Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2704
                        Barcode 164840
                            CHAMBER ACTION
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11  The Committee on Judiciary (Geller) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 874.01, Florida Statutes, is
19  amended to read:
20         874.01  Short title.--This chapter may be cited as the
21  "Organized Crime Group Criminal Street Gang Prevention Act of
22  2007 1996."
23         Section 2.  Section 874.02, Florida Statutes, is
24  amended to read:
25         874.02  Legislative findings and intent.--
26         (1)  The Legislature finds that it is the right of
27  every person, regardless of race, color, creed, religion,
28  national origin, sex, age, sexual orientation, or handicap, to
29  be secure and protected from fear, intimidation, and physical
30  harm caused by the activities of organized crime groups
31  criminal street gangs and their members. It is not the intent
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 of this chapter to interfere with the exercise of the 2 constitutionally protected rights of freedom of expression and 3 association. The Legislature recognizes the constitutional 4 right of every citizen to harbor and express beliefs on any 5 lawful subject whatsoever, to lawfully associate with others 6 who share similar beliefs, to petition lawfully constituted 7 authority for a redress of perceived grievances, and to 8 participate in the electoral process. 9 (2) The Legislature finds, however, that the state is 10 facing a mounting crisis caused by organized crime groups 11 criminal street gangs whose members threaten and terrorize 12 peaceful citizens and commit a multitude of crimes. These 13 organized crime group criminal street gang activities, both 14 individually and collectively, present a clear and present 15 danger. Street gangs, in particular, have evolved into 16 increasingly sophisticated and complex organized crime groups 17 in their criminal tactics, their schemes, and their brutality. 18 The state has a compelling interest in preventing organized 19 crime group criminal street gang activity and halting the real 20 and present danger posed by the proliferation of organized 21 crime groups and the graduation from more primitive forms of 22 criminal organizations to highly sophisticated criminal 23 organizations. For these reasons, and the Legislature finds 24 that the provisions of this chapter act are essential 25 necessary to maintain the public order and safety. 26 (3) It is the intent of the Legislature to outlaw 27 certain conduct associated with the existence and 28 proliferation of organized criminal activity, provide 29 eradicate the terror created by criminal street gangs and 30 their members by providing enhanced criminal penalties, and 31 eliminate and by eliminating the patterns, profits, proceeds, 2 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 instrumentalities, and property facilitating organized crime 2 group criminal street gang activity, including organized crime 3 group criminal street gang recruitment. 4 Section 3. Section 874.03, Florida Statutes, is 5 amended to read: 6 874.03 Definitions.--As used in this chapter: 7 (1) "Electronic communication" has the meaning 8 provided in s. 934.02 and includes, but is not limited to, 9 photographs, video, telephone communications, text messages, 10 facsimile, electronic mail messages as defined in s. 668.602, 11 and instant message real-time communications with other 12 individuals through the Internet or other means. 13 (2)(1) "Organized crime group Criminal street gang" 14 means a formal or informal ongoing organization, association, 15 or group that has as one of its primary activities the 16 commission of criminal or delinquent acts, and that consists 17 of three or more persons who have a common name or common 18 identifying signs, colors, or symbols and have two or more 19 members who, individually or collectively, engage in or have 20 engaged in a pattern of organized criminal street gang 21 activity, including, but not limited to, organized criminal 22 syndicates, street gangs, and terrorist organizations. 23 (3)(2) "Organized crime group Criminal street gang 24 member" is a person who is a member of a criminal street gang 25 as defined in subsection (1) and who meets two or more of the 26 following criteria: 27 (a) Admits to organized crime group criminal street 28 gang membership. 29 (b) Is identified as an organized crime group a 30 criminal street gang member by a parent or guardian. 31 (c) Is identified as an organized crime group a 3 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 criminal street gang member by a documented reliable 2 informant. 3 (d) Resides in or frequents a particular organized 4 crime group's criminal street gang's area and adopts their 5 style of dress, their use of hand signs, or their tattoos, and 6 associates with known organized crime group criminal street 7 gang members. 8 (e) Is identified as an organized crime group a 9 criminal street gang member by an informant of previously 10 untested reliability and such identification is corroborated 11 by independent information. 12 (f) Has been arrested more than once in the company of 13 identified organized crime group criminal street gang members 14 for offenses that which are consistent with usual organized 15 crime group criminal street gang activity. 16 (g) Is identified as an organized crime group a 17 criminal street gang member by physical evidence such as 18 photographs or other documentation. 19 (h) Has been stopped in the company of known organized 20 crime group criminal street gang members four or more times. 21 (i) Has authored any communication indicating 22 responsibility for the commission of any crime by the 23 organized crime group. 24 (4)(3) "Pattern of organized crime group criminal 25 street gang activity" means the commission or attempted 26 commission of, or solicitation or conspiracy to commit, as an 27 organized crime group member, two or more felony or three or 28 more misdemeanor offenses, or one felony and two misdemeanor 29 offenses, or the comparable number of delinquent acts or 30 violations of law which would be felonies or misdemeanors if 31 committed by an adult, on separate occasions within a 3-year 4 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 period, excluding any period of incarceration. 2 (5)(4) For purposes of law enforcement identification 3 and tracking only: 4 (a) "Organized crime group Criminal street gang 5 associate" means a person who: 6 1. Admits to organized crime group criminal street 7 gang association; or 8 2. Meets any single defining criterion for organized 9 crime group criminal street gang membership described in 10 subsection (3) (2). 11 (b) "Organized crime-related Gang-related incident" 12 means an incident where that, upon investigation, meets any of 13 the following conditions: 14 1. The participants are identified as organized crime 15 group criminal street gang members or organized crime group 16 criminal street gang associates, acting, individually or 17 collectively, to further any criminal purpose of the organized 18 crime group gang; or 19 2. The A reliable informant identifies an incident is 20 identified as organized crime group criminal street gang 21 activity by a reliable informant; or 22 3. an informant of previously untested reliability who 23 identifies an incident as criminal street gang activity and it 24 is corroborated by independent information. 25 (6) "Street gangs" are formal or informal ongoing 26 organizations, entities, associations, or groups consisting of 27 three or more persons with a common name or common identifying 28 signs, colors, or symbols and two or more members who, 29 individually or collectively, have as one of their primary 30 activities the commission of criminal or delinquent acts and 31 engage in or have engaged in a pattern of organized criminal 5 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 activity. 2 (7) "Terrorist organization" means any organized crime 3 group engaged in or organized for the purpose of engaging in 4 terrorism as defined in s. 775.30. This definition shall not 5 be construed to prevent prosecution of individuals acting 6 alone under this chapter. 7 Section 4. Section 874.04, Florida Statutes, is 8 amended to read: 9 874.04 Organized crime group criminal street gang 10 activity; enhanced penalties.--Upon a finding by the court at 11 sentencing that the defendant committed the charged offense 12 for the purpose of benefiting, promoting, or furthering the 13 interests of an organized crime group a criminal street gang, 14 the penalty for any felony or misdemeanor, or any delinquent 15 act or violation of law which would be a felony or misdemeanor 16 if committed by an adult, may be enhanced. Penalty enhancement 17 affects the applicable statutory maximum penalty only. Each of 18 the findings required as a basis for such sentence shall be 19 found beyond a reasonable doubt by a preponderance of the 20 evidence. The enhancement will be as follows: 21 (1)(a) A misdemeanor of the second degree may be 22 punished as if it were a misdemeanor of the first degree. 23 (b) A misdemeanor of the first degree may be punished 24 as if it were a felony of the third degree. For purposes of 25 sentencing under chapter 921 and determining incentive 26 gain-time eligibility under chapter 944, such offense is 27 ranked in level 1 of the offense severity ranking chart. The 28 organized crime group criminal street gang multiplier in s. 29 921.0024 does not apply to misdemeanors enhanced under this 30 paragraph. 31 (2)(a) A felony of the third degree may be punished as 6 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 if it were a felony of the second degree. 2 (b) A felony of the second degree may be punished as 3 if it were a felony of the first degree. 4 (c) A felony of the first degree may be punished as if 5 it were a life felony. 6 7 For purposes of sentencing under chapter 921 and determining 8 incentive gain-time eligibility under chapter 944, such felony 9 offense is ranked as provided in s. 921.0022 or s. 921.0023, 10 and without regard to the penalty enhancement in this 11 subsection. For purposes of this section, penalty enhancement 12 affects the applicable statutory maximum penalty only. 13 Section 5. Section 874.045, Florida Statutes, is 14 created to read: 15 874.045 Arrest and prosecution under other 16 provisions.--Nothing in this chapter shall prohibit the arrest 17 and prosecution of an organized crime group member under 18 chapter 876, chapter 895, chapter 896, s. 893.20, or any other 19 applicable provision of law except to the extent otherwise 20 prohibited pursuant to a statutory or constitutional 21 provision. 22 Section 6. Section 874.05, Florida Statutes, is 23 amended to read: 24 874.05 Causing, encouraging, soliciting, or recruiting 25 organized crime group criminal street gang membership.-- 26 (1) Except as provided in subsection (2), a person who 27 intentionally causes, encourages, solicits, or recruits 28 another person to become an organized crime group member where 29 join a criminal street gang that requires as a condition of 30 membership or continued membership is the commission of any 31 crime commits a felony of the third degree, punishable as 7 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 provided in s. 775.082, s. 775.083, or s. 775.084. 2 (2) A person who commits Upon a second or subsequent 3 violation offense, the person commits a felony of the second 4 degree, punishable as provided in s. 775.082, s. 775.083, or 5 s. 775.084. 6 Section 7. Section 874.06, Florida Statutes, is 7 amended to read: 8 874.06 Civil cause of action.--A person, municipality, 9 or organization establishing, by clear and convincing 10 evidence, coercion, intimidation, threats, or other harm to 11 that person, municipality, or organization in violation of 12 this chapter has a civil cause of action for treble damages, 13 an injunction, or any other appropriate relief in law or 14 equity. Upon prevailing, the plaintiff may recover reasonable 15 attorney's fees and costs. 16 Section 8. Section 874.08, Florida Statutes, is 17 amended to read: 18 874.08 Organized crime group activity and Profits, 19 proceeds, and instrumentalities of criminal street gangs or 20 criminal street gang recruitment; forfeiture.--All profits, 21 proceeds, and instrumentalities of organized crime group 22 criminal street gang activity and all property used or 23 intended or attempted to be used to facilitate the criminal 24 activity of any organized crime group criminal street gang or 25 of any group criminal street gang member; and all profits, 26 proceeds, and instrumentalities of organized crime group 27 criminal street gang recruitment and all property used or 28 intended or attempted to be used to facilitate organized crime 29 group criminal street gang recruitment are subject to seizure 30 and forfeiture under the Florida Contraband Forfeiture Act, s. 31 932.704. 8 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 Section 9. Section 874.09, Florida Statutes, is 2 amended to read: 3 874.09 Crime data information.-- 4 (1) The Department of Law Enforcement may: 5 (a) Develop and manage a statewide organized crime 6 group criminal street gang database to facilitate the exchange 7 of information pursuant to the intent and purpose of this 8 chapter. 9 (b) Notify all law enforcement agencies that reports 10 of arrested organized crime group members or associates shall 11 be entered into the database as soon as the minimum level of 12 data specified by the department is available to the reporting 13 agency and no waiting period for the entry of that data 14 exists. 15 (c) Compile and retain information regarding organized 16 crime groups and their members and associates in a manner that 17 allows the information to be used by law enforcement and other 18 agencies deemed appropriate for investigative purposes. 19 (d) Compile and maintain a history data repository 20 relating to organized crime groups and their members and 21 associates in order to develop and improve techniques used by 22 law enforcement agencies and prosecutors in the investigation, 23 apprehension, and prosecution of members and affiliates of 24 organized crime groups. 25 (2) Local law enforcement agencies may: 26 (a) After carrying out any arrest of any individual 27 who they believe is a member or associate of an organized 28 crime group, create or update that individual's electronic 29 file within the database. 30 (b) Notify the prosecutor of the accused individual's 31 suspected organized crime group membership or associate 9 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 status. 2 Section 10. Section 874.10, Florida Statutes, is 3 created to read: 4 874.10 Electronic communication.--Any person who, for 5 the purpose of benefiting, promoting, or furthering the 6 interests of an organized crime group, uses electronic 7 communication to intimidate or harass other persons, or to 8 advertise his or her presence in the community, including, but 9 not limited to, such activities as distributing, selling, 10 transmitting, or posting on the Internet any audio, video, or 11 still image of criminal activity commits a felony of the third 12 degree, punishable as provided in s. 775.082, s. 775.083, or 13 s. 775.084. 14 Section 11. Section 874.11, Florida Statutes, is 15 created to read: 16 874.11 Identification documents; unlawful possession 17 or creation.-- 18 (1) For purposes of this section, the term 19 "identification document" includes, but is not limited to, a 20 social security card or number, a birth certificate, a 21 driver's license, an identification card pursuant to s. 22 322.051, a naturalization certificate, an alien registration 23 number, a passport, and any access credentials for a publicly 24 operated facility or an infrastructure facility covered under 25 18 U.S.C. s. 2332f. 26 (2) Any person possessing or manufacturing any blank, 27 forged, stolen, fictitious, fraudulent, counterfeit, or 28 otherwise unlawfully issued identification document for the 29 purpose of benefiting, promoting, or furthering the interests 30 of an organized crime group commits a felony of the second 31 degree, punishable as provided in s. 775.082, s. 775.083, or 10 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 s. 775.084. 2 Section 12. Section 874.12, Florida Statutes, is 3 created to read: 4 874.12 Grants.-- 5 (1) The Department of Law Enforcement shall administer 6 a grant program to assist local efforts to prevent, detect, 7 and prosecute criminal activity committed by organized 8 criminal street gangs. 9 (2) Grants shall be awarded to local consortia which 10 must include the state attorney, local law enforcement, and 11 local crime prevention organizations. Local crime prevention 12 organizations may include, but are not limited to, local 13 juvenile justice boards, local not-for-profit community 14 service organizations, and local school boards. Each 15 consortium must identify a single organization to serve as the 16 primary point of contact between the department and the local 17 consortium. Proposals must include the three components of 18 enhanced law enforcement, prosecution, and prevention in order 19 to be eligible for a grant award. Grants shall be awarded on a 20 competitive basis and shall be subject to a 50-percent local 21 match that may be provided in the form of in-kind services. 22 Proposals shall be evaluated based on the following: 23 (a) The extent to which the three components of law 24 enforcement, prosecution, and prevention are appropriately 25 balanced and coordinated to reduce street-gang-related 26 activity. 27 (b) The amount of local match. 28 (c) The extent to which resources are targeted to 29 neighborhoods or areas that are most at risk of 30 street-gang-related crime. 31 Section 13. Section 874.13, Florida Statutes, is 11 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 created to read: 2 874.13 Suspension of driver's license.-- 3 (1) For purposes of this section: 4 (a) "Department" means the Department of Highway 5 Safety and Motor Vehicles. 6 (b) "Convicted" means a determination of guilt that is 7 the result of a trial or the entry of a plea of guilty or nolo 8 contendere, regardless of whether adjudication is withheld. 9 (2) In addition to any other penalty provided by law, 10 the court shall order the suspension of the driver's license 11 of each person convicted or adjudicated delinquent of any 12 offense contained in this chapter and of any person whose 13 penalty has been enhanced pursuant to s. 874.04. Upon ordering 14 the suspension of the driver's license, the court shall 15 forward the driver's license to the department in accordance 16 with s. 322.25. 17 (a) The first suspension of a driver's license under 18 this section shall be for a period of 6 months. 19 (b) A second or subsequent suspension of a driver's 20 license under this section shall be for 1 year. 21 (3) A court that suspends a driver's license pursuant 22 to subsection (2) shall, if the person is sentenced to a term 23 of incarceration, direct the department to commence the 24 suspension of the person's driver's license upon the person's 25 release from incarceration. 26 Section 14. Section 948.033, Florida Statutes, is 27 created to read: 28 948.033 Condition of probation or community control; 29 organized crime group.--Effective for a probationer or 30 community controllee whose crime was committed on or after 31 July 1, 2007, and who has been found to have committed the 12 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 crime for the purpose of benefiting, promoting, or furthering 2 the interests of an organized crime group, the court shall, in 3 addition to any other conditions imposed, impose a condition 4 prohibiting the probationer or community controllee from 5 knowingly associating with other organized crime group members 6 or associates, except as authorized by law enforcement 7 officials, prosecutorial authorities, or the court, for the 8 purpose of aiding in the investigation of organized crime 9 group activity. 10 Section 15. Section 947.18, Florida Statutes, is 11 amended to read: 12 947.18 Conditions of parole.--No person shall be 13 placed on parole merely as a reward for good conduct or 14 efficient performance of duties assigned in prison. No person 15 shall be placed on parole until and unless the commission 16 finds that there is reasonable probability that, if the person 17 is placed on parole, he or she will live and conduct himself 18 or herself as a respectable and law-abiding person and that 19 the person's release will be compatible with his or her own 20 welfare and the welfare of society. No person shall be placed 21 on parole unless and until the commission is satisfied that he 22 or she will be suitably employed in self-sustaining employment 23 or that he or she will not become a public charge. The 24 commission shall determine the terms upon which such person 25 shall be granted parole. If the person's conviction was for a 26 controlled substance violation, one of the conditions must be 27 that the person submit to random substance abuse testing 28 intermittently throughout the term of supervision, upon the 29 direction of the correctional probation officer as defined in 30 s. 943.10(3). In addition to any other lawful condition of 31 parole, the commission may make the payment of the debt due 13 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 and owing to the state under s. 960.17 or the payment of the 2 attorney's fees and costs due and owing to the state under s. 3 938.29 a condition of parole subject to modification based on 4 change of circumstances. If the person's conviction was for a 5 crime that was found to have been committed for the purpose of 6 benefiting, promoting, or furthering the interests of an 7 organized crime group, one of the conditions must be that the 8 person be prohibited from knowingly associating with other 9 organized crime group members or associates, except as 10 authorized by law enforcement officials, prosecutorial 11 authorities, or the court, for the purpose of aiding in the 12 investigation of organized crime group activity. 13 Section 16. Subsection (11) is added to section 14 947.1405, Florida Statutes, to read: 15 947.1405 Conditional release program.-- 16 (11) Effective for a releasee whose crime was 17 committed on or after July 1, 2007, and who has been found to 18 have committed the crime for the purpose of benefiting, 19 promoting, or furthering the interests of an organized crime 20 group, the commission shall, in addition to any other 21 conditions imposed, impose a condition prohibiting the 22 releasee from knowingly associating with other organized crime 23 group members or associates, except as authorized by law 24 enforcement officials, prosecutorial authorities, or the 25 court, for the purpose of aiding in the investigation of 26 organized crime group activity. 27 Section 17. Paragraph (nn) of subsection (2) of 28 section 435.04, Florida Statutes, is amended to read: 29 435.04 Level 2 screening standards.-- 30 (2) The security background investigations under this 31 section must ensure that no persons subject to the provisions 14 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 of this section have been found guilty of, regardless of 2 adjudication, or entered a plea of nolo contendere or guilty 3 to, any offense prohibited under any of the following 4 provisions of the Florida Statutes or under any similar 5 statute of another jurisdiction: 6 (nn) Section 874.05(1), relating to encouraging or 7 recruiting another to join an organized crime group a criminal 8 gang. 9 Section 18. Paragraph (d) of subsection (2) of section 10 893.138, Florida Statutes, is amended to read: 11 893.138 Local administrative action to abate 12 drug-related, prostitution-related, or stolen-property-related 13 public nuisances and criminal street gang activity.-- 14 (2) Any place or premises that has been used: 15 (d) By a criminal street gang for the purpose of 16 conducting a pattern of organized crime group criminal street 17 gang activity as defined by s. 874.03; or 18 19 may be declared to be a public nuisance, and such nuisance may 20 be abated pursuant to the procedures provided in this section. 21 Section 19. Paragraph (a) of subsection (1) and 22 subsection (3) of section 895.02, Florida Statutes, are 23 amended to read: 24 895.02 Definitions.--As used in ss. 895.01-895.08, the 25 term: 26 (1) "Racketeering activity" means to commit, to 27 attempt to commit, to conspire to commit, or to solicit, 28 coerce, or intimidate another person to commit: 29 (a) Any crime that is chargeable by indictment or 30 information under the following provisions of the Florida 31 Statutes: 15 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 1. Section 210.18, relating to evasion of payment of 2 cigarette taxes. 3 2. Section 403.727(3)(b), relating to environmental 4 control. 5 3. Section 409.920 or s. 409.9201, relating to 6 Medicaid fraud. 7 4. Section 414.39, relating to public assistance 8 fraud. 9 5. Section 440.105 or s. 440.106, relating to workers' 10 compensation. 11 6. Section 443.071(4), relating to creation of a 12 fictitious employer scheme to commit unemployment compensation 13 fraud. 14 7. Section 465.0161, relating to distribution of 15 medicinal drugs without a permit as an Internet pharmacy. 16 8. Sections 499.0051, 499.0052, 499.00535, 499.00545, 17 and 499.0691, relating to crimes involving contraband and 18 adulterated drugs. 19 9. Part IV of chapter 501, relating to telemarketing. 20 10. Chapter 517, relating to sale of securities and 21 investor protection. 22 11. Section 550.235, s. 550.3551, or s. 550.3605, 23 relating to dogracing and horseracing. 24 12. Chapter 550, relating to jai alai frontons. 25 13. Section 551.109, relating to slot machine gaming. 26 14. Chapter 552, relating to the manufacture, 27 distribution, and use of explosives. 28 15. Chapter 560, relating to money transmitters, if 29 the violation is punishable as a felony. 30 16. Chapter 562, relating to beverage law enforcement. 31 17. Section 624.401, relating to transacting insurance 16 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 without a certificate of authority, s. 624.437(4)(c)1., 2 relating to operating an unauthorized multiple-employer 3 welfare arrangement, or s. 626.902(1)(b), relating to 4 representing or aiding an unauthorized insurer. 5 18. Section 655.50, relating to reports of currency 6 transactions, when such violation is punishable as a felony. 7 19. Chapter 687, relating to interest and usurious 8 practices. 9 20. Section 721.08, s. 721.09, or s. 721.13, relating 10 to real estate timeshare plans. 11 21. Chapter 782, relating to homicide. 12 22. Chapter 784, relating to assault and battery. 13 23. Chapter 787, relating to kidnapping or human 14 trafficking. 15 24. Chapter 790, relating to weapons and firearms. 16 25. Section 796.03, s. 796.035, s. 796.04, s. 796.045, 17 s. 796.05, or s. 796.07, relating to prostitution and sex 18 trafficking. 19 26. Chapter 806, relating to arson. 20 27. Section 810.02(2)(c), relating to specified 21 burglary of a dwelling or structure. 22 28. Chapter 812, relating to theft, robbery, and 23 related crimes. 24 29. Chapter 815, relating to computer-related crimes. 25 30. Chapter 817, relating to fraudulent practices, 26 false pretenses, fraud generally, and credit card crimes. 27 31. Chapter 825, relating to abuse, neglect, or 28 exploitation of an elderly person or disabled adult. 29 32. Section 827.071, relating to commercial sexual 30 exploitation of children. 31 33. Chapter 831, relating to forgery and 17 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 counterfeiting. 2 34. Chapter 832, relating to issuance of worthless 3 checks and drafts. 4 35. Section 836.05, relating to extortion. 5 36. Chapter 837, relating to perjury. 6 37. Chapter 838, relating to bribery and misuse of 7 public office. 8 38. Chapter 843, relating to obstruction of justice. 9 39. Section 847.011, s. 847.012, s. 847.013, s. 10 847.06, or s. 847.07, relating to obscene literature and 11 profanity. 12 40. Section 849.09, s. 849.14, s. 849.15, s. 849.23, 13 or s. 849.25, relating to gambling. 14 41. Chapter 874, relating to organized crime groups 15 criminal street gangs. 16 42. Chapter 893, relating to drug abuse prevention and 17 control. 18 43. Chapter 896, relating to offenses related to 19 financial transactions. 20 44. Sections 914.22 and 914.23, relating to tampering 21 with a witness, victim, or informant, and retaliation against 22 a witness, victim, or informant. 23 45. Sections 918.12 and 918.13, relating to tampering 24 with jurors and evidence. 25 (3) "Enterprise" means any individual, sole 26 proprietorship, partnership, corporation, business trust, 27 union chartered under the laws of this state, or other legal 28 entity, or any unchartered union, association, or group of 29 individuals associated in fact although not a legal entity; 30 and it includes illicit as well as licit enterprises and 31 governmental, as well as other, entities. An organized crime 18 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 group A criminal street gang, as defined in s. 874.03, 2 constitutes an enterprise. 3 Section 20. Paragraphs (d) and (e) of subsection (3) 4 of section 921.0022, Florida Statutes, are amended to read: 5 921.0022 Criminal Punishment Code; offense severity 6 ranking chart.-- 7 (3) OFFENSE SEVERITY RANKING CHART 8 Florida Felony Description 9 Statute Degree 10 (d) LEVEL 4 11 316.1935(3)(a) 2nd Driving at high speed or with 12 wanton disregard for safety while 13 fleeing or attempting to elude 14 law enforcement officer who is in 15 a patrol vehicle with siren and 16 lights activated. 17 499.0051(1) 3rd Failure to maintain or deliver 18 pedigree papers. 19 499.0051(2) 3rd Failure to authenticate pedigree 20 papers. 21 499.0051(6) 2nd Sale or delivery, or possession 22 with intent to sell, contraband 23 legend drugs. 24 784.07(2)(b) 3rd Battery of law enforcement 25 officer, firefighter, intake 26 officer, etc. 27 784.074(1)(c) 3rd Battery of sexually violent 28 predators facility staff. 29 784.075 3rd Battery on detention or 30 commitment facility staff. 31 19 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 784.078 3rd Battery of facility employee by 2 throwing, tossing, or expelling 3 certain fluids or materials. 4 784.08(2)(c) 3rd Battery on a person 65 years of 5 age or older. 6 784.081(3) 3rd Battery on specified official or 7 employee. 8 784.082(3) 3rd Battery by detained person on 9 visitor or other detainee. 10 784.083(3) 3rd Battery on code inspector. 11 784.085 3rd Battery of child by throwing, 12 tossing, projecting, or expelling 13 certain fluids or materials. 14 787.03(1) 3rd Interference with custody; 15 wrongly takes minor from 16 appointed guardian. 17 787.04(2) 3rd Take, entice, or remove child 18 beyond state limits with criminal 19 intent pending custody 20 proceedings. 21 787.04(3) 3rd Carrying child beyond state lines 22 with criminal intent to avoid 23 producing child at custody 24 hearing or delivering to 25 designated person. 26 790.115(1) 3rd Exhibiting firearm or weapon 27 within 1,000 feet of a school. 28 790.115(2)(b) 3rd Possessing electric weapon or 29 device, destructive device, or 30 other weapon on school property. 31 20 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 790.115(2)(c) 3rd Possessing firearm on school 2 property. 3 800.04(7)(d) 3rd Lewd or lascivious exhibition; 4 offender less than 18 years. 5 810.02(4)(a) 3rd Burglary, or attempted burglary, 6 of an unoccupied structure; 7 unarmed; no assault or battery. 8 810.02(4)(b) 3rd Burglary, or attempted burglary, 9 of an unoccupied conveyance; 10 unarmed; no assault or battery. 11 810.06 3rd Burglary; possession of tools. 12 810.08(2)(c) 3rd Trespass on property, armed with 13 firearm or dangerous weapon. 14 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 15 or more but less than $20,000. 16 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will, 17 firearm, motor vehicle, 18 livestock, etc. 19 812.0195(2) 3rd Dealing in stolen property by use 20 of the Internet; property stolen 21 $300 or more. 22 817.563(1) 3rd Sell or deliver substance other 23 than controlled substance agreed 24 upon, excluding s. 893.03(5) 25 drugs. 26 817.568(2)(a) 3rd Fraudulent use of personal 27 identification information. 28 817.625(2)(a) 3rd Fraudulent use of scanning device 29 or reencoder. 30 828.125(1) 2nd Kill, maim, or cause great bodily 31 harm or permanent breeding 21 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 disability to any registered 2 horse or cattle. 3 837.02(1) 3rd Perjury in official proceedings. 4 837.021(1) 3rd Make contradictory statements in 5 official proceedings. 6 838.022 3rd Official misconduct. 7 839.13(2)(a) 3rd Falsifying records of an 8 individual in the care and 9 custody of a state agency. 10 839.13(2)(c) 3rd Falsifying records of the 11 Department of Children and Family 12 Services. 13 843.021 3rd Possession of a concealed 14 handcuff key by a person in 15 custody. 16 843.025 3rd Deprive law enforcement, 17 correctional, or correctional 18 probation officer of means of 19 protection or communication. 20 843.15(1)(a) 3rd Failure to appear while on bail 21 for felony (bond estreature or 22 bond jumping). 23 874.05(1) 3rd Encouraging or recruiting another 24 to join an organized crime group 25 a criminal street gang. 26 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 27 893.03(1)(a), (b), or (d), 28 (2)(a), (2)(b), or (2)(c)4. 29 drugs). 30 914.14(2) 3rd Witnesses accepting bribes. 31 22 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 914.22(1) 3rd Force, threaten, etc., witness, 2 victim, or informant. 3 914.23(2) 3rd Retaliation against a witness, 4 victim, or informant, no bodily 5 injury. 6 918.12 3rd Tampering with jurors. 7 934.215 3rd Use of two-way communications 8 device to facilitate commission 9 of a crime. 10 (e) LEVEL 5 11 316.027(1)(a) 3rd Accidents involving personal 12 injuries, failure to stop; 13 leaving scene. 14 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 15 322.34(6) 3rd Careless operation of motor 16 vehicle with suspended license, 17 resulting in death or serious 18 bodily injury. 19 327.30(5) 3rd Vessel accidents involving 20 personal injury; leaving scene. 21 381.0041(11)(b) 3rd Donate blood, plasma, or organs 22 knowing HIV positive. 23 440.10(1)(g) 2nd Failure to obtain workers' 24 compensation coverage. 25 440.105(5) 2nd Unlawful solicitation for the 26 purpose of making workers' 27 compensation claims. 28 440.381(2) 2nd Submission of false, misleading, 29 or incomplete information with 30 the purpose of avoiding or 31 reducing workers' compensation 23 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 premiums. 2 624.401(4)(b)2. 2nd Transacting insurance without a 3 certificate or authority; premium 4 collected $20,000 or more but 5 less than $100,000. 6 626.902(1)(c) 2nd Representing an unauthorized 7 insurer; repeat offender. 8 790.01(2) 3rd Carrying a concealed firearm. 9 790.162 2nd Threat to throw or discharge 10 destructive device. 11 790.163(1) 2nd False report of deadly explosive 12 or weapon of mass destruction. 13 790.221(1) 2nd Possession of short-barreled 14 shotgun or machine gun. 15 790.23 2nd Felons in possession of firearms, 16 ammunition, or electronic weapons 17 or devices. 18 800.04(6)(c) 3rd Lewd or lascivious conduct; 19 offender less than 18 years. 20 800.04(7)(c) 2nd Lewd or lascivious exhibition; 21 offender 18 years or older. 22 806.111(1) 3rd Possess, manufacture, or dispense 23 fire bomb with intent to damage 24 any structure or property. 25 812.0145(2)(b) 2nd Theft from person 65 years of age 26 or older; $10,000 or more but 27 less than $50,000. 28 812.015(8) 3rd Retail theft; property stolen is 29 valued at $300 or more and one or 30 more specified acts. 31 24 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 812.019(1) 2nd Stolen property; dealing in or 2 trafficking in. 3 812.131(2)(b) 3rd Robbery by sudden snatching. 4 812.16(2) 3rd Owning, operating, or conducting 5 a chop shop. 6 817.034(4)(a)2. 2nd Communications fraud, value 7 $20,000 to $50,000. 8 817.234(11)(b) 2nd Insurance fraud; property value 9 $20,000 or more but less than 10 $100,000. 11 817.2341(1), (2)(a) & (3)(a)3rd Filing false financial 12 statements, making false entries 13 of material fact or false 14 statements regarding property 15 values relating to the solvency 16 of an insuring entity. 17 817.568(2)(b) 2nd Fraudulent use of personal 18 identification information; value 19 of benefit, services received, 20 payment avoided, or amount of 21 injury or fraud, $5,000 or more 22 or use of personal identification 23 information of 10 or more 24 individuals. 25 817.625(2)(b) 2nd Second or subsequent fraudulent 26 use of scanning device or 27 reencoder. 28 825.1025(4) 3rd Lewd or lascivious exhibition in 29 the presence of an elderly person 30 or disabled adult. 31 25 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 827.071(4) 2nd Possess with intent to promote 2 any photographic material, motion 3 picture, etc., which includes 4 sexual conduct by a child. 5 827.071(5) 3rd Possess any photographic 6 material, motion picture, etc., 7 which includes sexual conduct by 8 a child. 9 839.13(2)(b) 2nd Falsifying records of an 10 individual in the care and 11 custody of a state agency 12 involving great bodily harm or 13 death. 14 843.01 3rd Resist officer with violence to 15 person; resist arrest with 16 violence. 17 847.0137(2) & (3) 3rd Transmission of pornography by 18 electronic device or equipment. 19 847.0138(2) & (3) 3rd Transmission of material harmful 20 to minors to a minor by 21 electronic device or equipment. 22 874.05(2) 2nd Encouraging or recruiting another 23 to join an organized crime group 24 a criminal street gang; second or 25 subsequent offense. 26 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 27 cocaine (or other s. 28 893.03(1)(a), (1)(b), (1)(d), 29 (2)(a), (2)(b), or (2)(c)4. 30 drugs). 31 26 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 2 cannabis (or other s. 3 893.03(1)(c), (2)(c)1., (2)(c)2., 4 (2)(c)3., (2)(c)5., (2)(c)6., 5 (2)(c)7., (2)(c)8., (2)(c)9., 6 (3), or (4) drugs) within 1,000 7 feet of a child care facility, 8 school, or state, county, or 9 municipal park or publicly owned 10 recreational facility or 11 community center. 12 893.13(1)(d)1. 1st Sell, manufacture, or deliver 13 cocaine (or other s. 14 893.03(1)(a), (1)(b), (1)(d), 15 (2)(a), (2)(b), or (2)(c)4. 16 drugs) within 1,000 feet of 17 university. 18 893.13(1)(e)2. 2nd Sell, manufacture, or deliver 19 cannabis or other drug prohibited 20 under s. 893.03(1)(c), (2)(c)1., 21 (2)(c)2., (2)(c)3., (2)(c)5., 22 (2)(c)6., (2)(c)7., (2)(c)8., 23 (2)(c)9., (3), or (4) within 24 1,000 feet of property used for 25 religious services or a specified 26 business site. 27 893.13(1)(f)1. 1st Sell, manufacture, or deliver 28 cocaine (or other s. 29 893.03(1)(a), (1)(b), (1)(d), or 30 (2)(a), (2)(b), or (2)(c)4. 31 drugs) within 1,000 feet of 27 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 public housing facility. 2 893.13(4)(b) 2nd Deliver to minor cannabis (or 3 other s. 893.03(1)(c), (2)(c)1., 4 (2)(c)2., (2)(c)3., (2)(c)5., 5 (2)(c)6., (2)(c)7., (2)(c)8., 6 (2)(c)9., (3), or (4) drugs). 7 Section 21. Subsection (1) of section 921.0024, 8 Florida Statutes, is amended to read: 9 921.0024 Criminal Punishment Code; worksheet 10 computations; scoresheets.-- 11 (1)(a) The Criminal Punishment Code worksheet is used 12 to compute the subtotal and total sentence points as follows: 13 FLORIDA CRIMINAL PUNISHMENT CODE 14 WORKSHEET 15 OFFENSE SCORE 16 17 Primary Offense 18 19 Primary Offense 20 Level Sentence Points Total 21 .............................................................. 22 Level Sentence Points Total 23 10 116 = _____ 24 9 92 = _____ 25 8 74 = _____ 26 7 56 = _____ 27 6 36 = _____ 28 5 28 = _____ 29 4 22 = _____ 30 3 16 = _____ 31 2 10 = _____ 28 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 1 4 = _____ 2 3 ________ 4 Total 5 Additional Offenses 6 7 Level Sentence Points TotalCounts 8 = 10 58 x_____ _____ 9 = 9 46 x_____ _____ 10 = 8 37 x_____ _____ 11 = 7 28 x_____ _____ 12 = 6 18 x_____ _____ 13 = 5 5.4 x_____ _____ 14 = 4 3.6 x_____ _____ 15 = 3 2.4 x_____ _____ 16 = 2 1.2 x_____ _____ 17 = 1 0.7 x_____ _____ 18 = M 0.2 x_____ _____ 19 20 Total ______ 21 Victim Injury 22 23 Level Sentence Points TotalNumber 24 = 2nd degree 240 x_____ _____ 25 murder- 26 death 27 = Death 120 x_____ _____ 28 = Severe 40 x_____ _____ 29 = Moderate 18 x_____ _____ 30 = Slight 4 x_____ _____ 31 29 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 = Sexual 80 x_____ _____ 2 penetration 3 = Sexual contact 40 x_____ _____ 4 5 Total ______ 6 Primary Offense + Additional Offenses + Victim Injury = 7 TOTAL OFFENSE SCORE 8 9 PRIOR RECORD SCORE 10 Prior Record 11 12 Level Sentence Points TotalNumber 13 = 10 29 x_____ _____ 14 = 9 23 x_____ _____ 15 = 8 19 x_____ _____ 16 = 7 14 x_____ _____ 17 = 6 9 x_____ _____ 18 = 5 3.6 x_____ _____ 19 = 4 2.4 x_____ _____ 20 = 3 1.6 x_____ _____ 21 = 2 0.8 x_____ _____ 22 = 1 0.5 x_____ _____ 23 = M 0.2 x_____ _____ 24 25 Total ______ 26 TOTAL OFFENSE SCORE_______________________________________ 27 TOTAL PRIOR RECORD 28 SCORE_______________________________ 29 30 LEGAL STATUS___________________________________________ 31 COMMUNITY SANCTION 30 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 VIOLATION___________________________ 2 PRIOR SERIOUS 3 FELONY___________________________________ 4 PRIOR CAPITAL 5 FELONY___________________________________ 6 FIREARM OR SEMIAUTOMATIC 7 WEAPON________________________ 8 SUBTOTAL__________ 9 10 PRISON RELEASEE REOFFENDER (no)(yes)__________________ 11 VIOLENT CAREER CRIMINAL (no)(yes)_____________________ 12 HABITUAL VIOLENT OFFENDER (no)(yes)___________________ 13 HABITUAL OFFENDER (no)(yes)___________________________ 14 DRUG TRAFFICKER (no)(yes) (x multiplier)______________ 15 LAW ENF. PROTECT. (no)(yes) (x multiplier)____________ 16 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)__________ 17 ORGANIZED CRIME GROUP CRIMINAL STREET GANG OFFENSE 18 (no)(yes) (x 19 multiplier)___________________________________________ 20 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD 21 (no)(yes) (x 22 multiplier)___________________________________________ 23 TOTAL SENTENCE POINTS___________ 24 (b) WORKSHEET KEY: 25 26 Legal status points are assessed when any form of legal status 27 existed at the time the offender committed an offense before 28 the court for sentencing. Four (4) sentence points are 29 assessed for an offender's legal status. 30 31 Community sanction violation points are assessed when a 31 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 community sanction violation is before the court for 2 sentencing. Six (6) sentence points are assessed for each 3 community sanction violation, and each successive community 4 sanction violation; however, if the community sanction 5 violation includes a new felony conviction before the 6 sentencing court, twelve (12) community sanction violation 7 points are assessed for such violation, and for each 8 successive community sanction violation involving a new felony 9 conviction. Multiple counts of community sanction violations 10 before the sentencing court shall not be a basis for 11 multiplying the assessment of community sanction violation 12 points. 13 14 Prior serious felony points: If the offender has a primary 15 offense or any additional offense ranked in level 8, level 9, 16 or level 10, and one or more prior serious felonies, a single 17 assessment of 30 points shall be added. For purposes of this 18 section, a prior serious felony is an offense in the 19 offender's prior record that is ranked in level 8, level 9, or 20 level 10 under s. 921.0022 or s. 921.0023 and for which the 21 offender is serving a sentence of confinement, supervision, or 22 other sanction or for which the offender's date of release 23 from confinement, supervision, or other sanction, whichever is 24 later, is within 3 years before the date the primary offense 25 or any additional offense was committed. 26 27 Prior capital felony points: If the offender has one or more 28 prior capital felonies in the offender's criminal record, 29 points shall be added to the subtotal sentence points of the 30 offender equal to twice the number of points the offender 31 receives for the primary offense and any additional offense. A 32 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 prior capital felony in the offender's criminal record is a 2 previous capital felony offense for which the offender has 3 entered a plea of nolo contendere or guilty or has been found 4 guilty; or a felony in another jurisdiction which is a capital 5 felony in that jurisdiction, or would be a capital felony if 6 the offense were committed in this state. 7 8 Possession of a firearm, semiautomatic firearm, or machine 9 gun: If the offender is convicted of committing or attempting 10 to commit any felony other than those enumerated in s. 11 775.087(2) while having in his or her possession: a firearm as 12 defined in s. 790.001(6), an additional 18 sentence points are 13 assessed; or if the offender is convicted of committing or 14 attempting to commit any felony other than those enumerated in 15 s. 775.087(3) while having in his or her possession a 16 semiautomatic firearm as defined in s. 775.087(3) or a machine 17 gun as defined in s. 790.001(9), an additional 25 sentence 18 points are assessed. 19 20 Sentencing multipliers: 21 22 Drug trafficking: If the primary offense is drug trafficking 23 under s. 893.135, the subtotal sentence points are multiplied, 24 at the discretion of the court, for a level 7 or level 8 25 offense, by 1.5. The state attorney may move the sentencing 26 court to reduce or suspend the sentence of a person convicted 27 of a level 7 or level 8 offense, if the offender provides 28 substantial assistance as described in s. 893.135(4). 29 30 Law enforcement protection: If the primary offense is a 31 violation of the Law Enforcement Protection Act under s. 33 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 775.0823(2), the subtotal sentence points are multiplied by 2 2.5. If the primary offense is a violation of s. 775.0823(3), 3 (4), (5), (6), (7), or (8), the subtotal sentence points are 4 multiplied by 2.0. If the primary offense is a violation of s. 5 784.07(3) or s. 775.0875(1), or of the Law Enforcement 6 Protection Act under s. 775.0823(9) or (10), the subtotal 7 sentence points are multiplied by 1.5. 8 9 Grand theft of a motor vehicle: If the primary offense is 10 grand theft of the third degree involving a motor vehicle and 11 in the offender's prior record, there are three or more grand 12 thefts of the third degree involving a motor vehicle, the 13 subtotal sentence points are multiplied by 1.5. 14 15 Offense related to an organized crime group a criminal street 16 gang: If the offender is convicted of the primary offense and 17 committed that offense for the purpose of benefiting, 18 promoting, or furthering the interests of an organized crime 19 group a criminal street gang as prohibited under s. 874.04, 20 the subtotal sentence points are multiplied by 1.5. 21 22 Domestic violence in the presence of a child: If the offender 23 is convicted of the primary offense and the primary offense is 24 a crime of domestic violence, as defined in s. 741.28, which 25 was committed in the presence of a child under 16 years of age 26 who is a family or household member as defined in s. 741.28(3) 27 with the victim or perpetrator, the subtotal sentence points 28 are multiplied by 1.5. 29 Section 22. Paragraph (n) of subsection (5) of section 30 921.141, Florida Statutes, is amended to read: 31 921.141 Sentence of death or life imprisonment for 34 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 capital felonies; further proceedings to determine sentence.-- 2 (5) AGGRAVATING CIRCUMSTANCES.--Aggravating 3 circumstances shall be limited to the following: 4 (n) The capital felony was committed by an organized 5 crime group a criminal street gang member, as defined in s. 6 874.03. 7 Section 23. Subsection (30) of section 984.03, Florida 8 Statutes, is amended to read: 9 984.03 Definitions.--When used in this chapter, the 10 term: 11 (30) "Juvenile justice continuum" includes, but is not 12 limited to, delinquency prevention programs and services 13 designed for the purpose of preventing or reducing delinquent 14 acts, including criminal activity by organized crime groups 15 youth gangs and juvenile arrests, as well as programs and 16 services targeted at children who have committed delinquent 17 acts, and children who have previously been committed to 18 residential treatment programs for delinquents. The term 19 includes children-in-need-of-services and 20 families-in-need-of-services programs; conditional release; 21 substance abuse and mental health programs; educational and 22 vocational programs; recreational programs; community services 23 programs; community service work programs; and alternative 24 dispute resolution programs serving children at risk of 25 delinquency and their families, whether offered or delivered 26 by state or local governmental entities, public or private 27 for-profit or not-for-profit organizations, or religious or 28 charitable organizations. 29 Section 24. Paragraph (c) of subsection (15) and 30 subsection (29) of section 985.03, Florida Statutes, are 31 amended to read: 35 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 985.03 Definitions.--As used in this chapter, the 2 term: 3 (15) 4 (c) "Delinquency prevention programs" means programs 5 designed for the purpose of reducing the occurrence of 6 delinquency, including organized crime group youth and street 7 gang activity, and juvenile arrests. The term excludes 8 arbitration, diversionary or mediation programs, and community 9 service work or other treatment available subsequent to a 10 child committing a delinquent act. 11 (29) "Juvenile justice continuum" includes, but is not 12 limited to, delinquency prevention programs and services 13 designed for the purpose of preventing or reducing delinquent 14 acts, including criminal activity by organized crime groups 15 youth gangs, and juvenile arrests, as well as programs and 16 services targeted at children who have committed delinquent 17 acts, and children who have previously been committed to 18 residential treatment programs for delinquents. The term 19 includes children-in-need-of-services and 20 families-in-need-of-services programs; conditional release; 21 substance abuse and mental health programs; educational and 22 career programs; recreational programs; community services 23 programs; community service work programs; and alternative 24 dispute resolution programs serving children at risk of 25 delinquency and their families, whether offered or delivered 26 by state or local governmental entities, public or private 27 for-profit or not-for-profit organizations, or religious or 28 charitable organizations. 29 Section 25. Paragraph (c) of subsection (1) of section 30 985.047, Florida Statutes, is amended to read: 31 985.047 Information systems.-- 36 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 (1) 2 (c) As used in this section, "a juvenile who is at 3 risk of becoming a serious habitual juvenile offender" means a 4 juvenile who has been adjudicated delinquent and who meets one 5 or more of the following criteria: 6 1. Is arrested for a capital, life, or first degree 7 felony offense or sexual battery. 8 2. Has five or more arrests, at least three of which 9 are for felony offenses. Three of such arrests must have 10 occurred within the preceding 12-month period. 11 3. Has 10 or more arrests, at least 2 of which are for 12 felony offenses. Three of such arrests must have occurred 13 within the preceding 12-month period. 14 4. Has four or more arrests, at least one of which is 15 for a felony offense and occurred within the preceding 16 12-month period. 17 5. Has 10 or more arrests, at least 8 of which are for 18 any of the following offenses: 19 a. Petit theft; 20 b. Misdemeanor assault; 21 c. Possession of a controlled substance; 22 d. Weapon or firearm violation; or 23 e. Substance abuse. 24 25 Four of such arrests must have occurred within the preceding 26 12-month period. 27 6. Meets at least one of the criteria for organized 28 crime group youth and street gang membership. 29 Section 26. Paragraph (a) of subsection (6) and 30 subsection (7) of section 985.433, Florida Statutes, are 31 amended to read: 37 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 985.433 Disposition hearings in delinquency 2 cases.--When a child has been found to have committed a 3 delinquent act, the following procedures shall be applicable 4 to the disposition of the case: 5 (6) The first determination to be made by the court is 6 a determination of the suitability or nonsuitability for 7 adjudication and commitment of the child to the department. 8 This determination shall include consideration of the 9 recommendations of the department, which may include a 10 predisposition report. The predisposition report shall 11 include, whether as part of the child's multidisciplinary 12 assessment, classification, and placement process components 13 or separately, evaluation of the following criteria: 14 (a) The seriousness of the offense to the community. 15 If the court determines under chapter 874 that the child was a 16 member of an organized crime group a criminal street gang at 17 the time of the commission of the offense, the seriousness of 18 the offense to the community shall be given great weight. 19 20 It is the intent of the Legislature that the criteria set 21 forth in this subsection are general guidelines to be followed 22 at the discretion of the court and not mandatory requirements 23 of procedure. It is not the intent of the Legislature to 24 provide for the appeal of the disposition made under this 25 section. 26 (7) If the court determines that the child should be 27 adjudicated as having committed a delinquent act and should be 28 committed to the department, such determination shall be in 29 writing or on the record of the hearing. The determination 30 shall include a specific finding of the reasons for the 31 decision to adjudicate and to commit the child to the 38 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 department, including any determination that the child was a 2 member of an organized crime group a criminal street gang. 3 (a) The juvenile probation officer shall recommend to 4 the court the most appropriate placement and treatment plan, 5 specifically identifying the restrictiveness level most 6 appropriate for the child. If the court has determined that 7 the child was a member of an organized crime group a criminal 8 street gang, that determination shall be given great weight in 9 identifying the most appropriate restrictiveness level for the 10 child. The court shall consider the department's 11 recommendation in making its commitment decision. 12 (b) The court shall commit the child to the department 13 at the restrictiveness level identified or may order placement 14 at a different restrictiveness level. The court shall state 15 for the record the reasons that establish by a preponderance 16 of the evidence why the court is disregarding the assessment 17 of the child and the restrictiveness level recommended by the 18 department. Any party may appeal the court's findings 19 resulting in a modified level of restrictiveness under this 20 paragraph. 21 (c) The court may also require that the child be 22 placed in a probation program following the child's discharge 23 from commitment. Community-based sanctions under subsection 24 (8) may be imposed by the court at the disposition hearing or 25 at any time prior to the child's release from commitment. 26 Section 27. The Division of Statutory Revision is 27 directed to redesignate the title of chapter 874, Florida 28 Statutes, as "Organized Criminal Activity Enforcement and 29 Prevention." 30 Section 28. This act shall take effect July 1, 2007. 31 39 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to organized criminal activity; 8 amending s. 874.01, F.S.; revising a short 9 title; amending s. 874.02, F.S.; revising 10 legislative findings and intent; amending s. 11 874.03, F.S.; creating and revising 12 definitions; redefining "criminal street gangs" 13 as "organized crime groups"; amending s. 14 874.04, F.S.; conforming provisions; revising 15 an evidentiary standard; creating s. 874.045, 16 F.S.; providing that chapter 874, F.S., does 17 not preclude arrest and prosecution under other 18 specified provisions; amending s. 874.05, F.S.; 19 revising provisions relating to soliciting or 20 causing another to join an organized crime 21 group; amending s. 874.06, F.S.; permitting 22 municipalities to bring civil actions for 23 certain violations; amending s. 874.08, F.S.; 24 conforming provisions; amending s. 874.09, 25 F.S.; providing additional powers for the 26 Department of Law Enforcement and local law 27 enforcement agencies relating to crime data 28 information; creating s. 874.10, F.S.; 29 prohibiting use of electronic communications to 30 further the interests of an organized crime 31 group; providing penalties; creating s. 874.11, 40 8:06 AM 04/12/07 s2704d-ju31-r3f
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 164840 1 F.S.; defining the term "identification 2 document"; prohibiting possession of 3 identification documents for specified 4 purposes; providing penalties; creating s. 5 874.12, F.S.; providing for an organized crime 6 prevention and enforcement grant program; 7 creating s. 874.13, F.S.; providing for the 8 suspension of driver's licenses for certain 9 offenses; creating s. 948.033, F.S., 10 prohibiting certain offenders from 11 communicating with organized crime group 12 members; providing exceptions; amending s. 13 947.18, F.S.; prohibiting certain parolees from 14 communicating with organized crime group 15 members; providing exceptions; amending s. 16 947.1405, F.S.; prohibiting certain conditional 17 releasees from communicating with organized 18 crime group members; providing exceptions; 19 amending ss. 435.04, 893.138, 895.02, 921.0022, 20 921.0024, 921.141, 984.03, 985.03, 985.047, and 21 985.433, F.S.; conforming cross-references and 22 terminology to changes made by this act; 23 providing a directive to the Division of 24 Statutory Revision; providing an effective 25 date. 26 27 28 29 30 31 41 8:06 AM 04/12/07 s2704d-ju31-r3f