Senate Bill sb0230

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    Florida Senate - 2007                                   SB 230

    By Senator Argenziano





    3-85-07

  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. 943.043, F.S.; requiring that

  9         information on the Internet registry regarding

10         sexual predators and sexual offenders include a

11         link to conviction and case information, if

12         available; requiring the Department of Law

13         Enforcement to include notice to local law

14         enforcement agencies of those sexual predators

15         and sexual offenders who, upon release from

16         state incarceration, have no registration

17         activity or record within an anticipated

18         timeframe; amending s. 943.0435, F.S.;

19         requiring the Department of Law Enforcement to

20         report violations of supervision and arrests

21         related to reregistration requirements for

22         sexual predators and sexual offenders;

23         requiring reporting to the Legislature and

24         Governor; amending s. 943.04351, F.S.;

25         requiring a search of the National Sex Offender

26         Public Registry before a person may work or

27         volunteer at a place where children regularly

28         congregate; amending s. 948.30, F.S.;

29         clarifying provisions requiring that the court

30         order mandatory electronic monitoring as a

31         condition of probation or community control

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    Florida Senate - 2007                                   SB 230
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 1         supervision for certain sex offenders whose

 2         crimes involved young children; amending s.

 3         947.1405, F.S.; expanding the eligibility

 4         criteria for the conditional release program;

 5         requiring the Department of Law Enforcement to

 6         research and report to the Governor and

 7         legislative leadership regarding the

 8         feasibility of establishing mapping capability

 9         to the sexual offender and sexual predator

10         website; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Paragraph (g) of subsection (3) of section

15  921.0022, Florida Statutes, is amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19  

20  Florida           Felony

21  Statute           Degree             Description

22  

23                              (g)  LEVEL 7

24  316.027(1)(b)      1st      Accident involving death, failure

25                              to stop; leaving scene.

26  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

27                              injury.

28  

29  

30  

31  

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 1  316.1935(3)(b)     1st      Causing serious bodily injury or

 2                              death to another person; driving

 3                              at high speed or with wanton

 4                              disregard for safety while

 5                              fleeing or attempting to elude

 6                              law enforcement officer who is in

 7                              a patrol vehicle with siren and

 8                              lights activated.

 9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  456.065(2)         3rd      Practicing a health care

18                              profession without a license.

19  456.065(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

31  

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 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  

30  

31  

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 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  775.21(6)(g)3.     2nd      Sexual predator remaining at

14                              permanent residence after

15                              reporting he or she would or did

16                              vacate; failure to comply with

17                              reporting requirements.

18  775.21(6)(i)       3rd      Sexual predator intending to

19                              establish residence in another

20                              state; failure to comply with

21                              reporting requirements.

22  775.21(6)(j)       2nd      Sexual predator remains in state

23                              after indicating intent to leave;

24                              failure to comply with reporting

25                              requirements.

26  775.21(10)(a)      3rd      Sexual predator; failure to

27                              register; failure to renew

28                              driver's license or

29                              identification card; other

30                              registration violations.

31  

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 1  775.21(10)(b)      3rd      Sexual predator working where

 2                              children regularly congregate.

 3  775.21(10)(g)      3rd      Failure to report or providing

 4                              false information about a sexual

 5                              predator; harbor or conceal a

 6                              sexual predator.

 7  782.051(3)         2nd      Attempted felony murder of a

 8                              person by a person other than the

 9                              perpetrator or the perpetrator of

10                              an attempted felony.

11  782.07(1)          2nd      Killing of a human being by the

12                              act, procurement, or culpable

13                              negligence of another

14                              (manslaughter).

15  782.071            2nd      Killing of human being or viable

16                              fetus by the operation of a motor

17                              vehicle in a reckless manner

18                              (vehicular homicide).

19  782.072            2nd      Killing of a human being by the

20                              operation of a vessel in a

21                              reckless manner (vessel

22                              homicide).

23  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

24                              causing great bodily harm or

25                              disfigurement.

26  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

27                              weapon.

28  784.045(1)(b)      2nd      Aggravated battery; perpetrator

29                              aware victim pregnant.

30  784.048(4)         3rd      Aggravated stalking; violation of

31                              injunction or court order.

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 1  784.048(7)         3rd      Aggravated stalking; violation of

 2                              court order.

 3  784.07(2)(d)       1st      Aggravated battery on law

 4                              enforcement officer.

 5  784.074(1)(a)      1st      Aggravated battery on sexually

 6                              violent predators facility staff.

 7  784.08(2)(a)       1st      Aggravated battery on a person 65

 8                              years of age or older.

 9  784.081(1)         1st      Aggravated battery on specified

10                              official or employee.

11  784.082(1)         1st      Aggravated battery by detained

12                              person on visitor or other

13                              detainee.

14  784.083(1)         1st      Aggravated battery on code

15                              inspector.

16  790.07(4)          1st      Specified weapons violation

17                              subsequent to previous conviction

18                              of s. 790.07(1) or (2).

19  790.16(1)          1st      Discharge of a machine gun under

20                              specified circumstances.

21  790.165(2)         2nd      Manufacture, sell, possess, or

22                              deliver hoax bomb.

23  790.165(3)         2nd      Possessing, displaying, or

24                              threatening to use any hoax bomb

25                              while committing or attempting to

26                              commit a felony.

27  790.166(3)         2nd      Possessing, selling, using, or

28                              attempting to use a hoax weapon

29                              of mass destruction.

30  

31  

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 1  790.166(4)         2nd      Possessing, displaying, or

 2                              threatening to use a hoax weapon

 3                              of mass destruction while

 4                              committing or attempting to

 5                              commit a felony.

 6  796.03             2nd      Procuring any person under 16

 7                              years for prostitution.

 8  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

 9                              victim less than 12 years of age;

10                              offender less than 18 years.

11  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

12                              victim 12 years of age or older

13                              but less than 16 years; offender

14                              18 years or older.

15  806.01(2)          2nd      Maliciously damage structure by

16                              fire or explosive.

17  810.02(3)(a)       2nd      Burglary of occupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(d)       2nd      Burglary of occupied conveyance;

22                              unarmed; no assault or battery.

23  812.014(2)(a)1.    1st      Property stolen, valued at

24                              $100,000 or more or a semitrailer

25                              deployed by a law enforcement

26                              officer; property stolen while

27                              causing other property damage;

28                              1st degree grand theft.

29  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

30                              less than $50,000, grand theft in

31                              2nd degree.

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 1  812.014(2)(b)3.    2nd      Property stolen, emergency

 2                              medical equipment; 2nd degree

 3                              grand theft.

 4  812.0145(2)(a)     1st      Theft from person 65 years of age

 5                              or older; $50,000 or more.

 6  812.019(2)         1st      Stolen property; initiates,

 7                              organizes, plans, etc., the theft

 8                              of property and traffics in

 9                              stolen property.

10  812.131(2)(a)      2nd      Robbery by sudden snatching.

11  812.133(2)(b)      1st      Carjacking; no firearm, deadly

12                              weapon, or other weapon.

13  817.234(8)(a)      2nd      Solicitation of motor vehicle

14                              accident victims with intent to

15                              defraud.

16  817.234(9)         2nd      Organizing, planning, or

17                              participating in an intentional

18                              motor vehicle collision.

19  817.234(11)(c)     1st      Insurance fraud; property value

20                              $100,000 or more.

21  817.2341(2)(b)&

22   (3)(b)            1st      Making false entries of material

23                              fact or false statements

24                              regarding property values

25                              relating to the solvency of an

26                              insuring entity which are a

27                              significant cause of the

28                              insolvency of that entity.

29  

30  

31  

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 1  825.102(3)(b)      2nd      Neglecting an elderly person or

 2                              disabled adult causing great

 3                              bodily harm, disability, or

 4                              disfigurement.

 5  825.103(2)(b)      2nd      Exploiting an elderly person or

 6                              disabled adult and property is

 7                              valued at $20,000 or more, but

 8                              less than $100,000.

 9  827.03(3)(b)       2nd      Neglect of a child causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  827.04(3)          3rd      Impregnation of a child under 16

13                              years of age by person 21 years

14                              of age or older.

15  837.05(2)          3rd      Giving false information about

16                              alleged capital felony to a law

17                              enforcement officer.

18  838.015            2nd      Bribery.

19  838.016            2nd      Unlawful compensation or reward

20                              for official behavior.

21  838.021(3)(a)      2nd      Unlawful harm to a public

22                              servant.

23  838.22             2nd      Bid tampering.

24  847.0135(3)        3rd      Solicitation of a child, via a

25                              computer service, to commit an

26                              unlawful sex act.

27  872.06             2nd      Abuse of a dead human body.

28  

29  

30  

31  

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 1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), (2)(b), or

 5                              (2)(c)4.) within 1,000 feet of a

 6                              child care facility, school, or

 7                              state, county, or municipal park

 8                              or publicly owned recreational

 9                              facility or community center.

10  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

11                              cocaine or other drug prohibited

12                              under s. 893.03(1)(a), (1)(b),

13                              (1)(d), (2)(a), (2)(b), or

14                              (2)(c)4., within 1,000 feet of

15                              property used for religious

16                              services or a specified business

17                              site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), (2)(b), or

21                              (2)(c)4. drugs).

22  893.135(1)(a)1.    1st      Trafficking in cannabis, more

23                              than 25 lbs., less than 2,000

24                              lbs.

25  893.135

26   (1)(b)1.a.        1st      Trafficking in cocaine, more than

27                              28 grams, less than 200 grams.

28  893.135

29   (1)(c)1.a.        1st      Trafficking in illegal drugs,

30                              more than 4 grams, less than 14

31                              grams.

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 1  893.135

 2   (1)(d)1.          1st      Trafficking in phencyclidine,

 3                              more than 28 grams, less than 200

 4                              grams.

 5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 6                              than 200 grams, less than 5

 7                              kilograms.

 8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15  893.135

16   (1)(h)1.a.        1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135

21   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

22                              kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

26                              10 grams or more, less than 200

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31  

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 1  896.104(4)(a)1.    3rd      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions exceeding $300 but

 5                              less than $20,000.

 6  943.0435(4)(c)     2nd      Sexual offender vacating

 7                              permanent residence; failure to

 8                              comply with reporting

 9                              requirements.

10  943.0435(7)        3rd      Sexual offender intending to

11                              establish residence in another

12                              state; failure to comply with

13                              reporting requirements.

14  943.0435(8)        2nd      Sexual offender; remains in state

15                              after indicating intent to leave;

16                              failure to comply with reporting

17                              requirements.

18  943.0435(9)(a)     3rd      Sexual offender; failure to

19                              comply with reporting

20                              requirements.

21  943.0435(13)       3rd      Failure to report or providing

22                              false information about a sexual

23                              offender; harbor or conceal a

24                              sexual offender.

25  943.0435(14)       3rd      Sexual offender; failure to

26                              report and reregister; failure to

27                              respond to address verification.

28  944.607(9)         3rd      Sexual offender; failure to

29                              comply with reporting

30                              requirements.

31  

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 1  944.607(10)(a)     3rd      Sexual offender; failure to

 2                              submit to the taking of a

 3                              digitized photograph.

 4  944.607(12)        3rd      Failure to report or providing

 5                              false information about a sexual

 6                              offender; harbor or conceal a

 7                              sexual offender.

 8  944.607(13)        3rd      Sexual offender; failure to

 9                              report and reregister; failure to

10                              respond to address verification.

11         Section 2.  Subsections (1) and (5) of section 943.043,

12  Florida Statutes, are amended to read:

13         943.043  Toll-free telephone number; Internet

14  notification; sexual predator and sexual offender

15  information.--

16         (1)  The department may notify the public through the

17  Internet of any information regarding sexual predators and

18  sexual offenders which is not confidential and exempt from

19  public disclosure under s. 119.07(1) and s. 24(a), Art. I of

20  the State Constitution. When available from data contained in

21  the registry, information provided on the Internet must

22  include the county where the qualifying sex-related offense

23  occurred, a link to the statutory offense of which the sexual

24  predator or sexual offender was convicted, and the court case

25  number.

26         (5)  In an effort to ensure that sexual predators and

27  sexual offenders who fail to respond to address-verification

28  attempts or who otherwise abscond from registration are

29  located in a timely manner, the department shall share

30  information with local law enforcement agencies. The

31  department shall use analytical resources to assist local law

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 1  enforcement agencies to determine the potential whereabouts of

 2  any sexual predator or sexual offender who fails to respond to

 3  address-verification attempts or who otherwise absconds from

 4  registration. The department shall review and analyze all

 5  available information concerning any such predator or offender

 6  who fails to respond to address-verification attempts or who

 7  otherwise absconds from registration and provide the

 8  information to local law enforcement agencies in order to

 9  assist the agencies in locating and apprehending the sexual

10  predator or sexual offender. Such information must include

11  notice to local law enforcement agencies of those sexual

12  predators and sexual offenders who, upon their release from

13  state incarceration, have no registration activity on record

14  with the department within an anticipated timeframe as

15  specified under the registration requirements in s. 775.21, s.

16  943.0435, or s. 944.607.

17         Section 3.  Subsection (15) is added to section

18  943.0435, Florida Statutes, to read:

19         943.0435  Sexual offenders required to register with

20  the department; penalty.--

21         (15)  The department, using data supplied by the

22  Department of Corrections, the Office of the State Courts

23  Administrator, and clerks of court, shall report violations of

24  supervision and arrests related to the reregistration

25  requirements of sexual predators and sexual offenders as

26  provided in s. 775.21(8)(a), paragraph (14)(a), and s.

27  944.607(13)(a). These reports, to be compiled by the

28  department, must include information concerning compliance

29  with registration laws, arrests of sexual predators and sexual

30  offenders and the subsequent judicial proceedings, and

31  violations of supervision requirements by these offenders

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 1  relating to the referenced statutes or other conditions of

 2  supervision. These reports must also provide summary

 3  descriptions of the sexual predators and sexual offenders who

 4  are arrested or violate probation and summarize information by

 5  county and judicial circuit and statewide. The initial report

 6  shall be made to the President of the Senate, the Speaker of

 7  the House of Representatives, the Office of Program Policy

 8  Analysis and Government Accountability, and the Executive

 9  Office of the Governor on March 1, 2008, for the period from

10  December 1, 2006, through June 30, 2007, and annually

11  thereafter based on information for the preceding fiscal year.

12         Section 4.  Section 943.04351, Florida Statutes, is

13  amended to read:

14         943.04351  Search of registration information regarding

15  sexual predators and sexual offenders required prior to

16  appointment or employment.--A state agency or governmental

17  subdivision, prior to making any decision to appoint or employ

18  a person to work, whether for compensation or as a volunteer,

19  at any park, playground, day care center, or other place where

20  children regularly congregate, must conduct a search of that

21  person's name or other identifying information against the

22  registration information regarding sexual predators and sexual

23  offenders maintained by the Department of Law Enforcement

24  under s. 943.043 and against the registration information

25  regarding sex offenders maintained by the Federal Bureau of

26  Investigation in the National Sex Offender Public Registry.

27  The agency or governmental subdivision may conduct the search

28  using the Internet site maintained by the Department of Law

29  Enforcement. This section does not apply to those positions or

30  appointments within a state agency or governmental subdivision

31  

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 1  for which a state and national criminal history background

 2  check is conducted.

 3         Section 5.  Subsection (3) of section 948.30, Florida

 4  Statutes, is amended to read:

 5         948.30  Additional terms and conditions of probation or

 6  community control for certain sex offenses.--Conditions

 7  imposed pursuant to this section do not require oral

 8  pronouncement at the time of sentencing and shall be

 9  considered standard conditions of probation or community

10  control for offenders specified in this section.

11         (3)  Effective for a probationer or community

12  controllee whose felony offense crime was committed on or

13  after September 1, 2005, and who:

14         (a)  Is placed on probation or community control for a

15  violation of chapter 794, s. 800.04(4), (5), or (6), s.

16  827.071, or s. 847.0145 and the unlawful sexual activity

17  involved a victim 15 years of age or younger and the offender

18  is 18 years of age or older;

19         (b)  Is designated as a sexual predator pursuant to s.

20  775.21; or

21         (c)  Has previously been convicted of a violation of

22  chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.

23  847.0145 and the unlawful sexual activity involved a victim 15

24  years of age or younger and the offender is 18 years of age or

25  older,

26  

27  the court must order, in addition to any other provision of

28  this section, mandatory electronic monitoring as a condition

29  of the probation or community control supervision.

30         Section 6.  Subsection (2) of section 947.1405, Florida

31  Statutes, is amended to read:

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 1         947.1405  Conditional release program.--

 2         (2)  Any inmate who:

 3         (a)  Is convicted of a crime committed on or after

 4  October 1, 1988, and before January 1, 1994, and any inmate

 5  who is convicted of a crime committed on or after January 1,

 6  1994, which crime is or was contained in category 1, category

 7  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,

 8  Florida Rules of Criminal Procedure (1993), or is convicted of

 9  any offense committed on or after July 1, 2007, under the

10  following statutory provisions:

11         1.  Aggravated stalking, under s. 784.048;

12         2.  Kidnapping, under s. 787.01;

13         3.  False imprisonment, under s. 787.02;

14         4.  Luring or enticing a child, under s. 787.025;

15         5.  Human trafficking, under s. 787.06;

16         6.  Procuring person under age of 18 for prostitution,

17  under s. 796.03;

18         7.  Sexual performance by a child, under s. 827.071;

19         8.  Computer pornography, under s. 847.0135;

20         9.  Transmission of pornography by electronic device or

21  equipment, under s. 847.0137;

22         10.  Transmission to a minor of material harmful to

23  minors by electronic device or equipment, under s. 847.138; or

24         11.  Selling or buying of minors, under s. 847.0145,

25  

26  and who has served at least one prior felony commitment at a

27  state or federal correctional institution;

28         (b)  Is sentenced as a habitual or violent habitual

29  offender or a violent career criminal pursuant to s. 775.084;

30  or

31  

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    Florida Senate - 2007                                   SB 230
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 1         (c)  Is found to be a sexual predator under s. 775.21

 2  or former s. 775.23,

 3  

 4  shall, upon reaching the tentative release date or provisional

 5  release date, whichever is earlier, as established by the

 6  Department of Corrections, be released under supervision

 7  subject to specified terms and conditions, including payment

 8  of the cost of supervision pursuant to s. 948.09. Such

 9  supervision shall be applicable to all sentences within the

10  overall term of sentences if an inmate's overall term of

11  sentences includes one or more sentences that are eligible for

12  conditional release supervision as provided herein. Effective

13  July 1, 1994, and applicable for offenses committed on or

14  after that date, the commission may require, as a condition of

15  conditional release, that the releasee make payment of the

16  debt due and owing to a county or municipal detention facility

17  under s. 951.032 for medical care, treatment, hospitalization,

18  or transportation received by the releasee while in that

19  detention facility. The commission, in determining whether to

20  order such repayment and the amount of such repayment, shall

21  consider the amount of the debt, whether there was any fault

22  of the institution for the medical expenses incurred, the

23  financial resources of the releasee, the present and potential

24  future financial needs and earning ability of the releasee,

25  and dependents, and other appropriate factors. If any inmate

26  placed on conditional release supervision is also subject to

27  probation or community control, resulting from a probationary

28  or community control split sentence within the overall term of

29  sentences, the Department of Corrections shall supervise such

30  person according to the conditions imposed by the court and

31  the commission shall defer to such supervision.  If the court

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    Florida Senate - 2007                                   SB 230
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 1  revokes probation or community control and resentences the

 2  offender to a term of incarceration, such revocation also

 3  constitutes a sufficient basis for the revocation of the

 4  conditional release supervision on any nonprobationary or

 5  noncommunity control sentence without further hearing by the

 6  commission.  If any such supervision on any nonprobationary or

 7  noncommunity control sentence is revoked, such revocation may

 8  result in a forfeiture of all gain-time, and the commission

 9  may revoke the resulting deferred conditional release

10  supervision or take other action it considers appropriate. If

11  the term of conditional release supervision exceeds that of

12  the probation or community control, then, upon expiration of

13  the probation or community control, authority for the

14  supervision shall revert to the commission and the supervision

15  shall be subject to the conditions imposed by the commission.

16  A panel of no fewer than two commissioners shall establish the

17  terms and conditions of any such release. If the offense was a

18  controlled substance violation, the conditions shall include a

19  requirement that the offender submit to random substance abuse

20  testing intermittently throughout the term of conditional

21  release supervision, upon the direction of the correctional

22  probation officer as defined in s. 943.10(3). The commission

23  shall also determine whether the terms and conditions of such

24  release have been violated and whether such violation warrants

25  revocation of the conditional release.

26         Section 7.  The Department of Law Enforcement shall

27  determine the feasibility of enhancing the website of

28  information concerning sexual offenders and sexual predators

29  to include a mapping capability that may be used by

30  individuals, local law enforcement agencies, and correctional

31  officials. This mapping capability shall overlay the known

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    Florida Senate - 2007                                   SB 230
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 1  location of each registered sexual offender and sexual

 2  predator and plot its proximity to prohibited sites, such as

 3  day care centers and other places where children regularly

 4  congregate. The department shall assess the extent to which

 5  public safety and public notification can be improved with

 6  such a feature on the state website. The department shall also

 7  project the cost of the enhancement. The department shall

 8  report its findings and cost estimations to the Governor, the

 9  President of the Senate, and the Speaker of the House of

10  Representatives by December 1, 2007.

11         Section 8.  This act shall take effect July 1, 2007.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Ranks in the offense severity ranking chart of the
      Criminal Punishment Code several offenses relating to
16    failure by a sexual predator or sexual offender to comply
      with certain reporting requirements. Requires that
17    information on the Internet registry regarding sexual
      predators and sexual offenders include a link to
18    conviction and case information, if available. Requires
      the Department of Law Enforcement to include notice to
19    local law enforcement agencies of those sexual predators
      and sexual offenders who, upon release from state
20    incarceration, have no registration activity or record
      within an anticipated timeframe. Requires the Department
21    of Law Enforcement to report violations of supervision
      and arrests related to reregistration requirements for
22    sexual predators and sexual offenders. Requires reporting
      to the Legislature and Governor. Requires a search of the
23    National Sex Offender Public Registry before a person may
      work or volunteer at a place where children regularly
24    congregate. Requires that the court order mandatory
      electronic monitoring as a condition of probation or
25    community control supervision for certain sex offenders
      whose crimes involved young children. Expands the
26    eligibility criteria for the conditional release program.
      Requires the Department of Law Enforcement to research
27    and report to the Governor and legislative leadership
      regarding the feasibility of establishing mapping
28    capability to the sexual offender and predator website.

29  

30  

31  

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