1

A bill to be entitled

2

An act relating to organized criminal activity; amending

3

s. 874.01, F.S.; revising a short title; amending s.

4

874.02, F.S.; revising legislative findings and intent

5

with respect to organized criminal activity; amending s.

6

874.03, F.S.; creating and revising definitions;

7

redefining the term "criminal street gangs" as "organized

8

crime groups"; amending s. 874.04, F.S.; conforming

9

provisions; revising an evidentiary standard for purposes

10

of imposing enhanced penalties; creating s. 874.045, F.S.;

11

providing that ch. 874, F.S., does not preclude arrest and

12

prosecution under other specified provisions; amending s.

13

874.05, F.S.; revising provisions relating to soliciting

14

or causing another to join an organized crime group;

15

amending s. 874.06, F.S.; authorizing the state to bring

16

civil actions for certain violations; providing that a

17

plaintiff, upon prevailing, has a superior claim to

18

property or proceeds; amending s. 874.08, F.S.; conforming

19

provisions; amending s. 874.09, F.S.; providing additional

20

powers for the Department of Law Enforcement and local law

21

enforcement agencies relating to crime data information;

22

creating s. 874.10, F.S.; prohibiting use of electronic

23

communications to further the interests of an organized

24

crime group; providing penalties; creating s. 874.11,

25

F.S.; defining the term "identification document";

26

prohibiting possession of identification documents for

27

specified purposes; providing penalties; creating s.

28

874.12, F.S.; providing for an organized crime prevention

29

and enforcement grant program; creating s. 874.13, F.S.;

30

providing for the suspension of driver's licenses for

31

certain offenses; creating s. 948.033, F.S.; prohibiting

32

certain offenders from communicating with organized crime

33

group members; providing exceptions; amending s. 947.18,

34

F.S.; prohibiting certain parolees from communicating with

35

organized crime group members; providing exceptions;

36

amending s. 947.1405, F.S.; prohibiting certain

37

conditional releasees from communicating with organized

38

crime group members; providing exceptions; amending ss.

39

435.04, 893.138, 895.02, 921.0022, 921.0024, 921.141,

40

984.03, 985.03, 985.047, and 985.433, F.S.; conforming

41

cross-references and terminology to changes made by the

42

act; providing a directive to the Division of Statutory

43

Revision; providing an effective date.

44

45

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

46

47

     Section 1.  Section 874.01, Florida Statutes, is amended to

48

read:

49

     874.01  Short title.--This chapter may be cited as the

50

"Organized Crime Group Criminal Street Gang Prevention Act of

51

1996."

52

     Section 2.  Section 874.02, Florida Statutes, is amended to

53

read:

54

     874.02  Legislative findings and intent.--

55

     (1)  The Legislature finds that it is the right of every

56

person, regardless of race, color, creed, religion, national

57

origin, sex, age, sexual orientation, or handicap, to be secure

58

and protected from fear, intimidation, and physical harm caused

59

by the activities of organized crime groups criminal street gangs

60

and their members. It is not the intent of this chapter to

61

interfere with the exercise of the constitutionally protected

62

rights of freedom of expression and association. The Legislature

63

recognizes the constitutional right of every citizen to harbor

64

and express beliefs on any lawful subject whatsoever, to lawfully

65

associate with others who share similar beliefs, to petition

66

lawfully constituted authority for a redress of perceived

67

grievances, and to participate in the electoral process.

68

     (2)  The Legislature finds, however, that the state is

69

facing a mounting crisis caused by organized crime groups

70

criminal street gangs whose members threaten and terrorize

71

peaceful citizens and commit a multitude of crimes. These

72

organized crime group criminal street gang activities, both

73

individually and collectively, present a clear and present

74

danger. Street gangs, in particular, have evolved into

75

increasingly sophisticated and complex organized crime groups in

76

their criminal tactics, their schemes, and their brutality. The

77

state has a compelling interest in preventing organized crime

78

group criminal street gang activity and halting the real and

79

present danger posed by the proliferation of organized crime

80

groups and the graduation from more primitive forms of criminal

81

organizations to highly sophisticated criminal organizations. For

82

these reasons, and the Legislature finds that the provisions of

83

this chapter act are essential necessary to maintain the public

84

order and safety.

85

     (3) It is the intent of the Legislature to outlaw certain

86

conduct associated with the existence and proliferation of

87

organized criminal activity, provide eradicate the terror created

88

by criminal street gangs and their members by providing enhanced

89

criminal penalties, and eliminate and by eliminating the

90

patterns, profits, proceeds, instrumentalities, and property

91

facilitating organized crime group criminal street gang activity,

92

including organized crime group criminal street gang recruitment.

93

     Section 3.  Section 874.03, Florida Statutes, is amended to

94

read:

95

     874.03  Definitions.--As used in this chapter:

96

     (1) "Electronic communication" has the meaning provided in

97

s. 934.02 and includes, but is not limited to, photographs,

98

video, telephone communications, text messages, facsimile,

99

electronic mail messages as defined in s. 668.602, and instant

100

message real-time communications with other individuals through

101

the Internet or other means.

102

     (2)(1) "Organized crime group Criminal street gang" means a

103

formal or informal ongoing organization, association, or group

104

that has as one of its primary activities the commission of

105

criminal or delinquent acts, and that consists of three or more

106

persons who have a common name or common identifying signs,

107

colors, or symbols and have two or more members who, individually

108

or collectively, engage in or have engaged in a pattern of

109

organized criminal street gang activity, including, but not

110

limited to, organized criminal syndicates, street gangs, and

111

terrorist organizations.

112

     (3)(2) "Organized crime group Criminal street gang member"

113

is a person who is a member of a criminal street gang as defined

114

in subsection (1) and who meets two or more of the following

115

criteria:

116

     (a) Admits to membership in an organized crime group

117

criminal street gang membership.

118

     (b) Is identified as an organized crime group a criminal

119

street gang member by a parent or guardian.

120

     (c) Is identified as an organized crime group a criminal

121

street gang member by a documented reliable informant.

122

     (d) Resides in or frequents a particular organized crime

123

group's criminal street gang's area and adopts their style of

124

dress, their use of hand signs, or their tattoos, and associates

125

with known organized crime group criminal street gang members.

126

     (e) Is identified as an organized crime group a criminal

127

street gang member by an informant of previously untested

128

reliability and such identification is corroborated by

129

independent information.

130

     (f)  Has been arrested more than once in the company of

131

identified organized crime group criminal street gang members for

132

offenses that which are consistent with usual organized crime

133

group criminal street gang activity.

134

     (g) Is identified as an organized crime group a criminal

135

street gang member by physical evidence such as photographs or

136

other documentation.

137

     (h) Has been stopped in the company of known organized

138

crime group criminal street gang members four or more times.

139

     (i) Has authored any communication indicating

140

responsibility for the commission of any crime by the organized

141

crime group.

142

     (4)(3) "Pattern of organized crime group criminal street

143

gang activity" means the commission or attempted commission of,

144

or solicitation or conspiracy to commit, as an organized crime

145

group member, two or more felony or three or more misdemeanor

146

offenses, or one felony and two misdemeanor offenses, or the

147

comparable number of delinquent acts or violations of law that

148

which would be felonies or misdemeanors if committed by an adult,

149

on separate occasions within a 3-year period, excluding any

150

period of incarceration.

151

     (5)(4) For purposes of law enforcement identification and

152

tracking only:

153

     (a) "Organized crime group Criminal street gang associate"

154

means a person who:

155

     1. Admits to associating with an organized crime group

156

criminal street gang association; or

157

     2. Meets any single defining criterion for organized crime

158

group criminal street gang membership described in subsection (3)

159

(2).

160

     (b) "Organized crime-related Gang-related incident" means

161

an incident where that, upon investigation, meets any of the

162

following conditions:

163

     1. The participants are identified as organized crime group

164

criminal street gang members or organized crime group criminal

165

street gang associates, acting, individually or collectively, to

166

further any criminal purpose of the organized crime group gang;

167

or

168

     2. The A reliable informant identifies an incident is

169

identified as organized crime group criminal street gang activity

170

by a reliable informant; or

171

     3. an informant of previously untested reliability who

172

identifies an incident as criminal street gang activity and it is

173

corroborated by independent information.

174

     (6) "Street gang" means a formal or informal ongoing

175

organizational, entity, association, or group consisting of three

176

or more persons having a common name or common identifying signs,

177

colors, or symbols and two or more members who, individually or

178

collectively, have as one of their primary activities the

179

commission of criminal or delinquent acts and engage in or have

180

engaged in a pattern of organized criminal activity.

181

     (7) "Terrorist organization" means any organized crime

182

group engaged in or organized for the purpose of engaging in

183

terrorism as defined in s. 775.30. This definition does not

184

prevent prosecution of individuals acting alone under this

185

chapter.

186

     Section 4.  Section 874.04, Florida Statutes, is amended to

187

read:

188

     874.04 Organized crime group criminal street gang activity;

189

enhanced penalties.--Upon a finding by the court at sentencing

190

that the defendant committed the charged offense for the purpose

191

of benefiting, promoting, or furthering the interests of an

192

organized crime group a criminal street gang, the penalty for any

193

felony or misdemeanor, or any delinquent act or violation of law

194

that which would be a felony or misdemeanor if committed by an

195

adult, may be enhanced. Penalty enhancement affects the

196

applicable statutory maximum penalty only. Each of the findings

197

required as a basis for such sentence shall be found beyond a

198

reasonable doubt by a preponderance of the evidence. The

199

enhancement will be as follows:

200

     (1)(a)  A misdemeanor of the second degree may be punished

201

as if it were a misdemeanor of the first degree.

202

     (b)  A misdemeanor of the first degree may be punished as if

203

it were a felony of the third degree. For purposes of sentencing

204

under chapter 921 and determining incentive gain-time eligibility

205

under chapter 944, such offense is ranked in level 1 of the

206

offense severity ranking chart. The organized crime group

207

criminal street gang multiplier in s. 921.0024 does not apply to

208

misdemeanors enhanced under this paragraph.

209

     (2)(a)  A felony of the third degree may be punished as if

210

it were a felony of the second degree.

211

     (b)  A felony of the second degree may be punished as if it

212

were a felony of the first degree.

213

     (c)  A felony of the first degree may be punished as if it

214

were a life felony.

215

216

For purposes of sentencing under chapter 921 and determining

217

incentive gain-time eligibility under chapter 944, such felony

218

offense is ranked as provided in s. 921.0022 or s. 921.0023, and

219

without regard to the penalty enhancement in this subsection. For

220

purposes of this section, penalty enhancement affects the

221

applicable statutory maximum penalty only.

222

     Section 5.  Section 874.045, Florida Statutes, is created to

223

read:

224

     874.045 Arrest and prosecution under other

225

provisions.--This chapter does not prohibit the arrest and

226

prosecution of an organized crime group member under chapter 876,

227

chapter 895, chapter 896, s. 893.20, or any other applicable

228

provision of law except to the extent otherwise prohibited under

229

a statutory or constitutional provision.

230

     Section 6.  Section 874.05, Florida Statutes, is amended to

231

read:

232

     874.05  Causing, encouraging, soliciting, or recruiting

233

organized crime group criminal street gang membership.--

234

     (1) Except as provided in subsection (2), a person who

235

intentionally causes, encourages, solicits, or recruits another

236

person to become an organized crime group member where join a

237

criminal street gang that requires as a condition of membership

238

or continued membership is the commission of any crime commits a

239

felony of the third degree, punishable as provided in s. 775.082,

240

s. 775.083, or s. 775.084.

241

     (2) A person who commits Upon a second or subsequent

242

violation offense, the person commits a felony of the second

243

degree, punishable as provided in s. 775.082, s. 775.083, or s.

244

775.084.

245

     Section 7.  Section 874.06, Florida Statutes, is amended to

246

read:

247

     874.06  Civil cause of action.--

248

     (1) A person or organization establishing, by clear and

249

convincing evidence, coercion, intimidation, threats, or other

250

harm to that person or organization in violation of this chapter

251

has a civil cause of action for treble damages, an injunction, or

252

any other appropriate relief in law or equity. Upon prevailing,

253

the plaintiff may recover reasonable attorney's fees in the trial

254

and appellate courts and the costs of investigation and

255

litigation, reasonably incurred and costs.

256

     (2) The state, including any of its agencies,

257

instrumentalities, subdivisions, or municipalities, has a civil

258

cause of action against any person or organization if it proves

259

by clear and convincing evidence that it has been injured by

260

reason of a violation of this chapter by the person or

261

organization. The state has a civil cause of action for treble

262

damages, injunctive relief, or any other relief in law or equity

263

which the court deems appropriate. If the state prevails, it may

264

also recover attorney's fees in the trial and appellate courts

265

and the costs of investigation and litigation which are

266

reasonably incurred. The state may not recover punitive damages.

267

The defendant is entitled to recover reasonable attorney's fees

268

and court costs if the court finds that the state raised a claim

269

that was without factual or legal support.

270

     (3) A prevailing plaintiff under subsection (1) has a right

271

or claim that is superior to any right or claim that the state

272

has in the same property or proceeds.

273

     (4) A person who knowingly violates a temporary or

274

permanent order issued under this section commits a misdemeanor

275

of the first degree punishable as provided in s. 775.082 or s.

276

775.083.

277

     Section 8.  Section 874.08, Florida Statutes, is amended to

278

read:

279

     874.08 Organized crime group activity and Profits,

280

proceeds, and instrumentalities of criminal street gangs or

281

criminal street gang recruitment; forfeiture.--All profits,

282

proceeds, and instrumentalities of organized crime group criminal

283

street gang activity and all property used or intended or

284

attempted to be used to facilitate the criminal activity of any

285

organized crime group criminal street gang or of any group

286

criminal street gang member; and all profits, proceeds, and

287

instrumentalities of organized crime group criminal street gang

288

recruitment and all property used or intended or attempted to be

289

used to facilitate organized crime group criminal street gang

290

recruitment are subject to seizure and forfeiture under the

291

Florida Contraband Forfeiture Act, s. 932.704.

292

     Section 9.  Section 874.09, Florida Statutes, is amended to

293

read:

294

     874.09  Crime data information.--

295

     (1) The Department of Law Enforcement may:

296

     (a) Develop and manage a statewide organized crime group

297

criminal street gang database to facilitate the exchange of

298

information pursuant to the intent and purpose of this chapter.

299

     (b) Notify all law enforcement agencies that reports of

300

arrested organized crime group members or associates are entered

301

into the database as soon as the minimum level of data specified

302

by the department is available to the reporting agency and no

303

waiting period for the entry of that data exists.

304

     (c) Compile and retain information regarding organized

305

crime groups and their members and associates in a manner that

306

allows the information to be used by law enforcement agencies and

307

other agencies deemed appropriate for investigative purposes.

308

     (d) Compile and maintain a history data repository relating

309

to organized crime groups and their members and associates in

310

order to develop and improve techniques used by law enforcement

311

agencies and prosecutors in the investigation, apprehension, and

312

prosecution of members and affiliates of organized crime groups.

313

     (2) Local law enforcement agencies may:

314

     (a) After carrying out any arrest of any individual they

315

believe is a member or associate of an organized crime group,

316

create or update that individual's electronic file within the

317

database.

318

     (b) Notify the prosecutor of the accused individual's

319

suspected organized crime group membership or associate status.

320

     Section 10.  Section 874.10, Florida Statutes, is created to

321

read:

322

     874.10 Electronic communication.--Any person who, for the

323

purpose of benefiting, promoting, or furthering the interests of

324

an organized crime group, uses electronic communication to

325

intimidate or harass other persons, or to advertise his or her

326

presence in the community, including, but not limited to, such

327

activities as distributing, selling, transmitting, or posting on

328

the Internet any audio, video, or still image of criminal

329

activity commits a felony of the third degree, punishable as

330

provided in s. 775.082, s. 775.083, or s. 775.084.

331

     Section 11.  Section 874.11, Florida Statutes, is created to

332

read:

333

     874.11 Identification documents; unlawful possession or

334

creation.--

335

     (1) For purposes of this section, the term "identification

336

document" includes, but is not limited to, a social security card

337

or number, a birth certificate, a driver's license, an

338

identification card pursuant to s. 322.051, a naturalization

339

certificate, an alien registration number, a passport, and any

340

access credentials for a publicly operated facility or an

341

infrastructure facility covered under 18 U.S.C. s. 2332f.

342

     (2) Any person possessing or manufacturing any blank,

343

forged, stolen, fictitious, fraudulent, counterfeit, or otherwise

344

unlawfully issued identification document for the purpose of

345

benefiting, promoting, or furthering the interests of an

346

organized crime group commits a felony of the second degree,

347

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

348

     Section 12.  Section 874.12, Florida Statutes, is created to

349

read:

350

     874.12 Grants.--

351

     (1) The Department of Law Enforcement shall administer a

352

grant program to assist local efforts to prevent, detect, and

353

prosecute criminal activity committed by organized criminal

354

street gangs.

355

     (2) Grants shall be awarded to local consortia, which must

356

include the state attorney, local law enforcement agencies, and

357

local crime prevention organizations. Local crime prevention

358

organizations may include, but are not limited to, local juvenile

359

justice boards, local not-for-profit community service

360

organizations, and local school boards. Each consortium must

361

identify a single organization to serve as the primary point of

362

contact between the department and the local consortium.

363

Proposals must include the three components of enhanced law

364

enforcement, prosecution, and prevention in order to be eligible

365

for a grant award. Grants shall be awarded on a competitive basis

366

and shall be subject to a 50-percent local match that may be

367

provided in the form of in-kind services. Proposals shall be

368

evaluated based on the following:

369

     (a) The extent to which the three components of law

370

enforcement, prosecution, and prevention are appropriately

371

balanced and coordinated to reduce street-gang-related activity.

372

     (b) The amount of local match.

373

     (c) The extent to which resources are directed toward

374

neighborhoods or areas that are most at risk of street-gang-

375

related crime.

376

     Section 13.  Section 874.13, Florida Statutes, is created to

377

read:

378

     874.13 Suspension of driver's license.--

379

     (1) As used in this section, the term:

380

     (a) "Department" means the Department of Highway Safety and

381

Motor Vehicles.

382

     (b) "Convicted" means a determination of guilt that is the

383

result of a trial or the entry of a plea of guilty or nolo

384

contendere, regardless of whether adjudication is withheld.

385

     (2) In addition to any other penalty provided by law, the

386

court shall order the suspension of the driver's license of each

387

person convicted or adjudicated delinquent of any offense

388

contained in this chapter and of any person whose penalty has

389

been enhanced under s. 874.04. Upon ordering the suspension of

390

the driver's license, the court shall forward the driver's

391

license to the department in accordance with s. 322.25.

392

     (a) The first suspension of a driver's license under this

393

section shall be for a period of 6 months.

394

     (b) A second or subsequent suspension of a driver's license

395

under this section shall be for 1 year.

396

     (3) A court that suspends a driver's license under

397

subsection (2) shall, if the person is sentenced to a term of

398

incarceration, direct the department to commence the suspension

399

of the person's driver's license upon the person's release from

400

incarceration.

401

     Section 14.  Section 948.033, Florida Statutes, is created

402

to read:

403

     948.033 Condition of probation or community control;

404

organized crime group.--Effective for a probationer or community

405

controllee whose crime was committed on or after July 1, 2008,

406

and who has been found to have committed the crime for the

407

purpose of benefiting, promoting, or furthering the interests of

408

an organized crime group, the court shall, in addition to any

409

other conditions imposed, impose a condition prohibiting the

410

probationer or community controllee from knowingly associating

411

with other organized crime group members or associates, except as

412

authorized by law enforcement officials, prosecutorial

413

authorities, or the court for the purpose of aiding in the

414

investigation of organized crime group activity.

415

     Section 15.  Section 947.18, Florida Statutes, is amended to

416

read:

417

     947.18 Conditions of parole.--A No person may not shall be

418

placed on parole merely as a reward for good conduct or efficient

419

performance of duties assigned in prison. A No person may not

420

shall be placed on parole until and unless the commission finds

421

that there is reasonable probability that, if the person is

422

placed on parole, he or she will live and conduct himself or

423

herself as a respectable and law-abiding person and that the

424

person's release will be compatible with his or her own welfare

425

and the welfare of society. A No person may not shall be placed

426

on parole unless and until the commission is satisfied that he or

427

she will be suitably employed in self-sustaining employment or

428

that he or she will not become a public charge. The commission

429

shall determine the terms upon which the such person shall be

430

granted parole. If the person's conviction was for a controlled

431

substance violation, one of the conditions must be that the

432

person submit to random substance abuse testing intermittently

433

throughout the term of supervision, upon the direction of the

434

correctional probation officer as defined in s. 943.10(3). In

435

addition to any other lawful condition of parole, the commission

436

may make the payment of the debt due and owing to the state under

437

s. 960.17 or the payment of the attorney's fees and costs due and

438

owing to the state under s. 938.29 a condition of parole subject

439

to modification based on change of circumstances. If the person's

440

conviction was for a crime that was found to have been committed

441

for the purpose of benefiting, promoting, or furthering the

442

interests of an organized crime group, one of the conditions must

443

be that the person be prohibited from knowingly associating with

444

other organized crime group members or associates, except as

445

authorized by law enforcement officials, prosecutorial

446

authorities, or the court for the purpose of aiding in the

447

investigation of organized crime group activity.

448

     Section 16.  Subsection (11) is added to section 947.1405,

449

Florida Statutes, to read:

450

     947.1405  Conditional release program.--

451

     (11) Effective for a releasee whose crime was committed on

452

or after July 1, 2008, and who has been found to have committed

453

the crime for the purpose of benefiting, promoting, or furthering

454

the interests of an organized crime group, the commission shall,

455

in addition to any other conditions imposed, impose a condition

456

prohibiting the releasee from knowingly associating with other

457

organized crime group members or associates, except as authorized

458

by law enforcement officials, prosecutorial authorities, or the

459

court for the purpose of aiding in the investigation of organized

460

crime group activity.

461

     Section 17.  Paragraph (nn) of subsection (2) of section

462

435.04, Florida Statutes, is amended to read:

463

     435.04  Level 2 screening standards.--

464

     (2)  The security background investigations under this

465

section must ensure that no persons subject to the provisions of

466

this section have been found guilty of, regardless of

467

adjudication, or entered a plea of nolo contendere or guilty to,

468

any offense prohibited under any of the following provisions of

469

the Florida Statutes or under any similar statute of another

470

jurisdiction:

471

     (nn)  Section 874.05(1), relating to encouraging or

472

recruiting another to join an organized crime group a criminal

473

gang.

474

     Section 18.  Subsection (2) of section 893.138, Florida

475

Statutes, is amended to read:

476

     893.138  Local administrative action to abate drug-related,

477

prostitution-related, or stolen-property-related public nuisances

478

and criminal street gang activity.--

479

     (2)  Any place or premises that has been used:

480

     (a)  On more than two occasions within a 6-month period, as

481

the site of a violation of s. 796.07;

482

     (b)  On more than two occasions within a 6-month period, as

483

the site of the unlawful sale, delivery, manufacture, or

484

cultivation of any controlled substance;

485

     (c)  On one occasion as the site of the unlawful possession

486

of a controlled substance, where such possession constitutes a

487

felony and that has been previously used on more than one

488

occasion as the site of the unlawful sale, delivery, manufacture,

489

or cultivation of any controlled substance;

490

     (d)  By a criminal street gang for the purpose of conducting

491

a pattern of organized crime group criminal street gang activity

492

as defined by s. 874.03; or

493

     (e)  On more than two occasions within a 6-month period, as

494

the site of a violation of s. 812.019 relating to dealing in

495

stolen property

496

497

may be declared to be a public nuisance, and such nuisance may be

498

abated pursuant to the procedures provided in this section.

499

     Section 19.  Paragraph (a) of subsection (1) and subsection

500

(3) of section 895.02, Florida Statutes, are amended to read:

501

     895.02  Definitions.--As used in ss. 895.01-895.08, the

502

term:

503

     (1)  "Racketeering activity" means to commit, to attempt to

504

commit, to conspire to commit, or to solicit, coerce, or

505

intimidate another person to commit:

506

     (a)  Any crime that is chargeable by indictment or

507

information under the following provisions of the Florida

508

Statutes:

509

     1.  Section 210.18, relating to evasion of payment of

510

cigarette taxes.

511

     2.  Section 403.727(3)(b), relating to environmental

512

control.

513

     3.  Section 409.920 or s. 409.9201, relating to Medicaid

514

fraud.

515

     4.  Section 414.39, relating to public assistance fraud.

516

     5.  Section 440.105 or s. 440.106, relating to workers'

517

compensation.

518

     6.  Section 443.071(4), relating to creation of a fictitious

519

employer scheme to commit unemployment compensation fraud.

520

     7.  Section 465.0161, relating to distribution of medicinal

521

drugs without a permit as an Internet pharmacy.

522

     8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and

523

499.0691, relating to crimes involving contraband and adulterated

524

drugs.

525

     9.  Part IV of chapter 501, relating to telemarketing.

526

     10.  Chapter 517, relating to sale of securities and

527

investor protection.

528

     11.  Section 550.235, s. 550.3551, or s. 550.3605, relating

529

to dogracing and horseracing.

530

     12.  Chapter 550, relating to jai alai frontons.

531

     13.  Section 551.109, relating to slot machine gaming.

532

     14.  Chapter 552, relating to the manufacture, distribution,

533

and use of explosives.

534

     15.  Chapter 560, relating to money transmitters, if the

535

violation is punishable as a felony.

536

     16.  Chapter 562, relating to beverage law enforcement.

537

     17.  Section 624.401, relating to transacting insurance

538

without a certificate of authority, s. 624.437(4)(c)1., relating

539

to operating an unauthorized multiple-employer welfare

540

arrangement, or s. 626.902(1)(b), relating to representing or

541

aiding an unauthorized insurer.

542

     18.  Section 655.50, relating to reports of currency

543

transactions, when such violation is punishable as a felony.

544

     19.  Chapter 687, relating to interest and usurious

545

practices.

546

     20.  Section 721.08, s. 721.09, or s. 721.13, relating to

547

real estate timeshare plans.

548

     21.  Chapter 782, relating to homicide.

549

     22.  Chapter 784, relating to assault and battery.

550

     23.  Chapter 787, relating to kidnapping or human

551

trafficking.

552

     24.  Chapter 790, relating to weapons and firearms.

553

     25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.

554

796.05, or s. 796.07, relating to prostitution and sex

555

trafficking.

556

     26.  Chapter 806, relating to arson.

557

     27.  Section 810.02(2)(c), relating to specified burglary of

558

a dwelling or structure.

559

     28.  Chapter 812, relating to theft, robbery, and related

560

crimes.

561

     29.  Chapter 815, relating to computer-related crimes.

562

     30.  Chapter 817, relating to fraudulent practices, false

563

pretenses, fraud generally, and credit card crimes.

564

     31.  Chapter 825, relating to abuse, neglect, or

565

exploitation of an elderly person or disabled adult.

566

     32.  Section 827.071, relating to commercial sexual

567

exploitation of children.

568

     33.  Chapter 831, relating to forgery and counterfeiting.

569

     34.  Chapter 832, relating to issuance of worthless checks

570

and drafts.

571

     35.  Section 836.05, relating to extortion.

572

     36.  Chapter 837, relating to perjury.

573

     37.  Chapter 838, relating to bribery and misuse of public

574

office.

575

     38.  Chapter 843, relating to obstruction of justice.

576

     39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

577

s. 847.07, relating to obscene literature and profanity.

578

     40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

579

849.25, relating to gambling.

580

     41. Chapter 874, relating to organized crime groups

581

criminal street gangs.

582

     42.  Chapter 893, relating to drug abuse prevention and

583

control.

584

     43.  Chapter 896, relating to offenses related to financial

585

transactions.

586

     44.  Sections 914.22 and 914.23, relating to tampering with

587

a witness, victim, or informant, and retaliation against a

588

witness, victim, or informant.

589

     45.  Sections 918.12 and 918.13, relating to tampering with

590

jurors and evidence.

591

     (3)  "Enterprise" means any individual, sole proprietorship,

592

partnership, corporation, business trust, union chartered under

593

the laws of this state, or other legal entity, or any unchartered

594

union, association, or group of individuals associated in fact

595

although not a legal entity; and it includes illicit as well as

596

licit enterprises and governmental, as well as other, entities.

597

An organized crime group A criminal street /gang, as defined in

598

s. 874.03, constitutes an enterprise.

599

     Section 20.  Paragraphs (d) and (e) of subsection (3) of

600

section 921.0022, Florida Statutes, are amended to read:

601

     921.0022  Criminal Punishment Code; offense severity ranking

602

chart.--

603

     (3)  OFFENSE SEVERITY RANKING CHART

604

     (d)  LEVEL 4

605

606

607

608

609

610

611

612

613

614

615

616

617

618

619

620

621

622

623

624

625

626

627

628

629

630

631

632

633

634

635

636

637

638

639

640

641

642

643

644

645

646

647

648

649

650

651

652

653

     (e)  LEVEL 5

654

655

656

657

658

659

660

661

662

663

664

665

666

667

668

669

670

671

672

673

674

675

676

677

678

679

680

681

682

683

684

685

686

687

688

689

690

691

692

693

694

695

696

697

698

Statutes, is amended to read:

699

     921.0024  Criminal Punishment Code; worksheet computations;

700

scoresheets.--

701

     (1)(a)  The Criminal Punishment Code worksheet is used to

702

compute the subtotal and total sentence points as follows:

703

704

FLORIDA CRIMINAL PUNISHMENT CODE

705

WORKSHEET

706

707

OFFENSE SCORE

708

709

Primary Offense

710

711

712

713

714

715

716

717

718

719

720

721

722

723

724

725

Additional Offenses

726

727

728

729

730

731

732

733

734

735

736

737

738

739

740

741

742

Victim Injury

743

744

745

746

747

748

749

750

751

752

753

754

755

Primary Offense + Additional Offenses + Victim Injury =

756

TOTAL OFFENSE SCORE

757

758

PRIOR RECORD SCORE

759

760

Prior Record

761

762

763

764

765

766

767

768

769

770

771

772

773

774

775

776

777

TOTAL OFFENSE SCORE

778

   TOTAL PRIOR RECORD SCORE

779

780

   LEGAL STATUS

781

   COMMUNITY SANCTION VIOLATION

782

   PRIOR SERIOUS FELONY

783

   PRIOR CAPITAL FELONY

784

   FIREARM OR SEMIAUTOMATIC WEAPON

785

SUBTOTAL__________

786

787

   PRISON RELEASEE REOFFENDER (no)(yes)

788

   VIOLENT CAREER CRIMINAL (no)(yes)

789

   HABITUAL VIOLENT OFFENDER (no)(yes)

790

   HABITUAL OFFENDER (no)(yes)

791

   DRUG TRAFFICKER (no)(yes) (x multiplier)

792

   LAW ENF. PROTECT. (no)(yes) (x multiplier)

793

   MOTOR VEHICLE THEFT (no)(yes) (x multiplier)

794

   CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)

795

   DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)

796

(x multiplier)

797

798

TOTAL SENTENCE POINTS__________

799

800

(b)  WORKSHEET KEY:

801

802

Legal status points are assessed when any form of legal status

803

existed at the time the offender committed an offense before the

804

court for sentencing. Four (4) sentence points are assessed for

805

an offender's legal status.

806

807

Community sanction violation points are assessed when a community

808

sanction violation is before the court for sentencing. Six (6)

809

sentence points are assessed for each community sanction

810

violation and each successive community sanction violation,

811

unless any of the following apply:

812

     1.  If the community sanction violation includes a new

813

felony conviction before the sentencing court, twelve (12)

814

community sanction violation points are assessed for the

815

violation, and for each successive community sanction violation

816

involving a new felony conviction.

817

     2.  If the community sanction violation is committed by a

818

violent felony offender of special concern as defined in s.

819

948.06:

820

     a.  Twelve (12) community sanction violation points are

821

assessed for the violation and for each successive violation of

822

felony probation or community control where:

823

     (I)  The violation does not include a new felony conviction;

824

and

825

     (II)  The community sanction violation is not based solely

826

on the probationer or offender's failure to pay costs or fines or

827

make restitution payments.

828

     b.  Twenty-four (24) community sanction violation points are

829

assessed for the violation and for each successive violation of

830

felony probation or community control where the violation

831

includes a new felony conviction.

832

833

Multiple counts of community sanction violations before the

834

sentencing court shall not be a basis for multiplying the

835

assessment of community sanction violation points.

836

837

Prior serious felony points: If the offender has a primary

838

offense or any additional offense ranked in level 8, level 9, or

839

level 10, and one or more prior serious felonies, a single

840

assessment of thirty (30) points shall be added. For purposes of

841

this section, a prior serious felony is an offense in the

842

offender's prior record that is ranked in level 8, level 9, or

843

level 10 under s. 921.0022 or s. 921.0023 and for which the

844

offender is serving a sentence of confinement, supervision, or

845

other sanction or for which the offender's date of release from

846

confinement, supervision, or other sanction, whichever is later,

847

is within 3 years before the date the primary offense or any

848

additional offense was committed.

849

850

Prior capital felony points: If the offender has one or more

851

prior capital felonies in the offender's criminal record, points

852

shall be added to the subtotal sentence points of the offender

853

equal to twice the number of points the offender receives for the

854

primary offense and any additional offense. A prior capital

855

felony in the offender's criminal record is a previous capital

856

felony offense for which the offender has entered a plea of nolo

857

contendere or guilty or has been found guilty; or a felony in

858

another jurisdiction which is a capital felony in that

859

jurisdiction, or would be a capital felony if the offense were

860

committed in this state.

861

862

Possession of a firearm, semiautomatic firearm, or machine gun:

863

If the offender is convicted of committing or attempting to

864

commit any felony other than those enumerated in s. 775.087(2)

865

while having in his or her possession: a firearm as defined in s.

866

790.001(6), an additional eighteen (18) sentence points are

867

assessed; or if the offender is convicted of committing or

868

attempting to commit any felony other than those enumerated in s.

869

775.087(3) while having in his or her possession a semiautomatic

870

firearm as defined in s. 775.087(3) or a machine gun as defined

871

in s. 790.001(9), an additional twenty-five (25) sentence points

872

are assessed.

873

874

Sentencing multipliers:

875

876

Drug trafficking: If the primary offense is drug trafficking

877

under s. 893.135, the subtotal sentence points are multiplied, at

878

the discretion of the court, for a level 7 or level 8 offense, by

879

1.5. The state attorney may move the sentencing court to reduce

880

or suspend the sentence of a person convicted of a level 7 or

881

level 8 offense, if the offender provides substantial assistance

882

as described in s. 893.135(4).

883

884

Law enforcement protection: If the primary offense is a violation

885

of the Law Enforcement Protection Act under s. 775.0823(2), (3),

886

or (4), the subtotal sentence points are multiplied by 2.5. If

887

the primary offense is a violation of s. 775.0823(5), (6), (7),

888

(8), or (9), the subtotal sentence points are multiplied by 2.0.

889

If the primary offense is a violation of s. 784.07(3) or s.

890

775.0875(1), or of the Law Enforcement Protection Act under s.

891

775.0823(10) or (11), the subtotal sentence points are multiplied

892

by 1.5.

893

894

Grand theft of a motor vehicle: If the primary offense is grand

895

theft of the third degree involving a motor vehicle and in the

896

offender's prior record, there are three or more grand thefts of

897

the third degree involving a motor vehicle, the subtotal sentence

898

points are multiplied by 1.5.

899

900

Offense related to an organized crime group a criminal street

901

gang: If the offender is convicted of the primary offense and

902

committed that offense for the purpose of benefiting, promoting,

903

or furthering the interests of an organized criminal group a

904

criminal street gang as prohibited under s. 874.04, the subtotal

905

sentence points are multiplied by 1.5.

906

907

Domestic violence in the presence of a child: If the offender is

908

convicted of the primary offense and the primary offense is a

909

crime of domestic violence, as defined in s. 741.28, which was

910

committed in the presence of a child under 16 years of age who is

911

a family or household member as defined in s. 741.28(3) with the

912

victim or perpetrator, the subtotal sentence points are

913

multiplied by 1.5.

914

     Section 22.  Paragraph (n) of subsection (5) of section

915

921.141, Florida Statutes, is amended to read:

916

     921.141  Sentence of death or life imprisonment for capital

917

felonies; further proceedings to determine sentence.--

918

     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances

919

shall be limited to the following:

920

     (n) The capital felony was committed by an organized crime

921

group a criminal street gang member, as defined in s. 874.03.

922

     Section 23.  Subsection (30) of section 984.03, Florida

923

Statutes, is amended to read:

924

     984.03  Definitions.--When used in this chapter, the term:

925

     (30)  "Juvenile justice continuum" includes, but is not

926

limited to, delinquency prevention programs and services designed

927

for the purpose of preventing or reducing delinquent acts,

928

including criminal activity by organized crime groups youth gangs

929

and juvenile arrests, as well as programs and services targeted

930

at children who have committed delinquent acts, and children who

931

have previously been committed to residential treatment programs

932

for delinquents. The term includes children-in-need-of-services

933

and families-in-need-of-services programs; conditional release;

934

substance abuse and mental health programs; educational and

935

vocational programs; recreational programs; community services

936

programs; community service work programs; and alternative

937

dispute resolution programs serving children at risk of

938

delinquency and their families, whether offered or delivered by

939

state or local governmental entities, public or private for-

940

profit or not-for-profit organizations, or religious or

941

charitable organizations.

942

     Section 24.  Paragraph (c) of subsection (15) and subsection

943

(29) of section 985.03, Florida Statutes, are amended to read:

944

     985.03  Definitions.--As used in this chapter, the term:

945

     (15)

946

     (c)  "Delinquency prevention programs" means programs

947

designed for the purpose of reducing the occurrence of

948

delinquency, including organized crime group youth and street

949

gang activity, and juvenile arrests. The term excludes

950

arbitration, diversionary or mediation programs, and community

951

service work or other treatment available subsequent to a child

952

committing a delinquent act.

953

     (29)  "Juvenile justice continuum" includes, but is not

954

limited to, delinquency prevention programs and services designed

955

for the purpose of preventing or reducing delinquent acts,

956

including criminal activity by organized crime groups youth

957

gangs, and juvenile arrests, as well as programs and services

958

targeted at children who have committed delinquent acts, and

959

children who have previously been committed to residential

960

treatment programs for delinquents. The term includes children-

961

in-need-of-services and families-in-need-of-services programs;

962

conditional release; substance abuse and mental health programs;

963

educational and career programs; recreational programs; community

964

services programs; community service work programs; and

965

alternative dispute resolution programs serving children at risk

966

of delinquency and their families, whether offered or delivered

967

by state or local governmental entities, public or private for-

968

profit or not-for-profit organizations, or religious or

969

charitable organizations.

970

     Section 25.  Paragraph (c) of subsection (1) of section

971

985.047, Florida Statutes, is amended to read:

972

     985.047  Information systems.--

973

     (1)

974

     (c)  As used in this section, "a juvenile who is at risk of

975

becoming a serious habitual juvenile offender" means a juvenile

976

who has been adjudicated delinquent and who meets one or more of

977

the following criteria:

978

     1.  Is arrested for a capital, life, or first degree felony

979

offense or sexual battery.

980

     2.  Has five or more arrests, at least three of which are

981

for felony offenses. Three of such arrests must have occurred

982

within the preceding 12-month period.

983

     3.  Has 10 or more arrests, at least 2 of which are for

984

felony offenses. Three of such arrests must have occurred within

985

the preceding 12-month period.

986

     4.  Has four or more arrests, at least one of which is for a

987

felony offense and occurred within the preceding 12-month period.

988

     5.  Has 10 or more arrests, at least 8 of which are for any

989

of the following offenses:

990

     a.  Petit theft;

991

     b.  Misdemeanor assault;

992

     c.  Possession of a controlled substance;

993

     d.  Weapon or firearm violation; or

994

     e.  Substance abuse.

995

996

Four of such arrests must have occurred within the preceding 12-

997

month period.

998

     6. Meets at least one of the criteria for organized crime

999

group youth and street gang membership.

1000

     Section 26.  Paragraph (a) of subsection (6) and subsection

1001

(7) of section 985.433, Florida Statutes, are amended to read:

1002

     985.433  Disposition hearings in delinquency cases.--When a

1003

child has been found to have committed a delinquent act, the

1004

following procedures shall be applicable to the disposition of

1005

the case:

1006

     (6)  The first determination to be made by the court is a

1007

determination of the suitability or nonsuitability for

1008

adjudication and commitment of the child to the department. This

1009

determination shall include consideration of the recommendations

1010

of the department, which may include a predisposition report. The

1011

predisposition report shall include, whether as part of the

1012

child's multidisciplinary assessment, classification, and

1013

placement process components or separately, evaluation of the

1014

following criteria:

1015

     (a)  The seriousness of the offense to the community. If the

1016

court determines under chapter 874 that the child was a member of

1017

an organized crime group a criminal street gang at the time of

1018

the commission of the offense, the seriousness of the offense to

1019

the community shall be given great weight.

1020

1021

It is the intent of the Legislature that the criteria set forth

1022

in this subsection are general guidelines to be followed at the

1023

discretion of the court and not mandatory requirements of

1024

procedure. It is not the intent of the Legislature to provide for

1025

the appeal of the disposition made under this section.

1026

     (7)  If the court determines that the child should be

1027

adjudicated as having committed a delinquent act and should be

1028

committed to the department, such determination shall be in

1029

writing or on the record of the hearing. The determination shall

1030

include a specific finding of the reasons for the decision to

1031

adjudicate and to commit the child to the department, including

1032

any determination that the child was a member of an organized

1033

crime group a criminal street gang.

1034

     (a)  The juvenile probation officer shall recommend to the

1035

court the most appropriate placement and treatment plan,

1036

specifically identifying the restrictiveness level most

1037

appropriate for the child. If the court has determined that the

1038

child was a member of an organized crime group a criminal street

1039

gang, that determination shall be given great weight in

1040

identifying the most appropriate restrictiveness level for the

1041

child. The court shall consider the department's recommendation

1042

in making its commitment decision.

1043

     (b)  The court shall commit the child to the department at

1044

the restrictiveness level identified or may order placement at a

1045

different restrictiveness level. The court shall state for the

1046

record the reasons that establish by a preponderance of the

1047

evidence why the court is disregarding the assessment of the

1048

child and the restrictiveness level recommended by the

1049

department. Any party may appeal the court's findings resulting

1050

in a modified level of restrictiveness under this paragraph.

1051

     (c)  The court may also require that the child be placed in

1052

a probation program following the child's discharge from

1053

commitment. Community-based sanctions under subsection (8) may be

1054

imposed by the court at the disposition hearing or at any time

1055

prior to the child's release from commitment.

1056

     Section 27. The Division of Statutory Revision is directed

1057

to redesignate the title of chapter 874, Florida Statutes, as

1058

"Organized Criminal Activity Enforcement and Prevention."

1059

     Section 28.  This act shall take effect July 1, 2008.