HB 43

1	A bill to be entitled
2	An act relating to criminal activity; creating s. 790.231,
3	F.S.; prohibiting possession of bulletproof vests by
4	certain individuals; providing penalties; amending s.
5	823.05, F.S.; revising provisions relating to the
6	enjoining of public nuisances to include certain places
7	frequented by members of criminal gangs; amending s.
8	874.01, F.S.; revising a short title; amending s. 874.02,
9	F.S.; revising legislative findings and intent; amending
10	s. 874.03, F.S.; creating and revising definitions;
11	redefining "criminal street gangs" as "criminal gangs";
12	amending s. 874.04, F.S.; conforming provisions; revising
13	an evidentiary standard; creating s. 874.045, F.S.;
14	providing that chapter 874, F.S., does not preclude arrest
15	and prosecution under other specified provisions; amending
16	s. 874.05, F.S.; revising provisions relating to
17	soliciting or causing another to join a criminal gang;
18	amending s. 874.06, F.S.; authorizing the state to bring
19	civil actions for certain violations; providing that a
20	plaintiff has a superior claim to property or proceeds;
21	providing penalties for knowing violation of certain
22	orders; amending s. 874.08, F.S.; conforming provisions
23	relating to forfeiture; amending s. 874.09, F.S.;
24	providing additional powers for the Department of Law
25	Enforcement and local law enforcement agencies relating to
26	crime data information; creating s. 874.10, F.S.;
27	prohibiting use of electronic communications to further
28	the interests of a criminal gang; providing penalties;
29	creating s. 874.11, F.S.; defining the term
30	"identification document"; prohibiting possession of
31	identification documents for specified purposes; providing
32	penalties; creating s. 874.13, F.S.; providing for the
33	suspension of driver's licenses for certain offenses;
34	amending s. 943.031, F.S.; revising provisions relating to
35	the Florida Violent Crime and Drug Control Council;
36	providing duties concerning criminal gangs; creating the
37	Drug Control Strategy and Criminal Gangs Committee;
38	providing for duties of the committee concerning funding
39	of certain programs; providing for reports; creating s.
40	948.033, F.S., prohibiting certain offenders from
41	communicating with criminal gang members; providing
42	exceptions; amending s. 947.18, F.S.; prohibiting certain
43	parolees from communicating with criminal gang members;
44	providing exceptions; amending s. 947.1405, F.S.;
45	prohibiting certain conditional releasees from
46	communicating with criminal gang members; providing
47	exceptions; amending ss. 893.138, 895.02, 921.0022,
48	921.0024, 921.141, 984.03, 985.03, 985.047, and 985.433,
49	F.S.; conforming cross-references and terminology to
50	changes made by this act; providing a directive to the
51	Division of Statutory Revision; providing an effective
52	date.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Section 790.231, Florida Statutes, is created
57	to read:
58	790.231  Felons and delinquents; possession of bulletproof
59	vests.--
60	(1)  It is unlawful for any person to possess a bulletproof
61	vest, as defined in s. 775.0846, if he or she has been:
62	(a)  Convicted of a felony in the courts of this state;
63	(b)  Found, in the courts of this state, to have committed
64	a delinquent act that would be a felony if committed by an adult
65	and such person is under 24 years of age;
66	(c)  Convicted of or found to have committed a crime
67	against the United States which is designated as a felony;
68	(d)  Found to have committed a delinquent act in another
69	state, territory, or country that would be a felony if committed
70	by an adult and which was punishable by imprisonment for a term
71	exceeding 1 year and such person is under 24 years of age; or
72	(e)  Convicted of or found to have committed an offense
73	that is a felony in another state, territory, or country and
74	which was punishable by imprisonment for a term exceeding 1
75	year.
76	(2)  This section shall not apply to a person convicted of
77	a felony whose civil rights and firearm authority have been
78	restored.
79	(3)  Any person who violates this section commits a felony
80	of the third degree, punishable as provided in s. 775.082, s.
81	775.083, or s. 775.084.
82	Section 2.  Section 823.05, Florida Statutes, is amended to
83	read:
84	823.05  Places declared a nuisance; may be abated and
85	enjoined.--Whoever shall erect, establish, continue, or
86	maintain, own or lease any building, booth, tent or place which
87	tends to annoy the community or injure the health of the
88	community, or become manifestly injurious to the morals or
89	manners of the people as described in s. 823.01, or shall be
90	frequented by persons who are involved in criminal gangs as
91	described in s. 874.03 the class of persons mentioned in s.
92	856.02, or any house or place of prostitution, assignation,
93	lewdness or place or building where games of chance are engaged
94	in violation of law or any place where any law of the state is
95	violated, shall be deemed guilty of maintaining a nuisance, and
96	the building, erection, place, tent or booth and the furniture,
97	fixtures and contents are declared a nuisance. All such places
98	or persons shall be abated or enjoined as provided in ss. 60.05
99	and 60.06.
100	Section 3.  Section 874.01, Florida Statutes, is amended to
101	read:
102	874.01  Short title.--This chapter may be cited as the
103	"Criminal Street Gang Prevention Act of 1996."
104	Section 4.  Section 874.02, Florida Statutes, is amended to
105	read:
106	874.02  Legislative findings and intent.--
107	(1)  The Legislature finds that it is the right of every
108	person, regardless of race, color, creed, religion, national
109	origin, sex, age, sexual orientation, or handicap, to be secure
110	and protected from fear, intimidation, and physical harm caused
111	by the activities of criminal street gangs and their members. It
112	is not the intent of this chapter to interfere with the exercise
113	of the constitutionally protected rights of freedom of
114	expression and association. The Legislature recognizes the
115	constitutional right of every citizen to harbor and express
116	beliefs on any lawful subject whatsoever, to lawfully associate
117	with others who share similar beliefs, to petition lawfully
118	constituted authority for a redress of perceived grievances, and
119	to participate in the electoral process.
120	(2)  The Legislature finds, however, that the state is
121	facing a mounting crisis caused by criminal street gangs whose
122	members threaten and terrorize peaceful citizens and commit a
123	multitude of crimes. These criminal street gang activities, both
124	individually and collectively, present a clear and present
125	danger. Street gangs, terrorist organizations, and hate groups
126	have evolved into increasingly sophisticated and complex
127	organized crime groups in their criminal tactics, their schemes,
128	and their brutality. The state has a compelling interest in
129	preventing criminal street gang activity and halting the real
130	and present danger posed by the proliferation of criminal gangs
131	and the graduation from more primitive forms of criminal gangs
132	to highly sophisticated criminal gangs. For these reasons, and
133	the Legislature finds that the provisions of this chapter act
134	are essential necessary to maintain the public order and safety.
135	(3)  It is the intent of the Legislature to outlaw certain
136	conduct associated with the existence and proliferation of
137	criminal gangs, provide eradicate the terror created by criminal
138	street gangs and their members by providing enhanced criminal
139	penalties, and eliminate and by eliminating the patterns,
140	profits, proceeds, instrumentalities, and property facilitating
141	criminal street gang activity, including criminal street gang
142	recruitment.
143	Section 5.  Section 874.03, Florida Statutes, is amended to
144	read:
145	874.03  Definitions.--As used in this chapter:
146	(1)  "Criminal street gang" means a formal or informal
147	ongoing organization, association, or group that has as one of
148	its primary activities the commission of criminal or delinquent
149	acts, and that consists of three or more persons who have a
150	common name or common identifying signs, colors, or symbols and
151	have two or more members who, individually or collectively,
152	engage in or have engaged in a pattern of criminal street gang
153	activity, including, but not limited to, street gangs, terrorist
154	organizations, and hate groups.
155	(2)  "Criminal street gang member" is a person who is a
156	member of a criminal street gang as defined in subsection (1)
157	and who meets two or more of the following criteria:
158	(a)  Admits to criminal street gang membership.
159	(b)  Is identified as a criminal street gang member by a
160	parent or guardian.
161	(c)  Is identified as a criminal street gang member by a
162	documented reliable informant.
163	(d)  Resides in or frequents a particular criminal street
164	gang's area and adopts their style of dress, their use of hand
165	signs, or their tattoos, and associates with known criminal
166	street gang members.
167	(e)  Is identified as a criminal street gang member by an
168	informant of previously untested reliability and such
169	identification is corroborated by independent information.
170	(f)  Has been arrested more than once in the company of
171	identified criminal street gang members for offenses that which
172	are consistent with usual criminal street gang activity.
173	(g)  Is identified as a criminal street gang member by
174	physical evidence such as photographs or other documentation.
175	(h)  Has been stopped in the company of known criminal
176	street gang members four or more times.
177	(i)  Has authored any communication indicating
178	responsibility for the commission of any crime by the criminal
179	gang.
180	(3)  "Electronic communication" has the meaning provided in
181	s. 934.02 and includes, but is not limited to, photographs,
182	video, telephone communications, text messages, facsimile,
183	electronic mail messages as defined in s. 668.602, and instant
184	message real-time communications with other individuals through
185	the Internet or other means.
186	(4)  For purposes of law enforcement identification and
187	tracking only,:
188	(a)  "criminal street gang associate" means a person who:
189	(a)1.  Admits to criminal street gang association; or
190	(b)2.  Meets any single defining criterion for criminal
191	street gang membership described in subsection (2).
192	(b)  "Gang-related incident" means an incident that, upon
193	investigation, meets any of the following conditions:
194	1.  The participants are identified as criminal street gang
195	members or criminal street gang associates, acting, individually
196	or collectively, to further any criminal purpose of the gang;
197	2.  A reliable informant identifies an incident as criminal
198	street gang activity; or
199	3.  an informant of previously untested reliability
200	identifies an incident as criminal street gang activity and it
201	is corroborated by independent information.
202	(5)  "Hate group" means an organization whose primary
203	purpose is to promote animosity, hostility, and malice against a
204	person or persons or against the property of a person or persons
205	because of race, religion, disability, sexual orientation,
206	ethnicity, or national origin.
207	(6)(3)  "Pattern of criminal street gang activity" means
208	the commission or attempted commission of, or solicitation or
209	conspiracy to commit, as a criminal gang member, two or more
210	felony or three or more misdemeanor offenses, or one felony and
211	two misdemeanor offenses, or the comparable number of delinquent
212	acts or violations of law which would be felonies or
213	misdemeanors if committed by an adult, on separate occasions
214	within a 3-year period, excluding any period of incarceration.
215	(7)  "Street gang" is a formal or informal ongoing
216	organization, entity, association, or group consisting of three
217	or more persons with a common name or common identifying signs,
218	colors, or symbols and two or more members who, individually or
219	collectively, have as one of their primary activities the
220	commission of criminal or delinquent acts and engage in or have
221	engaged in a pattern of criminal activity.
222	(8)  "Terrorist organization" means any organized group
223	engaged in or organized for the purpose of engaging in terrorism
224	as defined in s. 775.30. This definition shall not be construed
225	to prevent prosecution of individuals acting alone under this
226	chapter.
227	Section 6.  Section 874.04, Florida Statutes, is amended to
228	read:
229	874.04  Criminal street gang activity; enhanced
230	penalties.--Upon a finding by the court at sentencing that the
231	defendant committed the charged offense for the purpose of
232	benefiting, promoting, or furthering the interests of a criminal
233	street gang, the penalty for any felony or misdemeanor, or any
234	delinquent act or violation of law which would be a felony or
235	misdemeanor if committed by an adult, may be enhanced. Penalty
236	enhancement affects the applicable statutory maximum penalty
237	only. Each of the findings required as a basis for such sentence
238	shall be found beyond a reasonable doubt by a preponderance of
239	the evidence. The enhancement will be as follows:
240	(1)(a)  A misdemeanor of the second degree may be punished
241	as if it were a misdemeanor of the first degree.
242	(b)  A misdemeanor of the first degree may be punished as
243	if it were a felony of the third degree. For purposes of
244	sentencing under chapter 921 and determining incentive gain-time
245	eligibility under chapter 944, such offense is ranked in level 1
246	of the offense severity ranking chart. The criminal street gang
247	multiplier in s. 921.0024 does not apply to misdemeanors
248	enhanced under this paragraph.
249	(2)(a)  A felony of the third degree may be punished as if
250	it were a felony of the second degree.
251	(b)  A felony of the second degree may be punished as if it
252	were a felony of the first degree.
253	(c)  A felony of the first degree may be punished as if it
254	were a life felony.
255
256	For purposes of sentencing under chapter 921 and determining
257	incentive gain-time eligibility under chapter 944, such felony
258	offense is ranked as provided in s. 921.0022 or s. 921.0023, and
259	without regard to the penalty enhancement in this subsection.
260	For purposes of this section, penalty enhancement affects the
261	applicable statutory maximum penalty only.
262	Section 7.  Section 874.045, Florida Statutes, is created
263	to read:
264	874.045  Arrest and prosecution under other
265	provisions.--Nothing in this chapter shall prohibit the arrest
266	and prosecution of a criminal gang member under chapter 876,
267	chapter 895, chapter 896, s. 893.20, or any other applicable
268	provision of law except to the extent otherwise prohibited
269	pursuant to a statutory or constitutional provision.
270	Section 8.  Section 874.05, Florida Statutes, is amended to
271	read:
272	874.05  Causing, encouraging, soliciting, or recruiting
273	criminal street gang membership.--
274	(1)  Except as provided in subsection (2), a person who
275	intentionally causes, encourages, solicits, or recruits another
276	person to become a criminal gang member where join a criminal
277	street gang that requires as a condition of membership or
278	continued membership is the commission of any crime commits a
279	felony of the third degree, punishable as provided in s.
280	775.082, s. 775.083, or s. 775.084.
281	(2)  A person who commits Upon a second or subsequent
282	violation offense, the person commits a felony of the second
283	degree, punishable as provided in s. 775.082, s. 775.083, or s.
284	775.084.
285	Section 9.  Section 874.06, Florida Statutes, is amended to
286	read:
287	874.06  Civil cause of action.--
288	(1)  A person or organization establishing, by clear and
289	convincing evidence, coercion, intimidation, threats, or other
290	harm to that person or organization in violation of this chapter
291	has a civil cause of action for treble damages, an injunction,
292	or any other appropriate relief in law or equity. Upon
293	prevailing, the plaintiff may recover reasonable attorney's fees
294	in the trial and appellate courts and the costs of investigation
295	and litigation that reasonably incurred and costs.
296	(2)(a)  For purposes of this subsection, the term "state"
297	includes any of the state's agencies, instrumentalities,
298	subdivisions, or municipalities.
299	(b)  In addition to any remedies provided for by ss. 60.05
300	and 823.05, the state has a civil cause of action against any
301	person or organization if it proves by clear and convincing
302	evidence that it has been injured by reason of a violation of
303	this chapter by the person or organization. The state has a
304	civil cause of action for treble damages, injunctive relief, or
305	any other relief in law or equity which the court deems
306	appropriate. If the state prevails, it may also recover
307	attorney's fees in the trial and appellate courts and the costs
308	of investigation and litigation that are reasonably incurred.
309	The state may not recover punitive damages. The defendant is
310	entitled to recover reasonable attorney's fees and court costs
311	if the court finds that the state raised a claim that was
312	without factual or legal support.
313	(3)  A prevailing plaintiff under subsection (1) has a
314	right or claim that is superior to any right or claim that the
315	state has in the same property or proceeds.
316	(4)  A person who knowingly violates a temporary or
317	permanent order issued under this section or s. 60.05 commits a
318	misdemeanor of the first degree, punishable as provided in s.
319	775.082 or s. 775.083.
320	Section 10.  Section 874.08, Florida Statutes, is amended
321	to read:
322	874.08  Criminal gang activity and Profits, proceeds, and
323	instrumentalities of criminal street gangs or criminal street
324	gang recruitment; forfeiture.--All profits, proceeds, and
325	instrumentalities of criminal street gang activity and all
326	property used or intended or attempted to be used to facilitate
327	the criminal activity of any criminal street gang or of any
328	criminal street gang member; and all profits, proceeds, and
329	instrumentalities of criminal street gang recruitment and all
330	property used or intended or attempted to be used to facilitate
331	criminal street gang recruitment are subject to seizure and
332	forfeiture under the Florida Contraband Forfeiture Act, s.
333	932.704.
334	Section 11.  Section 874.09, Florida Statutes, is amended
335	to read:
336	874.09  Crime data information.--
337	(1)  The Department of Law Enforcement may:
338	(a)  Develop and manage a statewide criminal street gang
339	database to facilitate the exchange of information pursuant to
340	the intent and purpose of this chapter.
341	(b)  Notify all law enforcement agencies that reports of
342	arrested criminal gang members or associates shall be entered
343	into the database as soon as the minimum level of data specified
344	by the department is available to the reporting agency and no
345	waiting period for the entry of that data exists.
346	(c)  Compile and retain information regarding criminal
347	gangs and their members and associates in a manner that allows
348	the information to be used by law enforcement and other agencies
349	deemed appropriate for investigative purposes.
350	(d)  Compile and maintain a history data repository
351	relating to criminal gangs and their members and associates in
352	order to develop and improve techniques used by law enforcement
353	agencies and prosecutors in the investigation, apprehension, and
354	prosecution of members and affiliates of criminal gangs.
355	(2)  Local law enforcement agencies may:
356	(a)  After carrying out any arrest of any individual who
357	they believe is a member or associate of a criminal gang, create
358	or update that individual's electronic file within the database.
359	(b)  Notify the prosecutor of the accused individual's
360	suspected criminal gang membership or associate status.
361	Section 12.  Section 874.10, Florida Statutes, is created
362	to read:
363	874.10  Electronic communication.--Any person who, for the
364	purpose of benefiting, promoting, or furthering the interests of
365	a criminal gang, uses electronic communication to intimidate or
366	harass other persons, or to advertise his or her presence in the
367	community, including, but not limited to, such activities as
368	distributing, selling, transmitting, or posting on the Internet
369	any audio, video, or still image of criminal activity, commits a
370	felony of the third degree, punishable as provided in s.
371	775.082, s. 775.083, or s. 775.084.
372	Section 13.  Section 874.11, Florida Statutes, is created
373	to read:
374	874.11  Identification documents; unlawful possession or
375	creation.--
376	(1)  For purposes of this section, the term "identification
377	document" includes, but is not limited to, a social security
378	card or number, a birth certificate, a driver's license, an
379	identification card pursuant to s. 322.051, a naturalization
380	certificate, an alien registration number, a passport, and any
381	access credentials for a publicly operated facility or an
382	infrastructure facility covered under 18 U.S.C. s. 2332f.
383	(2)  Any person possessing or manufacturing any blank,
384	forged, stolen, fictitious, fraudulent, counterfeit, or
385	otherwise unlawfully issued identification document for the
386	purpose of benefiting, promoting, or furthering the interests of
387	a criminal gang commits a felony of the second degree,
388	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
389	Section 14.  Section 874.13, Florida Statutes, is created
390	to read:
391	874.13  Suspension of driver's license.--
392	(1)  For purposes of this section:
393	(a)  "Department" means the Department of Highway Safety
394	and Motor Vehicles.
395	(b)  "Convicted" means a determination of guilt that is the
396	result of a trial or the entry of a plea of guilty or nolo
397	contendere, regardless of whether adjudication is withheld.
398	(2)  In addition to any other penalty provided by law, the
399	court shall order the suspension of the driver's license of each
400	person convicted or adjudicated delinquent of any offense
401	contained in this chapter and of any person whose penalty has
402	been enhanced pursuant to s. 874.04. Upon ordering the
403	suspension of the driver's license, the court shall forward the
404	driver's license to the department in accordance with s. 322.25.
405	(a)  The first suspension of a driver's license under this
406	section shall be for a period of 6 months.
407	(b)  A second or subsequent suspension of a driver's
408	license under this section shall be for 1 year.
409	(3)  A court that suspends a driver's license pursuant to
410	subsection (2) shall, if the person is sentenced to a term of
411	incarceration, direct the department to commence the suspension
412	of the person's driver's license upon the person's release from
413	incarceration.
414	Section 15.  Section 943.031, Florida Statutes, is amended
415	to read:
416	943.031  Florida Violent Crime and Drug Control Council.--
417	(1)  FINDINGS.--The Legislature finds that there is a need
418	to develop and implement a statewide strategy to address violent
419	criminal activity, including crimes committed by criminal gangs,
420	and drug control efforts by state and local law enforcement
421	agencies, including investigations of illicit money laundering.
422	In recognition of this need, the Florida Violent Crime and Drug
423	Control Council is created within the department. The council
424	shall serve in an advisory capacity to the department.
425	(2)(1)  MEMBERSHIP.--The council shall consist of 14
426	members, as follows:
427	(a)  The Attorney General or a designate.
428	(b)  A designate of the executive director of the
429	Department of Law Enforcement.
430	(c)  The secretary of the Department of Corrections or a
431	designate.
432	(d)  The Secretary of Juvenile Justice or a designate.
433	(e)  The Commissioner of Education or a designate.
434	(f)  The president of the Florida Network of Victim/Witness
435	Services, Inc., or a designate.
436	(g)  The director of the Office of Drug Control within the
437	Executive Office of the Governor, or a designate.
438	(h)  The Chief Financial Officer, or a designate.
439	(i)  Six members appointed by the Governor, consisting of
440	two sheriffs, two chiefs of police, one medical examiner, and
441	one state attorney or their designates.
442
443	The Governor, when making appointments under this subsection,
444	must take into consideration representation by geography,
445	population, ethnicity, and other relevant factors to ensure that
446	the membership of the council is representative of the state at
447	large. Designates appearing on behalf of a council member who is
448	unable to attend a meeting of the council are empowered to vote
449	on issues before the council to the same extent the designating
450	council member is so empowered.
451	(3)(2)  TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
452	STAFF.--
453	(a)  Members appointed by the Governor shall be appointed
454	for terms of 2 years. The other members are standing members of
455	the council. In no event shall a member serve beyond the time he
456	or she ceases to hold the office or employment which was the
457	basis for appointment to the council. In the event of a vacancy,
458	an appointment to fill the vacancy shall be only for the
459	unexpired term.
460	(b)  The Legislature finds that the council serves a
461	legitimate state, county, and municipal purpose and that service
462	on the council is consistent with a member's principal service
463	in a public office or employment. Membership on the council does
464	not disqualify a member from holding any other public office or
465	being employed by a public entity, except that no member of the
466	Legislature shall serve on the council.
467	(c)  The members of the council shall elect a chair and a
468	vice chair every 2 years, to serve for a 2-year term. As deemed
469	appropriate, other officers may be elected by the members.
470	(d)  Members of the council or their designates shall serve
471	without compensation but are entitled to reimbursement for per
472	diem and travel expenses pursuant to s. 112.061. Reimbursements
473	made pursuant to this paragraph may be paid from either the
474	Violent Crime Investigative Emergency and Drug Control Strategy
475	Implementation Account within the Department of Law Enforcement
476	Operating Trust Fund or from other appropriations provided to
477	the department by the Legislature in the General Appropriations
478	Act.
479	(e)  The department shall provide the council with staff
480	necessary to assist the council in the performance of its
481	duties.
482	(4)(3)  MEETINGS.--The council must meet at least
483	semiannually. Additional meetings may be held when it is
484	determined by the chair that extraordinary circumstances require
485	an additional meeting of the council. A majority of the members
486	of the council constitutes a quorum.
487	(5)(4)  DUTIES OF COUNCIL.--The council shall provide
488	advice and make recommendations, as necessary, to the executive
489	director of the department.
490	(a)  The council may advise the executive director on the
491	feasibility of undertaking initiatives which include, but are
492	not limited to, the following:
493	1.  Establishing a program which provides grants to
494	criminal justice agencies that develop and implement effective
495	violent crime prevention and investigative programs and which
496	provides grants to law enforcement agencies for the purpose of
497	drug control, criminal gang, and illicit money laundering
498	investigative efforts or task force efforts that are determined
499	by the council to significantly contribute to achieving the
500	state's goal of reducing drug-related crime as articulated by
501	the Office of Drug Control, that represent significant criminal
502	gang investigative efforts, that represent a significant illicit
503	money laundering investigative effort, or that otherwise
504	significantly support statewide strategies developed by the
505	Statewide Drug Policy Advisory Council established under s.
506	397.333, subject to the limitations provided in this section.
507	The grant program may include an innovations grant program to
508	provide startup funding for new initiatives by local and state
509	law enforcement agencies to combat violent crime or to implement
510	drug control, significant criminal gang investigative efforts,
511	or illicit money laundering investigative efforts or task force
512	efforts by law enforcement agencies, including, but not limited
513	to, initiatives such as:
514	a.  Providing enhanced community-oriented policing.
515	b.  Providing additional undercover officers and other
516	investigative officers to assist with violent crime
517	investigations in emergency situations.
518	c.  Providing funding for multiagency or statewide drug
519	control, criminal gang, or illicit money laundering
520	investigative efforts or task force efforts that cannot be
521	reasonably funded completely by alternative sources and that
522	significantly contribute to achieving the state's goal of
523	reducing drug-related crime as articulated by the Office of Drug
524	Control, that represent significant criminal gang investigative
525	efforts, that represent a significant illicit money laundering
526	investigative effort, or that otherwise significantly support
527	statewide strategies developed by the Statewide Drug Policy
528	Advisory Council established under s. 397.333.
529	2.  Expanding the use of automated fingerprint
530	identification systems at the state and local level.
531	3.  Identifying methods to prevent violent crime.
532	4.  Identifying methods to enhance multiagency or statewide
533	drug control, criminal gang, or illicit money laundering
534	investigative efforts or task force efforts that significantly
535	contribute to achieving the state's goal of reducing drug-
536	related crime as articulated by the Office of Drug Control, that
537	represent significant criminal gang investigative efforts, that
538	represent a significant illicit money laundering investigative
539	effort, or that otherwise significantly support statewide
540	strategies developed by the Statewide Drug Policy Advisory
541	Council established under s. 397.333.
542	5.  Enhancing criminal justice training programs which
543	address violent crime, efforts to control and eliminate criminal
544	gangs, drug control, or illicit money laundering investigative
545	techniques or efforts.
546	6.  Developing and promoting crime prevention services and
547	educational programs that serve the public, including, but not
548	limited to:
549	a.  Enhanced victim and witness counseling services that
550	also provide crisis intervention, information referral,
551	transportation, and emergency financial assistance.
552	b.  A well-publicized rewards program for the apprehension
553	and conviction of criminals who perpetrate violent crimes.
554	7.  Enhancing information sharing and assistance in the
555	criminal justice community by expanding the use of community
556	partnerships and community policing programs. Such expansion may
557	include the use of civilian employees or volunteers to relieve
558	law enforcement officers of clerical work in order to enable the
559	officers to concentrate on street visibility within the
560	community.
561	(b)  The full council shall:
562	1.  Receive periodic reports from regional violent crime
563	investigation and statewide drug control strategy implementation
564	coordinating teams which relate to violent crime trends or the
565	investigative needs or successes in the regions, including
566	discussions regarding the activity of significant criminal gangs
567	in the region, factors, and trends relevant to the
568	implementation of the statewide drug strategy, and the results
569	of drug control and illicit money laundering investigative
570	efforts funded in part by the council.
571	2.  Maintain and use utilize criteria for the disbursement
572	of funds from the Violent Crime Investigative Emergency and Drug
573	Control Strategy Implementation Account or any other account
574	from which the council may disburse proactive investigative
575	funds as may be established within the Department of Law
576	Enforcement Operating Trust Fund or other appropriations
577	provided to the Department of Law Enforcement by the Legislature
578	in the General Appropriations Act. The criteria shall allow for
579	the advancement of funds to reimburse agencies regarding violent
580	crime investigations as approved by the full council and the
581	advancement of funds to implement proactive drug control
582	strategies or significant criminal gang investigative efforts as
583	authorized by the Drug Control Strategy and Criminal Gang
584	Committee or the Victim and Witness Protection Review Committee.
585	Regarding violent crime investigation reimbursement, an
586	expedited approval procedure shall be established for rapid
587	disbursement of funds in violent crime emergency situations.
588	3.  As used in this section, "significant criminal gang
589	investigative efforts" eligible for proactive funding must
590	involve as a minimum an effort against a known criminal gang
591	that:
592	a.  Involves multiple law enforcement agencies.
593	b.  Reflects a dedicated significant investigative effort
594	on the part of each participating agency in personnel, time
595	devoted to the investigation, and agency resources dedicated to
596	the effort.
597	c.  Reflects a dedicated commitment by a prosecuting
598	authority to ensure that cases developed by the investigation
599	will be timely and effectively prosecuted.
600	d.  Demonstrates a strategy and commitment to dismantling
601	the criminal gang via seizures of assets, significant money
602	laundering, and organized crime investigations and prosecutions,
603	or similar efforts.
604
605	The council may require satisfaction of additional elements, to
606	include reporting criminal investigative and criminal
607	intelligence information related to criminal gang activity and
608	members in a manner required by the department, as a
609	prerequisite for receiving proactive criminal gang funding.
610	(6)  DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.--
611	(a)  The Drug Control Strategy and Criminal Gang Committee
612	is created within the Florida Violent Crime and Drug Control
613	Council, consisting of the following council members:
614	1.  The Attorney General or a designate.
615	2.  The designate of the executive director of the
616	Department of Law Enforcement.
617	3.  The secretary of the Department of Corrections or a
618	designate.
619	4.  The director of the Office of Drug Control within the
620	Executive Office of the Governor.
621	5.  The state attorney, the two sheriffs, and the two
622	chiefs of police, or their designates.
623	(b)  The committee shall
624	3.  review and approve all requests for disbursement of
625	funds from the Violent Crime Investigative Emergency and Drug
626	Control Strategy Implementation Account within the Department of
627	Law Enforcement Operating Trust Fund and from other
628	appropriations provided to the department by the Legislature in
629	the General Appropriations Act. An expedited approval procedure
630	shall be established for rapid disbursement of funds in violent
631	crime emergency situations.
632	(c)  Those receiving any proactive funding provided by the
633	council through the committee shall be required to report the
634	results of the investigations to the council once the
635	investigation has been completed. The committee shall also
636	require ongoing status reports on ongoing investigations using
637	such findings in its closed sessions.
638	(7)(5)  REPORTS.--The council shall report annually on its
639	activities, on or before December 30 of each calendar year, to
640	the executive director, the President of the Senate, the Speaker
641	of the House of Representatives, and the chairs of the Senate
642	and House committees having principal jurisdiction over criminal
643	law. Comments and responses of the executive director to the
644	report are to be included.
645	(8)(6)  VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--
646	(a)  The Victim and Witness Protection Review Committee is
647	created within the Florida Violent Crime and Drug Control
648	Council, consisting of the statewide prosecutor or a state
649	attorney, a sheriff, a chief of police, and the designee of the
650	executive director of the Department of Law Enforcement. The
651	committee shall be appointed from the membership of the council
652	by the chair of the council after the chair has consulted with
653	the executive director of the Department of Law Enforcement.
654	Committee members shall meet in conjunction with the meetings of
655	the council.
656	(b)  The committee shall:
657	1.  Maintain and use utilize criteria for disbursing funds
658	to reimburse law enforcement agencies for costs associated with
659	providing victim and witness protective or temporary relocation
660	services.
661	2.  Review and approve or deny, in whole or in part, all
662	reimbursement requests submitted by law enforcement agencies.
663	(c)  The lead law enforcement agency providing victim or
664	witness protective or temporary relocation services pursuant to
665	the provisions of s. 914.25 may submit a request for
666	reimbursement to the Victim and Witness Protection Review
667	Committee in a format approved by the committee. The lead law
668	enforcement agency shall submit such reimbursement request on
669	behalf of all law enforcement agencies that cooperated in
670	providing protective or temporary relocation services related to
671	a particular criminal investigation or prosecution. As part of
672	the reimbursement request, the lead law enforcement agency must
673	indicate how any reimbursement proceeds will be distributed
674	among the agencies that provided protective or temporary
675	relocation services.
676	(d)  The committee, in its discretion, may use funds
677	available to the committee to provide all or partial
678	reimbursement to the lead law enforcement agency for such costs,
679	or may decline to provide any reimbursement.
680	(e)  The committee may conduct its meeting by
681	teleconference or conference phone calls when the chair of the
682	committee finds that the need for reimbursement is such that
683	delaying until the next scheduled council meeting will adversely
684	affect the requesting agency's ability to provide the protection
685	services.
686	(9)(7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
687	MEETINGS AND RECORDS.--
688	(a)  The Legislature finds that during limited portions of
689	the meetings of the Florida Violent Crime and Drug Control
690	Council it is necessary that the council be presented with and
691	discuss details, information, and documents related to active
692	criminal investigations or matters constituting active criminal
693	intelligence, as those concepts are defined by s. 119.011. These
694	presentations and discussions are necessary for the council to
695	make its funding decisions as required by the Legislature. The
696	Legislature finds that to reveal the contents of documents
697	containing active criminal investigative or intelligence
698	information or to allow active criminal investigative or active
699	criminal intelligence matters to be discussed in a meeting open
700	to the public negatively impacts the ability of law enforcement
701	agencies to efficiently continue their investigative or
702	intelligence gathering activities. The Legislature finds that
703	information coming before the council that pertains to active
704	criminal investigations or intelligence should remain
705	confidential and exempt from public disclosure. The Legislature
706	finds that the Florida Violent Crime and Drug Control Council
707	may, by declaring only those portions of council meetings in
708	which active criminal investigative or active criminal
709	intelligence information is to be presented or discussed closed
710	to the public, assure an appropriate balance between the policy
711	of this state that meetings be public and the policy of this
712	state to facilitate efficient law enforcement efforts.
713	(b)  The Florida Violent Crime and Drug Control Council
714	shall be considered a "criminal justice agency" within the
715	definition of s. 119.011(4).
716	(c)1.  The Florida Violent Crime and Drug Control Council
717	may close portions of meetings during which the council will
718	hear or discuss active criminal investigative information or
719	active criminal intelligence information, and such portions of
720	meetings shall be exempt from the provisions of s. 286.011 and
721	s. 24(b), Art. I of the State Constitution, provided that the
722	following conditions are met:
723	a.  The chair of the council shall advise the council at a
724	public meeting that, in connection with the performance of a
725	council duty, it is necessary that the council hear or discuss
726	active criminal investigative information or active criminal
727	intelligence information.
728	b.  The chair's declaration of necessity for closure and
729	the specific reasons for such necessity shall be stated in
730	writing in a document that shall be a public record and shall be
731	filed with the official records of the council.
732	c.  The entire closed session shall be recorded. The
733	recording shall include the times of commencement and
734	termination of the closed session, all discussion and
735	proceedings, and the names of all persons present. No portion of
736	the session shall be off the record. Such recording shall be
737	maintained by the council.
738	2.  Only members of the council, Department of Law
739	Enforcement staff supporting the council's function, and other
740	persons whose presence has been authorized by the chair of the
741	council shall be allowed to attend the exempted portions of the
742	council meetings. The council shall assure that any closure of
743	its meetings as authorized by this section is limited so that
744	the general policy of this state in favor of public meetings is
745	maintained.
746	(d)  A tape recording of, and any minutes and notes
747	generated during, that portion of a Florida Violent Crime and
748	Drug Control Council meeting which is closed to the public
749	pursuant to this section are confidential and exempt from s.
750	119.07(1) and s. 24(a), Art. I of the State Constitution until
751	such time as the criminal investigative information or criminal
752	intelligence information ceases to be active.
753	Section 16.  Section 948.033, Florida Statutes, is created
754	to read:
755	948.033  Condition of probation or community control;
756	criminal gang.--Effective for a probationer or community
757	controllee whose crime was committed on or after July 1, 2008,
758	and who has been found to have committed the crime for the
759	purpose of benefiting, promoting, or furthering the interests of
760	criminal gang, the court shall, in addition to any other
761	conditions imposed, impose a condition prohibiting the
762	probationer or community controllee from knowingly associating
763	with other criminal gang members or associates, except as
764	authorized by law enforcement officials, prosecutorial
765	authorities, or the court, for the purpose of aiding in the
766	investigation of criminal gang activity.
767	Section 17.  Section 947.18, Florida Statutes, is amended
768	to read:
769	947.18  Conditions of parole.--No person shall be placed on
770	parole merely as a reward for good conduct or efficient
771	performance of duties assigned in prison. No person shall be
772	placed on parole until and unless the commission finds that
773	there is reasonable probability that, if the person is placed on
774	parole, he or she will live and conduct himself or herself as a
775	respectable and law-abiding person and that the person's release
776	will be compatible with his or her own welfare and the welfare
777	of society. No person shall be placed on parole unless and until
778	the commission is satisfied that he or she will be suitably
779	employed in self-sustaining employment or that he or she will
780	not become a public charge. The commission shall determine the
781	terms upon which such person shall be granted parole. If the
782	person's conviction was for a controlled substance violation,
783	one of the conditions must be that the person submit to random
784	substance abuse testing intermittently throughout the term of
785	supervision, upon the direction of the correctional probation
786	officer as defined in s. 943.10(3). In addition to any other
787	lawful condition of parole, the commission may make the payment
788	of the debt due and owing to the state under s. 960.17 or the
789	payment of the attorney's fees and costs due and owing to the
790	state under s. 938.29 a condition of parole subject to
791	modification based on change of circumstances. If the person's
792	conviction was for a crime that was found to have been committed
793	for the purpose of benefiting, promoting, or furthering the
794	interests of a criminal gang, one of the conditions must be that
795	the person be prohibited from knowingly associating with other
796	criminal gang members or associates, except as authorized by law
797	enforcement officials, prosecutorial authorities, or the court,
798	for the purpose of aiding in the investigation of criminal gang.
799	Section 18.  Subsection (11) is added to section 947.1405,
800	Florida Statutes, to read:
801	947.1405  Conditional release program.--
802	(11)  Effective for a releasee whose crime was committed on
803	or after July 1, 2008, and who has been found to have committed
804	the crime for the purpose of benefiting, promoting, or
805	furthering the interests of a criminal gang, the commission
806	shall, in addition to any other conditions imposed, impose a
807	condition prohibiting the releasee from knowingly associating
808	with other criminal gang members or associates, except as
809	authorized by law enforcement officials, prosecutorial
810	authorities, or the court, for the purpose of aiding in the
811	investigation of criminal gang activity.
812	Section 19.  Paragraph (d) of subsection (2) of section
813	893.138, Florida Statutes, is amended to read:
814	893.138  Local administrative action to abate drug-related,
815	prostitution-related, or stolen-property-related public
816	nuisances and criminal street gang activity.--
817	(2)  Any place or premises that has been used:
818	(d)  By a criminal street gang for the purpose of
819	conducting a pattern of criminal street gang activity as defined
820	by s. 874.03; or
821
822	may be declared to be a public nuisance, and such nuisance may
823	be abated pursuant to the procedures provided in this section.
824	Section 20.  Paragraph (a) of subsection (1) and subsection
825	(3) of section 895.02, Florida Statutes, are amended to read:
826	895.02  Definitions.--As used in ss. 895.01-895.08, the
827	term:
828	(1)  "Racketeering activity" means to commit, to attempt to
829	commit, to conspire to commit, or to solicit, coerce, or
830	intimidate another person to commit:
831	(a)  Any crime that is chargeable by indictment or
832	information under the following provisions of the Florida
833	Statutes:
834	1.  Section 210.18, relating to evasion of payment of
835	cigarette taxes.
836	2.  Section 403.727(3)(b), relating to environmental
837	control.
838	3.  Section 409.920 or s. 409.9201, relating to Medicaid
839	fraud.
840	4.  Section 414.39, relating to public assistance fraud.
841	5.  Section 440.105 or s. 440.106, relating to workers'
842	compensation.
843	6.  Section 443.071(4), relating to creation of a
844	fictitious employer scheme to commit unemployment compensation
845	fraud.
846	7.  Section 465.0161, relating to distribution of medicinal
847	drugs without a permit as an Internet pharmacy.
848	8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
849	499.0691, relating to crimes involving contraband and
850	adulterated drugs.
851	9.  Part IV of chapter 501, relating to telemarketing.
852	10.  Chapter 517, relating to sale of securities and
853	investor protection.
854	11.  Section 550.235, s. 550.3551, or s. 550.3605, relating
855	to dogracing and horseracing.
856	12.  Chapter 550, relating to jai alai frontons.
857	13.  Section 551.109, relating to slot machine gaming.
858	14.  Chapter 552, relating to the manufacture,
859	distribution, and use of explosives.
860	15.  Chapter 560, relating to money transmitters, if the
861	violation is punishable as a felony.
862	16.  Chapter 562, relating to beverage law enforcement.
863	17.  Section 624.401, relating to transacting insurance
864	without a certificate of authority, s. 624.437(4)(c)1., relating
865	to operating an unauthorized multiple-employer welfare
866	arrangement, or s. 626.902(1)(b), relating to representing or
867	aiding an unauthorized insurer.
868	18.  Section 655.50, relating to reports of currency
869	transactions, when such violation is punishable as a felony.
870	19.  Chapter 687, relating to interest and usurious
871	practices.
872	20.  Section 721.08, s. 721.09, or s. 721.13, relating to
873	real estate timeshare plans.
874	21.  Chapter 782, relating to homicide.
875	22.  Chapter 784, relating to assault and battery.
876	23.  Chapter 787, relating to kidnapping or human
877	trafficking.
878	24.  Chapter 790, relating to weapons and firearms.
879	25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
880	796.05, or s. 796.07, relating to prostitution and sex
881	trafficking.
882	26.  Chapter 806, relating to arson.
883	27.  Section 810.02(2)(c), relating to specified burglary
884	of a dwelling or structure.
885	28.  Chapter 812, relating to theft, robbery, and related
886	crimes.
887	29.  Chapter 815, relating to computer-related crimes.
888	30.  Chapter 817, relating to fraudulent practices, false
889	pretenses, fraud generally, and credit card crimes.
890	31.  Chapter 825, relating to abuse, neglect, or
891	exploitation of an elderly person or disabled adult.
892	32.  Section 827.071, relating to commercial sexual
893	exploitation of children.
894	33.  Chapter 831, relating to forgery and counterfeiting.
895	34.  Chapter 832, relating to issuance of worthless checks
896	and drafts.
897	35.  Section 836.05, relating to extortion.
898	36.  Chapter 837, relating to perjury.
899	37.  Chapter 838, relating to bribery and misuse of public
900	office.
901	38.  Chapter 843, relating to obstruction of justice.
902	39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
903	s. 847.07, relating to obscene literature and profanity.
904	40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
905	849.25, relating to gambling.
906	41.  Chapter 874, entitled "Organized Criminal Activity
907	Enforcement and Prevention." relating to criminal street gangs.
908	42.  Chapter 893, relating to drug abuse prevention and
909	control.
910	43.  Chapter 896, relating to offenses related to financial
911	transactions.
912	44.  Sections 914.22 and 914.23, relating to tampering with
913	a witness, victim, or informant, and retaliation against a
914	witness, victim, or informant.
915	45.  Sections 918.12 and 918.13, relating to tampering with
916	jurors and evidence.
917	(3)  "Enterprise" means any individual, sole
918	proprietorship, partnership, corporation, business trust, union
919	chartered under the laws of this state, or other legal entity,
920	or any unchartered union, association, or group of individuals
921	associated in fact although not a legal entity; and it includes
922	illicit as well as licit enterprises and governmental, as well
923	as other, entities. A criminal street gang, as defined in s.
924	874.03, constitutes an enterprise.
925	Section 21.  Paragraphs (d) and (e) of subsection (3) of
926	section 921.0022, Florida Statutes, are amended to read:
927	921.0022  Criminal Punishment Code; offense severity
928	ranking chart.--
929	(3)  OFFENSE SEVERITY RANKING CHART
930	(d)  LEVEL 4
931
	FloridaStatute FelonyDegree Description
932
	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
933
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
934
	499.0051(2) 3rd Failure to authenticate pedigree papers.
935
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
936
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
937
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
938
	784.075 3rd Battery on detention or commitment facility staff.
939
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
940
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
941
	784.081(3) 3rd Battery on specified official or employee.
942
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
943
	784.083(3) 3rd Battery on code inspector.
944
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
945
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
946
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
947
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
948
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
949
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
950
	790.115(2)(c) 3rd Possessing firearm on school property.
951
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
952
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
953
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
954
	810.06 3rd Burglary; possession of tools.
955
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
956
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
957
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
958
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
959
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
960
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
961
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
962
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
963
	837.02(1) 3rd Perjury in official proceedings.
964
	837.021(1) 3rd Make contradictory statements in official proceedings.
965
	838.022 3rd Official misconduct.
966
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
967
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
968
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
969
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
970
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
971
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
972
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
973
	914.14(2) 3rd Witnesses accepting bribes.
974
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
975
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
976
	918.12 3rd Tampering with jurors.
977
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
978
979	(e)  LEVEL 5
980
	FloridaStatute FelonyDegree Description
981
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
982
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
983
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
984
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
985
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
986
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
987
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
988
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
989
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
990
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
991
	790.01(2) 3rd Carrying a concealed firearm.
992
	790.162 2nd Threat to throw or discharge destructive device.
993
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
994
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
995
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
996
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
997
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
998
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
999
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1000
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
1001
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
1002
	812.131(2)(b) 3rd Robbery by sudden snatching.
1003
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
1004
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1005
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1006
	817.2341(1),(2)(a)&(3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
1007
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
1008
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
1009
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1010
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1011
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
1012
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
1013
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
1014
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
1015
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1016
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
1017
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1018
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1019
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
1020
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
1021
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
1022
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
1023
1024	Section 22.  Subsection (1) of section 921.0024, Florida
1025	Statutes, is amended to read:
1026	921.0024  Criminal Punishment Code; worksheet computations;
1027	scoresheets.--
1028	(1)(a)  The Criminal Punishment Code worksheet is used to
1029	compute the subtotal and total sentence points as follows:
1030
1031	FLORIDA CRIMINAL PUNISHMENT CODE
1032	WORKSHEET
1033
1034	OFFENSE SCORE
1035
1036	Primary Offense
1037
	Level Sentence Points Total
1038
1039
	10 116 = _____
1040
	9 92 = _____
1041
	8 74 = _____
1042
	7 56 = _____
1043
	6 36 = _____
1044
	5 28 = _____
1045
	4 22 = _____
1046
	3 16 = _____
1047
	2 10 = _____
1048
	1 4 = _____
1049
1050
	Total
1051
1052	Additional Offenses
1053
	Level Sentence Points Counts Total
1054
1055
	10 58 x _____ = _____
1056
	9 46 x _____ = _____
1057
	8 37 x _____ = _____
1058
	7 28 x _____ = _____
1059
	6 18 x _____ = _____
1060
	5 5.4 x _____ = _____
1061
	4 3.6 x _____ = _____
1062
	3 2.4 x _____ = _____
1063
	2 1.2 x _____ = _____
1064
	1 0.7 x _____ = _____
1065
	M 0.2 x _____ = _____
1066
1067
	Total
1068
1069	Victim Injury
1070
	Level Sentence Points Number Total
1071
1072
	2nd degree   murder-  death 240 x _____ = _____
1073
	Death 120 x _____ = _____
1074
	Severe 40 x _____ = _____
1075
	Moderate 18 x _____ = _____
1076
	Slight 4 x _____ = _____
1077
	Sexual  penetration 80 x _____ = _____
1078
	Sexual contact 40 x _____ = _____
1079
1080
	Total
1081
1082	Primary Offense + Additional Offenses + Victim Injury =
1083	TOTAL OFFENSE SCORE
1084
1085	PRIOR RECORD SCORE
1086
1087	Prior Record
1088
	Level Sentence Points Number Total
1089
1090
	10 29 x _____ = _____
1091
	9 23 x _____ = _____
1092
	8 19 x _____ = _____
1093
	7 14 x _____ = _____
1094
	6 9 x _____ = _____
1095
	5 3.6 x _____ = _____
1096
	4 2.4 x _____ = _____
1097
	3 1.6 x _____ = _____
1098
	2 0.8 x _____ = _____
1099
	1 0.5 x _____ = _____
1100
	M 0.2 x _____ = _____
1101
1102
	Total
1103
1104	TOTAL OFFENSE SCORE
1105	TOTAL PRIOR RECORD SCORE
1106
1107	LEGAL STATUS
1108	COMMUNITY SANCTION VIOLATION
1109	PRIOR SERIOUS FELONY
1110	PRIOR CAPITAL FELONY
1111	FIREARM OR SEMIAUTOMATIC WEAPON
1112	SUBTOTAL__________
1113
1114	PRISON RELEASEE REOFFENDER (no)(yes)
1115	VIOLENT CAREER CRIMINAL (no)(yes)
1116	HABITUAL VIOLENT OFFENDER (no)(yes)
1117	HABITUAL OFFENDER (no)(yes)
1118	DRUG TRAFFICKER (no)(yes) (x multiplier)
1119	LAW ENF. PROTECT. (no)(yes) (x multiplier)
1120	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
1121	CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1122	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
1123	(x multiplier)
1124
1125	TOTAL SENTENCE POINTS__________
1126
1127	(b)  WORKSHEET KEY:
1128
1129	Legal status points are assessed when any form of legal status
1130	existed at the time the offender committed an offense before the
1131	court for sentencing. Four (4) sentence points are assessed for
1132	an offender's legal status.
1133
1134	Community sanction violation points are assessed when a
1135	community sanction violation is before the court for sentencing.
1136	Six (6) sentence points are assessed for each community sanction
1137	violation and each successive community sanction violation,
1138	unless any of the following apply:
1139	1.  If the community sanction violation includes a new
1140	felony conviction before the sentencing court, twelve (12)
1141	community sanction violation points are assessed for the
1142	violation, and for each successive community sanction violation
1143	involving a new felony conviction.
1144	2.  If the community sanction violation is committed by a
1145	violent felony offender of special concern as defined in s.
1146	948.06:
1147	a.  Twelve (12) community sanction violation points are
1148	assessed for the violation and for each successive violation of
1149	felony probation or community control where:
1150	(I)  The violation does not include a new felony
1151	conviction; and
1152	(II)  The community sanction violation is not based solely
1153	on the probationer or offender's failure to pay costs or fines
1154	or make restitution payments.
1155	b.  Twenty-four (24) community sanction violation points
1156	are assessed for the violation and for each successive violation
1157	of felony probation or community control where the violation
1158	includes a new felony conviction.
1159
1160	Multiple counts of community sanction violations before the
1161	sentencing court shall not be a basis for multiplying the
1162	assessment of community sanction violation points.
1163
1164	Prior serious felony points: If the offender has a primary
1165	offense or any additional offense ranked in level 8, level 9, or
1166	level 10, and one or more prior serious felonies, a single
1167	assessment of thirty (30) points shall be added. For purposes of
1168	this section, a prior serious felony is an offense in the
1169	offender's prior record that is ranked in level 8, level 9, or
1170	level 10 under s. 921.0022 or s. 921.0023 and for which the
1171	offender is serving a sentence of confinement, supervision, or
1172	other sanction or for which the offender's date of release from
1173	confinement, supervision, or other sanction, whichever is later,
1174	is within 3 years before the date the primary offense or any
1175	additional offense was committed.
1176
1177	Prior capital felony points: If the offender has one or more
1178	prior capital felonies in the offender's criminal record, points
1179	shall be added to the subtotal sentence points of the offender
1180	equal to twice the number of points the offender receives for
1181	the primary offense and any additional offense. A prior capital
1182	felony in the offender's criminal record is a previous capital
1183	felony offense for which the offender has entered a plea of nolo
1184	contendere or guilty or has been found guilty; or a felony in
1185	another jurisdiction which is a capital felony in that
1186	jurisdiction, or would be a capital felony if the offense were
1187	committed in this state.
1188
1189	Possession of a firearm, semiautomatic firearm, or machine gun:
1190	If the offender is convicted of committing or attempting to
1191	commit any felony other than those enumerated in s. 775.087(2)
1192	while having in his or her possession: a firearm as defined in
1193	s. 790.001(6), an additional eighteen (18) sentence points are
1194	assessed; or if the offender is convicted of committing or
1195	attempting to commit any felony other than those enumerated in
1196	s. 775.087(3) while having in his or her possession a
1197	semiautomatic firearm as defined in s. 775.087(3) or a machine
1198	gun as defined in s. 790.001(9), an additional twenty-five (25)
1199	sentence points are assessed.
1200
1201	Sentencing multipliers:
1202
1203	Drug trafficking: If the primary offense is drug trafficking
1204	under s. 893.135, the subtotal sentence points are multiplied,
1205	at the discretion of the court, for a level 7 or level 8
1206	offense, by 1.5. The state attorney may move the sentencing
1207	court to reduce or suspend the sentence of a person convicted of
1208	a level 7 or level 8 offense, if the offender provides
1209	substantial assistance as described in s. 893.135(4).
1210
1211	Law enforcement protection: If the primary offense is a
1212	violation of the Law Enforcement Protection Act under s.
1213	775.0823(2), (3), or (4), the subtotal sentence points are
1214	multiplied by 2.5. If the primary offense is a violation of s.
1215	775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
1216	are multiplied by 2.0. If the primary offense is a violation of
1217	s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
1218	Protection Act under s. 775.0823(10) or (11), the subtotal
1219	sentence points are multiplied by 1.5.
1220
1221	Grand theft of a motor vehicle: If the primary offense is grand
1222	theft of the third degree involving a motor vehicle and in the
1223	offender's prior record, there are three or more grand thefts of
1224	the third degree involving a motor vehicle, the subtotal
1225	sentence points are multiplied by 1.5.
1226
1227	Offense related to a criminal street gang: If the offender is
1228	convicted of the primary offense and committed that offense for
1229	the purpose of benefiting, promoting, or furthering the
1230	interests of a criminal street gang as prohibited under s.
1231	874.04, the subtotal sentence points are multiplied by 1.5.
1232
1233	Domestic violence in the presence of a child: If the offender is
1234	convicted of the primary offense and the primary offense is a
1235	crime of domestic violence, as defined in s. 741.28, which was
1236	committed in the presence of a child under 16 years of age who
1237	is a family or household member as defined in s. 741.28(3) with
1238	the victim or perpetrator, the subtotal sentence points are
1239	multiplied by 1.5.
1240	Section 23.  Paragraph (n) of subsection (5) of section
1241	921.141, Florida Statutes, is amended to read:
1242	921.141  Sentence of death or life imprisonment for capital
1243	felonies; further proceedings to determine sentence.--
1244	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
1245	shall be limited to the following:
1246	(n)  The capital felony was committed by a criminal street
1247	gang member, as defined in s. 874.03.
1248	Section 24.  Subsection (30) of section 984.03, Florida
1249	Statutes, is amended to read:
1250	984.03  Definitions.--When used in this chapter, the term:
1251	(30)  "Juvenile justice continuum" includes, but is not
1252	limited to, delinquency prevention programs and services
1253	designed for the purpose of preventing or reducing delinquent
1254	acts, including criminal activity by criminal youth gangs and
1255	juvenile arrests, as well as programs and services targeted at
1256	children who have committed delinquent acts, and children who
1257	have previously been committed to residential treatment programs
1258	for delinquents. The term includes children-in-need-of-services
1259	and families-in-need-of-services programs; conditional release;
1260	substance abuse and mental health programs; educational and
1261	vocational programs; recreational programs; community services
1262	programs; community service work programs; and alternative
1263	dispute resolution programs serving children at risk of
1264	delinquency and their families, whether offered or delivered by
1265	state or local governmental entities, public or private for-
1266	profit or not-for-profit organizations, or religious or
1267	charitable organizations.
1268	Section 25.  Paragraph (c) of subsection (15) and
1269	subsection (29) of section 985.03, Florida Statutes, are amended
1270	to read:
1271	985.03  Definitions.--As used in this chapter, the term:
1272	(15)
1273	(c)  "Delinquency prevention programs" means programs
1274	designed for the purpose of reducing the occurrence of
1275	delinquency, including criminal youth and street gang activity,
1276	and juvenile arrests. The term excludes arbitration,
1277	diversionary or mediation programs, and community service work
1278	or other treatment available subsequent to a child committing a
1279	delinquent act.
1280	(29)  "Juvenile justice continuum" includes, but is not
1281	limited to, delinquency prevention programs and services
1282	designed for the purpose of preventing or reducing delinquent
1283	acts, including criminal activity by criminal youth gangs, and
1284	juvenile arrests, as well as programs and services targeted at
1285	children who have committed delinquent acts, and children who
1286	have previously been committed to residential treatment programs
1287	for delinquents. The term includes children-in-need-of-services
1288	and families-in-need-of-services programs; conditional release;
1289	substance abuse and mental health programs; educational and
1290	career programs; recreational programs; community services
1291	programs; community service work programs; and alternative
1292	dispute resolution programs serving children at risk of
1293	delinquency and their families, whether offered or delivered by
1294	state or local governmental entities, public or private for-
1295	profit or not-for-profit organizations, or religious or
1296	charitable organizations.
1297	Section 26.  Paragraph (c) of subsection (1) of section
1298	985.047, Florida Statutes, is amended to read:
1299	985.047  Information systems.--
1300	(1)
1301	(c)  As used in this section, "a juvenile who is at risk of
1302	becoming a serious habitual juvenile offender" means a juvenile
1303	who has been adjudicated delinquent and who meets one or more of
1304	the following criteria:
1305	1.  Is arrested for a capital, life, or first degree felony
1306	offense or sexual battery.
1307	2.  Has five or more arrests, at least three of which are
1308	for felony offenses. Three of such arrests must have occurred
1309	within the preceding 12-month period.
1310	3.  Has 10 or more arrests, at least 2 of which are for
1311	felony offenses. Three of such arrests must have occurred within
1312	the preceding 12-month period.
1313	4.  Has four or more arrests, at least one of which is for
1314	a felony offense and occurred within the preceding 12-month
1315	period.
1316	5.  Has 10 or more arrests, at least 8 of which are for any
1317	of the following offenses:
1318	a.  Petit theft;
1319	b.  Misdemeanor assault;
1320	c.  Possession of a controlled substance;
1321	d.  Weapon or firearm violation; or
1322	e.  Substance abuse.
1323
1324	Four of such arrests must have occurred within the preceding 12-
1325	month period.
1326	6.  Meets at least one of the criteria for criminal youth
1327	and street gang membership.
1328	Section 27.  Paragraph (a) of subsection (6) and subsection
1329	(7) of section 985.433, Florida Statutes, are amended to read:
1330	985.433  Disposition hearings in delinquency cases.--When a
1331	child has been found to have committed a delinquent act, the
1332	following procedures shall be applicable to the disposition of
1333	the case:
1334	(6)  The first determination to be made by the court is a
1335	determination of the suitability or nonsuitability for
1336	adjudication and commitment of the child to the department. This
1337	determination shall include consideration of the recommendations
1338	of the department, which may include a predisposition report.
1339	The predisposition report shall include, whether as part of the
1340	child's multidisciplinary assessment, classification, and
1341	placement process components or separately, evaluation of the
1342	following criteria:
1343	(a)  The seriousness of the offense to the community. If
1344	the court determines under chapter 874 that the child was a
1345	member of a criminal street gang at the time of the commission
1346	of the offense, the seriousness of the offense to the community
1347	shall be given great weight.
1348
1349	It is the intent of the Legislature that the criteria set forth
1350	in this subsection are general guidelines to be followed at the
1351	discretion of the court and not mandatory requirements of
1352	procedure. It is not the intent of the Legislature to provide
1353	for the appeal of the disposition made under this section.
1354	(7)  If the court determines that the child should be
1355	adjudicated as having committed a delinquent act and should be
1356	committed to the department, such determination shall be in
1357	writing or on the record of the hearing. The determination shall
1358	include a specific finding of the reasons for the decision to
1359	adjudicate and to commit the child to the department, including
1360	any determination that the child was a member of a criminal
1361	street gang.
1362	(a)  The juvenile probation officer shall recommend to the
1363	court the most appropriate placement and treatment plan,
1364	specifically identifying the restrictiveness level most
1365	appropriate for the child. If the court has determined that the
1366	child was a member of a criminal street gang, that determination
1367	shall be given great weight in identifying the most appropriate
1368	restrictiveness level for the child. The court shall consider
1369	the department's recommendation in making its commitment
1370	decision.
1371	(b)  The court shall commit the child to the department at
1372	the restrictiveness level identified or may order placement at a
1373	different restrictiveness level. The court shall state for the
1374	record the reasons that establish by a preponderance of the
1375	evidence why the court is disregarding the assessment of the
1376	child and the restrictiveness level recommended by the
1377	department. Any party may appeal the court's findings resulting
1378	in a modified level of restrictiveness under this paragraph.
1379	(c)  The court may also require that the child be placed in
1380	a probation program following the child's discharge from
1381	commitment. Community-based sanctions under subsection (8) may
1382	be imposed by the court at the disposition hearing or at any
1383	time prior to the child's release from commitment.
1384	Section 28.  The Division of Statutory Revision is directed
1385	to redesignate the title of chapter 874, Florida Statutes, as
1386	"Organized Criminal Activity Enforcement and Prevention."
1387	Section 29.  This act shall take effect July 1, 2008.

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