Senate Bill sb2278
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Florida Senate - 2006 SB 2278
By Senator Argenziano
3-168D-06
1 A bill to be entitled
2 An act relating to criminal justice; amending
3 s. 921.0022, F.S.; ranking in the offense
4 severity ranking chart of the Criminal
5 Punishment Code several offenses relating to
6 failure by a sexual predator or sexual offender
7 to comply with certain reporting requirements;
8 amending s. 943.04351, F.S.; requiring a search
9 of the National Sex Offender Registry before a
10 person may work or volunteer at a place where
11 children regularly congregate; amending s.
12 948.063, F.S.; requiring that the court order
13 electronic monitoring as a condition of
14 probation or community control following a
15 violation of probation or community control by
16 certain offenders who are designated as sexual
17 offenders or sexual predators; amending s.
18 948.30, F.S.; requiring that the court order
19 mandatory electronic monitoring as a condition
20 of probation or community control supervision
21 for certain sex offenders whose crimes involved
22 young children; amending s. 947.1405, F.S.;
23 expanding the eligibility criteria for the
24 conditional release program; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (g) of subsection (3) of section
30 921.0022, Florida Statutes, is amended to read:
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8
9 (g) LEVEL 7
10 316.027(1)(b) 2nd Accident involving death, failure
11 to stop; leaving scene.
12 316.193(3)(c)2. 3rd DUI resulting in serious bodily
13 injury.
14 316.1935(3)(b) 1st Causing serious bodily injury or
15 death to another person; driving
16 at high speed or with wanton
17 disregard for safety while
18 fleeing or attempting to elude
19 law enforcement officer who is in
20 a patrol vehicle with siren and
21 lights activated.
22 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
23 bodily injury.
24 402.319(2) 2nd Misrepresentation and negligence
25 or intentional act resulting in
26 great bodily harm, permanent
27 disfiguration, permanent
28 disability, or death.
29 409.920(2) 3rd Medicaid provider fraud.
30 456.065(2) 3rd Practicing a health care
31 profession without a license.
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1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
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1 484.013(1)(c) 3rd Preparing or dispensing optical
2 devices without a prescription.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 775.21(6)(g)3. 2nd Sexual predator vacating
24 permanent residence; failure to
25 comply with reporting
26 requirements.
27 775.21(6)(i) 3rd Sexual predator intending to
28 establish residence in another
29 state; failure to comply with
30 reporting requirements.
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1 775.21(6)(j) 2nd Sexual predator remains in state
2 after indicating intent to leave;
3 failure to comply with reporting
4 requirements.
5 775.21(10)(a) 3rd Sexual predator; failure to
6 register; failure to renew
7 driver's license or
8 identification card; other
9 registration violations.
10 775.21(10)(b) 3rd Sexual predator working where
11 children regularly congregate.
12 775.21(10)(g) 3rd Failure to report or providing
13 false information about a sexual
14 predator; harbor or conceal a
15 sexual predator.
16 782.051(3) 2nd Attempted felony murder of a
17 person by a person other than the
18 perpetrator or the perpetrator of
19 an attempted felony.
20 782.07(1) 2nd Killing of a human being by the
21 act, procurement, or culpable
22 negligence of another
23 (manslaughter).
24 782.071 2nd Killing of human being or viable
25 fetus by the operation of a motor
26 vehicle in a reckless manner
27 (vehicular homicide).
28 782.072 2nd Killing of a human being by the
29 operation of a vessel in a
30 reckless manner (vessel
31 homicide).
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1 784.045(1)(a)1. 2nd Aggravated battery; intentionally
2 causing great bodily harm or
3 disfigurement.
4 784.045(1)(a)2. 2nd Aggravated battery; using deadly
5 weapon.
6 784.045(1)(b) 2nd Aggravated battery; perpetrator
7 aware victim pregnant.
8 784.048(4) 3rd Aggravated stalking; violation of
9 injunction or court order.
10 784.048(7) 3rd Aggravated stalking; violation of
11 court order.
12 784.07(2)(d) 1st Aggravated battery on law
13 enforcement officer.
14 784.074(1)(a) 1st Aggravated battery on sexually
15 violent predators facility staff.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 784.083(1) 1st Aggravated battery on code
24 inspector.
25 790.07(4) 1st Specified weapons violation
26 subsequent to previous conviction
27 of s. 790.07(1) or (2).
28 790.16(1) 1st Discharge of a machine gun under
29 specified circumstances.
30 790.165(2) 2nd Manufacture, sell, possess, or
31 deliver hoax bomb.
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1 790.165(3) 2nd Possessing, displaying, or
2 threatening to use any hoax bomb
3 while committing or attempting to
4 commit a felony.
5 790.166(3) 2nd Possessing, selling, using, or
6 attempting to use a hoax weapon
7 of mass destruction.
8 790.166(4) 2nd Possessing, displaying, or
9 threatening to use a hoax weapon
10 of mass destruction while
11 committing or attempting to
12 commit a felony.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
16 victim less than 12 years of age;
17 offender less than 18 years.
18 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 18 years or older.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
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1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.014(2)(b)2. 2nd Property stolen, cargo valued at
6 less than $50,000, grand theft in
7 2nd degree.
8 812.014(2)(b)3. 2nd Property stolen, emergency
9 medical equipment; 2nd degree
10 grand theft.
11 812.0145(2)(a) 1st Theft from person 65 years of age
12 or older; $50,000 or more.
13 812.019(2) 1st Stolen property; initiates,
14 organizes, plans, etc., the theft
15 of property and traffics in
16 stolen property.
17 812.131(2)(a) 2nd Robbery by sudden snatching.
18 812.133(2)(b) 1st Carjacking; no firearm, deadly
19 weapon, or other weapon.
20 817.234(8)(a) 2nd Solicitation of motor vehicle
21 accident victims with intent to
22 defraud.
23 817.234(9) 2nd Organizing, planning, or
24 participating in an intentional
25 motor vehicle collision.
26 817.234(11)(c) 1st Insurance fraud; property value
27 $100,000 or more.
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1 817.2341(2)(b)&
2 (3)(b) 1st Making false entries of material
3 fact or false statements
4 regarding property values
5 relating to the solvency of an
6 insuring entity which are a
7 significant cause of the
8 insolvency of that entity.
9 825.102(3)(b) 2nd Neglecting an elderly person or
10 disabled adult causing great
11 bodily harm, disability, or
12 disfigurement.
13 825.103(2)(b) 2nd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $20,000 or more, but
16 less than $100,000.
17 827.03(3)(b) 2nd Neglect of a child causing great
18 bodily harm, disability, or
19 disfigurement.
20 827.04(3) 3rd Impregnation of a child under 16
21 years of age by person 21 years
22 of age or older.
23 837.05(2) 3rd Giving false information about
24 alleged capital felony to a law
25 enforcement officer.
26 838.015 2nd Bribery.
27 838.016 2nd Unlawful compensation or reward
28 for official behavior.
29 838.021(3)(a) 2nd Unlawful harm to a public
30 servant.
31 838.22 2nd Bid tampering.
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1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 943.0435(4)(c) 2nd Sexual offender vacating
10 permanent residence; failure to
11 comply with reporting
12 requirements.
13 943.0435(7) 3rd Sexual offender intending to
14 establish residence in another
15 state; failure to comply with
16 reporting requirements.
17 943.0435(8) 2nd Sexual offender; remains in state
18 after indicating intent to leave;
19 failure to comply with reporting
20 requirements.
21 943.0435(9)(a) 3rd Sexual offender; failure to
22 comply with reporting
23 requirements.
24 943.0435(13) 3rd Failure to report or providing
25 false information about a sexual
26 offender; harbor or conceal a
27 sexual offender.
28 943.0435(14) 3rd Sexual offender; failure to
29 report and reregister; failure to
30 respond to address verification.
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1 944.607(9) 3rd Sexual offender; failure to
2 comply with reporting
3 requirements.
4 944.607(10)(a) 3rd Sexual offender; failure to
5 submit to the taking of a
6 digitized photograph.
7 944.607(12) 3rd Failure to report or providing
8 false information about a sexual
9 offender; harbor or conceal a
10 sexual offender.
11 944.607(13) 3rd Sexual offender; failure to
12 report and reregister; failure to
13 respond to address verification.
14 Section 2. Section 943.04351, Florida Statutes, is
15 amended to read:
16 943.04351 Search of registration information regarding
17 sexual predators and sexual offenders required prior to
18 appointment or employment.--A state agency or governmental
19 subdivision, prior to making any decision to appoint or employ
20 a person to work, whether for compensation or as a volunteer,
21 at any park, playground, day care center, or other place where
22 children regularly congregate, must conduct a search of that
23 person's name or other identifying information against the
24 registration information regarding sexual predators and sexual
25 offenders maintained by the Department of Law Enforcement
26 under s. 943.043 and against the registration information
27 regarding sex offenders maintained by the Federal Bureau of
28 Investigation in the National Sex Offender Registry. The
29 agency or governmental subdivision may conduct the search
30 using the Internet site maintained by the Department of Law
31 Enforcement. This section does not apply to those positions or
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1 appointments within a state agency or governmental subdivision
2 for which a state and national criminal history background
3 check is conducted.
4 Section 3. Section 948.063, Florida Statutes, is
5 amended to read:
6 948.063 Violations of probation or community control
7 by designated sexual offenders and sexual predators.--If
8 probation or community control for any felony offense is
9 revoked by the court pursuant to s. 948.06(2)(e) and the
10 offender is designated as a sexual offender pursuant to s.
11 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
12 775.21 for unlawful sexual activity involving a victim 15
13 years of age or younger and the offender is 18 years of age or
14 older, and if the court imposes a subsequent term of
15 supervision following the revocation of probation or community
16 control, the court must order electronic monitoring as a
17 condition of the subsequent term of probation or community
18 control.
19 Section 4. Subsection (3) of section 948.30, Florida
20 Statutes, is amended to read:
21 948.30 Additional terms and conditions of probation or
22 community control for certain sex offenses.--Conditions
23 imposed pursuant to this section do not require oral
24 pronouncement at the time of sentencing and shall be
25 considered standard conditions of probation or community
26 control for offenders specified in this section.
27 (3) Effective for a probationer or community
28 controllee whose felony offense crime was committed on or
29 after September 1, 2005, and who:
30 (a) Is placed on probation or community control for a
31 violation of chapter 794, s. 800.04(4), (5), or (6), s.
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1 827.071, or s. 847.0145 and the unlawful sexual activity
2 involved a victim 15 years of age or younger and the offender
3 is 18 years of age or older;
4 (b) Is designated as a sexual predator pursuant to s.
5 775.21; or
6 (c) Has previously been convicted of a violation of
7 chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
8 847.0145 and the unlawful sexual activity involved a victim 15
9 years of age or younger and the offender is 18 years of age or
10 older,
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12 the court must order, in addition to any other provision of
13 this section, mandatory electronic monitoring as a condition
14 of the probation or community control supervision.
15 Section 5. Subsection (2) of section 947.1405, Florida
16 Statutes, is amended to read:
17 947.1405 Conditional release program.--
18 (2) Any inmate who:
19 (a) Is convicted of a crime committed on or after
20 October 1, 1988, and before January 1, 1994, and any inmate
21 who is convicted of a crime committed on or after January 1,
22 1994, which crime is or was contained in category 1, category
23 2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
24 Florida Rules of Criminal Procedure (1993), or is convicted of
25 any offense committed on or after July 1, 2006, under the
26 following statutory provisions:
27 1. Aggravated stalking, under s. 784.048;
28 2. Kidnapping, under s. 787.01;
29 3. False imprisonment, under s. 787.025;
30 4. Luring or enticing a child, under s. 787.025;
31 5. Human trafficking, under s. 787.06;
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1 6. Procuring person under age of 18 for prostitution,
2 under s. 796.03;
3 7. Sexual performance by a child, under s. 827.071;
4 8. Computer pornography, under s. 847.0135;
5 9. Transmission of pornography by electronic device or
6 equipment, under s. 847.0137;
7 10. Transmission to a minor of material harmful to
8 minors by electronic device or equipment, under s. 847.138; or
9 11. Selling or buying of minors, under s. 847.0145,
10
11 and who has served at least one prior felony commitment at a
12 state or federal correctional institution;
13 (b) Is sentenced as a habitual or violent habitual
14 offender or a violent career criminal pursuant to s. 775.084;
15 or
16 (c) Is found to be a sexual predator under s. 775.21
17 or former s. 775.23,
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19 shall, upon reaching the tentative release date or provisional
20 release date, whichever is earlier, as established by the
21 Department of Corrections, be released under supervision
22 subject to specified terms and conditions, including payment
23 of the cost of supervision pursuant to s. 948.09. Such
24 supervision shall be applicable to all sentences within the
25 overall term of sentences if an inmate's overall term of
26 sentences includes one or more sentences that are eligible for
27 conditional release supervision as provided herein. Effective
28 July 1, 1994, and applicable for offenses committed on or
29 after that date, the commission may require, as a condition of
30 conditional release, that the releasee make payment of the
31 debt due and owing to a county or municipal detention facility
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1 under s. 951.032 for medical care, treatment, hospitalization,
2 or transportation received by the releasee while in that
3 detention facility. The commission, in determining whether to
4 order such repayment and the amount of such repayment, shall
5 consider the amount of the debt, whether there was any fault
6 of the institution for the medical expenses incurred, the
7 financial resources of the releasee, the present and potential
8 future financial needs and earning ability of the releasee,
9 and dependents, and other appropriate factors. If any inmate
10 placed on conditional release supervision is also subject to
11 probation or community control, resulting from a probationary
12 or community control split sentence within the overall term of
13 sentences, the Department of Corrections shall supervise such
14 person according to the conditions imposed by the court and
15 the commission shall defer to such supervision. If the court
16 revokes probation or community control and resentences the
17 offender to a term of incarceration, such revocation also
18 constitutes a sufficient basis for the revocation of the
19 conditional release supervision on any nonprobationary or
20 noncommunity control sentence without further hearing by the
21 commission. If any such supervision on any nonprobationary or
22 noncommunity control sentence is revoked, such revocation may
23 result in a forfeiture of all gain-time, and the commission
24 may revoke the resulting deferred conditional release
25 supervision or take other action it considers appropriate. If
26 the term of conditional release supervision exceeds that of
27 the probation or community control, then, upon expiration of
28 the probation or community control, authority for the
29 supervision shall revert to the commission and the supervision
30 shall be subject to the conditions imposed by the commission.
31 A panel of no fewer than two commissioners shall establish the
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1 terms and conditions of any such release. If the offense was a
2 controlled substance violation, the conditions shall include a
3 requirement that the offender submit to random substance abuse
4 testing intermittently throughout the term of conditional
5 release supervision, upon the direction of the correctional
6 probation officer as defined in s. 943.10(3). The commission
7 shall also determine whether the terms and conditions of such
8 release have been violated and whether such violation warrants
9 revocation of the conditional release.
10 Section 6. This act shall take effect July 1, 2006.
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13 SENATE SUMMARY
14 Includes within the Criminal Punishment Code various
offenses involving failure by a sexual predator or sexual
15 offender to register as required. Requires that a search
be performed of the National Sex Offender Registry before
16 a person is allowed to work or volunteer at a place where
children congregate. Requires that the court order
17 electronic monitoring as a condition of probation or
community control following a violation of probation or
18 community control by certain offenders who are designated
as sexual offenders or sexual predators. Requires that
19 the court order mandatory electronic monitoring as a
condition of probation or community control supervision
20 for certain sex offenders whose crimes involved young
children. Revises the eligibility criteria for
21 conditional release.
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