement officer.
368
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
369
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
370
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
371
	784.041 3rd Felony battery.
372
	784.048(3) 3rd Aggravated stalking; credible threat.
373
	784.048(5) 3rd Aggravated stalking of person under 16.
374
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
375
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
376
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
377
	784.081(2) 2nd Aggravated assault on specified official or employee.
378
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
379
	784.083(2) 2nd Aggravated assault on code inspector.
380
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
381
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
382
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
383
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
384
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
385
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
386
	794.05(1) 2nd Unlawful sexual activity with specified minor.
387
	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.
388
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
389
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
390
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
391
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
392
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
393
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
394
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
395
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
396
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
397
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
398
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
399
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
400
	827.03(1) 3rd Abuse of a child.
401
	827.03(3)(c) 3rd Neglect of a child.
402
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
403
	836.05 2nd Threats; extortion.
404
	836.10 2nd Written threats to kill or do bodily injury.
405
	843.12 3rd Aids or assists person to escape.
406
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
407
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
408
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
409
	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.
410
	944.40 2nd Escapes.
411
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
412
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
413
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
414
	(g)  LEVEL 7
415
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
416
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
417
	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.
418
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
419
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
420
	409.920(2) 3rd Medicaid provider fraud.
421
	456.065(2) 3rd Practicing a health care profession without a license.
422
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
423
	458.327(1) 3rd Practicing medicine without a license.
424
	459.013(1) 3rd Practicing osteopathic medicine without a license.
425
	460.411(1) 3rd Practicing chiropractic medicine without a license.
426
	461.012(1) 3rd Practicing podiatric medicine without a license.
427
	462.17 3rd Practicing naturopathy without a license.
428
	463.015(1) 3rd Practicing optometry without a license.
429
	464.016(1) 3rd Practicing nursing without a license.
430
	465.015(2) 3rd Practicing pharmacy without a license.
431
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
432
	467.201 3rd Practicing midwifery without a license.
433
	468.366 3rd Delivering respiratory care services without a license.
434
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
435
	483.901(9) 3rd Practicing medical physics without a license.
436
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
437
	484.053 3rd Dispensing hearing aids without a license.
438
	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.
439
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
440
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
441
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
442
	775.0821 3rd Tampering with electronic monitoring device.
443
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card.
444
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
445
	775.235 3rd Harboring sexual predator or sexual offender.
446
447
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
448
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
449
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
450
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
451
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
452
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
453
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
454
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
455
	784.048(7) 3rd Aggravated stalking; violation of court order.
456
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
457
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
458
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
459
	784.081(1) 1st Aggravated battery on specified official or employee.
460
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
461
	784.083(1) 1st Aggravated battery on code inspector.
462
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
463
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
464
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
465
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
466
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
467
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
468
	796.03 2nd Procuring any person under 16 years for prostitution.
469
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
470
	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.
471
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
472
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
473
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
474
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
475
	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.
476
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
477
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
478
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
479
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
480
	812.131(2)(a) 2nd Robbery by sudden snatching.
481
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
482
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
483
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
484
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
485
	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.
486
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
487
	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.
488
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
489
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
490
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
491
	838.015 2nd Bribery.
492
	838.016 2nd Unlawful compensation or reward for official behavior.
493
	838.021(3)(a) 2nd Unlawful harm to a public servant.
494
	838.22 2nd Bid tampering.
495
	872.06 2nd Abuse of a dead human body.
496
	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.
497
	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.
498
	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).
499
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
500
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
501
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
502
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
503
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
504
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
505
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
506
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
507
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
508
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
509
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
510
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
511
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
512
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
513
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
514
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
515
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
516
517	Section 9.  Paragraph (o) is added to subsection (5) of
518	section 921.141, Florida Statutes, to read:
519	921.141  Sentence of death or life imprisonment for capital
520	felonies; further proceedings to determine sentence.--
521	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
522	shall be limited to the following:
523	(o)  The capital felony was committed by a person
524	designated a sexual predator under s. 775.21 or a person
525	previously designated a sexual predator whose sexual predator
526	designation had been removed.
527	Section 10.  Subsection (5) is added to section 943.043,
528	Florida Statutes, to read:
529	943.043  Toll-free telephone number; Internet notification;
530	sexual predator and sexual offender information.--
531	(5)  The department shall share information with local law
532	enforcement agencies to assist local law enforcement agencies in
533	determining the potential whereabouts of any sexual predator or
534	sexual offender who fails to respond to address-verification
535	attempts or otherwise absconds from registration.
536	Section 11.  Subsection (13) is added to section 943.0435,
537	Florida Statutes, to read:
538	943.0435  Sexual offenders required to register with the
539	department; penalty.--
540	(13)(a)  A sexual offender must report in person each year
541	during the month of the sexual offender's date of birth and
542	during the sixth month following the sexual offender's birth
543	month to the sheriff's office in the county in which he or she
544	resides or is otherwise located to reregister. The sheriff's
545	office may determine the appropriate times and days for
546	reporting by the sexual offender, which shall be consistent with
547	the reporting requirements of this paragraph. Reregistration
548	shall include any changes to the information provided in
549	subsection (2). Any sexual offender who fails to report in
550	person as required at the sheriff's office, or who fails to
551	respond to any address verification correspondence from the
552	department within three weeks of the date of the correspondence,
553	commits a felony of the third degree, punishable as provided in
554	s. 775.082, s. 775.083, or s. 775.084.
555	(b)  The sheriff's office shall, within 2 working days,
556	electronically submit and update all information provided by the
557	sexual offender to the department in a manner prescribed by the
558	department. This procedure shall be implemented by December 1,
559	2005.
560	Section 12.  Section 943.04352, Florida Statutes, is
561	created to read:
562	943.04352  Search of registration information regarding
563	sexual predators and sexual offenders required for misdemeanor
564	probation placement.--When the court places a defendant on
565	misdemeanor probation pursuant to ss. 948.01 and 948.15, the
566	public or private entity providing probation services must
567	conduct a search of the probationer's name or other identifying
568	information against the registration information regarding
569	sexual predators and sexual offenders maintained by the
570	Department of Law Enforcement under s. 943.043. The probation
571	services provider may conduct the search using the Internet site
572	maintained by the Department of Law Enforcement.
573	Section 13.  Paragraph (a) of subsection (3) of section
574	944.606, Florida Statutes, is amended to read:
575	944.606  Sexual offenders; notification upon release.--
576	(3)(a)  The department must provide information regarding
577	any sexual offender who is being released after serving a period
578	of incarceration for any offense, as follows:
579	1.  The department must provide: the sexual offender's
580	name, any change in the offender's name by reason of marriage or
581	other legal process, and any alias, if known; the correctional
582	facility from which the sexual offender is released; the sexual
583	offender's social security number, race, sex, date of birth,
584	height, weight, and hair and eye color; date and county of
585	sentence and each crime for which the offender was sentenced; a
586	copy of the offender's fingerprints and a digitized photograph
587	taken within 60 days before release; the date of release of the
588	sexual offender; and the offender's intended residence address,
589	if known. The department shall notify the Department of Law
590	Enforcement if the sexual offender escapes, absconds, or dies.
591	In addition, for any sexual offender sentenced to electronic
592	monitoring provided in  s. 775.082(3)(a)4.b., s. 947.1406, or s.
593	948.11(6), the department must provide that information to the
594	Department of Law Enforcement. If the sexual offender is in the
595	custody of a private correctional facility, the facility shall
596	take the digitized photograph of the sexual offender within 60
597	days before the sexual offender's release and provide this
598	photograph to the Department of Corrections and also place it in
599	the sexual offender's file. If the sexual offender is in the
600	custody of a local jail, the custodian of the local jail shall
601	notify the Department of Law Enforcement of the sexual
602	offender's release and provide to the Department of Law
603	Enforcement the information specified in this paragraph and any
604	information specified in subparagraph 2. that the Department of
605	Law Enforcement requests.
606	2.  The department may provide any other information deemed
607	necessary, including criminal and corrections records,
608	nonprivileged personnel and treatment records, when available.
609	Section 14.  Paragraph (a) of subsection (4) of section
610	944.607, Florida Statutes, is amended, and paragraph (h) is
611	added to subsection (6) of said section, to read:
612	944.607  Notification to Department of Law Enforcement of
613	information on sexual offenders.--
614	(4)  A sexual offender, as described in this section, who
615	is under the supervision of the Department of Corrections but is
616	not incarcerated must register with the Department of
617	Corrections and provide information as required by this
618	subsection.
619	(a)  The sexual offender shall provide his or her name;
620	date of birth; social security number; race; sex; height;
621	weight; hair and eye color; tattoos or other identifying marks;
622	and permanent or legal residence and address of temporary
623	residence within the state or out of state while the sexual
624	offender is under supervision in this state, including any rural
625	route address or post office box. In addition, any sexual
626	offender sentenced to electronic monitoring provided in s.
627	775.082(3)(a)4.b., s. 947.1406 or s. 948.11(6) must provide that
628	information to the Department of Corrections. The Department of
629	Corrections shall verify the address of each sexual offender in
630	the manner described in ss. 775.21 and 943.0435.
631	(6)  The information provided to the Department of Law
632	Enforcement must include:
633	(h)  Information obtained from the Department of
634	Corrections that a sexual offender has been sentenced to
635	electronic monitoring provided in  s. 775.082(3)(a)4.b., s.
636	947.1406 or s. 948.11(6).
637
638	If any information provided by the department changes during the
639	time the sexual offender is under the department's control,
640	custody, or supervision, including any change in the offender's
641	name by reason of marriage or other legal process, the
642	department shall, in a timely manner, update the information and
643	provide it to the Department of Law Enforcement in the manner
644	prescribed in subsection (2).
645	Section 15.  Paragraph (b) of subsection (7) of section
646	947.1405, Florida Statutes, is amended, paragraph (c) is added
647	to said subsection, subsection (9) is renumbered as subsection
648	(10), and a new subsection (9) is added to said section, to
649	read:
650	947.1405  Conditional release program.--
651	(7)
652	(b)  For a releasee whose crime was committed on or after
653	October 1, 1997, in violation of chapter 794, s. 800.04, s.
654	827.071, or s. 847.0145, and who is subject to conditional
655	release supervision, in addition to any other provision of this
656	section subsection, the commission shall impose the following
657	additional conditions of conditional release supervision:
658	1.  As part of a treatment program, participation in a
659	minimum of one annual polygraph examination to obtain
660	information necessary for risk management and treatment and to
661	reduce the sex offender's denial mechanisms. The polygraph
662	examination must be conducted by a polygrapher trained
663	specifically in the use of the polygraph for the monitoring of
664	sex offenders, where available, and at the expense of the sex
665	offender. The results of the polygraph examination shall not be
666	used as evidence in a hearing to prove that a violation of
667	supervision has occurred.
668	2.  Maintenance of a driving log and a prohibition against
669	driving a motor vehicle alone without the prior approval of the
670	supervising officer.
671	3.  A prohibition against obtaining or using a post office
672	box without the prior approval of the supervising officer.
673	4.  If there was sexual contact, a submission to, at the
674	probationer's or community controllee's expense, an HIV test
675	with the results to be released to the victim or the victim's
676	parent or guardian.
677	5.  Electronic monitoring of any form when ordered by the
678	commission.
679	(c)  Effective for a releasee whose crime was committed on
680	or after September 1, 2005, in violation of chapter 794, s.
681	800.04, s. 827.071, or s. 847.0145, and the unlawful activity
682	involved a victim who was 12 years of age or younger, or for a
683	releasee who is designated as a sexual predator pursuant to s.
684	775.21, in addition to any other provision of this section, the
685	commission must order electronic monitoring for the duration of
686	the releasee's supervision.
687	(9)  For a releasee placed on electronic monitoring under
688	paragraph (7)(c) who the commission determines is in violation
689	of any material condition of supervision, the commission shall
690	order the releasee returned to prison until the expiration of
691	the sentence of imprisonment.
692	Section 16.  Section 947.1406, Florida Statutes, is created
693	to read:
694	947.1406  Electronic monitoring for certain sex offenders
695	and sexual predators.--For any conditional releasee placed on
696	electronic monitoring under s. 947.1405(9), the department shall
697	use a system of active electronic monitoring that identifies the
698	location of a monitored offender and that can produce upon
699	request reports or records of the offender's presence near or
700	within a crime scene or prohibited area or the offender's
701	departure from a specified geographic location.
702	Section 17.  Subsection (8) is added to section 948.06,
703	Florida Statutes, to read:
704	948.06  Violation of probation or community control;
705	revocation; modification; continuance; failure to pay
706	restitution or cost of supervision.--
707	(8)  This subsection shall apply to any probationer or
708	community controllee under supervision for a violation of s.
709	787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s.
710	827.071, or s. 847.0145, or who is designated a sexual predator
711	under s. 775.21, regardless of when his or her crime was
712	committed. In any case, when a violation of supervision is
713	admitted or determined by the court to be proven, and the court
714	returns the violator to probation or community control
715	supervision, the court must, in addition to any other condition
716	of supervision, order electronic monitoring as described in s.
717	948.11(6).
718	Section 18.  Section 948.061, Florida Statutes, is created
719	to read:
720	948.061  Identifying, assessing, and monitoring high-risk
721	sex offenders on community supervision; providing cumulative
722	criminal and supervision histories on the Internet.--
723	(1)  By December 1, 2005, the department shall develop a
724	graduated risk assessment that identifies, assesses, and closely
725	monitors a high-risk sex offender who is placed on probation or
726	in community control and who:
727	(a)  Has previously been placed on probation or in
728	community control and has a history of committing multiple
729	violations of community supervision in this state or in any
730	other jurisdiction or has previously been incarcerated in this
731	state or in any other jurisdiction; and
732	(b)  Has experienced more than one of the following risk
733	factors that could potentially make the offender more likely to
734	pose a danger to others:
735	1.  Previous conviction for domestic violence;
736	2.  History of substance abuse;
737	3.  Unemployment or substantial financial difficulties;
738	4.  Previous conviction for violence or sex acts against
739	children, particularly involving strangers; or
740	5.  Any other risk factor identified by the department.
741	(2)  To facilitate the information available to the court
742	at first appearance hearings and at all subsequent hearings for
743	these high-risk sex offenders, the department shall, no later
744	than March 1, 2006, post on the Florida Department of Law
745	Enforcement's Criminal Justice Intranet a cumulative chronology
746	of the sex offender's prior terms of state probation and
747	community control, including all substantive or technical
748	violations of state probation or community control. The
749	sheriff's office in the county where the arrested person is
750	booked shall insure that state and national criminal history
751	information and all criminal justice information available in
752	the Florida Crime Information Center and the National Crime
753	Information Center is provided to the court at the time of first
754	appearance. The courts shall assist the department's
755	dissemination of critical information by creating and
756	maintaining an automated system to provide the information as
757	specified in this subsection and by providing the necessary
758	technology in the courtroom to deliver the information.
759	(3)  In monitoring the location of high-risk offenders, the
760	department, shall, no later than October 1, 2006, have
761	fingerprint-reading equipment and capability that will
762	immediately identify probationers or community controllees when
763	they reports to their designated probation officers and alert
764	department probation officials when probationers and community
765	controllees are subsequently rearrested.
766	Section 19.  Subsection (6) is added to section 948.11,
767	Florida Statutes, to read:
768	948.11  Electronic monitoring devices.--
769	(6)  For any probationer or community controllee placed on
770	electronic monitoring under s. 948.30(3), the Department of
771	Corrections shall use a system of active electronic monitoring
772	that identifies the location of a monitored offender and that
773	can produce, upon request, reports or records of the offender's
774	presence near or within a crime scene or prohibited area or the
775	offender's departure from a specified geographic location.
776	Section 21.  Paragraph (k) is added to subsection (3) of
777	section 948.15, Florida Statutes, to read:
778	948.15  Misdemeanor probation services.--
779	(3)  Any private entity providing services for the
780	supervision of misdemeanor probationers must contract with the
781	county in which the services are to be rendered. In a county
782	with a population of less than 70,000, the county court judge,
783	or the administrative judge of the county court in a county that
784	has more than one county court judge, must approve the contract.
785	Terms of the contract must state, but are not limited to:
786	(k)  Procedures for accessing criminal history records of
787	probationers.
788
789	In addition, the entity shall supply the chief judge's office
790	with a quarterly report summarizing the number of offenders
791	supervised by the private entity, payment of the required
792	contribution under supervision or rehabilitation, and the number
793	of offenders for whom supervision or rehabilitation will be
794	terminated. All records of the entity must be open to inspection
795	upon the request of the county, the court, the Auditor General,
796	the Office of Program Policy Analysis and Government
797	Accountability, or agents thereof.
798	Section 22.  Subsection (2) of section 948.30, Florida
799	Statutes, is amended, and subsection (3) is added to said
800	section, to read:
801	948.30  Additional terms and conditions of probation or
802	community control for certain sex offenses.--Conditions imposed
803	pursuant to this section do not require oral pronouncement at
804	the time of sentencing and shall be considered standard
805	conditions of probation or community control for offenders
806	specified in this section.
807	(2)  Effective for a probationer or community controllee
808	whose crime was committed on or after October 1, 1997, and who
809	is placed on community control or sex offender probation for a
810	violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
811	in addition to any other provision of this section subsection,
812	the court must impose the following conditions of probation or
813	community control:
814	(a)  As part of a treatment program, participation at least
815	annually in polygraph examinations to obtain information
816	necessary for risk management and treatment and to reduce the
817	sex offender's denial mechanisms. A polygraph examination must
818	be conducted by a polygrapher trained specifically in the use of
819	the polygraph for the monitoring of sex offenders, where
820	available, and shall be paid for by the sex offender. The
821	results of the polygraph examination shall not be used as
822	evidence in court to prove that a violation of community
823	supervision has occurred.
824	(b)  Maintenance of a driving log and a prohibition against
825	driving a motor vehicle alone without the prior approval of the
826	supervising officer.
827	(c)  A prohibition against obtaining or using a post office
828	box without the prior approval of the supervising officer.
829	(d)  If there was sexual contact, a submission to, at the
830	probationer's or community controllee's expense, an HIV test
831	with the results to be released to the victim or the victim's
832	parent or guardian.
833	(e)  Electronic monitoring when deemed necessary by the
834	community control or probation officer and his or her
835	supervisor, and ordered by the court at the recommendation of
836	the Department of Corrections.
837	(3)  Effective for a probationer or community controllee
838	whose crime was committed on or after September 1, 2005, and who
839	is on community control or sex offender probation for a
840	violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
841	or who is designated a sexual predator under s. 775.21, in
842	addition to any other provision of this section, the court shall
843	order electronic monitoring as provided in s. 948.11(6).
844	Section 23.  Subsection (1) of section 1012.465, Florida
845	Statutes, is amended to read:
846	1012.465  Background screening requirements for certain
847	noninstructional school district employees and contractors.--
848	(1)  Noninstructional school district employees or
849	contractual personnel who are permitted access on school grounds
850	when students are present, who have direct contact with
851	students, or who have access to or control of school funds must
852	meet level 2 screening requirements as described in s. 1012.32.
853	Contractual personnel shall include any vendor, individual, or
854	entity under contract with the school board.
855	Section 24.  The Office of Program Policy Analysis and
856	Governmental Accountability shall perform a study of the
857	effectiveness of Florida's sexual predator and sexual offender
858	registration process and community and public notification
859	provisions. As part of determining the effectiveness of the
860	registration process, the OPPAGA shall examine the current
861	practice of Department of Corrections, county probation offices,
862	clerk of courts, court administrators, county jails and booking
863	facilities, Department of Children and Family Services, judges,
864	state attorneys offices, Department of Highway Safety and Motor
865	Vehicles, Department of Law Enforcement, and local law
866	enforcement agencies as it relates to: sharing of offender
867	information regarding registered sexual predators and sexual
868	offenders for purposes of fulfilling the requirements set forth
869	in the registration laws; insuring the most current and
870	comprehensive information is provided in a timely manner to the
871	registry; insuring the effective supervision and subsequent
872	monitoring of sexual predators and offenders; and insuring
873	informed decisions are made at each point of the criminal
874	justice and registration process. In addition to determining the
875	effectiveness of the registration process, the report shall
876	focus on the question of whether the notification provisions are
877	sufficient to apprise communities of the presence of sexual
878	predators and sexual offenders. The report shall examine how
879	local law enforcement agencies collect and disseminate
880	information in an effort to notify the public and communities of
881	the presence of sexual predators and offenders. If the report
882	finds deficiencies in the registration process, the notification
883	provisions, or both, the report shall provide options for
884	correcting those deficiencies and shall include the projected
885	cost of implementing those options. In conducting the study, the
886	Office of Program Policy Analysis and Governmental
887	Accountability shall consult with the Florida Council Against
888	Sexual Violence and the Florida Association for the Treatment of
889	Sexual Abusers in addition to other interested entities that may
890	offer experiences and perspectives unique to this area of
891	research. The report shall be submitted to the President of the
892	Senate and the Speaker of the House of Representatives on three
893	year intervals with the initial report being due on January 1,
894	2006.
895	Section 25.  If any provision of this act or its
896	application to any person or circumstance is held invalid, the
897	invalidity does not affect other provisions or applications of
898	the act that can be given effect without the invalid provision
899	or application, and to this end the provisions of this act are
900	declared severable.
901	Section 26.  This act shall take effect September 1, 2005.

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