CS/HB 43

1	A bill to be entitled
2	An act relating to criminal activity; amending s. 775.13,
3	F.S.; requiring certain felons whose offenses related to
4	criminal gangs to register; providing penalties; amending
5	s. 790.23, F.S.; providing penalties for certain persons
6	possessing a firearm; creating s. 790.231, F.S.;
7	prohibiting possession of bulletproof vests by certain
8	individuals; providing penalties; amending s. 823.05,
9	F.S.; revising provisions relating to the enjoining of
10	public nuisances to include certain nuisances related to
11	criminal gangs and criminal gang activities; providing for
12	enjoining such nuisances; providing for local laws;
13	amending s. 874.01, F.S.; revising a short title; amending
14	s. 874.02, F.S.; revising legislative findings and intent;
15	amending s. 874.03, F.S.; creating and revising
16	definitions; redefining "criminal street gangs" as
17	"criminal gangs"; amending s. 874.04, F.S.; conforming
18	provisions; revising an evidentiary standard; creating s.
19	874.045, F.S.; providing that chapter 874, F.S., does not
20	preclude arrest and prosecution under other specified
21	provisions; amending s. 874.05, F.S.; revising provisions
22	relating to soliciting or causing another to join a
23	criminal gang; amending s. 874.06, F.S.; authorizing the
24	state to bring civil actions for certain violations;
25	providing that a plaintiff has a superior claim to
26	property or proceeds; providing penalties for knowing
27	violation of certain orders; amending s. 874.08, F.S.;
28	conforming provisions relating to forfeiture; amending s.
29	874.09, F.S.; providing additional powers for the
30	Department of Law Enforcement and local law enforcement
31	agencies relating to crime data information; creating s.
32	874.10, F.S.; prohibiting persons from initiating,
33	organizing, planning, financing, directing, managing, or
34	supervising criminal gang-related activity; providing
35	penalties; creating s. 874.11, F.S.; prohibiting use of
36	electronic communications to further the interests of a
37	criminal gang; providing penalties; creating s. 874.12,
38	F.S.; defining the term "identification document";
39	prohibiting possession of certain identification documents
40	for specified purposes; providing penalties; creating s.
41	874.13, F.S.; prohibiting certain offenders from
42	committing gang-related crimes; providing penalties;
43	creating s. 874.14, F.S.; providing definitions; providing
44	for the suspension of driver's licenses for certain
45	offenses; amending s. 895.02, F.S.; adding certain
46	offenses to the definition of "racketeering activity";
47	conforming terminology to changes made by this act;
48	amending s. 903.046, F.S.; adding to the list of items a
49	court may consider when determining whether to release a
50	defendant on bail; amending s. 914.22, F.S.; revising the
51	penalties for tampering with or harassing witnesses;
52	amending s. 943.031, F.S.; revising provisions relating to
53	the Florida Violent Crime and Drug Control Council;
54	providing duties concerning criminal gangs; creating the
55	Drug Control Strategy and Criminal Gangs Committee;
56	providing for duties of the committee concerning funding
57	of certain programs; providing for reports; creating s.
58	948.033, F.S., prohibiting certain probationers or
59	community controllees from communicating with criminal
60	gang members; providing exceptions; amending s. 947.18,
61	F.S.; prohibiting certain parolees from communicating with
62	criminal gang members; providing exceptions; amending s.
63	947.1405, F.S.; prohibiting certain conditional releasees
64	from communicating with criminal gang members; providing
65	exceptions; amending s. 893.138, F.S.; conforming
66	terminology to changes made by this act; amending s.
67	921.0022, F.S.; adding offenses to the offense severity
68	ranking chart of the Criminal Punishment Code; conforming
69	terminology to changes made by this act; amending ss.
70	921.0024, 921.141, 943.325, 984.03, 985.03, 985.047, and
71	985.433, F.S.; conforming cross-references and terminology
72	to changes made by this act; providing a directive to the
73	Division of Statutory Revision; providing an effective
74	date.
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Subsections (2), (4), (5), (6), and (7) of
79	section 775.13, Florida Statutes, are amended to read:
80	775.13  Registration of convicted felons, exemptions;
81	penalties.--
82	(2)  Any person who has been convicted of a felony in any
83	court of this state shall, within 48 hours after entering any
84	county in this state, register with the sheriff of said county,
85	be fingerprinted and photographed, and list the crime for which
86	convicted, place of conviction, sentence imposed, if any, name,
87	aliases, if any, address, and occupation. If the felony
88	conviction is for an offense that was found, pursuant to s.
89	874.04, to have been committed for the purpose of benefiting,
90	promoting, or furthering the interests of a criminal gang, the
91	registrant shall identify himself or herself as such an
92	offender. The Department of Law Enforcement, in consultation
93	with appropriate local law enforcement agencies, may develop
94	standardized practices for the inclusion of gang affiliation at
95	the time of offender registration.
96	(4)  In lieu of registering with the sheriff as required by
97	this section, such registration may be made with the Department
98	of Law Enforcement, and is subject to the same terms and
99	conditions as required for registration with the sheriff.
100	(4)(5)  This section does not apply to an offender:
101	(a)  Who has had his or her civil rights restored;
102	(b)  Who has received a full pardon for the offense for
103	which convicted;
104	(c)  Who has been lawfully released from incarceration or
105	other sentence or supervision for a felony conviction for more
106	than 5 years prior to such time for registration, unless the
107	offender is a fugitive from justice on a felony charge or has
108	been convicted of any offense since release from such
109	incarceration or other sentence or supervision;
110	(d)  Who is a parolee or probationer under the supervision
111	of the United States Parole Commission if the commission knows
112	of and consents to the presence of the offender in Florida or is
113	a probationer under the supervision of any federal probation
114	officer in the state or who has been lawfully discharged from
115	such parole or probation;
116	(e)  Who is a sexual predator and has registered as
117	required under s. 775.21;
118	(f)  Who is a sexual offender and has registered as
119	required in s. 943.0435 or s. 944.607; or
120	(g)  Who is a career offender who has registered as
121	required in s. 775.261 or s. 944.609.
122	(5)(6)  The failure of any such convicted felon to comply
123	with this section:
124	(a)  With regard to any felon not listed in paragraph (b),
125	constitutes a misdemeanor of the second degree, punishable as
126	provided in s. 775.082 or s. 775.083.
127	(b)  With regard to any felon who has been found, pursuant
128	to s. 874.04, to have committed any offense for the purpose of
129	benefiting, promoting, or furthering the interests of a criminal
130	gang, constitutes a felony of the third degree, punishable as
131	provided in s. 775.082, s. 775.083, or s. 775.084.
132	(6)(7)  All laws and parts of laws in conflict herewith are
133	hereby repealed, provided that Nothing in this section shall be
134	construed to affect any law of this state relating to
135	registration of criminals where the penalties for registration,
136	notification, or reporting obligations are in addition to, or in
137	excess of, those imposed by this section.
138	Section 2.  Section 790.23, Florida Statutes, is amended to
139	read:
140	790.23  Felons and delinquents; possession of firearms,
141	ammunition, or electric weapons or devices unlawful.--
142	(1)  It is unlawful for any person to own or to have in his
143	or her care, custody, possession, or control any firearm,
144	ammunition, or electric weapon or device, or to carry a
145	concealed weapon, including a tear gas gun or chemical weapon or
146	device, if that person has been:
147	(a)  Convicted of a felony in the courts of this state;
148	(b)  Found, in the courts of this state, to have committed
149	a delinquent act that would be a felony if committed by an adult
150	and such person is under 24 years of age;
151	(c)  Convicted of or found to have committed a crime
152	against the United States which is designated as a felony;
153	(d)  Found to have committed a delinquent act in another
154	state, territory, or country that would be a felony if committed
155	by an adult and which was punishable by imprisonment for a term
156	exceeding 1 year and such person is under 24 years of age; or
157	(e)  Found guilty of an offense that is a felony in another
158	state, territory, or country and which was punishable by
159	imprisonment for a term exceeding 1 year.
160	(2)  This section shall not apply to a person convicted of
161	a felony whose civil rights and firearm authority have been
162	restored.
163	(3)  Except as otherwise provided in subsection (4), any
164	person who violates this section commits a felony of the second
165	degree, punishable as provided in s. 775.082, s. 775.083, or s.
166	775.084.
167	(4)  Notwithstanding the provisions of s. 874.04, if the
168	offense described in subsection (1) has been committed by a
169	person who has previously qualified or currently qualifies for
170	the penalty enhancements provided for in s. 874.04, the offense
171	is a felony of the first degree, punishable by a term of years
172	not exceeding life or as provided in s. 775.082, s. 775.083, or
173	s. 775.084.
174	Section 3.  Section 790.231, Florida Statutes, is created
175	to read:
176	790.231  Felons and delinquents; possession of bulletproof
177	vests.--
178	(1)  It is unlawful for any person to possess a bulletproof
179	vest, as defined in s. 775.0846, if he or she has been:
180	(a)  Convicted of a felony in the courts of this state;
181	(b)  Found, in the courts of this state, to have committed
182	a delinquent act that would be a felony if committed by an adult
183	and such person is under 24 years of age;
184	(c)  Convicted of or found to have committed a crime
185	against the United States which is designated as a felony;
186	(d)  Found to have committed a delinquent act in another
187	state, territory, or country that would be a felony if committed
188	by an adult and which was punishable by imprisonment for a term
189	exceeding 1 year and such person is under 24 years of age; or
190	(e)  Convicted of or found to have committed an offense
191	that is a felony in another state, territory, or country and
192	which was punishable by imprisonment for a term exceeding 1
193	year.
194	(f)  Found, pursuant to s. 874.04, to have committed any
195	offense for the purpose of benefiting, promoting, or furthering
196	the interests of a criminal gang.
197	(2)  This section shall not apply to the following:
198	(a)  Persons convicted of a felony whose civil rights and
199	firearm authority have been restored.
200	(b)  Persons authorized to possess a bulletproof vest by
201	law enforcement officials, prosecutorial authorities, or courts
202	for the purpose of aiding in the investigation of criminal
203	activity.
204	(3)  Any person who violates this section commits a felony
205	of the third degree, punishable as provided in s. 775.082, s.
206	775.083, or s. 775.084.
207	Section 4.  Section 823.05, Florida Statutes, is amended to
208	read:
209	823.05  Places and groups engaged in criminal gang-related
210	activity declared a nuisance; may be abated and enjoined.--
211	(1)  Whoever shall erect, establish, continue, or maintain,
212	own or lease any building, booth, tent or place which tends to
213	annoy the community or injure the health of the community, or
214	become manifestly injurious to the morals or manners of the
215	people as described in s. 823.01, or shall be frequented by the
216	class of persons mentioned in s. 856.02, or any house or place
217	of prostitution, assignation, lewdness or place or building
218	where games of chance are engaged in violation of law or any
219	place where any law of the state is violated, shall be deemed
220	guilty of maintaining a nuisance, and the building, erection,
221	place, tent or booth and the furniture, fixtures, and contents
222	are declared a nuisance. All such places or persons shall be
223	abated or enjoined as provided in ss. 60.05 and 60.06.
224	(2)(a)  As used in this subsection, the terms "criminal
225	gang," "criminal gang member," "criminal gang associate," and
226	"criminal gang-related activity" have the same meanings as
227	provided in s. 874.03.
228	(b)  A criminal gang, criminal gang member, or criminal
229	gang associate who engages in the commission of criminal gang-
230	related activity is a public nuisance. Any and all such persons
231	shall be abated or enjoined as provided in ss. 60.05 and 60.06.
232	(c)  The use of a location on two or more occasions by a
233	criminal gang, criminal gang members, or criminal gang
234	associates for the purpose of engaging in criminal gang-related
235	activity is a public nuisance. Such use of a location as a
236	public nuisance shall be abated or enjoined as provided in ss.
237	60.05 and 60.06.
238	(d)  Nothing in this subsection shall prevent a local
239	governing body from adopting and enforcing laws consistent with
240	this chapter relating to criminal gangs and gang violence. Where
241	local laws duplicate or supplement this chapter, this chapter
242	shall be construed as providing alternative remedies and not as
243	preempting the field.
244	(e)  The state, through the Department of Legal Affairs or
245	any state attorney, or any of the state's agencies,
246	instrumentalities, subdivisions, or municipalities having
247	jurisdiction over conduct in violation of a provision of this
248	chapter may institute civil proceedings under this subsection.
249	In any action brought under this subsection, the circuit court
250	shall proceed as soon as practicable to the hearing and
251	determination. Pending final determination, the circuit court
252	may at any time enter such injunctions, prohibitions, or
253	restraining orders, or take such actions, including the
254	acceptance of satisfactory performance bonds, as the court may
255	deem proper.
256	Section 5.  Section 874.01, Florida Statutes, is amended to
257	read:
258	874.01  Short title.--This chapter may be cited as the
259	"Criminal Street Gang Prevention Act of 1996."
260	Section 6.  Section 874.02, Florida Statutes, is amended to
261	read:
262	874.02  Legislative findings and intent.--
263	(1)  The Legislature finds that it is the right of every
264	person, regardless of race, color, creed, religion, national
265	origin, sex, age, sexual orientation, or handicap, to be secure
266	and protected from fear, intimidation, and physical harm caused
267	by the activities of criminal street gangs and their members. It
268	is not the intent of this chapter to interfere with the exercise
269	of the constitutionally protected rights of freedom of
270	expression and association. The Legislature recognizes the
271	constitutional right of every citizen to harbor and express
272	beliefs on any lawful subject whatsoever, to lawfully associate
273	with others who share similar beliefs, to petition lawfully
274	constituted authority for a redress of perceived grievances, and
275	to participate in the electoral process.
276	(2)  The Legislature finds, however, that the state is
277	facing a mounting crisis caused by criminal street gangs whose
278	members threaten and terrorize peaceful citizens and commit a
279	multitude of crimes. These criminal street gang activities, both
280	individually and collectively, present a clear and present
281	danger. Street gangs, terrorist organizations, and hate groups
282	have evolved into increasingly sophisticated and complex
283	organized crime groups in their criminal tactics, schemes, and
284	brutality. The state has a compelling interest in preventing
285	criminal street gang activity and halting the real and present
286	danger posed by the proliferation of criminal gangs and the
287	graduation from more primitive forms of criminal gangs to highly
288	sophisticated criminal gangs. For these reasons, and the
289	Legislature finds that the provisions of this chapter act are
290	essential necessary to maintain the public order and safety.
291	(3)  It is the intent of the Legislature to outlaw certain
292	conduct associated with the existence and proliferation of
293	criminal gangs, provide eradicate the terror created by criminal
294	street gangs and their members by providing enhanced criminal
295	penalties, and eliminate and by eliminating the patterns,
296	profits, proceeds, instrumentalities, and property facilitating
297	criminal street gang activity, including criminal street gang
298	recruitment.
299	(4)  The Legislature finds that the timely reporting and
300	exchange of criminal gang information facilitates the ability of
301	law enforcement agencies to monitor and anticipate criminal
302	activities of gangs and their members. Additionally, the timely
303	and standardized reporting of such criminal gang information
304	supports the identification of gang members via the criminal
305	justice information system and directly contributes to law
306	enforcement officers' safety. For these reasons, it is the
307	intent of the Legislature to encourage state and local law
308	enforcement agencies to facilitate the exchange of crime data
309	information through the statewide criminal gang database as
310	provided in s. 874.09.
311	Section 7.  Section 874.03, Florida Statutes, is amended to
312	read:
313	874.03  Definitions.--As used in this chapter:
314	(1)  "Criminal street gang" means a formal or informal
315	ongoing organization, association, or group that has as one of
316	its primary activities the commission of criminal or delinquent
317	acts, and that consists of three or more persons who have a
318	common name or common identifying signs, colors, or symbols,
319	including, but not limited to, terrorist organizations and hate
320	groups and have two or more members who, individually or
321	collectively, engage in or have engaged in a pattern of criminal
322	street gang activity.
323	(a)  As used in this subsection, "ongoing" means that the
324	organization was in existence during the time period charged in
325	a petition, information, indictment, or action for civil
326	injunctive relief.
327	(b)  As used in this subsection, "primary activities" means
328	that a criminal gang spends a substantial amount of time engaged
329	in such activity, although such activity need not be the only,
330	or even the most important activity, in which the criminal gang
331	engages.
332	(2)  "Criminal gang associate" means a person who:
333	(a)  Admits to criminal gang association; or
334	(b)  Meets any single defining criterion for criminal gang
335	membership described in subsection (3).
336	(3)(2)  "Criminal street gang member" is a person who is a
337	member of a criminal street gang as defined in subsection (1)
338	and who meets two or more of the following criteria:
339	(a)  Admits to criminal street gang membership.
340	(b)  Is identified as a criminal street gang member by a
341	parent or guardian.
342	(c)  Is identified as a criminal street gang member by a
343	documented reliable informant.
344	(d)  Adopts the style of dress of a criminal gang Resides
345	in or frequents a particular criminal street gang's area and
346	adopts their style of dress, their use of hand signs, or their
347	tattoos, and associates with known criminal street gang members.
348	(e)  Adopts the use of a hand sign identified as used by a
349	criminal gang.
350	(f)  Has a tattoo identified as used by a criminal gang.
351	(g)  Associates with one or more known criminal gang
352	members.
353	(h)(e)  Is identified as a criminal street gang member by
354	an informant of previously untested reliability and such
355	identification is corroborated by independent information.
356	(f)  Has been arrested more than once in the company of
357	identified criminal street gang members for offenses which are
358	consistent with usual criminal street gang activity.
359	(i)(g)  Is identified as a criminal street gang member by
360	physical evidence such as photographs or other documentation.
361	(j)(h)  Has been observed stopped in the company of one or
362	more known criminal street gang members four or more times.
363	Observation in a custodial setting requires a willful
364	association. It is the intent of the legislature to allow this
365	criterion to be used to identify gang members who recruit and
366	organize in jails, prisons, and other detention settings.
367	(k)  Has authored any communication indicating
368	responsibility for the commission of any crime by the criminal
369	gang.
370
371	Where a single act or factual transaction satisfies the
372	requirements of more than one of the criteria in this
373	subsection, each of those criteria has thereby been satisfied
374	for the purposes of the statute.
375	(3)  "Pattern of criminal street gang activity" means the
376	commission or attempted commission of, or solicitation or
377	conspiracy to commit, two or more felony or three or more
378	misdemeanor offenses, or one felony and two misdemeanor
379	offenses, or the comparable number of delinquent acts or
380	violations of law which would be felonies or misdemeanors if
381	committed by an adult, on separate occasions within a 3-year
382	period.
383	(4)  For purposes of law enforcement identification and
384	tracking only:
385	(a)  "criminal street gang associate" means a person who:
386	1.  Admits to criminal street gang association; or
387	2.  Meets any single defining criterion for criminal street
388	gang membership described in subsection (2).
389	(b)  "Gang-related incident" means an incident that, upon
390	investigation, meets any of the following conditions:
391	1.  The participants are identified as criminal street gang
392	members or criminal street gang associates, acting, individually
393	or collectively, to further any criminal purpose of the gang;
394	2.  A reliable informant identifies an incident as criminal
395	street gang activity; or
396	3.  an informant of previously untested reliability
397	identifies an incident as criminal street gang activity and it
398	is corroborated by independent information.
399	(4)  "Criminal gang-related activity" means:
400	(a)  An activity committed with the intent to benefit,
401	promote, or further the interests of a criminal gang, or for the
402	purposes of increasing a person's own standing or position
403	within a criminal gang;
404	(b)  An activity in which the participants are identified
405	as criminal gang members or criminal gang associates acting
406	individually or collectively to further any criminal purpose of
407	a criminal gang;
408	(c)  An activity that is identified as criminal gang
409	activity by a documented reliable informant; or
410	(d)  An activity that is identified as criminal gang
411	activity by an informant of previously untested reliability and
412	such identification is corroborated by independent information.
413	(5)  "Electronic communication" has the meaning provided in
414	s. 934.02 and includes, but is not limited to, photographs,
415	video, telephone communications, text messages, facsimile,
416	electronic mail messages as defined in s. 668.602, and instant
417	message real-time communications with other individuals through
418	the Internet or other means.
419	(6)  "Hate group" means an organization whose primary
420	purpose is to promote animosity, hostility, and malice against a
421	person or persons or against the property of a person or persons
422	because of race, religion, disability, sexual orientation,
423	ethnicity, or national origin.
424	(7)  "Terrorist organization" means any organized group
425	engaged in or organized for the purpose of engaging in terrorism
426	as defined in s. 775.30. This definition shall not be construed
427	to prevent prosecution under this chapter of individuals acting
428	alone.
429	Section 8.  Section 874.04, Florida Statutes, is amended to
430	read:
431	874.04  Gang-related offenses Criminal street gang
432	activity; enhanced penalties.--Upon a finding by the factfinder
433	court at sentencing that the defendant committed the charged
434	offense for the purpose of benefiting, promoting, or furthering
435	the interests of a criminal street gang, the penalty for any
436	felony or misdemeanor, or any delinquent act or violation of law
437	which would be a felony or misdemeanor if committed by an adult,
438	may be enhanced. Penalty enhancement affects the applicable
439	statutory maximum penalty only. Each of the findings required as
440	a basis for such sentence shall be found beyond a reasonable
441	doubt by a preponderance of the evidence. The enhancement will
442	be as follows:
443	(1)(a)  A misdemeanor of the second degree may be punished
444	as if it were a misdemeanor of the first degree.
445	(b)  A misdemeanor of the first degree may be punished as
446	if it were a felony of the third degree. For purposes of
447	sentencing under chapter 921 and determining incentive gain-time
448	eligibility under chapter 944, such offense is ranked in level 1
449	of the offense severity ranking chart. The criminal street gang
450	multiplier in s. 921.0024 does not apply to misdemeanors
451	enhanced under this paragraph.
452	(2)(a)  A felony of the third degree may be punished as if
453	it were a felony of the second degree.
454	(b)  A felony of the second degree may be punished as if it
455	were a felony of the first degree.
456	(c)  A felony of the first degree may be punished as if it
457	were a life felony.
458
459	For purposes of sentencing under chapter 921 and determining
460	incentive gain-time eligibility under chapter 944, such felony
461	offense is ranked as provided in s. 921.0022 or s. 921.0023, and
462	without regard to the penalty enhancement in this subsection.
463	For purposes of this section, penalty enhancement affects the
464	applicable statutory maximum penalty only.
465	Section 9.  Section 874.045, Florida Statutes, is created
466	to read:
467	874.045  Arrest and prosecution under other
468	provisions.--Nothing in this chapter shall prohibit the arrest
469	and prosecution of a criminal gang member under chapter 876,
470	chapter 895, chapter 896, s. 893.20, or any other applicable
471	provision of law except to the extent otherwise prohibited
472	pursuant to a statutory or constitutional provision.
473	Section 10.  Section 874.05, Florida Statutes, is amended
474	to read:
475	874.05  Causing, encouraging, soliciting, or recruiting
476	criminal street gang membership.--
477	(1)  Except as provided in subsection (2), a person who
478	intentionally causes, encourages, solicits, or recruits another
479	person to become a criminal gang member where join a criminal
480	street gang that requires as a condition of membership or
481	continued membership is the commission of any crime commits a
482	felony of the third degree, punishable as provided in s.
483	775.082, s. 775.083, or s. 775.084.
484	(2)  A person who commits Upon a second or subsequent
485	violation offense, the person commits a felony of the second
486	degree, punishable as provided in s. 775.082, s. 775.083, or s.
487	775.084.
488	Section 11.  Section 874.06, Florida Statutes, is amended
489	to read:
490	874.06  Civil cause of action.--
491	(1)  A person or organization establishing, by clear and
492	convincing evidence, coercion, intimidation, threats, or other
493	harm to that person or organization in violation of this chapter
494	has a civil cause of action for treble damages, an injunction,
495	or any other appropriate relief in law or equity. Upon
496	prevailing, the plaintiff may recover reasonable attorney's fees
497	in the trial and appellate courts and the costs of investigation
498	and litigation that are reasonably incurred and costs.
499	(2)(a)  For purposes of this subsection, the term "state"
500	includes any of the state's agencies, instrumentalities,
501	subdivisions, or municipalities, and includes, but is not
502	limited to, state attorneys and the Office of Statewide
503	Prosecution of the Department of Legal Affairs.
504	(b)  In addition to any remedies provided for by ss. 60.05
505	and 823.05, the state has a civil cause of action against any
506	person or organization if it proves by clear and convincing
507	evidence that it has been injured by reason of a violation of
508	this chapter by the person or organization. The state has a
509	civil cause of action for treble damages, injunctive relief, or
510	any other relief in law or equity which the court deems
511	appropriate. If the state prevails, it may also recover
512	attorney's fees in the trial and appellate courts and the costs
513	of investigation and litigation that are reasonably incurred.
514	The state may not recover punitive damages. The defendant is
515	entitled to recover reasonable attorney's fees and court costs
516	if the court finds that the state raised a claim that was
517	without factual or legal support and was vexatious, frivolous,
518	or brought in bad faith.
519	(3)  A prevailing plaintiff under subsection (1) has a
520	right or claim that is superior to any right or claim that the
521	state has in the same property or proceeds.
522	(4)  A person who knowingly violates a temporary or
523	permanent order issued under this section or s. 60.05 commits a
524	misdemeanor of the first degree, punishable as provided in s.
525	775.082 or s. 775.083.
526	Section 12.  Section 874.08, Florida Statutes, is amended
527	to read:
528	874.08  Criminal gang activity and Profits, proceeds, and
529	instrumentalities of criminal street gangs or criminal street
530	gang recruitment; forfeiture.--All profits, proceeds, and
531	instrumentalities of criminal street gang activity and all
532	property used or intended or attempted to be used to facilitate
533	the criminal activity of any criminal street gang or of any
534	criminal street gang member; and all profits, proceeds, and
535	instrumentalities of criminal street gang recruitment and all
536	property used or intended or attempted to be used to facilitate
537	criminal street gang recruitment are subject to seizure and
538	forfeiture under the Florida Contraband Forfeiture Act, s.
539	932.704.
540	Section 13.  Section 874.09, Florida Statutes, is amended
541	to read:
542	874.09  Crime data information.--
543	(1)  The Department of Law Enforcement may:
544	(a)  Develop and manage a statewide criminal street gang
545	database to facilitate the exchange of information pursuant to
546	the intent and purpose of this chapter.
547	(b)  Notify all law enforcement agencies that reports of
548	criminal gang members or associates shall be entered into the
549	database as soon as the minimum level of data specified by the
550	department is available to the reporting agency and no waiting
551	period for the entry of that data exists.
552	(c)  Compile and retain information regarding criminal
553	gangs and their members and associates in a manner that allows
554	the information to be used by law enforcement and other agencies
555	deemed appropriate for investigative purposes.
556	(d)  Compile and maintain a data repository relating to
557	criminal gangs and their members and associates in order to
558	develop and improve techniques used by law enforcement agencies
559	and prosecutors in the investigation, apprehension, and
560	prosecution of members and affiliates of criminal gangs.
561	(2)  Local law enforcement agencies may:
562	(a)  After carrying out any arrest of any individual who
563	they believe is a member or associate of a criminal gang, create
564	or update that individual's electronic file within the database.
565	(b)  Notify the prosecutor of the accused individual's
566	suspected criminal gang membership or associate status.
567	Section 14.  Section 874.10, Florida Statutes, is created
568	to read:
569	874.10  Directing the activities of a criminal gang.--Any
570	person who initiates, organizes, plans, finances, directs,
571	manages, or supervises criminal gang-related activity commits a
572	felony of the first degree, punishable by imprisonment for a
573	term of years not exceeding life or as provided in s. 775.082,
574	s. 775.083, or s. 775.084.
575	Section 15.  Section 874.11, Florida Statutes, is created
576	to read:
577	874.11  Electronic communication.--Any person who, for the
578	purpose of benefiting, promoting, or furthering the interests of
579	a criminal gang, uses electronic communication to intimidate or
580	harass other persons, or to advertise his or her presence in the
581	community, including, but not limited to, such activities as
582	distributing, selling, transmitting, or posting on the Internet
583	any audio, video, or still image of criminal activity, commits a
584	felony of the third degree, punishable as provided in s.
585	775.082, s. 775.083, or s. 775.084.
586	Section 16.  Section 874.12, Florida Statutes, is created
587	to read:
588	874.12  Identification documents; unlawful possession or
589	creation.--
590	(1)  For purposes of this section, the term "identification
591	document" includes, but is not limited to, a social security
592	card or number, a birth certificate, a driver's license, an
593	identification card issued pursuant to s. 322.051, a
594	naturalization certificate, an alien registration number, a
595	passport, and any access credentials for a publicly operated
596	facility or an infrastructure facility covered under 18 U.S.C.
597	s. 2332f.
598	(2)  Any person possessing or manufacturing any blank,
599	forged, stolen, fictitious, fraudulent, counterfeit, or
600	otherwise unlawfully issued identification document for the
601	purpose of benefiting, promoting, or furthering the interests of
602	a criminal gang commits a felony of the second degree,
603	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
604	Section 17.  Section 874.13, Florida Statutes, is created
605	to read:
606	874.13  Commission of a gang-related offense by a habitual
607	felony offender.--Any person who qualifies as a habitual felony
608	offender under s. 775.084 and who thereafter commits an offense
609	that was found, pursuant to s. 874.04, to have been committed
610	for the purpose of benefiting, promoting, or furthering the
611	interests of a criminal gang, commits a felony of the first
612	degree, punishable by a term of years not exceeding life or as
613	provided in s. 775.082, s. 775.083, or s. 775.084.
614	Section 18.  Section 874.14, Florida Statutes, is created
615	to read:
616	874.14  Suspension of driver's license.--
617	(1)  For purposes of this section:
618	(a)  "Department" means the Department of Highway Safety
619	and Motor Vehicles.
620	(b)  "Convicted" means a determination of guilt that is the
621	result of a trial or the entry of a plea of guilty or nolo
622	contendere, regardless of whether adjudication is withheld.
623	(2)  In addition to any other penalty provided by law, the
624	court shall order the suspension of the driver's license of each
625	person convicted or adjudicated delinquent of any offense
626	contained in this chapter and of any person who has been found
627	to have committed any offense for the purpose of benefiting,
628	promoting, or furthering the interests of a criminal gang
629	pursuant to s. 874.04. Upon ordering the suspension of the
630	driver's license, the court shall forward the driver's license
631	to the department in accordance with s. 322.25.
632	(a)  The first suspension of a driver's license under this
633	subsection shall be for a period of 6 months.
634	(b)  A second or subsequent suspension of a driver's
635	license under this subsection shall be for 1 year.
636	(3)  A court that suspends a driver's license pursuant to
637	subsection (2) shall, if the person is sentenced to a term of
638	incarceration, direct the department to commence the suspension
639	of the person's driver's license upon the person's release from
640	incarceration.
641	(4)  A person whose driver's license has been suspended
642	under subsection (2) is eligible for issuance of a license for
643	business or employment purposes only under s. 322.271 if the
644	person is otherwise eligible for the driving privilege.
645	Section 19.  Paragraph (a) of subsection (1) and subsection
646	(3) of section 895.02, Florida Statutes, are amended to read:
647	895.02  Definitions.--As used in ss. 895.01-895.08, the
648	term:
649	(1)  "Racketeering activity" means to commit, to attempt to
650	commit, to conspire to commit, or to solicit, coerce, or
651	intimidate another person to commit:
652	(a)  Any crime that is chargeable by petition, indictment,
653	or information under the following provisions of the Florida
654	Statutes:
655	1.  Section 210.18, relating to evasion of payment of
656	cigarette taxes.
657	2.  Section 316.1935, relating to fleeing or attempting to
658	elude a law enforcement officer and aggravated feeling or
659	eluding.
660	3.2.  Section 403.727(3)(b), relating to environmental
661	control.
662	4.3.  Section 409.920 or s. 409.9201, relating to Medicaid
663	fraud.
664	5.4.  Section 414.39, relating to public assistance fraud.
665	6.5.  Section 440.105 or s. 440.106, relating to workers'
666	compensation.
667	7.6.  Section 443.071(4), relating to creation of a
668	fictitious employer scheme to commit unemployment compensation
669	fraud.
670	8.7.  Section 465.0161, relating to distribution of
671	medicinal drugs without a permit as an Internet pharmacy.
672	9.8.  Sections 499.0051, 499.0052, 499.00535, 499.00545,
673	and 499.0691, relating to crimes involving contraband and
674	adulterated drugs.
675	10.9.  Part IV of chapter 501, relating to telemarketing.
676	11.10.  Chapter 517, relating to sale of securities and
677	investor protection.
678	12.11.  Section 550.235, s. 550.3551, or s. 550.3605,
679	relating to dogracing and horseracing.
680	13.12.  Chapter 550, relating to jai alai frontons.
681	14.13.  Section 551.109, relating to slot machine gaming.
682	15.14.  Chapter 552, relating to the manufacture,
683	distribution, and use of explosives.
684	16.15.  Chapter 560, relating to money transmitters, if the
685	violation is punishable as a felony.
686	17.16.  Chapter 562, relating to beverage law enforcement.
687	18.17.  Section 624.401, relating to transacting insurance
688	without a certificate of authority, s. 624.437(4)(c)1., relating
689	to operating an unauthorized multiple-employer welfare
690	arrangement, or s. 626.902(1)(b), relating to representing or
691	aiding an unauthorized insurer.
692	19.18.  Section 655.50, relating to reports of currency
693	transactions, when such violation is punishable as a felony.
694	20.19.  Chapter 687, relating to interest and usurious
695	practices.
696	21.20.  Section 721.08, s. 721.09, or s. 721.13, relating
697	to real estate timeshare plans.
698	22.  Section 775.13(5)(b), relating to registration of
699	persons found to have committed any offense for the purpose of
700	benefiting, promoting, or furthering the interests of a criminal
701	gang.
702	23.  Section 777.03, relating to commission of crimes by
703	accessories after the fact.
704	24.21.  Chapter 782, relating to homicide.
705	25.22.  Chapter 784, relating to assault and battery.
706	26.23.  Chapter 787, relating to kidnapping or human
707	trafficking.
708	27.24.  Chapter 790, relating to weapons and firearms.
709	28.  Chapter 794, relating to sexual battery, but only if
710	such crime was committed with the intent to benefit, promote, or
711	further the interests of a criminal gang, or for the purpose of
712	increasing a criminal gang member's own standing or position
713	within a criminal gang.
714	29.25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
715	s. 796.05, or s. 796.07, relating to prostitution and sex
716	trafficking.
717	30.26.  Chapter 806, relating to arson and criminal
718	mischief.
719	31.27.  Chapter 810 Section 810.02(2)(c), relating to
720	specified burglary and trespass of a dwelling or structure.
721	32.28.  Chapter 812, relating to theft, robbery, and
722	related crimes.
723	33.29.  Chapter 815, relating to computer-related crimes.
724	34.30.  Chapter 817, relating to fraudulent practices,
725	false pretenses, fraud generally, and credit card crimes.
726	35.31.  Chapter 825, relating to abuse, neglect, or
727	exploitation of an elderly person or disabled adult.
728	36.32.  Section 827.071, relating to commercial sexual
729	exploitation of children.
730	37.33.  Chapter 831, relating to forgery and
731	counterfeiting.
732	38.34.  Chapter 832, relating to issuance of worthless
733	checks and drafts.
734	39.35.  Section 836.05, relating to extortion.
735	40.36.  Chapter 837, relating to perjury.
736	41.37.  Chapter 838, relating to bribery and misuse of
737	public office.
738	42.38.  Chapter 843, relating to obstruction of justice.
739	43.39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
740	or s. 847.07, relating to obscene literature and profanity.
741	44.40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
742	s. 849.25, relating to gambling.
743	45.41.  Chapter 874, relating to criminal street gangs.
744	46.42.  Chapter 893, relating to drug abuse prevention and
745	control.
746	47.43.  Chapter 896, relating to offenses related to
747	financial transactions.
748	48.44.  Sections 914.22 and 914.23, relating to tampering
749	with or harassing a witness, victim, or informant, and
750	retaliation against a witness, victim, or informant.
751	49.45.  Sections 918.12 and 918.13, relating to tampering
752	with jurors and evidence.
753	(3)  "Enterprise" means any individual, sole
754	proprietorship, partnership, corporation, business trust, union
755	chartered under the laws of this state, or other legal entity,
756	or any unchartered union, association, or group of individuals
757	associated in fact although not a legal entity; and it includes
758	illicit as well as licit enterprises and governmental, as well
759	as other, entities. A criminal street gang, as defined in s.
760	874.03, constitutes an enterprise.
761	Section 20.  Subsection (2) of section 903.046, Florida
762	Statutes, is amended to read:
763	903.046  Purpose of and criteria for bail determination.--
764	(2)  When determining whether to release a defendant on
765	bail or other conditions, and what that bail or those conditions
766	may be, the court shall consider:
767	(a)  The nature and circumstances of the offense charged.
768	(b)  The weight of the evidence against the defendant.
769	(c)  The defendant's family ties, length of residence in
770	the community, employment history, financial resources, and
771	mental condition.
772	(d)  The defendant's past and present conduct, including
773	any record of convictions, previous flight to avoid prosecution,
774	or failure to appear at court proceedings. However, any
775	defendant who had failed to appear on the day of any required
776	court proceeding in the case at issue, but who had later
777	voluntarily appeared or surrendered, shall not be eligible for a
778	recognizance bond; and any defendant who failed to appear on the
779	day of any required court proceeding in the case at issue and
780	who was later arrested shall not be eligible for a recognizance
781	bond or for any form of bond which does not require a monetary
782	undertaking or commitment equal to or greater than $2,000 or
783	twice the value of the monetary commitment or undertaking of the
784	original bond, whichever is greater. Notwithstanding anything in
785	this section, the court has discretion in determining conditions
786	of release if the defendant proves circumstances beyond his or
787	her control for the failure to appear. This section may not be
788	construed as imposing additional duties or obligations on a
789	governmental entity related to monetary bonds.
790	(e)  The nature and probability of danger which the
791	defendant's release poses to the community.
792	(f)  The source of funds used to post bail or procure an
793	appearance bond, particularly whether the proffered funds, real
794	property, property, or any proposed collateral or bond premium
795	may be linked to or derived from the crime alleged to have been
796	committed or from any other criminal or illicit activities. The
797	burden of establishing the noninvolvement in or nonderivation
798	from criminal or other illicit activity of such proffered funds,
799	real property, property, or any proposed collateral or bond
800	premium falls upon the defendant or other person proffering them
801	to obtain the defendant's release.
802	(g)  Whether the defendant is already on release pending
803	resolution of another criminal proceeding or on probation,
804	parole, or other release pending completion of a sentence.
805	(h)  The street value of any drug or controlled substance
806	connected to or involved in the criminal charge. It is the
807	finding and intent of the Legislature that crimes involving
808	drugs and other controlled substances are of serious social
809	concern, that the flight of defendants to avoid prosecution is
810	of similar serious social concern, and that frequently such
811	defendants are able to post monetary bail using the proceeds of
812	their unlawful enterprises to defeat the social utility of
813	pretrial bail. Therefore, the courts should carefully consider
814	the utility and necessity of substantial bail in relation to the
815	street value of the drugs or controlled substances involved.
816	(i)  The nature and probability of intimidation and danger
817	to victims.
818	(j)  Whether there is probable cause to believe that the
819	defendant committed a new crime while on pretrial release.
820	(k)  Any other facts that the court considers relevant.
821	(l)  Whether the crime charged is a violation of chapter
822	874 or alleged to be subject to enhanced punishment under
823	chapter 874. If any such violation is charged against a
824	defendant or if the defendant is charged with a crime that is
825	alleged to be subject to such enhancement, he or she shall not
826	be eligible for release on bail or surety bond until the first
827	appearance on the case in order to ensure the full participation
828	of the prosecutor and the protection of the public.
829	Section 21.  Section 914.22, Florida Statutes, is amended
830	to read:
831	914.22  Tampering with or harassing a witness, victim, or
832	informant; penalties.--
833	(1)  A person who knowingly uses intimidation or physical
834	force, or threatens another person, or attempts to do so, or
835	engages in misleading conduct toward another person, or offers
836	pecuniary benefit or gain to another person, with intent to
837	cause or induce any person to:
838	(a)  Withhold testimony, or withhold a record, document, or
839	other object, from an official investigation or official
840	proceeding;
841	(b)  Alter, destroy, mutilate, or conceal an object with
842	intent to impair the integrity or availability of the object for
843	use in an official investigation or official proceeding;
844	(c)  Evade legal process summoning that person to appear as
845	a witness, or to produce a record, document, or other object, in
846	an official investigation or an official proceeding;
847	(d)  Be absent from an official proceeding to which such
848	person has been summoned by legal process;
849	(e)  Hinder, delay, or prevent the communication to a law
850	enforcement officer or judge of information relating to the
851	commission or possible commission of an offense or a violation
852	of a condition of probation, parole, or release pending a
853	judicial proceeding; or
854	(f)  Testify untruthfully in an official investigation or
855	an official proceeding,
856
857	commits the crime of tampering with a witness, victim, or
858	informant a felony of the third degree, punishable as provided
859	in s. 775.082, s. 775.083, or s. 775.084.
860	(2)  Tampering with a witness, victim, or informant is a:
861	(a)  Felony of the third degree, punishable as provided in
862	s. 775.082, s. 775.083, or s. 775.084, where the official
863	investigation or official proceeding affected involves the
864	investigation or prosecution of a misdemeanor.
865	(b)  Felony of the second degree, punishable as provided in
866	s. 775.082, s. 775.083, or s. 775.084, where the official
867	investigation or official proceeding affected involves the
868	investigation or prosecution of a third degree felony.
869	(c)  Felony of the first degree, punishable as provided in
870	s. 775.082, s. 775.083, or s. 775.084, where the official
871	investigation or official proceeding affected involves the
872	investigation or prosecution of a second degree felony.
873	(d)  Felony of the first degree, punishable by a term of
874	years not exceeding life or as provided in s. 775.082, s.
875	775.083, or s. 775.084, where the official investigation or
876	official proceeding affected involves the investigation or
877	prosecution of a first degree felony or a first degree felony
878	punishable by a term of years not exceeding life.
879	(e)  Life felony, punishable as provided in s. 775.082, s.
880	775.083, or s. 775.084, where the official investigation or
881	official proceeding affected involves the investigation or
882	prosecution of a life or capital felony.
883	(f)  Felony of the third degree, punishable as provided in
884	s. 775.082, s. 775.083, or s. 775.084, where the offense level
885	of the affected official investigation or official proceeding is
886	indeterminable or where the affected official investigation or
887	official proceeding involves a noncriminal investigation or
888	proceeding.
889	(3)(2)  Whoever intentionally harasses another person and
890	thereby hinders, delays, prevents, or dissuades any person from:
891	(a)  Attending or testifying in an official proceeding or
892	cooperating in an official investigation;
893	(b)  Reporting to a law enforcement officer or judge the
894	commission or possible commission of an offense or a violation
895	of a condition of probation, parole, or release pending a
896	judicial proceeding;
897	(c)  Arresting or seeking the arrest of another person in
898	connection with an offense; or
899	(d)  Causing a criminal prosecution, or a parole or
900	probation revocation proceeding, to be sought or instituted, or
901	from assisting in such prosecution or proceeding;
902
903	or attempts to do so, commits the crime of harassing a witness,
904	victim, or informant is guilty of a misdemeanor of the first
905	degree, punishable as provided in s. 775.082 or s. 775.083.
906	(4)  Harassing a witness, victim, or informant is a:
907	(a)  Misdemeanor of the first degree, punishable as
908	provided in s. 775.082 or s. 775.083, where the official
909	investigation or official proceeding affected involves the
910	investigation or prosecution of a misdemeanor.
911	(b)  Felony of the third degree, punishable as provided in
912	s. 775.082, s. 775.083, or s. 775.084, where the official
913	investigation or official proceeding affected involves the
914	investigation or prosecution of a third degree felony.
915	(c)  Felony of the second degree, punishable as provided in
916	s. 775.082, s. 775.083, or s. 775.084, where the official
917	investigation or official proceeding affected involves the
918	investigation or prosecution of a second degree felony.
919	(d)  Felony of the first degree, punishable as provided in
920	s. 775.082, s. 775.083, or s. 775.084, where the official
921	investigation or official proceeding affected involves the
922	investigation or prosecution of a first degree felony.
923	(e)  Felony of the first degree, punishable by a term of
924	years not exceeding life or as provided in s. 775.082, s.
925	775.083, or s. 775.084, where the official investigation or
926	official proceeding affected involves the investigation or
927	prosecution of a felony of the first degree punishable by a term
928	of years not exceeding life or a prosecution of a life or
929	capital felony.
930	(f)  Felony of the third degree, punishable as provided in
931	s. 775.082, s. 775.083, or s. 775.084, where the offense level
932	of the affected official investigation or official proceeding is
933	indeterminable or where the affected official investigation or
934	official proceeding involves a noncriminal investigation or
935	proceeding.
936	(5)(3)  For the purposes of this section:
937	(a)  An official proceeding need not be pending or about to
938	be instituted at the time of the offense; and
939	(b)  The testimony or the record, document, or other object
940	need not be admissible in evidence or free of a claim of
941	privilege.
942	(6)(4)  In a prosecution for an offense under this section,
943	no state of mind need be proved with respect to the
944	circumstance:
945	(a)  That the official proceeding before a judge, court,
946	grand jury, or government agency is before a judge or court of
947	the state, a state or local grand jury, or a state agency; or
948	(b)  That the judge is a judge of the state or that the law
949	enforcement officer is an officer or employee of the state or a
950	person authorized to act for or on behalf of the state or
951	serving the state as an adviser or consultant.
952	Section 22.  Section 943.031, Florida Statutes, is amended
953	to read:
954	943.031  Florida Violent Crime and Drug Control Council.--
955	(1)  FINDINGS.--The Legislature finds that there is a need
956	to develop and implement a statewide strategy to address violent
957	criminal activity, including crimes committed by criminal gangs,
958	and drug control efforts by state and local law enforcement
959	agencies, including investigations of illicit money laundering.
960	In recognition of this need, the Florida Violent Crime and Drug
961	Control Council is created within the department. The council
962	shall serve in an advisory capacity to the department.
963	(2)(1)  MEMBERSHIP.--The council shall consist of 14
964	members, as follows:
965	(a)  The Attorney General or a designate.
966	(b)  A designate of the executive director of the
967	Department of Law Enforcement.
968	(c)  The secretary of the Department of Corrections or a
969	designate.
970	(d)  The Secretary of Juvenile Justice or a designate.
971	(e)  The Commissioner of Education or a designate.
972	(f)  The president of the Florida Network of Victim/Witness
973	Services, Inc., or a designate.
974	(g)  The director of the Office of Drug Control within the
975	Executive Office of the Governor, or a designate.
976	(h)  The Chief Financial Officer, or a designate.
977	(i)  Six members appointed by the Governor, consisting of
978	two sheriffs, two chiefs of police, one medical examiner, and
979	one state attorney or their designates.
980
981	The Governor, when making appointments under this subsection,
982	must take into consideration representation by geography,
983	population, ethnicity, and other relevant factors to ensure that
984	the membership of the council is representative of the state at
985	large. Designates appearing on behalf of a council member who is
986	unable to attend a meeting of the council are empowered to vote
987	on issues before the council to the same extent the designating
988	council member is so empowered.
989	(3)(2)  TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
990	STAFF.--
991	(a)  Members appointed by the Governor shall be appointed
992	for terms of 2 years. The other members are standing members of
993	the council. In no event shall a member serve beyond the time he
994	or she ceases to hold the office or employment which was the
995	basis for appointment to the council. In the event of a vacancy,
996	an appointment to fill the vacancy shall be only for the
997	unexpired term.
998	(b)  The Legislature finds that the council serves a
999	legitimate state, county, and municipal purpose and that service
1000	on the council is consistent with a member's principal service
1001	in a public office or employment. Membership on the council does
1002	not disqualify a member from holding any other public office or
1003	being employed by a public entity, except that no member of the
1004	Legislature shall serve on the council.
1005	(c)  The members of the council shall elect a chair and a
1006	vice chair every 2 years, to serve for a 2-year term. As deemed
1007	appropriate, other officers may be elected by the members.
1008	(d)  Members of the council or their designates shall serve
1009	without compensation but are entitled to reimbursement for per
1010	diem and travel expenses pursuant to s. 112.061. Reimbursements
1011	made pursuant to this paragraph may be paid from either the
1012	Violent Crime Investigative Emergency and Drug Control Strategy
1013	Implementation Account within the Department of Law Enforcement
1014	Operating Trust Fund or from other appropriations provided to
1015	the department by the Legislature in the General Appropriations
1016	Act.
1017	(e)  The department shall provide the council with staff
1018	necessary to assist the council in the performance of its
1019	duties.
1020	(4)(3)  MEETINGS.--The council must meet at least
1021	semiannually. Additional meetings may be held when it is
1022	determined by the chair that extraordinary circumstances require
1023	an additional meeting of the council. A majority of the members
1024	of the council constitutes a quorum.
1025	(5)(4)  DUTIES OF COUNCIL.--The council shall provide
1026	advice and make recommendations, as necessary, to the executive
1027	director of the department.
1028	(a)  The council may advise the executive director on the
1029	feasibility of undertaking initiatives which include, but are
1030	not limited to, the following:
1031	1.  Establishing a program which provides grants to
1032	criminal justice agencies that develop and implement effective
1033	violent crime prevention and investigative programs and which
1034	provides grants to law enforcement agencies for the purpose of
1035	drug control, criminal gang, and illicit money laundering
1036	investigative efforts or task force efforts that are determined
1037	by the council to significantly contribute to achieving the
1038	state's goal of reducing drug-related crime as articulated by
1039	the Office of Drug Control, that represent significant criminal
1040	gang investigative efforts, that represent a significant illicit
1041	money laundering investigative effort, or that otherwise
1042	significantly support statewide strategies developed by the
1043	Statewide Drug Policy Advisory Council established under s.
1044	397.333, subject to the limitations provided in this section.
1045	The grant program may include an innovations grant program to
1046	provide startup funding for new initiatives by local and state
1047	law enforcement agencies to combat violent crime or to implement
1048	drug control, criminal gang, or illicit money laundering
1049	investigative efforts or task force efforts by law enforcement
1050	agencies, including, but not limited to, initiatives such as:
1051	a.  Providing enhanced community-oriented policing.
1052	b.  Providing additional undercover officers and other
1053	investigative officers to assist with violent crime
1054	investigations in emergency situations.
1055	c.  Providing funding for multiagency or statewide drug
1056	control, criminal gang, or illicit money laundering
1057	investigative efforts or task force efforts that cannot be
1058	reasonably funded completely by alternative sources and that
1059	significantly contribute to achieving the state's goal of
1060	reducing drug-related crime as articulated by the Office of Drug
1061	Control, that represent significant criminal gang investigative
1062	efforts, that represent a significant illicit money laundering
1063	investigative effort, or that otherwise significantly support
1064	statewide strategies developed by the Statewide Drug Policy
1065	Advisory Council established under s. 397.333.
1066	2.  Expanding the use of automated fingerprint
1067	identification systems at the state and local level.
1068	3.  Identifying methods to prevent violent crime.
1069	4.  Identifying methods to enhance multiagency or statewide
1070	drug control, criminal gang, or illicit money laundering
1071	investigative efforts or task force efforts that significantly
1072	contribute to achieving the state's goal of reducing drug-
1073	related crime as articulated by the Office of Drug Control, that
1074	represent significant criminal gang investigative efforts, that
1075	represent a significant illicit money laundering investigative
1076	effort, or that otherwise significantly support statewide
1077	strategies developed by the Statewide Drug Policy Advisory
1078	Council established under s. 397.333.
1079	5.  Enhancing criminal justice training programs which
1080	address violent crime, drug control, or illicit money laundering
1081	investigative techniques, or efforts to control and eliminate
1082	criminal gangs.
1083	6.  Developing and promoting crime prevention services and
1084	educational programs that serve the public, including, but not
1085	limited to:
1086	a.  Enhanced victim and witness counseling services that
1087	also provide crisis intervention, information referral,
1088	transportation, and emergency financial assistance.
1089	b.  A well-publicized rewards program for the apprehension
1090	and conviction of criminals who perpetrate violent crimes.
1091	7.  Enhancing information sharing and assistance in the
1092	criminal justice community by expanding the use of community
1093	partnerships and community policing programs. Such expansion may
1094	include the use of civilian employees or volunteers to relieve
1095	law enforcement officers of clerical work in order to enable the
1096	officers to concentrate on street visibility within the
1097	community.
1098	(b)  The full council shall:
1099	1.  Receive periodic reports from regional violent crime
1100	investigation and statewide drug control strategy implementation
1101	coordinating teams which relate to violent crime trends or the
1102	investigative needs or successes in the regions, including
1103	discussions regarding the activity of significant criminal gangs
1104	in the region, factors, and trends relevant to the
1105	implementation of the statewide drug strategy, and the results
1106	of drug control and illicit money laundering investigative
1107	efforts funded in part by the council.
1108	2.  Maintain and use utilize criteria for the disbursement
1109	of funds from the Violent Crime Investigative Emergency and Drug
1110	Control Strategy Implementation Account or any other account
1111	from which the council may disburse proactive investigative
1112	funds as may be established within the Department of Law
1113	Enforcement Operating Trust Fund or other appropriations
1114	provided to the Department of Law Enforcement by the Legislature
1115	in the General Appropriations Act. The criteria shall allow for
1116	the advancement of funds to reimburse agencies regarding violent
1117	crime investigations as approved by the full council and the
1118	advancement of funds to implement proactive drug control
1119	strategies or significant criminal gang investigative efforts as
1120	authorized by the Drug Control Strategy and Criminal Gang
1121	Committee or the Victim and Witness Protection Review Committee.
1122	Regarding violent crime investigation reimbursement, an
1123	expedited approval procedure shall be established for rapid
1124	disbursement of funds in violent crime emergency situations.
1125	(c)  As used in this section, "significant criminal gang
1126	investigative efforts" eligible for proactive funding must
1127	involve at a minimum an effort against a known criminal gang
1128	that:
1129	1.  Involves multiple law enforcement agencies.
1130	2.  Reflects a dedicated significant investigative effort
1131	on the part of each participating agency in personnel, time
1132	devoted to the investigation, and agency resources dedicated to
1133	the effort.
1134	3.  Reflects a dedicated commitment by a prosecuting
1135	authority to ensure that cases developed by the investigation
1136	will be timely and effectively prosecuted.
1137	4.  Demonstrates a strategy and commitment to dismantling
1138	the criminal gang via seizures of assets, significant money
1139	laundering and organized crime investigations and prosecutions,
1140	or similar efforts.
1141
1142	The council may require satisfaction of additional elements, to
1143	include reporting criminal investigative and criminal
1144	intelligence information related to criminal gang activity and
1145	members in a manner required by the department, as a
1146	prerequisite for receiving proactive criminal gang funding.
1147	(6)  DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.--
1148	(a)  The Drug Control Strategy and Criminal Gang Committee
1149	is created within the Florida Violent Crime and Drug Control
1150	Council, consisting of the following council members:
1151	1.  The Attorney General or a designate.
1152	2.  The designate of the executive director of the
1153	Department of Law Enforcement.
1154	3.  The secretary of the Department of Corrections or a
1155	designate.
1156	4.  The director of the Office of Drug Control within the
1157	Executive Office of the Governor or a designate.
1158	5.  The state attorney, the two sheriffs, and the two
1159	chiefs of police, or their designates.
1160	(b)  The committee shall
1161	3.  review and approve all requests for disbursement of
1162	funds from the Violent Crime Investigative Emergency and Drug
1163	Control Strategy Implementation Account within the Department of
1164	Law Enforcement Operating Trust Fund and from other
1165	appropriations provided to the department by the Legislature in
1166	the General Appropriations Act. An expedited approval procedure
1167	shall be established for rapid disbursement of funds in violent
1168	crime emergency situations.
1169	(c)  Those receiving any proactive funding provided by the
1170	council through the committee shall be required to report the
1171	results of the investigations to the council once the
1172	investigation has been completed. The committee shall also
1173	require ongoing status reports on ongoing investigations using
1174	such findings in its closed sessions.
1175	(7)(5)  REPORTS.--The council shall report annually on its
1176	activities, on or before December 30 of each calendar year, to
1177	the executive director, the President of the Senate, the Speaker
1178	of the House of Representatives, and the chairs of the Senate
1179	and House committees having principal jurisdiction over criminal
1180	law. Comments and responses of the executive director to the
1181	report are to be included.
1182	(8)(6)  VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--
1183	(a)  The Victim and Witness Protection Review Committee is
1184	created within the Florida Violent Crime and Drug Control
1185	Council, consisting of the statewide prosecutor or a state
1186	attorney, a sheriff, a chief of police, and the designee of the
1187	executive director of the Department of Law Enforcement. The
1188	committee shall be appointed from the membership of the council
1189	by the chair of the council after the chair has consulted with
1190	the executive director of the Department of Law Enforcement.
1191	Committee members shall meet in conjunction with the meetings of
1192	the council.
1193	(b)  The committee shall:
1194	1.  Maintain and use utilize criteria for disbursing funds
1195	to reimburse law enforcement agencies for costs associated with
1196	providing victim and witness protective or temporary relocation
1197	services.
1198	2.  Review and approve or deny, in whole or in part, all
1199	reimbursement requests submitted by law enforcement agencies.
1200	(c)  The lead law enforcement agency providing victim or
1201	witness protective or temporary relocation services pursuant to
1202	the provisions of s. 914.25 may submit a request for
1203	reimbursement to the Victim and Witness Protection Review
1204	Committee in a format approved by the committee. The lead law
1205	enforcement agency shall submit such reimbursement request on
1206	behalf of all law enforcement agencies that cooperated in
1207	providing protective or temporary relocation services related to
1208	a particular criminal investigation or prosecution. As part of
1209	the reimbursement request, the lead law enforcement agency must
1210	indicate how any reimbursement proceeds will be distributed
1211	among the agencies that provided protective or temporary
1212	relocation services.
1213	(d)  The committee, in its discretion, may use funds
1214	available to the committee to provide all or partial
1215	reimbursement to the lead law enforcement agency for such costs,
1216	or may decline to provide any reimbursement.
1217	(e)  The committee may conduct its meeting by
1218	teleconference or conference phone calls when the chair of the
1219	committee finds that the need for reimbursement is such that
1220	delaying until the next scheduled council meeting will adversely
1221	affect the requesting agency's ability to provide the protection
1222	services.
1223	(9)(7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
1224	MEETINGS AND RECORDS.--
1225	(a)  The Legislature finds that during limited portions of
1226	the meetings of the Florida Violent Crime and Drug Control
1227	Council it is necessary that the council be presented with and
1228	discuss details, information, and documents related to active
1229	criminal investigations or matters constituting active criminal
1230	intelligence, as those concepts are defined by s. 119.011. These
1231	presentations and discussions are necessary for the council to
1232	make its funding decisions as required by the Legislature. The
1233	Legislature finds that to reveal the contents of documents
1234	containing active criminal investigative or intelligence
1235	information or to allow active criminal investigative or active
1236	criminal intelligence matters to be discussed in a meeting open
1237	to the public negatively impacts the ability of law enforcement
1238	agencies to efficiently continue their investigative or
1239	intelligence gathering activities. The Legislature finds that
1240	information coming before the council that pertains to active
1241	criminal investigations or intelligence should remain
1242	confidential and exempt from public disclosure. The Legislature
1243	finds that the Florida Violent Crime and Drug Control Council
1244	may, by declaring only those portions of council meetings in
1245	which active criminal investigative or active criminal
1246	intelligence information is to be presented or discussed closed
1247	to the public, assure an appropriate balance between the policy
1248	of this state that meetings be public and the policy of this
1249	state to facilitate efficient law enforcement efforts.
1250	(b)  The Florida Violent Crime and Drug Control Council
1251	shall be considered a "criminal justice agency" within the
1252	definition of s. 119.011(4).
1253	(c)1.  The Florida Violent Crime and Drug Control Council
1254	may close portions of meetings during which the council will
1255	hear or discuss active criminal investigative information or
1256	active criminal intelligence information, and such portions of
1257	meetings shall be exempt from the provisions of s. 286.011 and
1258	s. 24(b), Art. I of the State Constitution, provided that the
1259	following conditions are met:
1260	a.  The chair of the council shall advise the council at a
1261	public meeting that, in connection with the performance of a
1262	council duty, it is necessary that the council hear or discuss
1263	active criminal investigative information or active criminal
1264	intelligence information.
1265	b.  The chair's declaration of necessity for closure and
1266	the specific reasons for such necessity shall be stated in
1267	writing in a document that shall be a public record and shall be
1268	filed with the official records of the council.
1269	c.  The entire closed session shall be recorded. The
1270	recording shall include the times of commencement and
1271	termination of the closed session, all discussion and
1272	proceedings, and the names of all persons present. No portion of
1273	the session shall be off the record. Such recording shall be
1274	maintained by the council.
1275	2.  Only members of the council, Department of Law
1276	Enforcement staff supporting the council's function, and other
1277	persons whose presence has been authorized by the chair of the
1278	council shall be allowed to attend the exempted portions of the
1279	council meetings. The council shall assure that any closure of
1280	its meetings as authorized by this section is limited so that
1281	the general policy of this state in favor of public meetings is
1282	maintained.
1283	(d)  A tape recording of, and any minutes and notes
1284	generated during, that portion of a Florida Violent Crime and
1285	Drug Control Council meeting which is closed to the public
1286	pursuant to this section are confidential and exempt from s.
1287	119.07(1) and s. 24(a), Art. I of the State Constitution until
1288	such time as the criminal investigative information or criminal
1289	intelligence information ceases to be active.
1290	Section 23.  Section 948.033, Florida Statutes, is created
1291	to read:
1292	948.033  Condition of probation or community control;
1293	criminal gang.--Effective for a probationer or community
1294	controllee whose crime was committed on or after October 1,
1295	2008, and who has been found to have committed the crime for the
1296	purpose of benefiting, promoting, or furthering the interests of
1297	criminal gang, the court shall, in addition to any other
1298	conditions imposed, impose a condition prohibiting the
1299	probationer or community controllee from knowingly associating
1300	with other criminal gang members or associates, except as
1301	authorized by law enforcement officials, prosecutorial
1302	authorities, or the court, for the purpose of aiding in the
1303	investigation of criminal activity.
1304	Section 24.  Section 947.18, Florida Statutes, is amended
1305	to read:
1306	947.18  Conditions of parole.--No person shall be placed on
1307	parole merely as a reward for good conduct or efficient
1308	performance of duties assigned in prison. No person shall be
1309	placed on parole until and unless the commission finds that
1310	there is reasonable probability that, if the person is placed on
1311	parole, he or she will live and conduct himself or herself as a
1312	respectable and law-abiding person and that the person's release
1313	will be compatible with his or her own welfare and the welfare
1314	of society. No person shall be placed on parole unless and until
1315	the commission is satisfied that he or she will be suitably
1316	employed in self-sustaining employment or that he or she will
1317	not become a public charge. The commission shall determine the
1318	terms upon which such person shall be granted parole. If the
1319	person's conviction was for a controlled substance violation,
1320	one of the conditions must be that the person submit to random
1321	substance abuse testing intermittently throughout the term of
1322	supervision, upon the direction of the correctional probation
1323	officer as defined in s. 943.10(3). In addition to any other
1324	lawful condition of parole, the commission may make the payment
1325	of the debt due and owing to the state under s. 960.17 or the
1326	payment of the attorney's fees and costs due and owing to the
1327	state under s. 938.29 a condition of parole subject to
1328	modification based on change of circumstances. If the person's
1329	conviction was for a crime that was found to have been committed
1330	for the purpose of benefiting, promoting, or furthering the
1331	interests of a criminal gang, one of the conditions must be that
1332	the person be prohibited from knowingly associating with other
1333	criminal gang members or associates, except as authorized by law
1334	enforcement officials, prosecutorial authorities, or the court,
1335	for the purpose of aiding in the investigation of criminal
1336	activity.
1337	Section 25.  Subsection (11) is added to section 947.1405,
1338	Florida Statutes, to read:
1339	947.1405  Conditional release program.--
1340	(11)  Effective for a releasee whose crime was committed on
1341	or after October 1, 2008, and who has been found to have
1342	committed the crime for the purpose of benefiting, promoting, or
1343	furthering the interests of a criminal gang, the commission
1344	shall, in addition to any other conditions imposed, impose a
1345	condition prohibiting the releasee from knowingly associating
1346	with other criminal gang members or associates, except as
1347	authorized by law enforcement officials, prosecutorial
1348	authorities, or the court, for the purpose of aiding in the
1349	investigation of criminal activity.
1350	Section 26.  Paragraph (d) of subsection (2) of section
1351	893.138, Florida Statutes, is amended to read:
1352	893.138  Local administrative action to abate drug-related,
1353	prostitution-related, or stolen-property-related public
1354	nuisances and criminal street gang activity.--
1355	(2)  Any place or premises that has been used:
1356	(d)  By a criminal street gang for the purpose of
1357	conducting a pattern of criminal street gang activity as defined
1358	by s. 874.03; or
1359
1360	may be declared to be a public nuisance, and such nuisance may
1361	be abated pursuant to the procedures provided in this section.
1362	Section 27.  Paragraphs (d), (e), and (g) of subsection (3)
1363	of section 921.0022, Florida Statutes, are amended to read:
1364	921.0022  Criminal Punishment Code; offense severity
1365	ranking chart.--
1366	(3)  OFFENSE SEVERITY RANKING CHART
1367	(d)  LEVEL 4
1368
	FloridaStatute FelonyDegree Description
1369
	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.
1370
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
1371
	499.0051(2) 3rd Failure to authenticate pedigree papers.
1372
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
1373
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
1374
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1375
	784.075 3rd Battery on detention or commitment facility staff.
1376
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1377
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1378
	784.081(3) 3rd Battery on specified official or employee.
1379
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
1380
	784.083(3) 3rd Battery on code inspector.
1381
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1382
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1383
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1384
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1385
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1386
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1387
	790.115(2)(c) 3rd Possessing firearm on school property.
1388
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1389
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1390
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1391
	810.06 3rd Burglary; possession of tools.
1392
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1393
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1394
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
1395
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1396
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1397
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
1398
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
1399
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1400
	837.02(1) 3rd Perjury in official proceedings.
1401
	837.021(1) 3rd Make contradictory statements in official proceedings.
1402
	838.022 3rd Official misconduct.
1403
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1404
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
1405
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
1406
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1407
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1408
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
1409
	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).
1410
	914.14(2) 3rd Witnesses accepting bribes.
1411
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1412
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1413
	918.12 3rd Tampering with jurors.
1414
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1415
1416	(e)  LEVEL 5
1417
	FloridaStatute FelonyDegree Description
1418
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
1419
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
1420
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1421
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1422
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1423
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
1424
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
1425
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
1426
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
1427
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
1428
	790.01(2) 3rd Carrying a concealed firearm.
1429
	790.162 2nd Threat to throw or discharge destructive device.
1430
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
1431
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1432
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
1433
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
1434
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
1435
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1436
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1437
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
1438
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
1439
	812.131(2)(b) 3rd Robbery by sudden snatching.
1440
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
1441
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1442
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1443
	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.
1444
	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.
1445
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
1446
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1447
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1448
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
1449
	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.
1450
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
1451
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
1452
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1453
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
1454
	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).
1455
	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.
1456
	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.
1457
	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.
1458
	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.
1459
	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).
1460
1461	(g)  LEVEL 7
1462
	FloridaStatute FelonyDegree Description
1463
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1464
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1465
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; 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.
1466
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1467
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1468
	409.920(2) 3rd Medicaid provider fraud.
1469
	456.065(2) 3rd Practicing a health care profession without a license.
1470
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1471
	458.327(1) 3rd Practicing medicine without a license.
1472
	459.013(1) 3rd Practicing osteopathic medicine without a license.
1473
	460.411(1) 3rd Practicing chiropractic medicine without a license.
1474
	461.012(1) 3rd Practicing podiatric medicine without a license.
1475
	462.17 3rd Practicing naturopathy without a license.
1476
	463.015(1) 3rd Practicing optometry without a license.
1477
	464.016(1) 3rd Practicing nursing without a license.
1478
	465.015(2) 3rd Practicing pharmacy without a license.
1479
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1480
	467.201 3rd Practicing midwifery without a license.
1481
	468.366 3rd Delivering respiratory care services without a license.
1482
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1483
	483.901(9) 3rd Practicing medical physics without a license.
1484
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1485
	484.053 3rd Dispensing hearing aids without a license.
1486
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1487
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
1488
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1489
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1490
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
1491
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1492
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1493
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1494
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1495
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1496
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1497
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1498
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1499
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1500
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1501
	784.048(7) 3rd Aggravated stalking; violation of court order.
1502
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1503
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1504
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1505
	784.081(1) 1st Aggravated battery on specified official or employee.
1506
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1507
	784.083(1) 1st Aggravated battery on code inspector.
1508
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1509
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
1510
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1511
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1512
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1513
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1514
	790.23 1st Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1515
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
1516
	796.03 2nd Procuring any person under 16 years for prostitution.
1517
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1518
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
1519
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
1520
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1521
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1522
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1523
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1524
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1525
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1526
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1527
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1528
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1529
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1530
	812.131(2)(a) 2nd Robbery by sudden snatching.
1531
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1532
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1533
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1534
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1535
	817.2341(2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
1536
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1537
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
1538
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1539
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1540
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1541
	838.015 2nd Bribery.
1542
	838.016 2nd Unlawful compensation or reward for official behavior.
1543
	838.021(3)(a) 2nd Unlawful harm to a public servant.
1544
	838.22 2nd Bid tampering.
1545
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1546
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1547
	872.06 2nd Abuse of a dead human body.
1548
	874.10 1st Directing the activities of a criminal gang.
1549
	874.13 1st Commission of a gang-related offense by a habitual felony offender.
1550
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1551
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
1552
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1553
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1554
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1555
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1556
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1557
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1558
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1559
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1560
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1561
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1562
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1563
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1564
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1565
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1566
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1567
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1568
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1569
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1570
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1571
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1572
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1573
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1574
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1575
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1576
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1577
1578	Section 28.  Subsection (1) of section 921.0024, Florida
1579	Statutes, is amended to read:
1580	921.0024  Criminal Punishment Code; worksheet computations;
1581	scoresheets.--
1582	(1)(a)  The Criminal Punishment Code worksheet is used to
1583	compute the subtotal and total sentence points as follows:
1584
1585	FLORIDA CRIMINAL PUNISHMENT CODE
1586	WORKSHEET
1587
1588	OFFENSE SCORE
1589
1590	Primary Offense
1591
	Level Sentence Points Total
1592
1593
	10 116 = _____
1594
	9 92 = _____
1595
	8 74 = _____
1596
	7 56 = _____
1597
	6 36 = _____
1598
	5 28 = _____
1599
	4 22 = _____
1600
	3 16 = _____
1601
	2 10 = _____
1602
	1 4 = _____
1603
1604
	Total
1605
1606	Additional Offenses
1607
	Level Sentence Points Counts Total
1608
1609
	10 58 x _____ = _____
1610
	9 46 x _____ = _____
1611
	8 37 x _____ = _____
1612
	7 28 x _____ = _____
1613
	6 18 x _____ = _____
1614
	5 5.4 x _____ = _____
1615
	4 3.6 x _____ = _____
1616
	3 2.4 x _____ = _____
1617
	2 1.2 x _____ = _____
1618
	1 0.7 x _____ = _____
1619
	M 0.2 x _____ = _____
1620
1621
	Total
1622
1623	Victim Injury
1624
	Level Sentence Points Number Total
1625
1626
	2nd degree   murder-  death 240 x _____ = _____
1627
	Death 120 x _____ = _____
1628
	Severe 40 x _____ = _____
1629
	Moderate 18 x _____ = _____
1630
	Slight 4 x _____ = _____
1631
	Sexual  penetration 80 x _____ = _____
1632
	Sexual contact 40 x _____ = _____
1633
1634
	Total
1635
1636	Primary Offense + Additional Offenses + Victim Injury =
1637	TOTAL OFFENSE SCORE
1638
1639	PRIOR RECORD SCORE
1640
1641	Prior Record
1642
	Level Sentence Points Number Total
1643
1644
	10 29 x _____ = _____
1645
	9 23 x _____ = _____
1646
	8 19 x _____ = _____
1647
	7 14 x _____ = _____
1648
	6 9 x _____ = _____
1649
	5 3.6 x _____ = _____
1650
	4 2.4 x _____ = _____
1651
	3 1.6 x _____ = _____
1652
	2 0.8 x _____ = _____
1653
	1 0.5 x _____ = _____
1654
	M 0.2 x _____ = _____
1655
1656
	Total
1657
1658	TOTAL OFFENSE SCORE
1659	TOTAL PRIOR RECORD SCORE
1660
1661	LEGAL STATUS
1662	COMMUNITY SANCTION VIOLATION
1663	PRIOR SERIOUS FELONY
1664	PRIOR CAPITAL FELONY
1665	FIREARM OR SEMIAUTOMATIC WEAPON
1666	SUBTOTAL__________
1667
1668	PRISON RELEASEE REOFFENDER (no)(yes)
1669	VIOLENT CAREER CRIMINAL (no)(yes)
1670	HABITUAL VIOLENT OFFENDER (no)(yes)
1671	HABITUAL OFFENDER (no)(yes)
1672	DRUG TRAFFICKER (no)(yes) (x multiplier)
1673	LAW ENF. PROTECT. (no)(yes) (x multiplier)
1674	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
1675	CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1676	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
1677	(x multiplier)
1678
1679	TOTAL SENTENCE POINTS__________
1680
1681	(b)  WORKSHEET KEY:
1682
1683	Legal status points are assessed when any form of legal status
1684	existed at the time the offender committed an offense before the
1685	court for sentencing. Four (4) sentence points are assessed for
1686	an offender's legal status.
1687
1688	Community sanction violation points are assessed when a
1689	community sanction violation is before the court for sentencing.
1690	Six (6) sentence points are assessed for each community sanction
1691	violation and each successive community sanction violation,
1692	unless any of the following apply:
1693	1.  If the community sanction violation includes a new
1694	felony conviction before the sentencing court, twelve (12)
1695	community sanction violation points are assessed for the
1696	violation, and for each successive community sanction violation
1697	involving a new felony conviction.
1698	2.  If the community sanction violation is committed by a
1699	violent felony offender of special concern as defined in s.
1700	948.06:
1701	a.  Twelve (12) community sanction violation points are
1702	assessed for the violation and for each successive violation of
1703	felony probation or community control where:
1704	(I)  The violation does not include a new felony
1705	conviction; and
1706	(II)  The community sanction violation is not based solely
1707	on the probationer or offender's failure to pay costs or fines
1708	or make restitution payments.
1709	b.  Twenty-four (24) community sanction violation points
1710	are assessed for the violation and for each successive violation
1711	of felony probation or community control where the violation
1712	includes a new felony conviction.
1713
1714	Multiple counts of community sanction violations before the
1715	sentencing court shall not be a basis for multiplying the
1716	assessment of community sanction violation points.
1717
1718	Prior serious felony points: If the offender has a primary
1719	offense or any additional offense ranked in level 8, level 9, or
1720	level 10, and one or more prior serious felonies, a single
1721	assessment of thirty (30) points shall be added. For purposes of
1722	this section, a prior serious felony is an offense in the
1723	offender's prior record that is ranked in level 8, level 9, or
1724	level 10 under s. 921.0022 or s. 921.0023 and for which the
1725	offender is serving a sentence of confinement, supervision, or
1726	other sanction or for which the offender's date of release from
1727	confinement, supervision, or other sanction, whichever is later,
1728	is within 3 years before the date the primary offense or any
1729	additional offense was committed.
1730
1731	Prior capital felony points: If the offender has one or more
1732	prior capital felonies in the offender's criminal record, points
1733	shall be added to the subtotal sentence points of the offender
1734	equal to twice the number of points the offender receives for
1735	the primary offense and any additional offense. A prior capital
1736	felony in the offender's criminal record is a previous capital
1737	felony offense for which the offender has entered a plea of nolo
1738	contendere or guilty or has been found guilty; or a felony in
1739	another jurisdiction which is a capital felony in that
1740	jurisdiction, or would be a capital felony if the offense were
1741	committed in this state.
1742
1743	Possession of a firearm, semiautomatic firearm, or machine gun:
1744	If the offender is convicted of committing or attempting to
1745	commit any felony other than those enumerated in s. 775.087(2)
1746	while having in his or her possession: a firearm as defined in
1747	s. 790.001(6), an additional eighteen (18) sentence points are
1748	assessed; or if the offender is convicted of committing or
1749	attempting to commit any felony other than those enumerated in
1750	s. 775.087(3) while having in his or her possession a
1751	semiautomatic firearm as defined in s. 775.087(3) or a machine
1752	gun as defined in s. 790.001(9), an additional twenty-five (25)
1753	sentence points are assessed.
1754
1755	Sentencing multipliers:
1756
1757	Drug trafficking: If the primary offense is drug trafficking
1758	under s. 893.135, the subtotal sentence points are multiplied,
1759	at the discretion of the court, for a level 7 or level 8
1760	offense, by 1.5. The state attorney may move the sentencing
1761	court to reduce or suspend the sentence of a person convicted of
1762	a level 7 or level 8 offense, if the offender provides
1763	substantial assistance as described in s. 893.135(4).
1764
1765	Law enforcement protection: If the primary offense is a
1766	violation of the Law Enforcement Protection Act under s.
1767	775.0823(2), (3), or (4), the subtotal sentence points are
1768	multiplied by 2.5. If the primary offense is a violation of s.
1769	775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
1770	are multiplied by 2.0. If the primary offense is a violation of
1771	s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
1772	Protection Act under s. 775.0823(10) or (11), the subtotal
1773	sentence points are multiplied by 1.5.
1774
1775	Grand theft of a motor vehicle: If the primary offense is grand
1776	theft of the third degree involving a motor vehicle and in the
1777	offender's prior record, there are three or more grand thefts of
1778	the third degree involving a motor vehicle, the subtotal
1779	sentence points are multiplied by 1.5.
1780
1781	Offense related to a criminal street gang: If the offender is
1782	convicted of the primary offense and committed that offense for
1783	the purpose of benefiting, promoting, or furthering the
1784	interests of a criminal street gang as prohibited under s.
1785	874.04, the subtotal sentence points are multiplied by 1.5.
1786
1787	Domestic violence in the presence of a child: If the offender is
1788	convicted of the primary offense and the primary offense is a
1789	crime of domestic violence, as defined in s. 741.28, which was
1790	committed in the presence of a child under 16 years of age who
1791	is a family or household member as defined in s. 741.28(3) with
1792	the victim or perpetrator, the subtotal sentence points are
1793	multiplied by 1.5.
1794	Section 29.  Paragraph (n) of subsection (5) of section
1795	921.141, Florida Statutes, is amended to read:
1796	921.141  Sentence of death or life imprisonment for capital
1797	felonies; further proceedings to determine sentence.--
1798	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
1799	shall be limited to the following:
1800	(n)  The capital felony was committed by a criminal street
1801	gang member, as defined in s. 874.03.
1802	Section 30.  Paragraph (c) of subsection (10) of section
1803	943.325, Florida Statutes, is amended to read:
1804	943.325  Blood or other biological specimen testing for DNA
1805	analysis.--
1806	(10)
1807	(c)  Any person previously convicted of an offense
1808	specified in this section, or a crime which, if committed in
1809	this state, would be an offense specified in this section, and
1810	who is also subject to the registration requirement imposed by
1811	s. 775.13, shall be subject to the collection requirement of
1812	this section when the appropriate agency described in this
1813	section verifies the identification information of the person.
1814	The collection requirement of this section does not apply to a
1815	person as described in s. 775.13(4)(5).
1816	Section 31.  Subsection (30) of section 984.03, Florida
1817	Statutes, is amended to read:
1818	984.03  Definitions.--When used in this chapter, the term:
1819	(30)  "Juvenile justice continuum" includes, but is not
1820	limited to, delinquency prevention programs and services
1821	designed for the purpose of preventing or reducing delinquent
1822	acts, including criminal activity by criminal youth gangs and
1823	juvenile arrests, as well as programs and services targeted at
1824	children who have committed delinquent acts, and children who
1825	have previously been committed to residential treatment programs
1826	for delinquents. The term includes children-in-need-of-services
1827	and families-in-need-of-services programs; conditional release;
1828	substance abuse and mental health programs; educational and
1829	vocational programs; recreational programs; community services
1830	programs; community service work programs; and alternative
1831	dispute resolution programs serving children at risk of
1832	delinquency and their families, whether offered or delivered by
1833	state or local governmental entities, public or private for-
1834	profit or not-for-profit organizations, or religious or
1835	charitable organizations.
1836	Section 32.  Paragraph (c) of subsection (15) and
1837	subsection (29) of section 985.03, Florida Statutes, are amended
1838	to read:
1839	985.03  Definitions.--As used in this chapter, the term:
1840	(15)
1841	(c)  "Delinquency prevention programs" means programs
1842	designed for the purpose of reducing the occurrence of
1843	delinquency, including criminal youth and street gang activity,
1844	and juvenile arrests. The term excludes arbitration,
1845	diversionary or mediation programs, and community service work
1846	or other treatment available subsequent to a child committing a
1847	delinquent act.
1848	(29)  "Juvenile justice continuum" includes, but is not
1849	limited to, delinquency prevention programs and services
1850	designed for the purpose of preventing or reducing delinquent
1851	acts, including criminal activity by criminal youth gangs, and
1852	juvenile arrests, as well as programs and services targeted at
1853	children who have committed delinquent acts, and children who
1854	have previously been committed to residential treatment programs
1855	for delinquents. The term includes children-in-need-of-services
1856	and families-in-need-of-services programs; conditional release;
1857	substance abuse and mental health programs; educational and
1858	career programs; recreational programs; community services
1859	programs; community service work programs; and alternative
1860	dispute resolution programs serving children at risk of
1861	delinquency and their families, whether offered or delivered by
1862	state or local governmental entities, public or private for-
1863	profit or not-for-profit organizations, or religious or
1864	charitable organizations.
1865	Section 33.  Paragraph (c) of subsection (1) of section
1866	985.047, Florida Statutes, is amended to read:
1867	985.047  Information systems.--
1868	(1)
1869	(c)  As used in this section, "a juvenile who is at risk of
1870	becoming a serious habitual juvenile offender" means a juvenile
1871	who has been adjudicated delinquent and who meets one or more of
1872	the following criteria:
1873	1.  Is arrested for a capital, life, or first degree felony
1874	offense or sexual battery.
1875	2.  Has five or more arrests, at least three of which are
1876	for felony offenses. Three of such arrests must have occurred
1877	within the preceding 12-month period.
1878	3.  Has 10 or more arrests, at least 2 of which are for
1879	felony offenses. Three of such arrests must have occurred within
1880	the preceding 12-month period.
1881	4.  Has four or more arrests, at least one of which is for
1882	a felony offense and occurred within the preceding 12-month
1883	period.
1884	5.  Has 10 or more arrests, at least 8 of which are for any
1885	of the following offenses:
1886	a.  Petit theft;
1887	b.  Misdemeanor assault;
1888	c.  Possession of a controlled substance;
1889	d.  Weapon or firearm violation; or
1890	e.  Substance abuse.
1891
1892	Four of such arrests must have occurred within the preceding 12-
1893	month period.
1894	6.  Meets at least one of the criteria for criminal youth
1895	and street gang membership.
1896	Section 34.  Paragraph (a) of subsection (6) and subsection
1897	(7) of section 985.433, Florida Statutes, are amended to read:
1898	985.433  Disposition hearings in delinquency cases.--When a
1899	child has been found to have committed a delinquent act, the
1900	following procedures shall be applicable to the disposition of
1901	the case:
1902	(6)  The first determination to be made by the court is a
1903	determination of the suitability or nonsuitability for
1904	adjudication and commitment of the child to the department. This
1905	determination shall include consideration of the recommendations
1906	of the department, which may include a predisposition report.
1907	The predisposition report shall include, whether as part of the
1908	child's multidisciplinary assessment, classification, and
1909	placement process components or separately, evaluation of the
1910	following criteria:
1911	(a)  The seriousness of the offense to the community. If
1912	the court determines under chapter 874 that the child was a
1913	member of a criminal street gang at the time of the commission
1914	of the offense, the seriousness of the offense to the community
1915	shall be given great weight.
1916
1917	It is the intent of the Legislature that the criteria set forth
1918	in this subsection are general guidelines to be followed at the
1919	discretion of the court and not mandatory requirements of
1920	procedure. It is not the intent of the Legislature to provide
1921	for the appeal of the disposition made under this section.
1922	(7)  If the court determines that the child should be
1923	adjudicated as having committed a delinquent act and should be
1924	committed to the department, such determination shall be in
1925	writing or on the record of the hearing. The determination shall
1926	include a specific finding of the reasons for the decision to
1927	adjudicate and to commit the child to the department, including
1928	any determination that the child was a member of a criminal
1929	street gang.
1930	(a)  The juvenile probation officer shall recommend to the
1931	court the most appropriate placement and treatment plan,
1932	specifically identifying the restrictiveness level most
1933	appropriate for the child. If the court has determined that the
1934	child was a member of a criminal street gang, that determination
1935	shall be given great weight in identifying the most appropriate
1936	restrictiveness level for the child. The court shall consider
1937	the department's recommendation in making its commitment
1938	decision.
1939	(b)  The court shall commit the child to the department at
1940	the restrictiveness level identified or may order placement at a
1941	different restrictiveness level. The court shall state for the
1942	record the reasons that establish by a preponderance of the
1943	evidence why the court is disregarding the assessment of the
1944	child and the restrictiveness level recommended by the
1945	department. Any party may appeal the court's findings resulting
1946	in a modified level of restrictiveness under this paragraph.
1947	(c)  The court may also require that the child be placed in
1948	a probation program following the child's discharge from
1949	commitment. Community-based sanctions under subsection (8) may
1950	be imposed by the court at the disposition hearing or at any
1951	time prior to the child's release from commitment.
1952	Section 35.  The Division of Statutory Revision is directed
1953	to redesignate the title of chapter 874, Florida Statutes, as
1954	"Criminal Gang Enforcement and Prevention."
1955	Section 36.  This act shall take effect October 1, 2008.

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