_h0043c2

CS/CS/HB 43

A bill to be entitled

An act relating to criminal activity; amending s. 775.13,

F.S.; requiring certain felons whose offenses related to

criminal gangs to register; providing penalties; amending

s. 790.23, F.S.; providing penalties for certain persons

possessing a firearm; creating s. 790.231, F.S.;

prohibiting possession of bulletproof vests by certain

individuals; providing penalties; amending s. 823.05,

F.S.; revising provisions relating to the enjoining of

public nuisances to include certain nuisances related to

criminal gangs and criminal gang activities; providing for

enjoining such nuisances; providing for local laws;

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

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

amending s. 874.03, F.S.; creating and revising

definitions; redefining "criminal street gangs" as

"criminal gangs"; amending s. 874.04, F.S.; conforming

provisions; revising an evidentiary standard; creating s.

874.045, F.S.; providing that chapter 874, F.S., does not

preclude arrest and prosecution under other specified

provisions; amending s. 874.05, F.S.; revising provisions

relating to soliciting or causing another to join a

criminal gang; amending s. 874.06, F.S.; authorizing the

state to bring civil actions for certain violations;

providing that a plaintiff has a superior claim to

property or proceeds; providing penalties for knowing

violation of certain orders; amending s. 874.08, F.S.;

conforming provisions relating to forfeiture; amending s.

874.09, F.S.; providing additional powers for the

Department of Law Enforcement and local law enforcement

agencies relating to crime data information; creating s.

874.10, F.S.; prohibiting persons from knowingly

initiating, organizing, planning, financing, directing,

managing, or supervising criminal gang-related activity;

providing penalties; creating s. 874.11, F.S.; prohibiting

use of electronic communications to further the interests

of a criminal gang; providing penalties; creating s.

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

prohibiting possession of certain identification documents

for specified purposes; providing penalties; creating s.

874.13, F.S.; prohibiting certain offenders from

committing gang-related crimes; providing penalties;

creating s. 874.14, F.S.; providing definitions; providing

for the suspension of driver's licenses for certain

offenses; amending s. 895.02, F.S.; adding certain

offenses to the definition of "racketeering activity";

conforming terminology to changes made by this act;

amending s. 903.046, F.S.; adding to the list of items a

court may consider when determining whether to release a

defendant on bail; amending s. 914.22, F.S.; revising the

penalties for tampering with or harassing witnesses;

amending s. 943.031, F.S.; revising provisions relating to

the Florida Violent Crime and Drug Control Council;

providing duties concerning criminal gangs; creating the

Drug Control Strategy and Criminal Gangs Committee;

providing for duties of the committee concerning funding

of certain programs; providing for reports; amending s.

948.03, F.S.; authorizing the court to order the posting

of a surety bond to secure the appearance of a person on

probation, community control, or any other court-ordered

community supervision at any subsequent court proceeding;

requiring the bail agent to surrender the person to the

sheriff after receiving written notice, e-mail, or

facsimile notice from the probation officer that the

person has violated the terms of probation, community

control, or other court-ordered community supervision;

providing that if the bail agent does not surrender the

person to the sheriff after receiving notice from the

probation officer or does not produce the person in court

at the time noticed by the court or the clerk of court,

the surety bond is forfeited; creating s. 948.033, F.S.;

prohibiting certain probationers or community controllees

from communicating with criminal gang members; providing

exceptions; amending s. 947.18, F.S.; prohibiting certain

parolees from communicating with criminal gang members;

providing exceptions; amending s. 947.1405, F.S.;

prohibiting certain conditional releasees from

communicating with criminal gang members; providing

exceptions; amending s. 893.138, F.S.; conforming

terminology to changes made by this act; amending s.

921.0022, F.S.; adding offenses to the offense severity

ranking chart of the Criminal Punishment Code; conforming

terminology to changes made by this act; amending ss.

921.0024, 921.141, 943.325, 984.03, 985.03, 985.047, and

985.433, F.S.; conforming cross-references and terminology

to changes made by this act; providing a directive to the

Division of Statutory Revision; providing an effective

date.

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

Section 1. Subsections (2), (4), (5), (6), and (7) of

section 775.13, Florida Statutes, are amended to read:

775.13 Registration of convicted felons, exemptions;

penalties.--

(2) Any person who has been convicted of a felony in any

court of this state shall, within 48 hours after entering any

county in this state, register with the sheriff of said county,

be fingerprinted and photographed, and list the crime for which

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convicted, place of conviction, sentence imposed, if any, name,

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aliases, if any, address, and occupation. If the felony

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conviction is for an offense that was found, pursuant to s.

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874.04, to have been committed for the purpose of benefiting,

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promoting, or furthering the interests of a criminal gang, the

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registrant shall identify himself or herself as such an

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offender. The Department of Law Enforcement, in consultation

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with appropriate local law enforcement agencies, may develop

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standardized practices for the inclusion of gang affiliation at

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the time of offender registration.

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~~(4) In lieu of registering with the sheriff as required by~~

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~~this section, such registration may be made with the Department~~

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~~of Law Enforcement, and is subject to the same terms and~~

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~~conditions as required for registration with the sheriff.~~

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(4)~~(5)~~ This section does not apply to an offender:

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(a) Who has had his or her civil rights restored;

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(b) Who has received a full pardon for the offense for

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which convicted;

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other sentence or supervision for a felony conviction for more

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than 5 years prior to such time for registration, unless the

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offender is a fugitive from justice on a felony charge or has

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been convicted of any offense since release from such

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incarceration or other sentence or supervision;

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(d) Who is a parolee or probationer under the supervision

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of the United States Parole Commission if the commission knows

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of and consents to the presence of the offender in Florida or is

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a probationer under the supervision of any federal probation

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officer in the state or who has been lawfully discharged from

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such parole or probation;

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(e) Who is a sexual predator and has registered as

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required under s. 775.21;

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(f) Who is a sexual offender and has registered as

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required in s. 943.0435 or s. 944.607; or

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(g) Who is a career offender who has registered as

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required in s. 775.261 or s. 944.609.

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(5)~~(6)~~ The failure of any such convicted felon to comply

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with this section:

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(a) With regard to any felon not listed in paragraph (b),

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constitutes a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083.

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(b) With regard to any felon who has been found, pursuant

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to s. 874.04, to have committed any offense for the purpose of

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benefiting, promoting, or furthering the interests of a criminal

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gang, constitutes a felony of the third degree, punishable as

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

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(6)~~(7)~~ ~~All laws and parts of laws in conflict herewith are~~

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~~hereby repealed, provided that~~ Nothing in this section shall be

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construed to affect any law of this state relating to

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registration of criminals where the penalties for registration,

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notification, or reporting obligations are in addition to, or in

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excess of, those imposed by this section.

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Section 2. Section 790.23, Florida Statutes, is amended to

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read:

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790.23 Felons and delinquents; possession of firearms,

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ammunition, or electric weapons or devices unlawful.--

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(1) It is unlawful for any person to own or to have in his

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or her care, custody, possession, or control any firearm,

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ammunition, or electric weapon or device, or to carry a

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concealed weapon, including a tear gas gun or chemical weapon or

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device, if that person has been:

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(a) Convicted of a felony in the courts of this state;

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(b) Found, in the courts of this state, to have committed

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a delinquent act that would be a felony if committed by an adult

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and such person is under 24 years of age;

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against the United States which is designated as a felony;

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(d) Found to have committed a delinquent act in another

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state, territory, or country that would be a felony if committed

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by an adult and which was punishable by imprisonment for a term

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exceeding 1 year and such person is under 24 years of age; or

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(e) Found guilty of an offense that is a felony in another

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state, territory, or country and which was punishable by

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imprisonment for a term exceeding 1 year.

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(2) This section shall not apply to a person convicted of

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a felony whose civil rights and firearm authority have been

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restored.

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(3) Except as otherwise provided in subsection (4), any

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person who violates this section commits a felony of the second

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

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775.084.

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(4) Notwithstanding the provisions of s. 874.04, if the

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offense described in subsection (1) has been committed by a

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person who has previously qualified or currently qualifies for

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the penalty enhancements provided for in s. 874.04, the offense

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is a felony of the first degree, punishable by a term of years

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not exceeding life or as provided in s. 775.082, s. 775.083, or

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s. 775.084.

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Section 3. Section 790.231, Florida Statutes, is created

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to read:

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790.231 Felons and delinquents; possession of bulletproof

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vests.--

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(1) It is unlawful for any person to possess a bulletproof

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vest, as defined in s. 775.0846, if he or she has been:

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(a) Convicted of a felony in the courts of this state;

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(b) Found, in the courts of this state, to have committed

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a delinquent act that would be a felony if committed by an adult

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and such person is under 24 years of age;

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against the United States which is designated as a felony;

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(d) Found to have committed a delinquent act in another

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state, territory, or country that would be a felony if committed

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by an adult and which was punishable by imprisonment for a term

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exceeding 1 year and such person is under 24 years of age; or

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(e) Convicted of or found to have committed an offense

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that is a felony in another state, territory, or country and

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which was punishable by imprisonment for a term exceeding 1

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year.

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(f) Found, pursuant to s. 874.04, to have committed any

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offense for the purpose of benefiting, promoting, or furthering

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the interests of a criminal gang.

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(2) This section shall not apply to the following:

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(a) Persons convicted of a felony whose civil rights and

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firearm authority have been restored.

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(b) Persons authorized to possess a bulletproof vest by

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law enforcement officials, prosecutorial authorities, or courts

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for the purpose of aiding in the investigation of criminal

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activity.

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(3) Any person who violates this section commits a felony

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

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775.083, or s. 775.084.

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Section 4. Section 823.05, Florida Statutes, is amended to

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read:

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823.05 Places and groups engaged in criminal gang-related

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activity declared a nuisance; may be abated and enjoined.--

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(1) Whoever shall erect, establish, continue, or maintain,

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own or lease any building, booth, tent or place which tends to

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annoy the community or injure the health of the community, or

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become manifestly injurious to the morals or manners of the

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people as described in s. 823.01, ~~or shall be frequented by the~~

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~~class of persons mentioned in s. 856.02,~~ or any house or place

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of prostitution, assignation, lewdness or place or building

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where games of chance are engaged in violation of law or any

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place where any law of the state is violated, shall be deemed

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guilty of maintaining a nuisance, and the building, erection,

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place, tent or booth and the furniture, fixtures, and contents

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are declared a nuisance. All such places or persons shall be

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abated or enjoined as provided in ss. 60.05 and 60.06.

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(2)(a) As used in this subsection, the terms "criminal

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gang," "criminal gang member," "criminal gang associate," and

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"criminal gang-related activity" have the same meanings as

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provided in s. 874.03.

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(b) A criminal gang, criminal gang member, or criminal

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gang associate who engages in the commission of criminal gang-

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related activity is a public nuisance. Any and all such persons

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shall be abated or enjoined as provided in ss. 60.05 and 60.06.

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criminal gang, criminal gang members, or criminal gang

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associates for the purpose of engaging in criminal gang-related

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activity is a public nuisance. Such use of a location as a

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public nuisance shall be abated or enjoined as provided in ss.

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60.05 and 60.06.

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(d) Nothing in this subsection shall prevent a local

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governing body from adopting and enforcing laws consistent with

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this chapter relating to criminal gangs and gang violence. Where

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local laws duplicate or supplement this chapter, this chapter

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shall be construed as providing alternative remedies and not as

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preempting the field.

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(e) The state, through the Department of Legal Affairs or

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any state attorney, or any of the state's agencies,

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instrumentalities, subdivisions, or municipalities having

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jurisdiction over conduct in violation of a provision of this

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chapter may institute civil proceedings under this subsection.

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In any action brought under this subsection, the circuit court

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shall proceed as soon as practicable to the hearing and

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determination. Pending final determination, the circuit court

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may at any time enter such injunctions, prohibitions, or

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restraining orders, or take such actions, including the

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acceptance of satisfactory performance bonds, as the court may

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deem proper.

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Section 5. Section 874.01, Florida Statutes, is amended to

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read:

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

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"Criminal ~~Street~~ Gang Prevention Act ~~of 1996~~."

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Section 6. Section 874.02, Florida Statutes, is amended to

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read:

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874.02 Legislative findings and intent.--

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

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

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

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and protected from fear, intimidation, and physical harm caused

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by the activities of criminal ~~street~~ gangs and their members. It

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is not the intent of this chapter to interfere with the exercise

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of the constitutionally protected rights of freedom of

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expression and association. The Legislature recognizes the

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constitutional right of every citizen to harbor and express

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beliefs on any lawful subject whatsoever, to lawfully associate

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with others who share similar beliefs, to petition lawfully

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constituted authority for a redress of perceived grievances, and

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to participate in the electoral process.

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

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facing a mounting crisis caused by criminal ~~street~~ gangs whose

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members threaten and terrorize peaceful citizens and commit a

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multitude of crimes. These criminal ~~street~~ gang activities, both

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individually and collectively, present a clear and present

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danger. Street gangs, terrorist organizations, and hate groups

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have evolved into increasingly sophisticated and complex

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organized crime groups in their criminal tactics, schemes, and

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brutality. The state has a compelling interest in preventing

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criminal ~~street~~ gang activity and halting the real and present

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danger posed by the proliferation of criminal gangs and the

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graduation from more primitive forms of criminal gangs to highly

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sophisticated criminal gangs. For these reasons, ~~and~~ the

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Legislature finds that the provisions of this chapter ~~act~~ are

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essential ~~necessary~~ to maintain ~~the~~ public order and safety.

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

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conduct associated with the existence and proliferation of

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criminal gangs, provide ~~eradicate the terror created by criminal~~

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~~street gangs and their members by providing~~ enhanced criminal

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penalties, and eliminate ~~and by eliminating~~ the patterns,

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profits, proceeds, instrumentalities, and property facilitating

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criminal ~~street~~ gang activity, including criminal ~~street~~ gang

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recruitment.

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(4) The Legislature finds that the timely reporting and

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exchange of criminal gang information facilitates the ability of

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law enforcement agencies to monitor and anticipate criminal

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activities of gangs and their members. Additionally, the timely

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and standardized reporting of such criminal gang information

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supports the identification of gang members via the criminal

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justice information system and directly contributes to law

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enforcement officers' safety. For these reasons, it is the

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intent of the Legislature to encourage state and local law

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enforcement agencies to facilitate the exchange of crime data

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information through the statewide criminal gang database as

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provided in s. 874.09.

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Section 7. Section 874.03, Florida Statutes, is amended to

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read:

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874.03 Definitions.--As used in this chapter:

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(1) "Criminal ~~street~~ gang" means a formal or informal

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ongoing organization, association, or group that has as one of

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its primary activities the commission of criminal or delinquent

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acts, and that consists of three or more persons who have a

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common name or common identifying signs, colors, or symbols,

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including, but not limited to, terrorist organizations and hate

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groups ~~and have two or more members who, individually or~~

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

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~~street gang activity~~.

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(a) As used in this subsection, "ongoing" means that the

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organization was in existence during the time period charged in

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a petition, information, indictment, or action for civil

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injunctive relief.

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(b) As used in this subsection, "primary activities" means

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that a criminal gang spends a substantial amount of time engaged

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in such activity, although such activity need not be the only,

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or even the most important activity, in which the criminal gang

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engages.

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(2) "Criminal gang associate" means a person who:

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(a) Admits to criminal gang association; or

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(b) Meets any single defining criterion for criminal gang

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membership described in subsection (3).

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(3)~~(2)~~ "Criminal ~~street~~ gang member" is a person who ~~is a~~

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~~member of a criminal street gang as defined in subsection (1)~~

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~~and who~~ meets two or more of the following criteria:

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(a) Admits to criminal ~~street~~ gang membership.

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(b) Is identified as a criminal ~~street~~ gang member by a

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parent or guardian.

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documented reliable informant.

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(d) Adopts the style of dress of a criminal gang ~~Resides~~

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~~in or frequents a particular criminal street gang's area and~~

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~~adopts their style of dress, their use of hand signs, or their~~

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~~tattoos, and associates with known criminal street gang members~~.

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(e) Adopts the use of a hand sign identified as used by a

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criminal gang.

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(f) Has a tattoo identified as used by a criminal gang.

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(g) Associates with one or more known criminal gang

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members.

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(h)~~(e)~~ Is identified as a criminal ~~street~~ gang member by

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an informant of previously untested reliability and such

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identification is corroborated by independent information.

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

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~~identified criminal street gang members for offenses which are~~

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~~consistent with usual criminal street gang activity.~~

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(i)~~(g)~~ Is identified as a criminal ~~street~~ gang member by

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physical evidence ~~such as photographs or other documentation~~.

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(j)~~(h)~~ Has been observed ~~stopped~~ in the company of one or

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more known criminal ~~street~~ gang members four or more times.

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Observation in a custodial setting requires a willful

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association. It is the intent of the legislature to allow this

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criterion to be used to identify gang members who recruit and

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organize in jails, prisons, and other detention settings.

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(k) Has authored any communication indicating

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responsibility for the commission of any crime by the criminal

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gang.

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Where a single act or factual transaction satisfies the

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requirements of more than one of the criteria in this

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subsection, each of those criteria has thereby been satisfied

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for the purposes of the statute.

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~~(3) "Pattern of criminal street gang activity" means the~~

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~~commission or attempted commission of, or solicitation or~~

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~~conspiracy to commit, two or more felony or three or more~~

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

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~~offenses, or the comparable number of delinquent acts or~~

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~~violations of law which would be felonies or misdemeanors if~~

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~~committed by an adult, on separate occasions within a 3-year~~

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~~period.~~

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

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~~tracking only:~~

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~~(a) "criminal street gang associate" means a person who:~~

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~~1. Admits to criminal street gang association; or~~

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~~2. Meets any single defining criterion for criminal street~~

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~~gang membership described in subsection (2).~~

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~~(b) "Gang-related incident" means an incident that, upon~~

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~~investigation, meets any of the following conditions:~~

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~~1. The participants are identified as criminal street gang~~

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~~members or criminal street gang associates, acting, individually~~

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~~or collectively, to further any criminal purpose of the gang;~~

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~~2. A reliable informant identifies an incident as criminal~~

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~~street gang activity; or~~

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~~3. an informant of previously untested reliability~~

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~~identifies an incident as criminal street gang activity and it~~

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~~is corroborated by independent information.~~

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(4) "Criminal gang-related activity" means:

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(a) An activity committed with the intent to benefit,

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promote, or further the interests of a criminal gang, or for the

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purposes of increasing a person's own standing or position

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within a criminal gang;

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(b) An activity in which the participants are identified

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as criminal gang members or criminal gang associates acting

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individually or collectively to further any criminal purpose of

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a criminal gang;

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activity by a documented reliable informant; or

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(d) An activity that is identified as criminal gang

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activity by an informant of previously untested reliability and

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such identification is corroborated by independent information.

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

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

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video, telephone communications, text messages, facsimile,

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

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message real-time communications with other individuals through

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the Internet or other means.

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(6) "Hate group" means an organization whose primary

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purpose is to promote animosity, hostility, and malice against a

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person or persons or against the property of a person or persons

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because of race, religion, disability, sexual orientation,

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ethnicity, or national origin.

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(7) "Terrorist organization" means any organized group

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engaged in or organized for the purpose of engaging in terrorism

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as defined in s. 775.30. This definition shall not be construed

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to prevent prosecution under this chapter of individuals acting

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alone.

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Section 8. Section 874.04, Florida Statutes, is amended to

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read:

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874.04 Gang-related offenses ~~Criminal street gang~~

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~~activity~~; enhanced penalties.--Upon a finding by the factfinder

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~~court at sentencing~~ that the defendant committed the charged

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offense for the purpose of benefiting, promoting, or furthering

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the interests of a criminal ~~street~~ gang, the penalty for any

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

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which would be a felony or misdemeanor if committed by an adult,

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may be enhanced. Penalty enhancement affects the applicable

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statutory maximum penalty only. Each of the findings required as

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a basis for such sentence shall be found beyond a reasonable

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doubt ~~by a preponderance of the evidence~~. The enhancement will

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be as follows:

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

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as if it were a misdemeanor of the first degree.

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

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

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sentencing under chapter 921 and determining incentive gain-time

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eligibility under chapter 944, such offense is ranked in level 1

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of the offense severity ranking chart. The criminal ~~street~~ gang

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multiplier in s. 921.0024 does not apply to misdemeanors

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enhanced under this paragraph.

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

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it were a felony of the second degree.

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

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were a felony of the first degree.

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were a life felony.

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For purposes of sentencing under chapter 921 and determining

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incentive gain-time eligibility under chapter 944, such felony

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

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without regard to the penalty enhancement in this subsection.

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~~For purposes of this section, penalty enhancement affects the~~

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~~applicable statutory maximum penalty only.~~

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Section 9. Section 874.045, Florida Statutes, is created

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to read:

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874.045 Arrest and prosecution under other

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provisions.--Nothing in this chapter shall prohibit the arrest

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and prosecution of a criminal gang member under chapter 876,

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

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provision of law except to the extent otherwise prohibited

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pursuant to a statutory or constitutional provision.

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Section 10. Section 874.05, Florida Statutes, is amended

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to read:

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874.05 Causing, encouraging, soliciting, or recruiting

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criminal ~~street~~ gang membership.--

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

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intentionally causes, encourages, solicits, or recruits another

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person to become a criminal gang member where ~~join a criminal~~

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~~street gang that~~ ~~requires as~~ a condition of membership or

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continued membership is the commission of any crime commits a

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

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775.082, s. 775.083, or s. 775.084.

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

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violation ~~offense, the person~~ commits a felony of the second

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

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775.084.

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Section 11. Section 874.06, Florida Statutes, is amended

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to read:

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874.06 Civil cause of action.--

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

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convincing evidence, coercion, intimidation, threats, or other

507

harm to that person or organization in violation of this chapter

508

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

509

or any other appropriate relief in law or equity. Upon

510

prevailing, the plaintiff may recover ~~reasonable~~ attorney's fees

511

in the trial and appellate courts and the costs of investigation

512

and litigation that are reasonably incurred ~~and costs~~.

513

(2)(a) For purposes of this subsection, the term "state"

514

includes any of the state's agencies, instrumentalities,

515

subdivisions, or municipalities, and includes, but is not

516

limited to, state attorneys and the Office of Statewide

517

Prosecution of the Department of Legal Affairs.

518

(b) In addition to any remedies provided for by ss. 60.05

519

and 823.05, the state has a civil cause of action against any

520

person or organization if it proves by clear and convincing

521

evidence that it has been injured by reason of a violation of

522

this chapter by the person or organization. The state has a

523

civil cause of action for treble damages, injunctive relief, or

524

any other relief in law or equity which the court deems

525

appropriate. If the state prevails, it may also recover

526

attorney's fees in the trial and appellate courts and the costs

527

of investigation and litigation that are reasonably incurred.

528

The state may not recover punitive damages. The defendant is

529

entitled to recover reasonable attorney's fees and court costs

530

if the court finds that the state raised a claim that was

531

without factual or legal support and was vexatious, frivolous,

532

or brought in bad faith.

533

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

534

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

535

state has in the same property or proceeds.

536

(4) A person who knowingly violates a temporary or

537

permanent order issued under this section or s. 60.05 commits a

538

misdemeanor of the first degree, punishable as provided in s.

539

775.082 or s. 775.083.

540

Section 12. Section 874.08, Florida Statutes, is amended

541

to read:

542

874.08 Criminal gang activity and ~~Profits, proceeds, and~~

543

~~instrumentalities of criminal street gangs or criminal street~~

544

~~gang~~ recruitment; forfeiture.--All profits, proceeds, and

545

instrumentalities of criminal ~~street~~ gang activity and all

546

property used or intended or attempted to be used to facilitate

547

the criminal activity of any criminal ~~street~~ gang or of any

548

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

549

instrumentalities of criminal ~~street~~ gang recruitment and all

550

property used or intended or attempted to be used to facilitate

551

criminal ~~street~~ gang recruitment are subject to seizure and

552

forfeiture under the Florida Contraband Forfeiture Act, s.

553

932.704.

554

Section 13. Section 874.09, Florida Statutes, is amended

555

to read:

556

874.09 Crime data information.--

557

(1) The Department of Law Enforcement may:

558

(a) Develop and manage a statewide criminal ~~street~~ gang

559

database to facilitate the exchange of information pursuant to

560

the intent and purpose of this chapter.

561

(b) Notify all law enforcement agencies that reports of

562

criminal gang members or associates shall be entered into the

563

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

564

department is available to the reporting agency and no waiting

565

period for the entry of that data exists.

566

567

gangs and their members and associates in a manner that allows

568

the information to be used by law enforcement and other agencies

569

deemed appropriate for investigative purposes.

570

(d) Compile and maintain a data repository relating to

571

criminal gangs and their members and associates in order to

572

develop and improve techniques used by law enforcement agencies

573

and prosecutors in the investigation, apprehension, and

574

prosecution of members and affiliates of criminal gangs.

575

(2) Local law enforcement agencies may:

576

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

577

they believe is a member or associate of a criminal gang, create

578

or update that individual's electronic file within the database.

579

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

580

suspected criminal gang membership or associate status.

581

Section 14. Section 874.10, Florida Statutes, is created

582

to read:

583

874.10 Directing the activities of a criminal gang.--Any

584

person who knowingly initiates, organizes, plans, finances,

585

directs, manages, or supervises criminal gang-related activity

586

commits a felony of the first degree, punishable by imprisonment

587

for a term of years not exceeding life or as provided in s.

588

775.082, s. 775.083, or s. 775.084.

589

Section 15. Section 874.11, Florida Statutes, is created

590

to read:

591

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

592

purpose of benefiting, promoting, or furthering the interests of

593

a criminal gang, uses electronic communication to intimidate or

594

harass other persons, or to advertise his or her presence in the

595

community, including, but not limited to, such activities as

596

distributing, selling, transmitting, or posting on the Internet

597

any audio, video, or still image of criminal activity, commits a

598

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

599

775.082, s. 775.083, or s. 775.084.

600

Section 16. Section 874.12, Florida Statutes, is created

601

to read:

602

874.12 Identification documents; unlawful possession or

603

creation.--

604

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

605

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

606

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

607

identification card issued pursuant to s. 322.051, a

608

naturalization certificate, an alien registration number, a

609

passport, and any access credentials for a publicly operated

610

facility or an infrastructure facility covered under 18 U.S.C.

611

s. 2332f.

612

(2) Any person possessing or manufacturing any blank,

613

forged, stolen, fictitious, fraudulent, counterfeit, or

614

otherwise unlawfully issued identification document for the

615

purpose of benefiting, promoting, or furthering the interests of

616

a criminal gang commits a felony of the second degree,

617

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

618

Section 17. Section 874.13, Florida Statutes, is created

619

to read:

620

874.13 Commission of a gang-related offense by a habitual

621

felony offender.--Any person who qualifies as a habitual felony

622

offender under s. 775.084 and who thereafter commits an offense

623

that was found, pursuant to s. 874.04, to have been committed

624

for the purpose of benefiting, promoting, or furthering the

625

interests of a criminal gang, commits a felony of the first

626

degree, punishable by a term of years not exceeding life or as

627

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

628

Section 18. Section 874.14, Florida Statutes, is created

629

to read:

630

874.14 Suspension of driver's license.--

631

(1) For purposes of this section:

632

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

633

and Motor Vehicles.

634

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

635

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

636

contendere, regardless of whether adjudication is withheld.

637

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

638

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

639

person convicted or adjudicated delinquent of any offense

640

contained in this chapter and of any person who has been found

641

to have committed any offense for the purpose of benefiting,

642

promoting, or furthering the interests of a criminal gang

643

pursuant to s. 874.04. Upon ordering the suspension of the

644

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

645

to the department in accordance with s. 322.25.

646

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

647

subsection shall be for a period of 6 months.

648

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

649

license under this subsection shall be for 1 year.

650

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

651

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

652

incarceration, direct the department to commence the suspension

653

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

654

incarceration.

655

(4) A person whose driver's license has been suspended

656

under subsection (2) is eligible for issuance of a license for

657

business or employment purposes only under s. 322.271 if the

658

person is otherwise eligible for the driving privilege.

659

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

660

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

661

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

662

term:

663

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

664

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

665

intimidate another person to commit:

666

(a) Any crime that is chargeable by petition, indictment,

667

or information under the following provisions of the Florida

668

Statutes:

669

1. Section 210.18, relating to evasion of payment of

670

cigarette taxes.

671

2. Section 316.1935, relating to fleeing or attempting to

672

elude a law enforcement officer and aggravated fleeing or

673

eluding.

674

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

675

control.

676

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

677

fraud.

678

5.4. Section 414.39, relating to public assistance fraud.

679

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

680

compensation.

681

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

682

fictitious employer scheme to commit unemployment compensation

683

fraud.

684

8.7. Section 465.0161, relating to distribution of

685

medicinal drugs without a permit as an Internet pharmacy.

686

9.8. Sections 499.0051, 499.0052, 499.00535, 499.00545,

687

and 499.0691, relating to crimes involving contraband and

688

adulterated drugs.

689

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

690

11.~~10.~~ Chapter 517, relating to sale of securities and

691

investor protection.

692

12.~~11.~~ Section 550.235, s. 550.3551, or s. 550.3605,

693

relating to dogracing and horseracing.

694

13.~~12.~~ Chapter 550, relating to jai alai frontons.

695

14.~~13.~~ Section 551.109, relating to slot machine gaming.

696

15.~~14.~~ Chapter 552, relating to the manufacture,

697

distribution, and use of explosives.

698

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

699

violation is punishable as a felony.

700

17.~~16.~~ Chapter 562, relating to beverage law enforcement.

701

18.~~17.~~ Section 624.401, relating to transacting insurance

702

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

703

to operating an unauthorized multiple-employer welfare

704

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

705

aiding an unauthorized insurer.

706

19.~~18.~~ Section 655.50, relating to reports of currency

707

transactions, when such violation is punishable as a felony.

708

20.~~19.~~ Chapter 687, relating to interest and usurious

709

practices.

710

21.~~20.~~ Section 721.08, s. 721.09, or s. 721.13, relating

711

to real estate timeshare plans.

712

22. Section 775.13(5)(b), relating to registration of

713

persons found to have committed any offense for the purpose of

714

benefiting, promoting, or furthering the interests of a criminal

715

gang.

716

23. Section 777.03, relating to commission of crimes by

717

accessories after the fact.

718

24.~~21.~~ Chapter 782, relating to homicide.

719

25.~~22.~~ Chapter 784, relating to assault and battery.

720

26.~~23.~~ Chapter 787, relating to kidnapping or human

721

trafficking.

722

27.~~24.~~ Chapter 790, relating to weapons and firearms.

723

28. Chapter 794, relating to sexual battery, but only if

724

such crime was committed with the intent to benefit, promote, or

725

further the interests of a criminal gang, or for the purpose of

726

increasing a criminal gang member's own standing or position

727

within a criminal gang.

728

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

729

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

730

trafficking.

731

30.~~26.~~ Chapter 806, relating to arson and criminal

732

mischief.

733

31.~~27.~~ Chapter 810 ~~Section 810.02(2)(c)~~, relating to

734

~~specified~~ burglary and trespass ~~of a dwelling or structure~~.

735

32.~~28.~~ Chapter 812, relating to theft, robbery, and

736

related crimes.

737

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

738

34.~~30.~~ Chapter 817, relating to fraudulent practices,

739

false pretenses, fraud generally, and credit card crimes.

740

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

741

exploitation of an elderly person or disabled adult.

742

36.~~32.~~ Section 827.071, relating to commercial sexual

743

exploitation of children.

744

37.~~33.~~ Chapter 831, relating to forgery and

745

counterfeiting.

746

38.~~34.~~ Chapter 832, relating to issuance of worthless

747

checks and drafts.

748

39.~~35.~~ Section 836.05, relating to extortion.

749

40.~~36.~~ Chapter 837, relating to perjury.

750

41.~~37.~~ Chapter 838, relating to bribery and misuse of

751

public office.

752

42.~~38.~~ Chapter 843, relating to obstruction of justice.

753

43.~~39.~~ Section 847.011, s. 847.012, s. 847.013, s. 847.06,

754

or s. 847.07, relating to obscene literature and profanity.

755

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

756

s. 849.25, relating to gambling.

757

45.~~41.~~ Chapter 874, relating to criminal ~~street~~ gangs.

758

46.~~42.~~ Chapter 893, relating to drug abuse prevention and

759

control.

760

47.~~43.~~ Chapter 896, relating to offenses related to

761

financial transactions.

762

48.~~44.~~ Sections 914.22 and 914.23, relating to tampering

763

with or harassing a witness, victim, or informant, and

764

retaliation against a witness, victim, or informant.

765

49.~~45.~~ Sections 918.12 and 918.13, relating to tampering

766

with jurors and evidence.

767

(3) "Enterprise" means any individual, sole

768

proprietorship, partnership, corporation, business trust, union

769

chartered under the laws of this state, or other legal entity,

770

or any unchartered union, association, or group of individuals

771

associated in fact although not a legal entity; and it includes

772

illicit as well as licit enterprises and governmental, as well

773

as other, entities. A criminal ~~street~~ gang, as defined in s.

774

874.03, constitutes an enterprise.

775

Section 20. Subsection (2) of section 903.046, Florida

776

Statutes, is amended to read:

777

903.046 Purpose of and criteria for bail determination.--

778

(2) When determining whether to release a defendant on

779

bail or other conditions, and what that bail or those conditions

780

may be, the court shall consider:

781

(a) The nature and circumstances of the offense charged.

782

(b) The weight of the evidence against the defendant.

783

784

the community, employment history, financial resources, and

785

mental condition.

786

(d) The defendant's past and present conduct, including

787

any record of convictions, previous flight to avoid prosecution,

788

or failure to appear at court proceedings. However, any

789

defendant who had failed to appear on the day of any required

790

court proceeding in the case at issue, but who had later

791

voluntarily appeared or surrendered, shall not be eligible for a

792

recognizance bond; and any defendant who failed to appear on the

793

day of any required court proceeding in the case at issue and

794

who was later arrested shall not be eligible for a recognizance

795

bond or for any form of bond which does not require a monetary

796

undertaking or commitment equal to or greater than $2,000 or

797

twice the value of the monetary commitment or undertaking of the

798

original bond, whichever is greater. Notwithstanding anything in

799

this section, the court has discretion in determining conditions

800

of release if the defendant proves circumstances beyond his or

801

her control for the failure to appear. This section may not be

802

construed as imposing additional duties or obligations on a

803

governmental entity related to monetary bonds.

804

(e) The nature and probability of danger which the

805

defendant's release poses to the community.

806

(f) The source of funds used to post bail or procure an

807

appearance bond, particularly whether the proffered funds, real

808

property, property, or any proposed collateral or bond premium

809

may be linked to or derived from the crime alleged to have been

810

committed or from any other criminal or illicit activities. The

811

burden of establishing the noninvolvement in or nonderivation

812

from criminal or other illicit activity of such proffered funds,

813

real property, property, or any proposed collateral or bond

814

premium falls upon the defendant or other person proffering them

815

to obtain the defendant's release.

816

(g) Whether the defendant is already on release pending

817

resolution of another criminal proceeding or on probation,

818

parole, or other release pending completion of a sentence.

819

(h) The street value of any drug or controlled substance

820

connected to or involved in the criminal charge. It is the

821

finding and intent of the Legislature that crimes involving

822

drugs and other controlled substances are of serious social

823

concern, that the flight of defendants to avoid prosecution is

824

of similar serious social concern, and that frequently such

825

defendants are able to post monetary bail using the proceeds of

826

their unlawful enterprises to defeat the social utility of

827

pretrial bail. Therefore, the courts should carefully consider

828

the utility and necessity of substantial bail in relation to the

829

street value of the drugs or controlled substances involved.

830

(i) The nature and probability of intimidation and danger

831

to victims.

832

(j) Whether there is probable cause to believe that the

833

defendant committed a new crime while on pretrial release.

834

(k) Any other facts that the court considers relevant.

835

(l) Whether the crime charged is a violation of chapter

836

874 or alleged to be subject to enhanced punishment under

837

chapter 874. If any such violation is charged against a

838

defendant or if the defendant is charged with a crime that is

839

alleged to be subject to such enhancement, he or she shall not

840

be eligible for release on bail or surety bond until the first

841

appearance on the case in order to ensure the full participation

842

of the prosecutor and the protection of the public.

843

Section 21. Section 914.22, Florida Statutes, is amended

844

to read:

845

914.22 Tampering with or harassing a witness, victim, or

846

informant; penalties.--

847

(1) A person who knowingly uses intimidation or physical

848

force, or threatens another person, or attempts to do so, or

849

engages in misleading conduct toward another person, or offers

850

pecuniary benefit or gain to another person, with intent to

851

cause or induce any person to:

852

(a) Withhold testimony, or withhold a record, document, or

853

other object, from an official investigation or official

854

proceeding;

855

(b) Alter, destroy, mutilate, or conceal an object with

856

intent to impair the integrity or availability of the object for

857

use in an official investigation or official proceeding;

858

859

a witness, or to produce a record, document, or other object, in

860

an official investigation or an official proceeding;

861

(d) Be absent from an official proceeding to which such

862

person has been summoned by legal process;

863

(e) Hinder, delay, or prevent the communication to a law

864

enforcement officer or judge of information relating to the

865

commission or possible commission of an offense or a violation

866

of a condition of probation, parole, or release pending a

867

judicial proceeding; or

868

(f) Testify untruthfully in an official investigation or

869

an official proceeding,

870

871

commits the crime of tampering with a witness, victim, or

872

informant ~~a felony of the third degree, punishable as provided~~

873

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

874

(2) Tampering with a witness, victim, or informant is a:

875

(a) Felony of the third degree, punishable as provided in

876

s. 775.082, s. 775.083, or s. 775.084, where the official

877

investigation or official proceeding affected involves the

878

investigation or prosecution of a misdemeanor.

879

(b) Felony of the second degree, punishable as provided in

880

s. 775.082, s. 775.083, or s. 775.084, where the official

881

investigation or official proceeding affected involves the

882

investigation or prosecution of a third degree felony.

883

884

s. 775.082, s. 775.083, or s. 775.084, where the official

885

investigation or official proceeding affected involves the

886

investigation or prosecution of a second degree felony.

887

(d) Felony of the first degree, punishable by a term of

888

years not exceeding life or as provided in s. 775.082, s.

889

775.083, or s. 775.084, where the official investigation or

890

official proceeding affected involves the investigation or

891

prosecution of a first degree felony or a first degree felony

892

punishable by a term of years not exceeding life.

893

(e) Life felony, punishable as provided in s. 775.082, s.

894

775.083, or s. 775.084, where the official investigation or

895

official proceeding affected involves the investigation or

896

prosecution of a life or capital felony.

897

(f) Felony of the third degree, punishable as provided in

898

s. 775.082, s. 775.083, or s. 775.084, where the offense level

899

of the affected official investigation or official proceeding is

900

indeterminable or where the affected official investigation or

901

official proceeding involves a noncriminal investigation or

902

proceeding.

903

(3)~~(2)~~ Whoever intentionally harasses another person and

904

thereby hinders, delays, prevents, or dissuades any person from:

905

(a) Attending or testifying in an official proceeding or

906

cooperating in an official investigation;

907

(b) Reporting to a law enforcement officer or judge the

908

commission or possible commission of an offense or a violation

909

of a condition of probation, parole, or release pending a

910

judicial proceeding;

911

912

connection with an offense; or

913

(d) Causing a criminal prosecution, or a parole or

914

probation revocation proceeding, to be sought or instituted, or

915

from assisting in such prosecution or proceeding;

916

917

or attempts to do so, commits the crime of harassing a witness,

918

victim, or informant ~~is guilty of a misdemeanor of the first~~

919

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

920

(4) Harassing a witness, victim, or informant is a:

921

(a) Misdemeanor of the first degree, punishable as

922

provided in s. 775.082 or s. 775.083, where the official

923

investigation or official proceeding affected involves the

924

investigation or prosecution of a misdemeanor.

925

(b) Felony of the third degree, punishable as provided in

926

s. 775.082, s. 775.083, or s. 775.084, where the official

927

investigation or official proceeding affected involves the

928

investigation or prosecution of a third degree felony.

929

930

s. 775.082, s. 775.083, or s. 775.084, where the official

931

investigation or official proceeding affected involves the

932

investigation or prosecution of a second degree felony.

933

(d) Felony of the first degree, punishable as provided in

934

s. 775.082, s. 775.083, or s. 775.084, where the official

935

investigation or official proceeding affected involves the

936

investigation or prosecution of a first degree felony.

937

(e) Felony of the first degree, punishable by a term of

938

years not exceeding life or as provided in s. 775.082, s.

939

775.083, or s. 775.084, where the official investigation or

940

official proceeding affected involves the investigation or

941

prosecution of a felony of the first degree punishable by a term

942

of years not exceeding life or a prosecution of a life or

943

capital felony.

944

(f) Felony of the third degree, punishable as provided in

945

s. 775.082, s. 775.083, or s. 775.084, where the offense level

946

of the affected official investigation or official proceeding is

947

indeterminable or where the affected official investigation or

948

official proceeding involves a noncriminal investigation or

949

proceeding.

950

(5)~~(3)~~ For the purposes of this section:

951

(a) An official proceeding need not be pending or about to

952

be instituted at the time of the offense; and

953

(b) The testimony or the record, document, or other object

954

need not be admissible in evidence or free of a claim of

955

privilege.

956

(6)~~(4)~~ In a prosecution for an offense under this section,

957

no state of mind need be proved with respect to the

958

circumstance:

959

(a) That the official proceeding before a judge, court,

960

grand jury, or government agency is before a judge or court of

961

the state, a state or local grand jury, or a state agency; or

962

(b) That the judge is a judge of the state or that the law

963

enforcement officer is an officer or employee of the state or a

964

person authorized to act for or on behalf of the state or

965

serving the state as an adviser or consultant.

966

Section 22. Section 943.031, Florida Statutes, is amended

967

to read:

968

943.031 Florida Violent Crime and Drug Control Council.--

969

(1) FINDINGS.--The Legislature finds that there is a need

970

to develop and implement a statewide strategy to address violent

971

criminal activity, including crimes committed by criminal gangs,

972

and drug control efforts by state and local law enforcement

973

agencies, including investigations of illicit money laundering.

974

In recognition of this need, the Florida Violent Crime and Drug

975

Control Council is created within the department. The council

976

shall serve in an advisory capacity to the department.

977

(2)~~(1)~~ MEMBERSHIP.--The council shall consist of 14

978

members, as follows:

979

(a) The Attorney General or a designate.

980

(b) A designate of the executive director of the

981

Department of Law Enforcement.

982

983

designate.

984

(d) The Secretary of Juvenile Justice or a designate.

985

(e) The Commissioner of Education or a designate.

986

(f) The president of the Florida Network of Victim/Witness

987

Services, Inc., or a designate.

988

(g) The director of the Office of Drug Control within the

989

Executive Office of the Governor, or a designate.

990

(h) The Chief Financial Officer, or a designate.

991

(i) Six members appointed by the Governor, consisting of

992

two sheriffs, two chiefs of police, one medical examiner, and

993

one state attorney or their designates.

994

995

The Governor, when making appointments under this subsection,

996

must take into consideration representation by geography,

997

population, ethnicity, and other relevant factors to ensure that

998

the membership of the council is representative of the state at

999

large. Designates appearing on behalf of a council member who is

1000

unable to attend a meeting of the council are empowered to vote

1001

on issues before the council to the same extent the designating

1002

council member is so empowered.

1003

(3)~~(2)~~ TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;

1004

STAFF.--

1005

(a) Members appointed by the Governor shall be appointed

1006

for terms of 2 years. The other members are standing members of

1007

the council. In no event shall a member serve beyond the time he

1008

or she ceases to hold the office or employment which was the

1009

basis for appointment to the council. In the event of a vacancy,

1010

an appointment to fill the vacancy shall be only for the

1011

unexpired term.

1012

(b) The Legislature finds that the council serves a

1013

legitimate state, county, and municipal purpose and that service

1014

on the council is consistent with a member's principal service

1015

in a public office or employment. Membership on the council does

1016

not disqualify a member from holding any other public office or

1017

being employed by a public entity, except that no member of the

1018

Legislature shall serve on the council.

1019

1020

vice chair every 2 years, to serve for a 2-year term. As deemed

1021

appropriate, other officers may be elected by the members.

1022

(d) Members of the council or their designates shall serve

1023

without compensation but are entitled to reimbursement for per

1024

diem and travel expenses pursuant to s. 112.061. Reimbursements

1025

made pursuant to this paragraph may be paid from either the

1026

Violent Crime Investigative Emergency and Drug Control Strategy

1027

Implementation Account within the Department of Law Enforcement

1028

Operating Trust Fund or from other appropriations provided to

1029

the department by the Legislature in the General Appropriations

1030

Act.

1031

(e) The department shall provide the council with staff

1032

necessary to assist the council in the performance of its

1033

duties.

1034

(4)~~(3)~~ MEETINGS.--The council must meet at least

1035

semiannually. Additional meetings may be held when it is

1036

determined by the chair that extraordinary circumstances require

1037

an additional meeting of the council. A majority of the members

1038

of the council constitutes a quorum.

1039

(5)~~(4)~~ DUTIES OF COUNCIL.--The council shall provide

1040

advice and make recommendations, as necessary, to the executive

1041

director of the department.

1042

(a) The council may advise the executive director on the

1043

feasibility of undertaking initiatives which include, but are

1044

not limited to, the following:

1045

1. Establishing a program which provides grants to

1046

criminal justice agencies that develop and implement effective

1047

violent crime prevention and investigative programs and which

1048

provides grants to law enforcement agencies for the purpose of

1049

drug control, criminal gang, and illicit money laundering

1050

investigative efforts or task force efforts that are determined

1051

by the council to significantly contribute to achieving the

1052

state's goal of reducing drug-related crime as articulated by

1053

the Office of Drug Control, that represent significant criminal

1054

gang investigative efforts, that represent a significant illicit

1055

money laundering investigative effort, or that otherwise

1056

significantly support statewide strategies developed by the

1057

Statewide Drug Policy Advisory Council established under s.

1058

397.333, subject to the limitations provided in this section.

1059

The grant program may include an innovations grant program to

1060

provide startup funding for new initiatives by local and state

1061

law enforcement agencies to combat violent crime or to implement

1062

drug control, criminal gang, or illicit money laundering

1063

investigative efforts or task force efforts by law enforcement

1064

agencies, including, but not limited to, initiatives such as:

1065

a. Providing enhanced community-oriented policing.

1066

b. Providing additional undercover officers and other

1067

investigative officers to assist with violent crime

1068

investigations in emergency situations.

1069

c. Providing funding for multiagency or statewide drug

1070

control, criminal gang, or illicit money laundering

1071

investigative efforts or task force efforts that cannot be

1072

reasonably funded completely by alternative sources and that

1073

significantly contribute to achieving the state's goal of

1074

reducing drug-related crime as articulated by the Office of Drug

1075

Control, that represent significant criminal gang investigative

1076

efforts, that represent a significant illicit money laundering

1077

investigative effort, or that otherwise significantly support

1078

statewide strategies developed by the Statewide Drug Policy

1079

Advisory Council established under s. 397.333.

1080

2. Expanding the use of automated fingerprint

1081

identification systems at the state and local level.

1082

3. Identifying methods to prevent violent crime.

1083

4. Identifying methods to enhance multiagency or statewide

1084

drug control, criminal gang, or illicit money laundering

1085

investigative efforts or task force efforts that significantly

1086

contribute to achieving the state's goal of reducing drug-

1087

related crime as articulated by the Office of Drug Control, that

1088

represent significant criminal gang investigative efforts, that

1089

represent a significant illicit money laundering investigative

1090

effort, or that otherwise significantly support statewide

1091

strategies developed by the Statewide Drug Policy Advisory

1092

Council established under s. 397.333.

1093

5. Enhancing criminal justice training programs which

1094

address violent crime, drug control, or illicit money laundering

1095

investigative techniques, or efforts to control and eliminate

1096

criminal gangs.

1097

6. Developing and promoting crime prevention services and

1098

educational programs that serve the public, including, but not

1099

limited to:

1100

a. Enhanced victim and witness counseling services that

1101

also provide crisis intervention, information referral,

1102

transportation, and emergency financial assistance.

1103

b. A well-publicized rewards program for the apprehension

1104

and conviction of criminals who perpetrate violent crimes.

1105

7. Enhancing information sharing and assistance in the

1106

criminal justice community by expanding the use of community

1107

partnerships and community policing programs. Such expansion may

1108

include the use of civilian employees or volunteers to relieve

1109

law enforcement officers of clerical work in order to enable the

1110

officers to concentrate on street visibility within the

1111

community.

1112

(b) The full council shall:

1113

1. Receive periodic reports from regional violent crime

1114

investigation and statewide drug control strategy implementation

1115

coordinating teams which relate to violent crime trends or the

1116

investigative needs or successes in the regions, including

1117

discussions regarding the activity of significant criminal gangs

1118

in the region, factors, and trends relevant to the

1119

implementation of the statewide drug strategy, and the results

1120

of drug control and illicit money laundering investigative

1121

efforts funded in part by the council.

1122

2. Maintain and use ~~utilize~~ criteria for the disbursement

1123

of funds from the Violent Crime Investigative Emergency and Drug

1124

Control Strategy Implementation Account or any other account

1125

from which the council may disburse proactive investigative

1126

funds as may be established within the Department of Law

1127

Enforcement Operating Trust Fund or other appropriations

1128

provided to the Department of Law Enforcement by the Legislature

1129

in the General Appropriations Act. The criteria shall allow for

1130

the advancement of funds to reimburse agencies regarding violent

1131

crime investigations as approved by the full council and the

1132

advancement of funds to implement proactive drug control

1133

strategies or significant criminal gang investigative efforts as

1134

authorized by the Drug Control Strategy and Criminal Gang

1135

Committee or the Victim and Witness Protection Review Committee.

1136

Regarding violent crime investigation reimbursement, an

1137

expedited approval procedure shall be established for rapid

1138

disbursement of funds in violent crime emergency situations.

1139

1140

investigative efforts" eligible for proactive funding must

1141

involve at a minimum an effort against a known criminal gang

1142

that:

1143

1. Involves multiple law enforcement agencies.

1144

2. Reflects a dedicated significant investigative effort

1145

on the part of each participating agency in personnel, time

1146

devoted to the investigation, and agency resources dedicated to

1147

the effort.

1148

3. Reflects a dedicated commitment by a prosecuting

1149

authority to ensure that cases developed by the investigation

1150

will be timely and effectively prosecuted.

1151

4. Demonstrates a strategy and commitment to dismantling

1152

the criminal gang via seizures of assets, significant money

1153

laundering and organized crime investigations and prosecutions,

1154

or similar efforts.

1155

1156

The council may require satisfaction of additional elements, to

1157

include reporting criminal investigative and criminal

1158

intelligence information related to criminal gang activity and

1159

members in a manner required by the department, as a

1160

prerequisite for receiving proactive criminal gang funding.

1161

(6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.--

1162

(a) The Drug Control Strategy and Criminal Gang Committee

1163

is created within the Florida Violent Crime and Drug Control

1164

Council, consisting of the following council members:

1165

1. The Attorney General or a designate.

1166

2. The designate of the executive director of the

1167

Department of Law Enforcement.

1168

3. The secretary of the Department of Corrections or a

1169

designate.

1170

4. The director of the Office of Drug Control within the

1171

Executive Office of the Governor or a designate.

1172

5. The state attorney, the two sheriffs, and the two

1173

chiefs of police, or their designates.

1174

(b) The committee shall

1175

3. review and approve all requests for disbursement of

1176

funds from the Violent Crime Investigative Emergency and Drug

1177

Control Strategy Implementation Account within the Department of

1178

Law Enforcement Operating Trust Fund and from other

1179

appropriations provided to the department by the Legislature in

1180

the General Appropriations Act. An expedited approval procedure

1181

shall be established for rapid disbursement of funds in violent

1182

crime emergency situations.

1183

1184

council through the committee shall be required to report the

1185

results of the investigations to the council once the

1186

investigation has been completed. The committee shall also

1187

require ongoing status reports on ongoing investigations using

1188

such findings in its closed sessions.

1189

(7)~~(5)~~ REPORTS.--The council shall report annually on its

1190

activities, on or before December 30 of each calendar year, to

1191

the executive director, the President of the Senate, the Speaker

1192

of the House of Representatives, and the chairs of the Senate

1193

and House committees having principal jurisdiction over criminal

1194

law. Comments and responses of the executive director to the

1195

report are to be included.

1196

(8)~~(6)~~ VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--

1197

(a) The Victim and Witness Protection Review Committee is

1198

created within the Florida Violent Crime and Drug Control

1199

Council, consisting of the statewide prosecutor or a state

1200

attorney, a sheriff, a chief of police, and the designee of the

1201

executive director of the Department of Law Enforcement. The

1202

committee shall be appointed from the membership of the council

1203

by the chair of the council after the chair has consulted with

1204

the executive director of the Department of Law Enforcement.

1205

Committee members shall meet in conjunction with the meetings of

1206

the council.

1207

(b) The committee shall:

1208

1. Maintain and use ~~utilize~~ criteria for disbursing funds

1209

to reimburse law enforcement agencies for costs associated with

1210

providing victim and witness protective or temporary relocation

1211

services.

1212

2. Review and approve or deny, in whole or in part, all

1213

reimbursement requests submitted by law enforcement agencies.

1214

1215

witness protective or temporary relocation services pursuant to

1216

the provisions of s. 914.25 may submit a request for

1217

reimbursement to the Victim and Witness Protection Review

1218

Committee in a format approved by the committee. The lead law

1219

enforcement agency shall submit such reimbursement request on

1220

behalf of all law enforcement agencies that cooperated in

1221

providing protective or temporary relocation services related to

1222

a particular criminal investigation or prosecution. As part of

1223

the reimbursement request, the lead law enforcement agency must

1224

indicate how any reimbursement proceeds will be distributed

1225

among the agencies that provided protective or temporary

1226

relocation services.

1227

(d) The committee, in its discretion, may use funds

1228

available to the committee to provide all or partial

1229

reimbursement to the lead law enforcement agency for such costs,

1230

or may decline to provide any reimbursement.

1231

(e) The committee may conduct its meeting by

1232

teleconference or conference phone calls when the chair of the

1233

committee finds that the need for reimbursement is such that

1234

delaying until the next scheduled council meeting will adversely

1235

affect the requesting agency's ability to provide the protection

1236

services.

1237

(9)~~(7)~~ CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL

1238

MEETINGS AND RECORDS.--

1239

(a) The Legislature finds that during limited portions of

1240

the meetings of the Florida Violent Crime and Drug Control

1241

Council it is necessary that the council be presented with and

1242

discuss details, information, and documents related to active

1243

criminal investigations or matters constituting active criminal

1244

intelligence, as those concepts are defined by s. 119.011. These

1245

presentations and discussions are necessary for the council to

1246

make its funding decisions as required by the Legislature. The

1247

Legislature finds that to reveal the contents of documents

1248

containing active criminal investigative or intelligence

1249

information or to allow active criminal investigative or active

1250

criminal intelligence matters to be discussed in a meeting open

1251

to the public negatively impacts the ability of law enforcement

1252

agencies to efficiently continue their investigative or

1253

intelligence gathering activities. The Legislature finds that

1254

information coming before the council that pertains to active

1255

criminal investigations or intelligence should remain

1256

confidential and exempt from public disclosure. The Legislature

1257

finds that the Florida Violent Crime and Drug Control Council

1258

may, by declaring only those portions of council meetings in

1259

which active criminal investigative or active criminal

1260

intelligence information is to be presented or discussed closed

1261

to the public, assure an appropriate balance between the policy

1262

of this state that meetings be public and the policy of this

1263

state to facilitate efficient law enforcement efforts.

1264

(b) The Florida Violent Crime and Drug Control Council

1265

shall be considered a "criminal justice agency" within the

1266

definition of s. 119.011(4).

1267

1268

may close portions of meetings during which the council will

1269

hear or discuss active criminal investigative information or

1270

active criminal intelligence information, and such portions of

1271

meetings shall be exempt from the provisions of s. 286.011 and

1272

s. 24(b), Art. I of the State Constitution, provided that the

1273

following conditions are met:

1274

a. The chair of the council shall advise the council at a

1275

public meeting that, in connection with the performance of a

1276

council duty, it is necessary that the council hear or discuss

1277

active criminal investigative information or active criminal

1278

intelligence information.

1279

b. The chair's declaration of necessity for closure and

1280

the specific reasons for such necessity shall be stated in

1281

writing in a document that shall be a public record and shall be

1282

filed with the official records of the council.

1283

c. The entire closed session shall be recorded. The

1284

recording shall include the times of commencement and

1285

termination of the closed session, all discussion and

1286

proceedings, and the names of all persons present. No portion of

1287

the session shall be off the record. Such recording shall be

1288

maintained by the council.

1289

2. Only members of the council, Department of Law

1290

Enforcement staff supporting the council's function, and other

1291

persons whose presence has been authorized by the chair of the

1292

council shall be allowed to attend the exempted portions of the

1293

council meetings. The council shall assure that any closure of

1294

its meetings as authorized by this section is limited so that

1295

the general policy of this state in favor of public meetings is

1296

maintained.

1297

(d) A tape recording of, and any minutes and notes

1298

generated during, that portion of a Florida Violent Crime and

1299

Drug Control Council meeting which is closed to the public

1300

pursuant to this section are confidential and exempt from s.

1301

119.07(1) and s. 24(a), Art. I of the State Constitution until

1302

such time as the criminal investigative information or criminal

1303

intelligence information ceases to be active.

1304

Section 23. Subsection (3) is added to section 948.03,

1305

Florida Statutes, to read:

1306

948.03 Terms and conditions of probation.--

1307

(3) As a condition of an order sentencing a person to

1308

probation, community control, or any other court-ordered

1309

community supervision, and subject to the ability of the person

1310

to pay postjudgment obligations, the court may order the posting

1311

of a surety bond to secure the appearance of the person at any

1312

subsequent court proceeding. The surety bond must be filed by a

1313

bail agent with the sheriff, who shall provide a copy to the

1314

clerk of the court. Upon written notice by the court or the

1315

clerk of the court, the bail agent shall produce the person to

1316

the court. The bail agent shall surrender the person to the

1317

sheriff after the bail agent receives a written notice, e-mail,

1318

or facsimile notice from the probation officer that the person

1319

has violated the terms of probation, community control, or

1320

court-ordered community supervision. If the bail agent does not

1321

surrender the person to the sheriff after receiving notice from

1322

the probation officer or does not produce the person in court at

1323

the time noticed by the court or the clerk of court, the bond

1324

shall be forfeited in accordance with chapters 648 and 903.

1325

Failure to appear shall be the sole grounds for forfeiture of

1326

the appearance bond. To the extent not inconsistent with this

1327

subsection, chapters 648 and 903 shall govern the relationship

1328

between the parties to the bond.

1329

Section 24. Section 948.033, Florida Statutes, is created

1330

to read:

1331

948.033 Condition of probation or community control;

1332

criminal gang.--Effective for a probationer or community

1333

controllee whose crime was committed on or after October 1,

1334

2008, and who has been found to have committed the crime for the

1335

purpose of benefiting, promoting, or furthering the interests of

1336

criminal gang, the court shall, in addition to any other

1337

conditions imposed, impose a condition prohibiting the

1338

probationer or community controllee from knowingly associating

1339

with other criminal gang members or associates, except as

1340

authorized by law enforcement officials, prosecutorial

1341

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

1342

investigation of criminal activity.

1343

Section 25. Section 947.18, Florida Statutes, is amended

1344

to read:

1345

947.18 Conditions of parole.--No person shall be placed on

1346

parole merely as a reward for good conduct or efficient

1347

performance of duties assigned in prison. No person shall be

1348

placed on parole until and unless the commission finds that

1349

there is reasonable probability that, if the person is placed on

1350

parole, he or she will live and conduct himself or herself as a

1351

respectable and law-abiding person and that the person's release

1352

will be compatible with his or her own welfare and the welfare

1353

of society. No person shall be placed on parole unless and until

1354

the commission is satisfied that he or she will be suitably

1355

employed in self-sustaining employment or that he or she will

1356

not become a public charge. The commission shall determine the

1357

terms upon which such person shall be granted parole. If the

1358

person's conviction was for a controlled substance violation,

1359

one of the conditions must be that the person submit to random

1360

substance abuse testing intermittently throughout the term of

1361

supervision, upon the direction of the correctional probation

1362

officer as defined in s. 943.10(3). In addition to any other

1363

lawful condition of parole, the commission may make the payment

1364

of the debt due and owing to the state under s. 960.17 or the

1365

payment of the attorney's fees and costs due and owing to the

1366

state under s. 938.29 a condition of parole subject to

1367

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

1368

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

1369

for the purpose of benefiting, promoting, or furthering the

1370

interests of a criminal gang, one of the conditions must be that

1371

the person be prohibited from knowingly associating with other

1372

criminal gang members or associates, except as authorized by law

1373

enforcement officials, prosecutorial authorities, or the court,

1374

for the purpose of aiding in the investigation of criminal

1375

activity.

1376

Section 26. Subsection (11) is added to section 947.1405,

1377

Florida Statutes, to read:

1378

947.1405 Conditional release program.--

1379

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

1380

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

1381

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

1382

furthering the interests of a criminal gang, the commission

1383

shall, in addition to any other conditions imposed, impose a

1384

condition prohibiting the releasee from knowingly associating

1385

with other criminal gang members or associates, except as

1386

authorized by law enforcement officials, prosecutorial

1387

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

1388

investigation of criminal activity.

1389

Section 27. Paragraph (d) of subsection (2) of section

1390

893.138, Florida Statutes, is amended to read:

1391

893.138 Local administrative action to abate drug-related,

1392

prostitution-related, or stolen-property-related public

1393

nuisances and criminal ~~street~~ gang activity.--

1394

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

1395

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

1396

conducting ~~a pattern of~~ criminal ~~street~~ gang activity as defined

1397

by s. 874.03; or

1398

1399

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

1400

be abated pursuant to the procedures provided in this section.

1401

Section 28. Paragraphs (d), (e), and (g) of subsection (3)

1402

of section 921.0022, Florida Statutes, are amended to read:

1403

921.0022 Criminal Punishment Code; offense severity

1404

ranking chart.--

1405

(3) OFFENSE SEVERITY RANKING CHART

1406

(d) LEVEL 4

1407

FloridaStatute

FelonyDegree

Description

1408

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.

1409

499.0051(1)

3rd

Failure to maintain or deliver pedigree papers.

1410

499.0051(2)

3rd

Failure to authenticate pedigree papers.

1411

499.0051(6)

2nd

Sale or delivery, or possession with intent to sell, contraband legend drugs.

1412

784.07(2)(b)

3rd

Battery of law enforcement officer, firefighter, intake officer, etc.

1413

784.074(1)(c)

3rd

Battery of sexually violent predators facility staff.

1414

784.075

3rd

Battery on detention or commitment facility staff.

1415

784.078

3rd

Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.

1416

784.08(2)(c)

3rd

Battery on a person 65 years of age or older.

1417

784.081(3)

3rd

Battery on specified official or employee.

1418

784.082(3)

3rd

Battery by detained person on visitor or other detainee.

1419

784.083(3)

3rd

Battery on code inspector.

1420

784.085

3rd

Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

1421

787.03(1)

3rd

Interference with custody; wrongly takes minor from appointed guardian.

1422

787.04(2)

3rd

Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

1423

787.04(3)

3rd

Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

1424

790.115(1)

3rd

Exhibiting firearm or weapon within 1,000 feet of a school.

1425

790.115(2)(b)

3rd

Possessing electric weapon or device, destructive device, or other weapon on school property.

1426

790.115(2)(c)

3rd

Possessing firearm on school property.

1427

800.04(7)(d)

3rd

Lewd or lascivious exhibition; offender less than 18 years.

1428

810.02(4)(a)

3rd

Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

1429

810.02(4)(b)

3rd

Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

1430

810.06

3rd

Burglary; possession of tools.

1431

810.08(2)(c)

3rd

Trespass on property, armed with firearm or dangerous weapon.

1432

812.014(2)(c)3.

3rd

Grand theft, 3rd degree $10,000 or more but less than $20,000.

1433

812.014(2)(c)4.-10.

3rd

Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

1434

812.0195(2)

3rd

Dealing in stolen property by use of the Internet; property stolen $300 or more.

1435

817.563(1)

3rd

Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

1436

817.568(2)(a)

3rd

Fraudulent use of personal identification information.

1437

817.625(2)(a)

3rd

Fraudulent use of scanning device or reencoder.

1438

828.125(1)

2nd

Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

1439

837.02(1)

3rd

Perjury in official proceedings.

1440

837.021(1)

3rd

Make contradictory statements in official proceedings.

1441

838.022

3rd

Official misconduct.

1442

839.13(2)(a)

3rd

Falsifying records of an individual in the care and custody of a state agency.

1443

839.13(2)(c)

3rd

Falsifying records of the Department of Children and Family Services.

1444

843.021

3rd

Possession of a concealed handcuff key by a person in custody.

1445

843.025

3rd

Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

1446

843.15(1)(a)

3rd

Failure to appear while on bail for felony (bond estreature or bond jumping).

1447

874.05(1)

3rd

Encouraging or recruiting another to join a criminal ~~street~~ gang.

1448

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).

1449

914.14(2)

3rd

Witnesses accepting bribes.

1450

914.22(1)

3rd

Force, threaten, etc., witness, victim, or informant.

1451

914.23(2)

3rd

Retaliation against a witness, victim, or informant, no bodily injury.

1452

918.12

3rd

Tampering with jurors.

1453

934.215

3rd

Use of two-way communications device to facilitate commission of a crime.

1454

1455

(e) LEVEL 5

1456

FloridaStatute

FelonyDegree

Description

1457

316.027(1)(a)

3rd

Accidents involving personal injuries, failure to stop; leaving scene.

1458

316.1935(4)(a)

2nd

Aggravated fleeing or eluding.

1459

322.34(6)

3rd

Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

1460

327.30(5)

3rd

Vessel accidents involving personal injury; leaving scene.

1461

381.0041(11)(b)

3rd

Donate blood, plasma, or organs knowing HIV positive.

1462

440.10(1)(g)

2nd

Failure to obtain workers' compensation coverage.

1463

440.105(5)

2nd

Unlawful solicitation for the purpose of making workers' compensation claims.

1464

440.381(2)

2nd

Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

1465

624.401(4)(b)2.

2nd

Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

1466

626.902(1)(c)

2nd

Representing an unauthorized insurer; repeat offender.

1467

790.01(2)

3rd

Carrying a concealed firearm.

1468

790.162

2nd

Threat to throw or discharge destructive device.

1469

790.163(1)

2nd

False report of deadly explosive or weapon of mass destruction.

1470

790.221(1)

2nd

Possession of short-barreled shotgun or machine gun.

1471

790.23

2nd

Felons in possession of firearms, ammunition, or electronic weapons or devices.

1472

800.04(6)(c)

3rd

Lewd or lascivious conduct; offender less than 18 years.

1473

800.04(7)(c)

2nd

Lewd or lascivious exhibition; offender 18 years or older.

1474

806.111(1)

3rd

Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

1475

812.0145(2)(b)

2nd

Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

1476

812.015(8)

3rd

Retail theft; property stolen is valued at $300 or more and one or more specified acts.

1477

812.019(1)

2nd

Stolen property; dealing in or trafficking in.

1478

812.131(2)(b)

3rd

Robbery by sudden snatching.

1479

812.16(2)

3rd

Owning, operating, or conducting a chop shop.

1480

817.034(4)(a)2.

2nd

Communications fraud, value $20,000 to $50,000.

1481

817.234(11)(b)

2nd

Insurance fraud; property value $20,000 or more but less than $100,000.

1482

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.

1483

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.

1484

817.625(2)(b)

2nd

Second or subsequent fraudulent use of scanning device or reencoder.

1485

825.1025(4)

3rd

Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

1486

827.071(4)

2nd

Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

1487

827.071(5)

3rd

Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.

1488

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.

1489

843.01

3rd

Resist officer with violence to person; resist arrest with violence.

1490

847.0137(2)&(3)

3rd

Transmission of pornography by electronic device or equipment.

1491

847.0138(2)&(3)

3rd

Transmission of material harmful to minors to a minor by electronic device or equipment.

1492

874.05(2)

2nd

Encouraging or recruiting another to join a criminal ~~street~~ gang; second or subsequent offense.

1493

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).

1494

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.

1495

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.

1496

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.

1497

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.

1498

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).

1499

1500

(g) LEVEL 7

1501

FloridaStatute

FelonyDegree

Description

1502

316.027(1)(b)

1st

Accident involving death, failure to stop; leaving scene.

1503

316.193(3)(c)2.

3rd

DUI resulting in serious bodily injury.

1504

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.

1505

327.35(3)(c)2.

3rd

Vessel BUI resulting in serious bodily injury.

1506

402.319(2)

2nd

Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

1507

409.920(2)

3rd

Medicaid provider fraud.

1508

456.065(2)

3rd

Practicing a health care profession without a license.

1509

456.065(2)

2nd

Practicing a health care profession without a license which results in serious bodily injury.

1510

458.327(1)

3rd

Practicing medicine without a license.

1511

459.013(1)

3rd

Practicing osteopathic medicine without a license.

1512

460.411(1)

3rd

Practicing chiropractic medicine without a license.

1513

461.012(1)

3rd

Practicing podiatric medicine without a license.

1514

462.17

3rd

Practicing naturopathy without a license.

1515

463.015(1)

3rd

Practicing optometry without a license.

1516

464.016(1)

3rd

Practicing nursing without a license.

1517

465.015(2)

3rd

Practicing pharmacy without a license.

1518

466.026(1)

3rd

Practicing dentistry or dental hygiene without a license.

1519

467.201

3rd

Practicing midwifery without a license.

1520

468.366

3rd

Delivering respiratory care services without a license.

1521

483.828(1)

3rd

Practicing as clinical laboratory personnel without a license.

1522

483.901(9)

3rd

Practicing medical physics without a license.

1523

484.013(1)(c)

3rd

Preparing or dispensing optical devices without a prescription.

1524

484.053

3rd

Dispensing hearing aids without a license.

1525

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.

1526

560.123(8)(b)1.

3rd

Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

1527

560.125(5)(a)

3rd

Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

1528

655.50(10)(b)1.

3rd

Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

1529

775.21(10)(a)

3rd

Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

1530

775.21(10)(b)

3rd

Sexual predator working where children regularly congregate.

1531

775.21(10)(g)

3rd

Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

1532

782.051(3)

2nd

Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

1533

782.07(1)

2nd

Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).

1534

782.071

2nd

Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

1535

782.072

2nd

Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).

1536

784.045(1)(a)1.

2nd

Aggravated battery; intentionally causing great bodily harm or disfigurement.

1537

784.045(1)(a)2.

2nd

Aggravated battery; using deadly weapon.

1538

784.045(1)(b)

2nd

Aggravated battery; perpetrator aware victim pregnant.

1539

784.048(4)

3rd

Aggravated stalking; violation of injunction or court order.

1540

784.048(7)

3rd

Aggravated stalking; violation of court order.

1541

784.07(2)(d)

1st

Aggravated battery on law enforcement officer.

1542

784.074(1)(a)

1st

Aggravated battery on sexually violent predators facility staff.

1543

784.08(2)(a)

1st

Aggravated battery on a person 65 years of age or older.

1544

784.081(1)

1st

Aggravated battery on specified official or employee.

1545

784.082(1)

1st

Aggravated battery by detained person on visitor or other detainee.

1546

784.083(1)

1st

Aggravated battery on code inspector.

1547

790.07(4)

1st

Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

1548

790.16(1)

1st

Discharge of a machine gun under specified circumstances.

1549

790.165(2)

2nd

Manufacture, sell, possess, or deliver hoax bomb.

1550

790.165(3)

2nd

Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

1551

790.166(3)

2nd

Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.

1552

790.166(4)

2nd

Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

1553

790.23

1st

Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.

1554

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.

1555

796.03

2nd

Procuring any person under 16 years for prostitution.

1556

800.04(5)(c)1.

2nd

Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

1557

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.

1558

806.01(2)

2nd

Maliciously damage structure by fire or explosive.

1559

810.02(3)(a)

2nd

Burglary of occupied dwelling; unarmed; no assault or battery.

1560

810.02(3)(b)

2nd

Burglary of unoccupied dwelling; unarmed; no assault or battery.

1561

810.02(3)(d)

2nd

Burglary of occupied conveyance; unarmed; no assault or battery.

1562

810.02(3)(e)

2nd

Burglary of authorized emergency vehicle.

1563

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.

1564

812.014(2)(b)2.

2nd

Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

1565

812.014(2)(b)3.

2nd

Property stolen, emergency medical equipment; 2nd degree grand theft.

1566

812.014(2)(b)4.

2nd

Property stolen, law enforcement equipment from authorized emergency vehicle.

1567

812.0145(2)(a)

1st

Theft from person 65 years of age or older; $50,000 or more.

1568

812.019(2)

1st

Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

1569

812.131(2)(a)

2nd

Robbery by sudden snatching.

1570

812.133(2)(b)

1st

Carjacking; no firearm, deadly weapon, or other weapon.

1571

817.234(8)(a)

2nd

Solicitation of motor vehicle accident victims with intent to defraud.

1572

817.234(9)

2nd

Organizing, planning, or participating in an intentional motor vehicle collision.

1573

817.234(11)(c)

1st

Insurance fraud; property value $100,000 or more.

1574

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.

1575

825.102(3)(b)

2nd

Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

1576

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.

1577

827.03(3)(b)

2nd

Neglect of a child causing great bodily harm, disability, or disfigurement.

1578

827.04(3)

3rd

Impregnation of a child under 16 years of age by person 21 years of age or older.

1579

837.05(2)

3rd

Giving false information about alleged capital felony to a law enforcement officer.

1580

838.015

2nd

Bribery.

1581

838.016

2nd

Unlawful compensation or reward for official behavior.

1582

838.021(3)(a)

2nd

Unlawful harm to a public servant.

1583

838.22

2nd

Bid tampering.

1584

847.0135(3)

3rd

Solicitation of a child, via a computer service, to commit an unlawful sex act.

1585

847.0135(4)

2nd

Traveling to meet a minor to commit an unlawful sex act.

1586

872.06

2nd

Abuse of a dead human body.

1587

874.10

1st

Directing the activities of a criminal gang.

1588

874.13

1st

Commission of a gang-related offense by a habitual felony offender.

1589

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.

1590

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.

1591

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).

1592

893.135(1)(a)1.

1st

Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

1593

893.135(1)(b)1.a.

1st

Trafficking in cocaine, more than 28 grams, less than 200 grams.

1594

893.135(1)(c)1.a.

1st

Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

1595

893.135(1)(d)1.

1st

Trafficking in phencyclidine, more than 28 grams, less than 200 grams.

1596

893.135(1)(e)1.

1st

Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.

1597

893.135(1)(f)1.

1st

Trafficking in amphetamine, more than 14 grams, less than 28 grams.

1598

893.135(1)(g)1.a.

1st

Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.

1599

893.135(1)(h)1.a.

1st

Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

1600

893.135(1)(j)1.a.

1st

Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

1601

893.135(1)(k)2.a.

1st

Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

1602

896.101(5)(a)

3rd

Money laundering, financial transactions exceeding $300 but less than $20,000.

1603

896.104(4)(a)1.

3rd

Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

1604

943.0435(4)(c)

2nd

Sexual offender vacating permanent residence; failure to comply with reporting requirements.

1605

943.0435(8)

2nd

Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

1606

943.0435(9)(a)

3rd

Sexual offender; failure to comply with reporting requirements.

1607

943.0435(13)

3rd

Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1608

943.0435(14)

3rd

Sexual offender; failure to report and reregister; failure to respond to address verification.

1609

944.607(9)

3rd

Sexual offender; failure to comply with reporting requirements.

1610

944.607(10)(a)

3rd

Sexual offender; failure to submit to the taking of a digitized photograph.

1611

944.607(12)

3rd

Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1612

944.607(13)

3rd

Sexual offender; failure to report and reregister; failure to respond to address verification.

1613

985.4815(10)

3rd

Sexual offender; failure to submit to the taking of a digitized photograph.

1614

985.4815(12)

3rd

Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1615

985.4815(13)

3rd

Sexual offender; failure to report and reregister; failure to respond to address verification.

1616

1617

Section 29. Subsection (1) of section 921.0024, Florida

1618

Statutes, is amended to read:

1619

921.0024 Criminal Punishment Code; worksheet computations;

1620

scoresheets.--

1621

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

1622

compute the subtotal and total sentence points as follows:

1623

1624

FLORIDA CRIMINAL PUNISHMENT CODE

1625

WORKSHEET

1626

1627

OFFENSE SCORE

1628

1629

Primary Offense

1630

Level

Sentence Points

Total

1631

1632

116

_____

1633

_____

1634

_____

1635

_____

1636

_____

1637

_____

1638

_____

1639

_____

1640

_____

1641

_____

1642

1643

Total

1644

1645

Additional Offenses

1646

Level

Sentence Points

Counts

Total

1647

1648

_____

1649

_____

1650

_____

1651

_____

1652

_____

1653

5.4

_____

1654

3.6

_____

1655

2.4

_____

1656

1.2

_____

1657

0.7

_____

1658

0.2

_____

1659

1660

Total

1661

1662

Victim Injury

1663

Level

Sentence Points

Number

Total

1664

1665

2nd degree murder- death

240

_____

1666

Death

120

_____

1667

Severe

_____

1668

Moderate

_____

1669

Slight

_____

1670

Sexual penetration

_____

1671

Sexual contact

_____

1672

1673

Total

1674

1675

Primary Offense + Additional Offenses + Victim Injury =

1676

TOTAL OFFENSE SCORE

1677

1678

PRIOR RECORD SCORE

1679

1680

Prior Record

1681

Level

Sentence Points

Number

Total

1682

1683

_____

1684

_____

1685

_____

1686

_____

1687

_____

1688

3.6

_____

1689

2.4

_____

1690

1.6

_____

1691

0.8

_____

1692

0.5

_____

1693

0.2

_____

1694

1695

Total

1696

1697

TOTAL OFFENSE SCORE

1698

TOTAL PRIOR RECORD SCORE

1699

1700

LEGAL STATUS

1701

COMMUNITY SANCTION VIOLATION

1702

PRIOR SERIOUS FELONY

1703

PRIOR CAPITAL FELONY

1704

FIREARM OR SEMIAUTOMATIC WEAPON

1705

SUBTOTAL__________

1706

1707

PRISON RELEASEE REOFFENDER (no)(yes)

1708

VIOLENT CAREER CRIMINAL (no)(yes)

1709

HABITUAL VIOLENT OFFENDER (no)(yes)

1710

HABITUAL OFFENDER (no)(yes)

1711

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

1712

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

1713

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

1714

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

1715

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

1716

(x multiplier)

1717

1718

TOTAL SENTENCE POINTS__________

1719

1720

(b) WORKSHEET KEY:

1721

1722

Legal status points are assessed when any form of legal status

1723

existed at the time the offender committed an offense before the

1724

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

1725

an offender's legal status.

1726

1727

Community sanction violation points are assessed when a

1728

community sanction violation is before the court for sentencing.

1729

Six (6) sentence points are assessed for each community sanction

1730

violation and each successive community sanction violation,

1731

unless any of the following apply:

1732

1. If the community sanction violation includes a new

1733

felony conviction before the sentencing court, twelve (12)

1734

community sanction violation points are assessed for the

1735

violation, and for each successive community sanction violation

1736

involving a new felony conviction.

1737

2. If the community sanction violation is committed by a

1738

violent felony offender of special concern as defined in s.

1739

948.06:

1740

a. Twelve (12) community sanction violation points are

1741

assessed for the violation and for each successive violation of

1742

felony probation or community control where:

1743

(I) The violation does not include a new felony

1744

conviction; and

1745

(II) The community sanction violation is not based solely

1746

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

1747

or make restitution payments.

1748

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

1749

are assessed for the violation and for each successive violation

1750

of felony probation or community control where the violation

1751

includes a new felony conviction.

1752

1753

Multiple counts of community sanction violations before the

1754

sentencing court shall not be a basis for multiplying the

1755

assessment of community sanction violation points.

1756

1757

Prior serious felony points: If the offender has a primary

1758

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

1759

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

1760

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

1761

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

1762

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

1763

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

1764

offender is serving a sentence of confinement, supervision, or

1765

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

1766

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

1767

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

1768

additional offense was committed.

1769

1770

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

1771

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

1772

shall be added to the subtotal sentence points of the offender

1773

equal to twice the number of points the offender receives for

1774

the primary offense and any additional offense. A prior capital

1775

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

1776

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

1777

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

1778

another jurisdiction which is a capital felony in that

1779

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

1780

committed in this state.

1781

1782

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

1783

If the offender is convicted of committing or attempting to

1784

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

1785

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

1786

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

1787

assessed; or if the offender is convicted of committing or

1788

attempting to commit any felony other than those enumerated in

1789

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

1790

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

1791

gun as defined in s. 790.001(9), an additional twenty-five (25)

1792

sentence points are assessed.

1793

1794

Sentencing multipliers:

1795

1796

Drug trafficking: If the primary offense is drug trafficking

1797

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

1798

at the discretion of the court, for a level 7 or level 8

1799

offense, by 1.5. The state attorney may move the sentencing

1800

court to reduce or suspend the sentence of a person convicted of

1801

a level 7 or level 8 offense, if the offender provides

1802

substantial assistance as described in s. 893.135(4).

1803

1804

Law enforcement protection: If the primary offense is a

1805

violation of the Law Enforcement Protection Act under s.

1806

775.0823(2), (3), or (4), the subtotal sentence points are

1807

multiplied by 2.5. If the primary offense is a violation of s.

1808

775.0823(5), (6), (7), (8), or (9), the subtotal sentence points

1809

are multiplied by 2.0. If the primary offense is a violation of

1810

s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement

1811

Protection Act under s. 775.0823(10) or (11), the subtotal

1812

sentence points are multiplied by 1.5.

1813

1814

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

1815

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

1816

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

1817

the third degree involving a motor vehicle, the subtotal

1818

sentence points are multiplied by 1.5.

1819

1820

Offense related to a criminal ~~street~~ gang: If the offender is

1821

convicted of the primary offense and committed that offense for

1822

the purpose of benefiting, promoting, or furthering the

1823

interests of a criminal ~~street~~ gang as prohibited under s.

1824

874.04, the subtotal sentence points are multiplied by 1.5.

1825

1826

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

1827

convicted of the primary offense and the primary offense is a

1828

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

1829

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

1830

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

1831

the victim or perpetrator, the subtotal sentence points are

1832

multiplied by 1.5.

1833

Section 30. Paragraph (n) of subsection (5) of section

1834

921.141, Florida Statutes, is amended to read:

1835

921.141 Sentence of death or life imprisonment for capital

1836

felonies; further proceedings to determine sentence.--

1837

(5) AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances

1838

shall be limited to the following:

1839

(n) The capital felony was committed by a criminal ~~street~~

1840

gang member, as defined in s. 874.03.

1841

Section 31. Paragraph (c) of subsection (10) of section

1842

943.325, Florida Statutes, is amended to read:

1843

943.325 Blood or other biological specimen testing for DNA

1844

analysis.--

1845

(10)

1846

1847

specified in this section, or a crime which, if committed in

1848

this state, would be an offense specified in this section, and

1849

who is also subject to the registration requirement imposed by

1850

s. 775.13, shall be subject to the collection requirement of

1851

this section when the appropriate agency described in this

1852

section verifies the identification information of the person.

1853

The collection requirement of this section does not apply to a

1854

person as described in s. 775.13(4)~~(5)~~.

1855

Section 32. Subsection (30) of section 984.03, Florida

1856

Statutes, is amended to read:

1857

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

1858

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

1859

limited to, delinquency prevention programs and services

1860

designed for the purpose of preventing or reducing delinquent

1861

acts, including criminal activity by criminal ~~youth~~ gangs and

1862

juvenile arrests, as well as programs and services targeted at

1863

children who have committed delinquent acts, and children who

1864

have previously been committed to residential treatment programs

1865

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

1866

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

1867

substance abuse and mental health programs; educational and

1868

vocational programs; recreational programs; community services

1869

programs; community service work programs; and alternative

1870

dispute resolution programs serving children at risk of

1871

delinquency and their families, whether offered or delivered by

1872

state or local governmental entities, public or private for-

1873

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

1874

charitable organizations.

1875

Section 33. Paragraph (c) of subsection (15) and

1876

subsection (29) of section 985.03, Florida Statutes, are amended

1877

to read:

1878

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

1879

(15)

1880

1881

designed for the purpose of reducing the occurrence of

1882

delinquency, including criminal ~~youth and street~~ gang activity,

1883

and juvenile arrests. The term excludes arbitration,

1884

diversionary or mediation programs, and community service work

1885

or other treatment available subsequent to a child committing a

1886

delinquent act.

1887

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

1888

limited to, delinquency prevention programs and services

1889

designed for the purpose of preventing or reducing delinquent

1890

acts, including criminal activity by criminal ~~youth~~ gangs, and

1891

juvenile arrests, as well as programs and services targeted at

1892

children who have committed delinquent acts, and children who

1893

have previously been committed to residential treatment programs

1894

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

1895

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

1896

substance abuse and mental health programs; educational and

1897

career programs; recreational programs; community services

1898

programs; community service work programs; and alternative

1899

dispute resolution programs serving children at risk of

1900

delinquency and their families, whether offered or delivered by

1901

state or local governmental entities, public or private for-

1902

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

1903

charitable organizations.

1904

Section 34. Paragraph (c) of subsection (1) of section

1905

985.047, Florida Statutes, is amended to read:

1906

985.047 Information systems.--

1907

(1)

1908

1909

becoming a serious habitual juvenile offender" means a juvenile

1910

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

1911

the following criteria:

1912

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

1913

offense or sexual battery.

1914

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

1915

for felony offenses. Three of such arrests must have occurred

1916

within the preceding 12-month period.

1917

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

1918

felony offenses. Three of such arrests must have occurred within

1919

the preceding 12-month period.

1920

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

1921

a felony offense and occurred within the preceding 12-month

1922

period.

1923

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

1924

of the following offenses:

1925

a. Petit theft;

1926

b. Misdemeanor assault;

1927

c. Possession of a controlled substance;

1928

d. Weapon or firearm violation; or

1929

e. Substance abuse.

1930

1931

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

1932

month period.

1933

6. Meets at least one of the criteria for criminal ~~youth~~

1934

~~and street~~ gang membership.

1935

Section 35. Paragraph (a) of subsection (6) and subsection

1936

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

1937

985.433 Disposition hearings in delinquency cases.--When a

1938

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

1939

following procedures shall be applicable to the disposition of

1940

the case:

1941

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

1942

determination of the suitability or nonsuitability for

1943

adjudication and commitment of the child to the department. This

1944

determination shall include consideration of the recommendations

1945

of the department, which may include a predisposition report.

1946

The predisposition report shall include, whether as part of the

1947

child's multidisciplinary assessment, classification, and

1948

placement process components or separately, evaluation of the

1949

following criteria:

1950

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

1951

the court determines under chapter 874 that the child was a

1952

member of a criminal ~~street~~ gang at the time of the commission

1953

of the offense, the seriousness of the offense to the community

1954

shall be given great weight.

1955

1956

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

1957

in this subsection are general guidelines to be followed at the

1958

discretion of the court and not mandatory requirements of

1959

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

1960

for the appeal of the disposition made under this section.

1961

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

1962

adjudicated as having committed a delinquent act and should be

1963

committed to the department, such determination shall be in

1964

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

1965

include a specific finding of the reasons for the decision to

1966

adjudicate and to commit the child to the department, including

1967

any determination that the child was a member of a criminal

1968

~~street~~ gang.

1969

(a) The juvenile probation officer shall recommend to the

1970

court the most appropriate placement and treatment plan,

1971

specifically identifying the restrictiveness level most

1972

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

1973

child was a member of a criminal ~~street~~ gang, that determination

1974

shall be given great weight in identifying the most appropriate

1975

restrictiveness level for the child. The court shall consider

1976

the department's recommendation in making its commitment

1977

decision.

1978

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

1979

the restrictiveness level identified or may order placement at a

1980

different restrictiveness level. The court shall state for the

1981

record the reasons that establish by a preponderance of the

1982

evidence why the court is disregarding the assessment of the

1983

child and the restrictiveness level recommended by the

1984

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

1985

in a modified level of restrictiveness under this paragraph.

1986

1987

a probation program following the child's discharge from

1988

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

1989

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

1990

time prior to the child's release from commitment.

1991

Section 36. The Division of Statutory Revision is directed

1992

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

1993

"Criminal Gang Enforcement and Prevention."

1994

Section 37. This act shall take effect October 1, 2008.

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