CS/CS/HB 43

1	A bill to be entitled
2	An act relating to criminal activity; amending s. 775.13,
3	F.S.; requiring certain felons whose offenses related to
4	criminal gangs to register; providing penalties; amending
5	s. 790.23, F.S.; providing penalties for certain persons
6	possessing a firearm; amending s. 775.0846, F.S.;
7	providing that a person commits a third degree felony if
8	he or she possesses a bulletproof vest while committing or
9	attempting to commit specified crimes; amending s. 823.05,
10	F.S.; revising provisions relating to the enjoining of
11	public nuisances to include certain nuisances related to
12	criminal gangs and criminal gang activities; providing for
13	enjoining such nuisances; providing for local laws;
14	amending s. 874.01, F.S.; revising a short title; amending
15	s. 874.02, F.S.; revising legislative findings and intent;
16	amending s. 874.03, F.S.; creating and revising
17	definitions; redefining "criminal street gangs" as
18	"criminal gangs"; amending s. 874.04, F.S.; conforming
19	provisions; revising an evidentiary standard; creating s.
20	874.045, F.S.; providing that chapter 874, F.S., does not
21	preclude arrest and prosecution under other specified
22	provisions; amending s. 874.05, F.S.; revising provisions
23	relating to soliciting or causing another to join a
24	criminal gang; amending s. 874.06, F.S.; authorizing the
25	state to bring civil actions for certain violations;
26	providing that a plaintiff has a superior claim to
27	property or proceeds; providing penalties for knowing
28	violation of certain orders; amending s. 874.08, F.S.;
29	conforming provisions relating to forfeiture; amending s.
30	874.09, F.S.; providing additional powers for the
31	Department of Law Enforcement and local law enforcement
32	agencies relating to crime data information; creating s.
33	874.10, F.S.; prohibiting persons from knowingly
34	initiating, organizing, planning, financing, directing,
35	managing, or supervising criminal gang-related activity;
36	providing penalties; creating s. 874.11, F.S.; prohibiting
37	use of electronic communications to further the interests
38	of a criminal gang; providing penalties; creating s.
39	874.12, F.S.; defining the term "identification document";
40	prohibiting possession of certain identification documents
41	for specified purposes; providing penalties; amending s.
42	895.02, F.S.; adding certain offenses to the definition of
43	"racketeering activity"; conforming terminology to changes
44	made by this act; amending s. 903.046, F.S.; adding to the
45	list of items a court may consider when determining
46	whether to release a defendant on bail; amending s.
47	914.22, F.S.; revising the penalties for tampering with or
48	harassing witnesses; amending s. 943.031, F.S.; revising
49	provisions relating to the Florida Violent Crime and Drug
50	Control Council; providing duties concerning criminal
51	gangs; creating the Drug Control Strategy and Criminal
52	Gangs Committee; providing for duties of the committee
53	concerning funding of certain programs; providing for
54	reports; creating s. 948.033, F.S.; prohibiting certain
55	probationers or community controllees from communicating
56	with criminal gang members; providing exceptions; amending
57	s. 947.18, F.S.; prohibiting certain parolees from
58	communicating with criminal gang members; providing
59	exceptions; amending s. 947.1405, F.S.; prohibiting
60	certain conditional releasees from communicating with
61	criminal gang members; providing exceptions; amending s.
62	893.138, F.S.; conforming terminology to changes made by
63	this act; amending s. 921.0022, F.S.; adding offenses to
64	the offense severity ranking chart of the Criminal
65	Punishment Code; conforming terminology to changes made by
66	this act; amending ss. 921.0024, 921.141, 943.325, 984.03,
67	985.03, 985.047, and 985.433, F.S.; conforming cross-
68	references and terminology to changes made by this act;
69	providing a directive to the Division of Statutory
70	Revision; creating the Coordinating Council on Criminal
71	Gang Reduction Strategies; providing membership of the
72	council; providing duties of the council; providing for
73	expiration of the council; providing effective dates.
74
75	Be It Enacted by the Legislature of the State of Florida:
76
77	Section 1.  Subsections (2), (4), (5), (6), and (7) of
78	section 775.13, Florida Statutes, are amended to read:
79	775.13  Registration of convicted felons, exemptions;
80	penalties.--
81	(2)  Any person who has been convicted of a felony in any
82	court of this state shall, within 48 hours after entering any
83	county in this state, register with the sheriff of said county,
84	be fingerprinted and photographed, and list the crime for which
85	convicted, place of conviction, sentence imposed, if any, name,
86	aliases, if any, address, and occupation. If the felony
87	conviction is for an offense that was found, pursuant to s.
88	874.04, to have been committed for the purpose of benefiting,
89	promoting, or furthering the interests of a criminal gang, the
90	registrant shall identify himself or herself as such an
91	offender. The Department of Law Enforcement, in consultation
92	with appropriate local law enforcement agencies, may develop
93	standardized practices for the inclusion of gang affiliation at
94	the time of offender registration.
95	(4)  In lieu of registering with the sheriff as required by
96	this section, such registration may be made with the Department
97	of Law Enforcement, and is subject to the same terms and
98	conditions as required for registration with the sheriff.
99	(4)(5)  This section does not apply to an offender:
100	(a)  Who has had his or her civil rights restored;
101	(b)  Who has received a full pardon for the offense for
102	which convicted;
103	(c)  Who has been lawfully released from incarceration or
104	other sentence or supervision for a felony conviction for more
105	than 5 years prior to such time for registration, unless the
106	offender is a fugitive from justice on a felony charge or has
107	been convicted of any offense since release from such
108	incarceration or other sentence or supervision;
109	(d)  Who is a parolee or probationer under the supervision
110	of the United States Parole Commission if the commission knows
111	of and consents to the presence of the offender in Florida or is
112	a probationer under the supervision of any federal probation
113	officer in the state or who has been lawfully discharged from
114	such parole or probation;
115	(e)  Who is a sexual predator and has registered as
116	required under s. 775.21;
117	(f)  Who is a sexual offender and has registered as
118	required in s. 943.0435 or s. 944.607; or
119	(g)  Who is a career offender who has registered as
120	required in s. 775.261 or s. 944.609.
121	(5)(6)  The failure of any such convicted felon to comply
122	with this section:
123	(a)  With regard to any felon not listed in paragraph (b),
124	constitutes a misdemeanor of the second degree, punishable as
125	provided in s. 775.082 or s. 775.083.
126	(b)  With regard to any felon who has been found, pursuant
127	to s. 874.04, to have committed any offense for the purpose of
128	benefiting, promoting, or furthering the interests of a criminal
129	gang, constitutes a felony of the third degree, punishable as
130	provided in s. 775.082, s. 775.083, or s. 775.084.
131	(6)(7)  All laws and parts of laws in conflict herewith are
132	hereby repealed, provided that Nothing in this section shall be
133	construed to affect any law of this state relating to
134	registration of criminals where the penalties for registration,
135	notification, or reporting obligations are in addition to, or in
136	excess of, those imposed by this section.
137	Section 2.  Section 790.23, Florida Statutes, is amended to
138	read:
139	790.23  Felons and delinquents; possession of firearms,
140	ammunition, or electric weapons or devices unlawful.--
141	(1)  It is unlawful for any person to own or to have in his
142	or her care, custody, possession, or control any firearm,
143	ammunition, or electric weapon or device, or to carry a
144	concealed weapon, including a tear gas gun or chemical weapon or
145	device, if that person has been:
146	(a)  Convicted of a felony in the courts of this state;
147	(b)  Found, in the courts of this state, to have committed
148	a delinquent act that would be a felony if committed by an adult
149	and such person is under 24 years of age;
150	(c)  Convicted of or found to have committed a crime
151	against the United States which is designated as a felony;
152	(d)  Found to have committed a delinquent act in another
153	state, territory, or country that would be a felony if committed
154	by an adult and which was punishable by imprisonment for a term
155	exceeding 1 year and such person is under 24 years of age; or
156	(e)  Found guilty of an offense that is a felony in another
157	state, territory, or country and which was punishable by
158	imprisonment for a term exceeding 1 year.
159	(2)  This section shall not apply to a person convicted of
160	a felony whose civil rights and firearm authority have been
161	restored.
162	(3)  Except as otherwise provided in subsection (4), any
163	person who violates this section commits a felony of the second
164	degree, punishable as provided in s. 775.082, s. 775.083, or s.
165	775.084.
166	(4)  Notwithstanding the provisions of s. 874.04, if the
167	offense described in subsection (1) has been committed by a
168	person who has previously qualified or currently qualifies for
169	the penalty enhancements provided for in s. 874.04, the offense
170	is a felony of the first degree, punishable by a term of years
171	not exceeding life or as provided in s. 775.082, s. 775.083, or
172	s. 775.084.
173	Section 3.  Section 775.0846, Florida Statutes, is amended
174	to read:
175	775.0846  Possession of Wearing bulletproof vest while
176	committing certain offenses.--
177	(1)  As used in For the purposes of this section, the term
178	"bulletproof vest" means a bullet-resistant soft body armor
179	providing, as a minimum standard, the level of protection known
180	as "threat level I," which shall mean at least seven layers of
181	bullet-resistant material providing protection from three shots
182	of 158-grain lead ammunition fired from a .38 caliber handgun at
183	a velocity of 850 feet per second.
184	(2)  No A person may possess is guilty of the unlawful
185	wearing of a bulletproof vest while when, acting alone or with
186	one or more other persons and while possessing a firearm, he or
187	she commits or attempts to commit any murder, sexual battery,
188	robbery, burglary, arson, aggravated assault, aggravated
189	battery, kidnapping, escape, breaking and entering with intent
190	to commit a felony, criminal gang-related offense under chapter
191	874, controlled substance offense under chapter 893, or aircraft
192	piracy and such possession is, in the course of and in
193	furtherance of any such crime, he or she wears a bulletproof
194	vest.
195	(3)  Any person who violates is convicted of a violation of
196	this section commits is guilty of a felony of the third degree,
197	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
198	Section 4.  Section 823.05, Florida Statutes, is amended to
199	read:
200	823.05  Places and groups engaged in criminal gang-related
201	activity declared a nuisance; may be abated and enjoined.--
202	(1)  Whoever shall erect, establish, continue, or maintain,
203	own or lease any building, booth, tent or place which tends to
204	annoy the community or injure the health of the community, or
205	become manifestly injurious to the morals or manners of the
206	people as described in s. 823.01, or shall be frequented by the
207	class of persons mentioned in s. 856.02, or any house or place
208	of prostitution, assignation, lewdness or place or building
209	where games of chance are engaged in violation of law or any
210	place where any law of the state is violated, shall be deemed
211	guilty of maintaining a nuisance, and the building, erection,
212	place, tent or booth and the furniture, fixtures, and contents
213	are declared a nuisance. All such places or persons shall be
214	abated or enjoined as provided in ss. 60.05 and 60.06.
215	(2)(a)  As used in this subsection, the terms "criminal
216	gang," "criminal gang member," "criminal gang associate," and
217	"criminal gang-related activity" have the same meanings as
218	provided in s. 874.03.
219	(b)  A criminal gang, criminal gang member, or criminal
220	gang associate who engages in the commission of criminal gang-
221	related activity is a public nuisance. Any and all such persons
222	shall be abated or enjoined as provided in ss. 60.05 and 60.06.
223	(c)  The use of a location on two or more occasions by a
224	criminal gang, criminal gang members, or criminal gang
225	associates for the purpose of engaging in criminal gang-related
226	activity is a public nuisance. Such use of a location as a
227	public nuisance shall be abated or enjoined as provided in ss.
228	60.05 and 60.06.
229	(d)  Nothing in this subsection shall prevent a local
230	governing body from adopting and enforcing laws consistent with
231	this chapter relating to criminal gangs and gang violence. Where
232	local laws duplicate or supplement this chapter, this chapter
233	shall be construed as providing alternative remedies and not as
234	preempting the field.
235	(e)  The state, through the Department of Legal Affairs or
236	any state attorney, or any of the state's agencies,
237	instrumentalities, subdivisions, or municipalities having
238	jurisdiction over conduct in violation of a provision of this
239	chapter may institute civil proceedings under this subsection.
240	In any action brought under this subsection, the circuit court
241	shall proceed as soon as practicable to the hearing and
242	determination. Pending final determination, the circuit court
243	may at any time enter such injunctions, prohibitions, or
244	restraining orders, or take such actions, including the
245	acceptance of satisfactory performance bonds, as the court may
246	deem proper.
247	Section 5.  Section 874.01, Florida Statutes, is amended to
248	read:
249	874.01  Short title.--This chapter may be cited as the
250	"Criminal Street Gang Prevention Act of 1996."
251	Section 6.  Section 874.02, Florida Statutes, is amended to
252	read:
253	874.02  Legislative findings and intent.--
254	(1)  The Legislature finds that it is the right of every
255	person, regardless of race, color, creed, religion, national
256	origin, sex, age, sexual orientation, or handicap, to be secure
257	and protected from fear, intimidation, and physical harm caused
258	by the activities of criminal street gangs and their members. It
259	is not the intent of this chapter to interfere with the exercise
260	of the constitutionally protected rights of freedom of
261	expression and association. The Legislature recognizes the
262	constitutional right of every citizen to harbor and express
263	beliefs on any lawful subject whatsoever, to lawfully associate
264	with others who share similar beliefs, to petition lawfully
265	constituted authority for a redress of perceived grievances, and
266	to participate in the electoral process.
267	(2)  The Legislature finds, however, that the state is
268	facing a mounting crisis caused by criminal street gangs whose
269	members threaten and terrorize peaceful citizens and commit a
270	multitude of crimes. These criminal street gang activities, both
271	individually and collectively, present a clear and present
272	danger. Street gangs, terrorist organizations, and hate groups
273	have evolved into increasingly sophisticated and complex
274	organized crime groups in their criminal tactics, schemes, and
275	brutality. The state has a compelling interest in preventing
276	criminal street gang activity and halting the real and present
277	danger posed by the proliferation of criminal gangs and the
278	graduation from more primitive forms of criminal gangs to highly
279	sophisticated criminal gangs. For these reasons, and the
280	Legislature finds that the provisions of this chapter act are
281	essential necessary to maintain the public order and safety.
282	(3)  It is the intent of the Legislature to outlaw certain
283	conduct associated with the existence and proliferation of
284	criminal gangs, provide eradicate the terror created by criminal
285	street gangs and their members by providing enhanced criminal
286	penalties, and eliminate and by eliminating the patterns,
287	profits, proceeds, instrumentalities, and property facilitating
288	criminal street gang activity, including criminal street gang
289	recruitment.
290	(4)  The Legislature finds that the timely reporting and
291	exchange of criminal gang information facilitates the ability of
292	law enforcement agencies to monitor and anticipate criminal
293	activities of gangs and their members. Additionally, the timely
294	and standardized reporting of such criminal gang information
295	supports the identification of gang members via the criminal
296	justice information system and directly contributes to law
297	enforcement officers' safety. For these reasons, it is the
298	intent of the Legislature to encourage state and local law
299	enforcement agencies to facilitate the exchange of crime data
300	information through the statewide criminal gang database as
301	provided in s. 874.09.
302	Section 7.  Section 874.03, Florida Statutes, is amended to
303	read:
304	874.03  Definitions.--As used in this chapter:
305	(1)  "Criminal street gang" means a formal or informal
306	ongoing organization, association, or group that has as one of
307	its primary activities the commission of criminal or delinquent
308	acts, and that consists of three or more persons who have a
309	common name or common identifying signs, colors, or symbols,
310	including, but not limited to, terrorist organizations and hate
311	groups and have two or more members who, individually or
312	collectively, engage in or have engaged in a pattern of criminal
313	street gang activity.
314	(a)  As used in this subsection, "ongoing" means that the
315	organization was in existence during the time period charged in
316	a petition, information, indictment, or action for civil
317	injunctive relief.
318	(b)  As used in this subsection, "primary activities" means
319	that a criminal gang spends a substantial amount of time engaged
320	in such activity, although such activity need not be the only,
321	or even the most important activity, in which the criminal gang
322	engages.
323	(2)  "Criminal gang associate" means a person who:
324	(a)  Admits to criminal gang association; or
325	(b)  Meets any single defining criterion for criminal gang
326	membership described in subsection (3).
327	(3)(2)  "Criminal street gang member" is a person who is a
328	member of a criminal street gang as defined in subsection (1)
329	and who meets two or more of the following criteria:
330	(a)  Admits to criminal street gang membership.
331	(b)  Is identified as a criminal street gang member by a
332	parent or guardian.
333	(c)  Is identified as a criminal street gang member by a
334	documented reliable informant.
335	(d)  Adopts the style of dress of a criminal gang Resides
336	in or frequents a particular criminal street gang's area and
337	adopts their style of dress, their use of hand signs, or their
338	tattoos, and associates with known criminal street gang members.
339	(e)  Adopts the use of a hand sign identified as used by a
340	criminal gang.
341	(f)  Has a tattoo identified as used by a criminal gang.
342	(g)  Associates with one or more known criminal gang
343	members.
344	(h)(e)  Is identified as a criminal street gang member by
345	an informant of previously untested reliability and such
346	identification is corroborated by independent information.
347	(f)  Has been arrested more than once in the company of
348	identified criminal street gang members for offenses which are
349	consistent with usual criminal street gang activity.
350	(i)(g)  Is identified as a criminal street gang member by
351	physical evidence such as photographs or other documentation.
352	(j)(h)  Has been observed stopped in the company of one or
353	more known criminal street gang members four or more times.
354	Observation in a custodial setting requires a willful
355	association. It is the intent of the legislature to allow this
356	criterion to be used to identify gang members who recruit and
357	organize in jails, prisons, and other detention settings.
358	(k)  Has authored any communication indicating
359	responsibility for the commission of any crime by the criminal
360	gang.
361
362	Where a single act or factual transaction satisfies the
363	requirements of more than one of the criteria in this
364	subsection, each of those criteria has thereby been satisfied
365	for the purposes of the statute.
366	(3)  "Pattern of criminal street gang activity" means the
367	commission or attempted commission of, or solicitation or
368	conspiracy to commit, two or more felony or three or more
369	misdemeanor offenses, or one felony and two misdemeanor
370	offenses, or the comparable number of delinquent acts or
371	violations of law which would be felonies or misdemeanors if
372	committed by an adult, on separate occasions within a 3-year
373	period.
374	(4)  For purposes of law enforcement identification and
375	tracking only:
376	(a)  "criminal street gang associate" means a person who:
377	1.  Admits to criminal street gang association; or
378	2.  Meets any single defining criterion for criminal street
379	gang membership described in subsection (2).
380	(b)  "Gang-related incident" means an incident that, upon
381	investigation, meets any of the following conditions:
382	1.  The participants are identified as criminal street gang
383	members or criminal street gang associates, acting, individually
384	or collectively, to further any criminal purpose of the gang;
385	2.  A reliable informant identifies an incident as criminal
386	street gang activity; or
387	3.  an informant of previously untested reliability
388	identifies an incident as criminal street gang activity and it
389	is corroborated by independent information.
390	(4)  "Criminal gang-related activity" means:
391	(a)  An activity committed with the intent to benefit,
392	promote, or further the interests of a criminal gang, or for the
393	purposes of increasing a person's own standing or position
394	within a criminal gang;
395	(b)  An activity in which the participants are identified
396	as criminal gang members or criminal gang associates acting
397	individually or collectively to further any criminal purpose of
398	a criminal gang;
399	(c)  An activity that is identified as criminal gang
400	activity by a documented reliable informant; or
401	(d)  An activity that is identified as criminal gang
402	activity by an informant of previously untested reliability and
403	such identification is corroborated by independent information.
404	(5)  "Electronic communication" has the meaning provided in
405	s. 934.02 and includes, but is not limited to, photographs,
406	video, telephone communications, text messages, facsimile,
407	electronic mail messages as defined in s. 668.602, and instant
408	message real-time communications with other individuals through
409	the Internet or other means.
410	(6)  "Hate group" means an organization whose primary
411	purpose is to promote animosity, hostility, and malice against a
412	person or persons or against the property of a person or persons
413	because of race, religion, disability, sexual orientation,
414	ethnicity, or national origin.
415	(7)  "Terrorist organization" means any organized group
416	engaged in or organized for the purpose of engaging in terrorism
417	as defined in s. 775.30. This definition shall not be construed
418	to prevent prosecution under this chapter of individuals acting
419	alone.
420	Section 8.  Section 874.04, Florida Statutes, is amended to
421	read:
422	874.04  Gang-related offenses Criminal street gang
423	activity; enhanced penalties.--Upon a finding by the factfinder
424	court at sentencing that the defendant committed the charged
425	offense for the purpose of benefiting, promoting, or furthering
426	the interests of a criminal street gang, the penalty for any
427	felony or misdemeanor, or any delinquent act or violation of law
428	which would be a felony or misdemeanor if committed by an adult,
429	may be enhanced. Penalty enhancement affects the applicable
430	statutory maximum penalty only. Each of the findings required as
431	a basis for such sentence shall be found beyond a reasonable
432	doubt by a preponderance of the evidence. The enhancement will
433	be as follows:
434	(1)(a)  A misdemeanor of the second degree may be punished
435	as if it were a misdemeanor of the first degree.
436	(b)  A misdemeanor of the first degree may be punished as
437	if it were a felony of the third degree. For purposes of
438	sentencing under chapter 921 and determining incentive gain-time
439	eligibility under chapter 944, such offense is ranked in level 1
440	of the offense severity ranking chart. The criminal street gang
441	multiplier in s. 921.0024 does not apply to misdemeanors
442	enhanced under this paragraph.
443	(2)(a)  A felony of the third degree may be punished as if
444	it were a felony of the second degree.
445	(b)  A felony of the second degree may be punished as if it
446	were a felony of the first degree.
447	(c)  A felony of the first degree may be punished as if it
448	were a life felony.
449
450	For purposes of sentencing under chapter 921 and determining
451	incentive gain-time eligibility under chapter 944, such felony
452	offense is ranked as provided in s. 921.0022 or s. 921.0023, and
453	without regard to the penalty enhancement in this subsection.
454	For purposes of this section, penalty enhancement affects the
455	applicable statutory maximum penalty only.
456	Section 9.  Section 874.045, Florida Statutes, is created
457	to read:
458	874.045  Arrest and prosecution under other
459	provisions.--Nothing in this chapter shall prohibit the arrest
460	and prosecution of a criminal gang member under chapter 876,
461	chapter 895, chapter 896, s. 893.20, or any other applicable
462	provision of law except to the extent otherwise prohibited
463	pursuant to a statutory or constitutional provision.
464	Section 10.  Section 874.05, Florida Statutes, is amended
465	to read:
466	874.05  Causing, encouraging, soliciting, or recruiting
467	criminal street gang membership.--
468	(1)  Except as provided in subsection (2), a person who
469	intentionally causes, encourages, solicits, or recruits another
470	person to become a criminal gang member where join a criminal
471	street gang that requires as a condition of membership or
472	continued membership is the commission of any crime commits a
473	felony of the third degree, punishable as provided in s.
474	775.082, s. 775.083, or s. 775.084.
475	(2)  A person who commits Upon a second or subsequent
476	violation offense, the person commits a felony of the second
477	degree, punishable as provided in s. 775.082, s. 775.083, or s.
478	775.084.
479	Section 11.  Section 874.06, Florida Statutes, is amended
480	to read:
481	874.06  Civil cause of action.--
482	(1)  A person or organization establishing, by clear and
483	convincing evidence, coercion, intimidation, threats, or other
484	harm to that person or organization in violation of this chapter
485	has a civil cause of action for treble damages, an injunction,
486	or any other appropriate relief in law or equity. Upon
487	prevailing, the plaintiff may recover reasonable attorney's fees
488	in the trial and appellate courts and the costs of investigation
489	and litigation that are reasonably incurred and costs.
490	(2)(a)  For purposes of this subsection, the term "state"
491	includes any of the state's agencies, instrumentalities,
492	subdivisions, or municipalities, and includes, but is not
493	limited to, state attorneys and the Office of Statewide
494	Prosecution of the Department of Legal Affairs.
495	(b)  In addition to any remedies provided for by ss. 60.05
496	and 823.05, the state has a civil cause of action against any
497	person or organization if it proves by clear and convincing
498	evidence that it has been injured by reason of a violation of
499	this chapter by the person or organization. The state has a
500	civil cause of action for treble damages, injunctive relief, or
501	any other relief in law or equity which the court deems
502	appropriate. If the state prevails, it may also recover
503	attorney's fees in the trial and appellate courts and the costs
504	of investigation and litigation that are reasonably incurred.
505	The state may not recover punitive damages. The defendant is
506	entitled to recover reasonable attorney's fees and court costs
507	if the court finds that the state raised a claim that was
508	without factual or legal support and was vexatious, frivolous,
509	or brought in bad faith.
510	(3)  A prevailing plaintiff under subsection (1) has a
511	right or claim that is superior to any right or claim that the
512	state has in the same property or proceeds.
513	(4)  A person who knowingly violates a temporary or
514	permanent order issued under this section or s. 60.05 commits a
515	misdemeanor of the first degree, punishable as provided in s.
516	775.082 or s. 775.083.
517	Section 12.  Section 874.08, Florida Statutes, is amended
518	to read:
519	874.08  Criminal gang activity and Profits, proceeds, and
520	instrumentalities of criminal street gangs or criminal street
521	gang recruitment; forfeiture.--All profits, proceeds, and
522	instrumentalities of criminal street gang activity and all
523	property used or intended or attempted to be used to facilitate
524	the criminal activity of any criminal street gang or of any
525	criminal street gang member; and all profits, proceeds, and
526	instrumentalities of criminal street gang recruitment and all
527	property used or intended or attempted to be used to facilitate
528	criminal street gang recruitment are subject to seizure and
529	forfeiture under the Florida Contraband Forfeiture Act, s.
530	932.704.
531	Section 13.  Section 874.09, Florida Statutes, is amended
532	to read:
533	874.09  Crime data information.--
534	(1)  The Department of Law Enforcement may:
535	(a)  Develop and manage a statewide criminal street gang
536	database to facilitate the exchange of information pursuant to
537	the intent and purpose of this chapter.
538	(b)  Notify all law enforcement agencies that reports of
539	criminal gang members or associates shall be entered into the
540	database as soon as the minimum level of data specified by the
541	department is available to the reporting agency and no waiting
542	period for the entry of that data exists.
543	(c)  Compile and retain information regarding criminal
544	gangs and their members and associates in a manner that allows
545	the information to be used by law enforcement and other agencies
546	deemed appropriate for investigative purposes.
547	(d)  Compile and maintain a data repository relating to
548	criminal gangs and their members and associates in order to
549	develop and improve techniques used by law enforcement agencies
550	and prosecutors in the investigation, apprehension, and
551	prosecution of members and affiliates of criminal gangs.
552	(2)  Local law enforcement agencies may:
553	(a)  After carrying out any arrest of any individual who
554	they believe is a member or associate of a criminal gang, create
555	or update that individual's electronic file within the database.
556	(b)  Notify the prosecutor of the accused individual's
557	suspected criminal gang membership or associate status.
558	Section 14.  Section 874.10, Florida Statutes, is created
559	to read:
560	874.10  Directing the activities of a criminal gang.--Any
561	person who knowingly initiates, organizes, plans, finances,
562	directs, manages, or supervises criminal gang-related activity
563	commits a felony of the first degree, punishable by imprisonment
564	for a term of years not exceeding life or as provided in s.
565	775.082, s. 775.083, or s. 775.084.
566	Section 15.  Section 874.11, Florida Statutes, is created
567	to read:
568	874.11  Electronic communication.--Any person who, for the
569	purpose of benefiting, promoting, or furthering the interests of
570	a criminal gang, uses electronic communication to intimidate or
571	harass other persons, or to advertise his or her presence in the
572	community, including, but not limited to, such activities as
573	distributing, selling, transmitting, or posting on the Internet
574	any audio, video, or still image of criminal activity, commits a
575	felony of the third degree, punishable as provided in s.
576	775.082, s. 775.083, or s. 775.084.
577	Section 16.  Section 874.12, Florida Statutes, is created
578	to read:
579	874.12  Identification documents; unlawful possession or
580	creation.--
581	(1)  For purposes of this section, the term "identification
582	document" includes, but is not limited to, a social security
583	card or number, a birth certificate, a driver's license, an
584	identification card issued pursuant to s. 322.051, a
585	naturalization certificate, an alien registration number, a
586	passport, and any access credentials for a publicly operated
587	facility or an infrastructure facility covered under 18 U.S.C.
588	s. 2332f.
589	(2)  Any person possessing or manufacturing any blank,
590	forged, stolen, fictitious, fraudulent, counterfeit, or
591	otherwise unlawfully issued identification document for the
592	purpose of benefiting, promoting, or furthering the interests of
593	a criminal gang commits a felony of the second degree,
594	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
595	Section 17.  Paragraph (a) of subsection (1) and subsection
596	(3) of section 895.02, Florida Statutes, are amended to read:
597	895.02  Definitions.--As used in ss. 895.01-895.08, the
598	term:
599	(1)  "Racketeering activity" means to commit, to attempt to
600	commit, to conspire to commit, or to solicit, coerce, or
601	intimidate another person to commit:
602	(a)  Any crime that is chargeable by petition, indictment,
603	or information under the following provisions of the Florida
604	Statutes:
605	1.  Section 210.18, relating to evasion of payment of
606	cigarette taxes.
607	2.  Section 316.1935, relating to fleeing or attempting to
608	elude a law enforcement officer and aggravated fleeing or
609	eluding.
610	3.2.  Section 403.727(3)(b), relating to environmental
611	control.
612	4.3.  Section 409.920 or s. 409.9201, relating to Medicaid
613	fraud.
614	5.4.  Section 414.39, relating to public assistance fraud.
615	6.5.  Section 440.105 or s. 440.106, relating to workers'
616	compensation.
617	7.6.  Section 443.071(4), relating to creation of a
618	fictitious employer scheme to commit unemployment compensation
619	fraud.
620	8.7.  Section 465.0161, relating to distribution of
621	medicinal drugs without a permit as an Internet pharmacy.
622	9.8.  Sections 499.0051, 499.0052, 499.00535, 499.00545,
623	and 499.0691, relating to crimes involving contraband and
624	adulterated drugs.
625	10.9.  Part IV of chapter 501, relating to telemarketing.
626	11.10.  Chapter 517, relating to sale of securities and
627	investor protection.
628	12.11.  Section 550.235, s. 550.3551, or s. 550.3605,
629	relating to dogracing and horseracing.
630	13.12.  Chapter 550, relating to jai alai frontons.
631	14.13.  Section 551.109, relating to slot machine gaming.
632	15.14.  Chapter 552, relating to the manufacture,
633	distribution, and use of explosives.
634	16.15.  Chapter 560, relating to money transmitters, if the
635	violation is punishable as a felony.
636	17.16.  Chapter 562, relating to beverage law enforcement.
637	18.17.  Section 624.401, relating to transacting insurance
638	without a certificate of authority, s. 624.437(4)(c)1., relating
639	to operating an unauthorized multiple-employer welfare
640	arrangement, or s. 626.902(1)(b), relating to representing or
641	aiding an unauthorized insurer.
642	19.18.  Section 655.50, relating to reports of currency
643	transactions, when such violation is punishable as a felony.
644	20.19.  Chapter 687, relating to interest and usurious
645	practices.
646	21.20.  Section 721.08, s. 721.09, or s. 721.13, relating
647	to real estate timeshare plans.
648	22.  Section 775.13(5)(b), relating to registration of
649	persons found to have committed any offense for the purpose of
650	benefiting, promoting, or furthering the interests of a criminal
651	gang.
652	23.  Section 777.03, relating to commission of crimes by
653	accessories after the fact.
654	24.21.  Chapter 782, relating to homicide.
655	25.22.  Chapter 784, relating to assault and battery.
656	26.23.  Chapter 787, relating to kidnapping or human
657	trafficking.
658	27.24.  Chapter 790, relating to weapons and firearms.
659	28.  Chapter 794, relating to sexual battery, but only if
660	such crime was committed with the intent to benefit, promote, or
661	further the interests of a criminal gang, or for the purpose of
662	increasing a criminal gang member's own standing or position
663	within a criminal gang.
664	29.25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
665	s. 796.05, or s. 796.07, relating to prostitution and sex
666	trafficking.
667	30.26.  Chapter 806, relating to arson and criminal
668	mischief.
669	31.27.  Chapter 810 Section 810.02(2)(c), relating to
670	specified burglary and trespass of a dwelling or structure.
671	32.28.  Chapter 812, relating to theft, robbery, and
672	related crimes.
673	33.29.  Chapter 815, relating to computer-related crimes.
674	34.30.  Chapter 817, relating to fraudulent practices,
675	false pretenses, fraud generally, and credit card crimes.
676	35.31.  Chapter 825, relating to abuse, neglect, or
677	exploitation of an elderly person or disabled adult.
678	36.32.  Section 827.071, relating to commercial sexual
679	exploitation of children.
680	37.33.  Chapter 831, relating to forgery and
681	counterfeiting.
682	38.34.  Chapter 832, relating to issuance of worthless
683	checks and drafts.
684	39.35.  Section 836.05, relating to extortion.
685	40.36.  Chapter 837, relating to perjury.
686	41.37.  Chapter 838, relating to bribery and misuse of
687	public office.
688	42.38.  Chapter 843, relating to obstruction of justice.
689	43.39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
690	or s. 847.07, relating to obscene literature and profanity.
691	44.40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
692	s. 849.25, relating to gambling.
693	45.41.  Chapter 874, relating to criminal street gangs.
694	46.42.  Chapter 893, relating to drug abuse prevention and
695	control.
696	47.43.  Chapter 896, relating to offenses related to
697	financial transactions.
698	48.44.  Sections 914.22 and 914.23, relating to tampering
699	with or harassing a witness, victim, or informant, and
700	retaliation against a witness, victim, or informant.
701	49.45.  Sections 918.12 and 918.13, relating to tampering
702	with jurors and evidence.
703	(3)  "Enterprise" means any individual, sole
704	proprietorship, partnership, corporation, business trust, union
705	chartered under the laws of this state, or other legal entity,
706	or any unchartered union, association, or group of individuals
707	associated in fact although not a legal entity; and it includes
708	illicit as well as licit enterprises and governmental, as well
709	as other, entities. A criminal street gang, as defined in s.
710	874.03, constitutes an enterprise.
711	Section 18.  Subsection (2) of section 903.046, Florida
712	Statutes, is amended to read:
713	903.046  Purpose of and criteria for bail determination.--
714	(2)  When determining whether to release a defendant on
715	bail or other conditions, and what that bail or those conditions
716	may be, the court shall consider:
717	(a)  The nature and circumstances of the offense charged.
718	(b)  The weight of the evidence against the defendant.
719	(c)  The defendant's family ties, length of residence in
720	the community, employment history, financial resources, and
721	mental condition.
722	(d)  The defendant's past and present conduct, including
723	any record of convictions, previous flight to avoid prosecution,
724	or failure to appear at court proceedings. However, any
725	defendant who had failed to appear on the day of any required
726	court proceeding in the case at issue, but who had later
727	voluntarily appeared or surrendered, shall not be eligible for a
728	recognizance bond; and any defendant who failed to appear on the
729	day of any required court proceeding in the case at issue and
730	who was later arrested shall not be eligible for a recognizance
731	bond or for any form of bond which does not require a monetary
732	undertaking or commitment equal to or greater than $2,000 or
733	twice the value of the monetary commitment or undertaking of the
734	original bond, whichever is greater. Notwithstanding anything in
735	this section, the court has discretion in determining conditions
736	of release if the defendant proves circumstances beyond his or
737	her control for the failure to appear. This section may not be
738	construed as imposing additional duties or obligations on a
739	governmental entity related to monetary bonds.
740	(e)  The nature and probability of danger which the
741	defendant's release poses to the community.
742	(f)  The source of funds used to post bail or procure an
743	appearance bond, particularly whether the proffered funds, real
744	property, property, or any proposed collateral or bond premium
745	may be linked to or derived from the crime alleged to have been
746	committed or from any other criminal or illicit activities. The
747	burden of establishing the noninvolvement in or nonderivation
748	from criminal or other illicit activity of such proffered funds,
749	real property, property, or any proposed collateral or bond
750	premium falls upon the defendant or other person proffering them
751	to obtain the defendant's release.
752	(g)  Whether the defendant is already on release pending
753	resolution of another criminal proceeding or on probation,
754	parole, or other release pending completion of a sentence.
755	(h)  The street value of any drug or controlled substance
756	connected to or involved in the criminal charge. It is the
757	finding and intent of the Legislature that crimes involving
758	drugs and other controlled substances are of serious social
759	concern, that the flight of defendants to avoid prosecution is
760	of similar serious social concern, and that frequently such
761	defendants are able to post monetary bail using the proceeds of
762	their unlawful enterprises to defeat the social utility of
763	pretrial bail. Therefore, the courts should carefully consider
764	the utility and necessity of substantial bail in relation to the
765	street value of the drugs or controlled substances involved.
766	(i)  The nature and probability of intimidation and danger
767	to victims.
768	(j)  Whether there is probable cause to believe that the
769	defendant committed a new crime while on pretrial release.
770	(k)  Any other facts that the court considers relevant.
771	(l)  Whether the crime charged is a violation of chapter
772	874 or alleged to be subject to enhanced punishment under
773	chapter 874. If any such violation is charged against a
774	defendant or if the defendant is charged with a crime that is
775	alleged to be subject to such enhancement, he or she shall not
776	be eligible for release on bail or surety bond until the first
777	appearance on the case in order to ensure the full participation
778	of the prosecutor and the protection of the public.
779	Section 19.  Section 914.22, Florida Statutes, is amended
780	to read:
781	914.22  Tampering with or harassing a witness, victim, or
782	informant; penalties.--
783	(1)  A person who knowingly uses intimidation or physical
784	force, or threatens another person, or attempts to do so, or
785	engages in misleading conduct toward another person, or offers
786	pecuniary benefit or gain to another person, with intent to
787	cause or induce any person to:
788	(a)  Withhold testimony, or withhold a record, document, or
789	other object, from an official investigation or official
790	proceeding;
791	(b)  Alter, destroy, mutilate, or conceal an object with
792	intent to impair the integrity or availability of the object for
793	use in an official investigation or official proceeding;
794	(c)  Evade legal process summoning that person to appear as
795	a witness, or to produce a record, document, or other object, in
796	an official investigation or an official proceeding;
797	(d)  Be absent from an official proceeding to which such
798	person has been summoned by legal process;
799	(e)  Hinder, delay, or prevent the communication to a law
800	enforcement officer or judge of information relating to the
801	commission or possible commission of an offense or a violation
802	of a condition of probation, parole, or release pending a
803	judicial proceeding; or
804	(f)  Testify untruthfully in an official investigation or
805	an official proceeding,
806
807	commits the crime of tampering with a witness, victim, or
808	informant a felony of the third degree, punishable as provided
809	in s. 775.082, s. 775.083, or s. 775.084.
810	(2)  Tampering with a witness, victim, or informant is a:
811	(a)  Felony of the third degree, punishable as provided in
812	s. 775.082, s. 775.083, or s. 775.084, where the official
813	investigation or official proceeding affected involves the
814	investigation or prosecution of a misdemeanor.
815	(b)  Felony of the second degree, punishable as provided in
816	s. 775.082, s. 775.083, or s. 775.084, where the official
817	investigation or official proceeding affected involves the
818	investigation or prosecution of a third degree felony.
819	(c)  Felony of the first degree, punishable as provided in
820	s. 775.082, s. 775.083, or s. 775.084, where the official
821	investigation or official proceeding affected involves the
822	investigation or prosecution of a second degree felony.
823	(d)  Felony of the first degree, punishable by a term of
824	years not exceeding life or as provided in s. 775.082, s.
825	775.083, or s. 775.084, where the official investigation or
826	official proceeding affected involves the investigation or
827	prosecution of a first degree felony or a first degree felony
828	punishable by a term of years not exceeding life.
829	(e)  Life felony, punishable as provided in s. 775.082, s.
830	775.083, or s. 775.084, where the official investigation or
831	official proceeding affected involves the investigation or
832	prosecution of a life or capital felony.
833	(f)  Felony of the third degree, punishable as provided in
834	s. 775.082, s. 775.083, or s. 775.084, where the offense level
835	of the affected official investigation or official proceeding is
836	indeterminable or where the affected official investigation or
837	official proceeding involves a noncriminal investigation or
838	proceeding.
839	(3)(2)  Whoever intentionally harasses another person and
840	thereby hinders, delays, prevents, or dissuades any person from:
841	(a)  Attending or testifying in an official proceeding or
842	cooperating in an official investigation;
843	(b)  Reporting to a law enforcement officer or judge the
844	commission or possible commission of an offense or a violation
845	of a condition of probation, parole, or release pending a
846	judicial proceeding;
847	(c)  Arresting or seeking the arrest of another person in
848	connection with an offense; or
849	(d)  Causing a criminal prosecution, or a parole or
850	probation revocation proceeding, to be sought or instituted, or
851	from assisting in such prosecution or proceeding;
852
853	or attempts to do so, commits the crime of harassing a witness,
854	victim, or informant is guilty of a misdemeanor of the first
855	degree, punishable as provided in s. 775.082 or s. 775.083.
856	(4)  Harassing a witness, victim, or informant is a:
857	(a)  Misdemeanor of the first degree, punishable as
858	provided in s. 775.082 or s. 775.083, where the official
859	investigation or official proceeding affected involves the
860	investigation or prosecution of a misdemeanor.
861	(b)  Felony of the third degree, punishable as provided in
862	s. 775.082, s. 775.083, or s. 775.084, where the official
863	investigation or official proceeding affected involves the
864	investigation or prosecution of a third degree felony.
865	(c)  Felony of the second degree, punishable as provided in
866	s. 775.082, s. 775.083, or s. 775.084, where the official
867	investigation or official proceeding affected involves the
868	investigation or prosecution of a second degree felony.
869	(d)  Felony of the first degree, punishable as provided in
870	s. 775.082, s. 775.083, or s. 775.084, where the official
871	investigation or official proceeding affected involves the
872	investigation or prosecution of a first degree felony.
873	(e)  Felony of the first degree, punishable by a term of
874	years not exceeding life or as provided in s. 775.082, s.
875	775.083, or s. 775.084, where the official investigation or
876	official proceeding affected involves the investigation or
877	prosecution of a felony of the first degree punishable by a term
878	of years not exceeding life or a prosecution of a life or
879	capital felony.
880	(f)  Felony of the third degree, punishable as provided in
881	s. 775.082, s. 775.083, or s. 775.084, where the offense level
882	of the affected official investigation or official proceeding is
883	indeterminable or where the affected official investigation or
884	official proceeding involves a noncriminal investigation or
885	proceeding.
886	(5)(3)  For the purposes of this section:
887	(a)  An official proceeding need not be pending or about to
888	be instituted at the time of the offense; and
889	(b)  The testimony or the record, document, or other object
890	need not be admissible in evidence or free of a claim of
891	privilege.
892	(6)(4)  In a prosecution for an offense under this section,
893	no state of mind need be proved with respect to the
894	circumstance:
895	(a)  That the official proceeding before a judge, court,
896	grand jury, or government agency is before a judge or court of
897	the state, a state or local grand jury, or a state agency; or
898	(b)  That the judge is a judge of the state or that the law
899	enforcement officer is an officer or employee of the state or a
900	person authorized to act for or on behalf of the state or
901	serving the state as an adviser or consultant.
902	Section 20.  Section 943.031, Florida Statutes, is amended
903	to read:
904	943.031  Florida Violent Crime and Drug Control Council.--
905	(1)  FINDINGS.--The Legislature finds that there is a need
906	to develop and implement a statewide strategy to address violent
907	criminal activity, including crimes committed by criminal gangs,
908	and drug control efforts by state and local law enforcement
909	agencies, including investigations of illicit money laundering.
910	In recognition of this need, the Florida Violent Crime and Drug
911	Control Council is created within the department. The council
912	shall serve in an advisory capacity to the department.
913	(2)(1)  MEMBERSHIP.--The council shall consist of 14
914	members, as follows:
915	(a)  The Attorney General or a designate.
916	(b)  A designate of the executive director of the
917	Department of Law Enforcement.
918	(c)  The secretary of the Department of Corrections or a
919	designate.
920	(d)  The Secretary of Juvenile Justice or a designate.
921	(e)  The Commissioner of Education or a designate.
922	(f)  The president of the Florida Network of Victim/Witness
923	Services, Inc., or a designate.
924	(g)  The director of the Office of Drug Control within the
925	Executive Office of the Governor, or a designate.
926	(h)  The Chief Financial Officer, or a designate.
927	(i)  Six members appointed by the Governor, consisting of
928	two sheriffs, two chiefs of police, one medical examiner, and
929	one state attorney or their designates.
930
931	The Governor, when making appointments under this subsection,
932	must take into consideration representation by geography,
933	population, ethnicity, and other relevant factors to ensure that
934	the membership of the council is representative of the state at
935	large. Designates appearing on behalf of a council member who is
936	unable to attend a meeting of the council are empowered to vote
937	on issues before the council to the same extent the designating
938	council member is so empowered.
939	(3)(2)  TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
940	STAFF.--
941	(a)  Members appointed by the Governor shall be appointed
942	for terms of 2 years. The other members are standing members of
943	the council. In no event shall a member serve beyond the time he
944	or she ceases to hold the office or employment which was the
945	basis for appointment to the council. In the event of a vacancy,
946	an appointment to fill the vacancy shall be only for the
947	unexpired term.
948	(b)  The Legislature finds that the council serves a
949	legitimate state, county, and municipal purpose and that service
950	on the council is consistent with a member's principal service
951	in a public office or employment. Membership on the council does
952	not disqualify a member from holding any other public office or
953	being employed by a public entity, except that no member of the
954	Legislature shall serve on the council.
955	(c)  The members of the council shall elect a chair and a
956	vice chair every 2 years, to serve for a 2-year term. As deemed
957	appropriate, other officers may be elected by the members.
958	(d)  Members of the council or their designates shall serve
959	without compensation but are entitled to reimbursement for per
960	diem and travel expenses pursuant to s. 112.061. Reimbursements
961	made pursuant to this paragraph may be paid from either the
962	Violent Crime Investigative Emergency and Drug Control Strategy
963	Implementation Account within the Department of Law Enforcement
964	Operating Trust Fund or from other appropriations provided to
965	the department by the Legislature in the General Appropriations
966	Act.
967	(e)  The department shall provide the council with staff
968	necessary to assist the council in the performance of its
969	duties.
970	(4)(3)  MEETINGS.--The council must meet at least
971	semiannually. Additional meetings may be held when it is
972	determined by the chair that extraordinary circumstances require
973	an additional meeting of the council. A majority of the members
974	of the council constitutes a quorum.
975	(5)(4)  DUTIES OF COUNCIL.--The council shall provide
976	advice and make recommendations, as necessary, to the executive
977	director of the department.
978	(a)  The council may advise the executive director on the
979	feasibility of undertaking initiatives which include, but are
980	not limited to, the following:
981	1.  Establishing a program which provides grants to
982	criminal justice agencies that develop and implement effective
983	violent crime prevention and investigative programs and which
984	provides grants to law enforcement agencies for the purpose of
985	drug control, criminal gang, and illicit money laundering
986	investigative efforts or task force efforts that are determined
987	by the council to significantly contribute to achieving the
988	state's goal of reducing drug-related crime as articulated by
989	the Office of Drug Control, that represent significant criminal
990	gang investigative efforts, that represent a significant illicit
991	money laundering investigative effort, or that otherwise
992	significantly support statewide strategies developed by the
993	Statewide Drug Policy Advisory Council established under s.
994	397.333, subject to the limitations provided in this section.
995	The grant program may include an innovations grant program to
996	provide startup funding for new initiatives by local and state
997	law enforcement agencies to combat violent crime or to implement
998	drug control, criminal gang, or illicit money laundering
999	investigative efforts or task force efforts by law enforcement
1000	agencies, including, but not limited to, initiatives such as:
1001	a.  Providing enhanced community-oriented policing.
1002	b.  Providing additional undercover officers and other
1003	investigative officers to assist with violent crime
1004	investigations in emergency situations.
1005	c.  Providing funding for multiagency or statewide drug
1006	control, criminal gang, or illicit money laundering
1007	investigative efforts or task force efforts that cannot be
1008	reasonably funded completely by alternative sources and that
1009	significantly contribute to achieving the state's goal of
1010	reducing drug-related crime as articulated by the Office of Drug
1011	Control, that represent significant criminal gang investigative
1012	efforts, that represent a significant illicit money laundering
1013	investigative effort, or that otherwise significantly support
1014	statewide strategies developed by the Statewide Drug Policy
1015	Advisory Council established under s. 397.333.
1016	2.  Expanding the use of automated fingerprint
1017	identification systems at the state and local level.
1018	3.  Identifying methods to prevent violent crime.
1019	4.  Identifying methods to enhance multiagency or statewide
1020	drug control, criminal gang, or illicit money laundering
1021	investigative efforts or task force efforts that significantly
1022	contribute to achieving the state's goal of reducing drug-
1023	related crime as articulated by the Office of Drug Control, that
1024	represent significant criminal gang investigative efforts, that
1025	represent a significant illicit money laundering investigative
1026	effort, or that otherwise significantly support statewide
1027	strategies developed by the Statewide Drug Policy Advisory
1028	Council established under s. 397.333.
1029	5.  Enhancing criminal justice training programs which
1030	address violent crime, drug control, or illicit money laundering
1031	investigative techniques, or efforts to control and eliminate
1032	criminal gangs.
1033	6.  Developing and promoting crime prevention services and
1034	educational programs that serve the public, including, but not
1035	limited to:
1036	a.  Enhanced victim and witness counseling services that
1037	also provide crisis intervention, information referral,
1038	transportation, and emergency financial assistance.
1039	b.  A well-publicized rewards program for the apprehension
1040	and conviction of criminals who perpetrate violent crimes.
1041	7.  Enhancing information sharing and assistance in the
1042	criminal justice community by expanding the use of community
1043	partnerships and community policing programs. Such expansion may
1044	include the use of civilian employees or volunteers to relieve
1045	law enforcement officers of clerical work in order to enable the
1046	officers to concentrate on street visibility within the
1047	community.
1048	(b)  The full council shall:
1049	1.  Receive periodic reports from regional violent crime
1050	investigation and statewide drug control strategy implementation
1051	coordinating teams which relate to violent crime trends or the
1052	investigative needs or successes in the regions, including
1053	discussions regarding the activity of significant criminal gangs
1054	in the region, factors, and trends relevant to the
1055	implementation of the statewide drug strategy, and the results
1056	of drug control and illicit money laundering investigative
1057	efforts funded in part by the council.
1058	2.  Maintain and use utilize criteria for the disbursement
1059	of funds from the Violent Crime Investigative Emergency and Drug
1060	Control Strategy Implementation Account or any other account
1061	from which the council may disburse proactive investigative
1062	funds as may be established within the Department of Law
1063	Enforcement Operating Trust Fund or other appropriations
1064	provided to the Department of Law Enforcement by the Legislature
1065	in the General Appropriations Act. The criteria shall allow for
1066	the advancement of funds to reimburse agencies regarding violent
1067	crime investigations as approved by the full council and the
1068	advancement of funds to implement proactive drug control
1069	strategies or significant criminal gang investigative efforts as
1070	authorized by the Drug Control Strategy and Criminal Gang
1071	Committee or the Victim and Witness Protection Review Committee.
1072	Regarding violent crime investigation reimbursement, an
1073	expedited approval procedure shall be established for rapid
1074	disbursement of funds in violent crime emergency situations.
1075	(c)  As used in this section, "significant criminal gang
1076	investigative efforts" eligible for proactive funding must
1077	involve at a minimum an effort against a known criminal gang
1078	that:
1079	1.  Involves multiple law enforcement agencies.
1080	2.  Reflects a dedicated significant investigative effort
1081	on the part of each participating agency in personnel, time
1082	devoted to the investigation, and agency resources dedicated to
1083	the effort.
1084	3.  Reflects a dedicated commitment by a prosecuting
1085	authority to ensure that cases developed by the investigation
1086	will be timely and effectively prosecuted.
1087	4.  Demonstrates a strategy and commitment to dismantling
1088	the criminal gang via seizures of assets, significant money
1089	laundering and organized crime investigations and prosecutions,
1090	or similar efforts.
1091
1092	The council may require satisfaction of additional elements, to
1093	include reporting criminal investigative and criminal
1094	intelligence information related to criminal gang activity and
1095	members in a manner required by the department, as a
1096	prerequisite for receiving proactive criminal gang funding.
1097	(6)  DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.--
1098	(a)  The Drug Control Strategy and Criminal Gang Committee
1099	is created within the Florida Violent Crime and Drug Control
1100	Council, consisting of the following council members:
1101	1.  The Attorney General or a designate.
1102	2.  The designate of the executive director of the
1103	Department of Law Enforcement.
1104	3.  The secretary of the Department of Corrections or a
1105	designate.
1106	4.  The director of the Office of Drug Control within the
1107	Executive Office of the Governor or a designate.
1108	5.  The state attorney, the two sheriffs, and the two
1109	chiefs of police, or their designates.
1110	(b)  The committee shall
1111	3.  review and approve all requests for disbursement of
1112	funds from the Violent Crime Investigative Emergency and Drug
1113	Control Strategy Implementation Account within the Department of
1114	Law Enforcement Operating Trust Fund and from other
1115	appropriations provided to the department by the Legislature in
1116	the General Appropriations Act. An expedited approval procedure
1117	shall be established for rapid disbursement of funds in violent
1118	crime emergency situations.
1119	(c)  Those receiving any proactive funding provided by the
1120	council through the committee shall be required to report the
1121	results of the investigations to the council once the
1122	investigation has been completed. The committee shall also
1123	require ongoing status reports on ongoing investigations using
1124	such findings in its closed sessions.
1125	(7)(5)  REPORTS.--The council shall report annually on its
1126	activities, on or before December 30 of each calendar year, to
1127	the executive director, the President of the Senate, the Speaker
1128	of the House of Representatives, and the chairs of the Senate
1129	and House committees having principal jurisdiction over criminal
1130	law. Comments and responses of the executive director to the
1131	report are to be included.
1132	(8)(6)  VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--
1133	(a)  The Victim and Witness Protection Review Committee is
1134	created within the Florida Violent Crime and Drug Control
1135	Council, consisting of the statewide prosecutor or a state
1136	attorney, a sheriff, a chief of police, and the designee of the
1137	executive director of the Department of Law Enforcement. The
1138	committee shall be appointed from the membership of the council
1139	by the chair of the council after the chair has consulted with
1140	the executive director of the Department of Law Enforcement.
1141	Committee members shall meet in conjunction with the meetings of
1142	the council.
1143	(b)  The committee shall:
1144	1.  Maintain and use utilize criteria for disbursing funds
1145	to reimburse law enforcement agencies for costs associated with
1146	providing victim and witness protective or temporary relocation
1147	services.
1148	2.  Review and approve or deny, in whole or in part, all
1149	reimbursement requests submitted by law enforcement agencies.
1150	(c)  The lead law enforcement agency providing victim or
1151	witness protective or temporary relocation services pursuant to
1152	the provisions of s. 914.25 may submit a request for
1153	reimbursement to the Victim and Witness Protection Review
1154	Committee in a format approved by the committee. The lead law
1155	enforcement agency shall submit such reimbursement request on
1156	behalf of all law enforcement agencies that cooperated in
1157	providing protective or temporary relocation services related to
1158	a particular criminal investigation or prosecution. As part of
1159	the reimbursement request, the lead law enforcement agency must
1160	indicate how any reimbursement proceeds will be distributed
1161	among the agencies that provided protective or temporary
1162	relocation services.
1163	(d)  The committee, in its discretion, may use funds
1164	available to the committee to provide all or partial
1165	reimbursement to the lead law enforcement agency for such costs,
1166	or may decline to provide any reimbursement.
1167	(e)  The committee may conduct its meeting by
1168	teleconference or conference phone calls when the chair of the
1169	committee finds that the need for reimbursement is such that
1170	delaying until the next scheduled council meeting will adversely
1171	affect the requesting agency's ability to provide the protection
1172	services.
1173	(9)(7)  CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
1174	MEETINGS AND RECORDS.--
1175	(a)  The Legislature finds that during limited portions of
1176	the meetings of the Florida Violent Crime and Drug Control
1177	Council it is necessary that the council be presented with and
1178	discuss details, information, and documents related to active
1179	criminal investigations or matters constituting active criminal
1180	intelligence, as those concepts are defined by s. 119.011. These
1181	presentations and discussions are necessary for the council to
1182	make its funding decisions as required by the Legislature. The
1183	Legislature finds that to reveal the contents of documents
1184	containing active criminal investigative or intelligence
1185	information or to allow active criminal investigative or active
1186	criminal intelligence matters to be discussed in a meeting open
1187	to the public negatively impacts the ability of law enforcement
1188	agencies to efficiently continue their investigative or
1189	intelligence gathering activities. The Legislature finds that
1190	information coming before the council that pertains to active
1191	criminal investigations or intelligence should remain
1192	confidential and exempt from public disclosure. The Legislature
1193	finds that the Florida Violent Crime and Drug Control Council
1194	may, by declaring only those portions of council meetings in
1195	which active criminal investigative or active criminal
1196	intelligence information is to be presented or discussed closed
1197	to the public, assure an appropriate balance between the policy
1198	of this state that meetings be public and the policy of this
1199	state to facilitate efficient law enforcement efforts.
1200	(b)  The Florida Violent Crime and Drug Control Council
1201	shall be considered a "criminal justice agency" within the
1202	definition of s. 119.011(4).
1203	(c)1.  The Florida Violent Crime and Drug Control Council
1204	may close portions of meetings during which the council will
1205	hear or discuss active criminal investigative information or
1206	active criminal intelligence information, and such portions of
1207	meetings shall be exempt from the provisions of s. 286.011 and
1208	s. 24(b), Art. I of the State Constitution, provided that the
1209	following conditions are met:
1210	a.  The chair of the council shall advise the council at a
1211	public meeting that, in connection with the performance of a
1212	council duty, it is necessary that the council hear or discuss
1213	active criminal investigative information or active criminal
1214	intelligence information.
1215	b.  The chair's declaration of necessity for closure and
1216	the specific reasons for such necessity shall be stated in
1217	writing in a document that shall be a public record and shall be
1218	filed with the official records of the council.
1219	c.  The entire closed session shall be recorded. The
1220	recording shall include the times of commencement and
1221	termination of the closed session, all discussion and
1222	proceedings, and the names of all persons present. No portion of
1223	the session shall be off the record. Such recording shall be
1224	maintained by the council.
1225	2.  Only members of the council, Department of Law
1226	Enforcement staff supporting the council's function, and other
1227	persons whose presence has been authorized by the chair of the
1228	council shall be allowed to attend the exempted portions of the
1229	council meetings. The council shall assure that any closure of
1230	its meetings as authorized by this section is limited so that
1231	the general policy of this state in favor of public meetings is
1232	maintained.
1233	(d)  A tape recording of, and any minutes and notes
1234	generated during, that portion of a Florida Violent Crime and
1235	Drug Control Council meeting which is closed to the public
1236	pursuant to this section are confidential and exempt from s.
1237	119.07(1) and s. 24(a), Art. I of the State Constitution until
1238	such time as the criminal investigative information or criminal
1239	intelligence information ceases to be active.
1240	Section 21.  Section 948.033, Florida Statutes, is created
1241	to read:
1242	948.033  Condition of probation or community control;
1243	criminal gang.--Effective for a probationer or community
1244	controllee whose crime was committed on or after October 1,
1245	2008, and who has been found to have committed the crime for the
1246	purpose of benefiting, promoting, or furthering the interests of
1247	criminal gang, the court shall, in addition to any other
1248	conditions imposed, impose a condition prohibiting the
1249	probationer or community controllee from knowingly associating
1250	with other criminal gang members or associates, except as
1251	authorized by law enforcement officials, prosecutorial
1252	authorities, or the court, for the purpose of aiding in the
1253	investigation of criminal activity.
1254	Section 22.  Section 947.18, Florida Statutes, is amended
1255	to read:
1256	947.18  Conditions of parole.--No person shall be placed on
1257	parole merely as a reward for good conduct or efficient
1258	performance of duties assigned in prison. No person shall be
1259	placed on parole until and unless the commission finds that
1260	there is reasonable probability that, if the person is placed on
1261	parole, he or she will live and conduct himself or herself as a
1262	respectable and law-abiding person and that the person's release
1263	will be compatible with his or her own welfare and the welfare
1264	of society. No person shall be placed on parole unless and until
1265	the commission is satisfied that he or she will be suitably
1266	employed in self-sustaining employment or that he or she will
1267	not become a public charge. The commission shall determine the
1268	terms upon which such person shall be granted parole. If the
1269	person's conviction was for a controlled substance violation,
1270	one of the conditions must be that the person submit to random
1271	substance abuse testing intermittently throughout the term of
1272	supervision, upon the direction of the correctional probation
1273	officer as defined in s. 943.10(3). In addition to any other
1274	lawful condition of parole, the commission may make the payment
1275	of the debt due and owing to the state under s. 960.17 or the
1276	payment of the attorney's fees and costs due and owing to the
1277	state under s. 938.29 a condition of parole subject to
1278	modification based on change of circumstances. If the person's
1279	conviction was for a crime that was found to have been committed
1280	for the purpose of benefiting, promoting, or furthering the
1281	interests of a criminal gang, one of the conditions must be that
1282	the person be prohibited from knowingly associating with other
1283	criminal gang members or associates, except as authorized by law
1284	enforcement officials, prosecutorial authorities, or the court,
1285	for the purpose of aiding in the investigation of criminal
1286	activity.
1287	Section 23.  Subsection (11) is added to section 947.1405,
1288	Florida Statutes, to read:
1289	947.1405  Conditional release program.--
1290	(11)  Effective for a releasee whose crime was committed on
1291	or after October 1, 2008, and who has been found to have
1292	committed the crime for the purpose of benefiting, promoting, or
1293	furthering the interests of a criminal gang, the commission
1294	shall, in addition to any other conditions imposed, impose a
1295	condition prohibiting the releasee from knowingly associating
1296	with other criminal gang members or associates, except as
1297	authorized by law enforcement officials, prosecutorial
1298	authorities, or the court, for the purpose of aiding in the
1299	investigation of criminal activity.
1300	Section 24.  Paragraph (d) of subsection (2) of section
1301	893.138, Florida Statutes, is amended to read:
1302	893.138  Local administrative action to abate drug-related,
1303	prostitution-related, or stolen-property-related public
1304	nuisances and criminal street gang activity.--
1305	(2)  Any place or premises that has been used:
1306	(d)  By a criminal street gang for the purpose of
1307	conducting a pattern of criminal street gang activity as defined
1308	by s. 874.03; or
1309
1310	may be declared to be a public nuisance, and such nuisance may
1311	be abated pursuant to the procedures provided in this section.
1312	Section 25.  Paragraphs (d), (e), and (g) of subsection (3)
1313	of section 921.0022, Florida Statutes, are amended to read:
1314	921.0022  Criminal Punishment Code; offense severity
1315	ranking chart.--
1316	(3)  OFFENSE SEVERITY RANKING CHART
1317	(d)  LEVEL 4
1318
	FloridaStatute FelonyDegree Description
1319
	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.
1320
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
1321
	499.0051(2) 3rd Failure to authenticate pedigree papers.
1322
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
1323
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
1324
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1325
	784.075 3rd Battery on detention or commitment facility staff.
1326
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1327
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1328
	784.081(3) 3rd Battery on specified official or employee.
1329
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
1330
	784.083(3) 3rd Battery on code inspector.
1331
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1332
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1333
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1334
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1335
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1336
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1337
	790.115(2)(c) 3rd Possessing firearm on school property.
1338
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1339
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1340
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1341
	810.06 3rd Burglary; possession of tools.
1342
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1343
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1344
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
1345
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1346
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1347
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
1348
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
1349
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1350
	837.02(1) 3rd Perjury in official proceedings.
1351
	837.021(1) 3rd Make contradictory statements in official proceedings.
1352
	838.022 3rd Official misconduct.
1353
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1354
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
1355
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
1356
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1357
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1358
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
1359
	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).
1360
	914.14(2) 3rd Witnesses accepting bribes.
1361
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1362
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1363
	918.12 3rd Tampering with jurors.
1364
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1365
1366	(e)  LEVEL 5
1367
	FloridaStatute FelonyDegree Description
1368
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
1369
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
1370
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1371
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1372
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1373
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
1374
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
1375
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
1376
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
1377
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
1378
	790.01(2) 3rd Carrying a concealed firearm.
1379
	790.162 2nd Threat to throw or discharge destructive device.
1380
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
1381
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1382
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
1383
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
1384
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
1385
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1386
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1387
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
1388
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
1389
	812.131(2)(b) 3rd Robbery by sudden snatching.
1390
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
1391
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1392
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1393
	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.
1394
	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.
1395
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
1396
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1397
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
1398
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
1399
	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.
1400
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
1401
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
1402
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1403
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
1404
	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).
1405
	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.
1406
	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.
1407
	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.
1408
	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.
1409
	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).
1410
1411	(g)  LEVEL 7
1412
	FloridaStatute FelonyDegree Description
1413
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1414
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1415
	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.
1416
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1417
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1418
	409.920(2) 3rd Medicaid provider fraud.
1419
	456.065(2) 3rd Practicing a health care profession without a license.
1420
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1421
	458.327(1) 3rd Practicing medicine without a license.
1422
	459.013(1) 3rd Practicing osteopathic medicine without a license.
1423
	460.411(1) 3rd Practicing chiropractic medicine without a license.
1424
	461.012(1) 3rd Practicing podiatric medicine without a license.
1425
	462.17 3rd Practicing naturopathy without a license.
1426
	463.015(1) 3rd Practicing optometry without a license.
1427
	464.016(1) 3rd Practicing nursing without a license.
1428
	465.015(2) 3rd Practicing pharmacy without a license.
1429
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1430
	467.201 3rd Practicing midwifery without a license.
1431
	468.366 3rd Delivering respiratory care services without a license.
1432
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1433
	483.901(9) 3rd Practicing medical physics without a license.
1434
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1435
	484.053 3rd Dispensing hearing aids without a license.
1436
	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.
1437
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
1438
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1439
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1440
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
1441
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1442
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1443
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1444
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1445
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1446
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1447
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1448
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1449
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1450
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1451
	784.048(7) 3rd Aggravated stalking; violation of court order.
1452
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1453
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1454
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1455
	784.081(1) 1st Aggravated battery on specified official or employee.
1456
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1457
	784.083(1) 1st Aggravated battery on code inspector.
1458
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1459
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
1460
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1461
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1462
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1463
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1464
	790.23 1st Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1465
	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.
1466
	796.03 2nd Procuring any person under 16 years for prostitution.
1467
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1468
	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.
1469
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
1470
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1471
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1472
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1473
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1474
	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.
1475
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1476
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1477
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1478
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1479
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1480
	812.131(2)(a) 2nd Robbery by sudden snatching.
1481
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1482
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1483
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1484
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1485
	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.
1486
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1487
	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.
1488
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1489
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1490
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1491
	838.015 2nd Bribery.
1492
	838.016 2nd Unlawful compensation or reward for official behavior.
1493
	838.021(3)(a) 2nd Unlawful harm to a public servant.
1494
	838.22 2nd Bid tampering.
1495
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1496
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1497
	872.06 2nd Abuse of a dead human body.
1498
	874.10 1st Directing the activities of a criminal gang.
1499
	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.
1500
	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.
1501
	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).
1502
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1503
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1504
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1505
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1506
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1507
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1508
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1509
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1510
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1511
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1512
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1513
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1514
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1515
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1516
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1517
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1518
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1519
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1520
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1521
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1522
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1523
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1524
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1525
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1526
1527	Section 26.  Subsection (1) of section 921.0024, Florida
1528	Statutes, is amended to read:
1529	921.0024  Criminal Punishment Code; worksheet computations;
1530	scoresheets.--
1531	(1)(a)  The Criminal Punishment Code worksheet is used to
1532	compute the subtotal and total sentence points as follows:
1533
1534	FLORIDA CRIMINAL PUNISHMENT CODE
1535	WORKSHEET
1536
1537	OFFENSE SCORE
1538
1539	Primary Offense
1540
	Level Sentence Points Total
1541
1542
	10 116 = _____
1543
	9 92 = _____
1544
	8 74 = _____
1545
	7 56 = _____
1546
	6 36 = _____
1547
	5 28 = _____
1548
	4 22 = _____
1549
	3 16 = _____
1550
	2 10 = _____
1551
	1 4 = _____
1552
1553
	Total
1554
1555	Additional Offenses
1556
	Level Sentence Points Counts Total
1557
1558
	10 58 x _____ = _____
1559
	9 46 x _____ = _____
1560
	8 37 x _____ = _____
1561
	7 28 x _____ = _____
1562
	6 18 x _____ = _____
1563
	5 5.4 x _____ = _____
1564
	4 3.6 x _____ = _____
1565
	3 2.4 x _____ = _____
1566
	2 1.2 x _____ = _____
1567
	1 0.7 x _____ = _____
1568
	M 0.2 x _____ = _____
1569
1570
	Total
1571
1572	Victim Injury
1573
	Level Sentence Points Number Total
1574
1575
	2nd degree   murder-  death 240 x _____ = _____
1576
	Death 120 x _____ = _____
1577
	Severe 40 x _____ = _____
1578
	Moderate 18 x _____ = _____
1579
	Slight 4 x _____ = _____
1580
	Sexual  penetration 80 x _____ = _____
1581
	Sexual contact 40 x _____ = _____
1582
1583
	Total
1584
1585	Primary Offense + Additional Offenses + Victim Injury =
1586	TOTAL OFFENSE SCORE
1587
1588	PRIOR RECORD SCORE
1589
1590	Prior Record
1591
	Level Sentence Points Number Total
1592
1593
	10 29 x _____ = _____
1594
	9 23 x _____ = _____
1595
	8 19 x _____ = _____
1596
	7 14 x _____ = _____
1597
	6 9 x _____ = _____
1598
	5 3.6 x _____ = _____
1599
	4 2.4 x _____ = _____
1600
	3 1.6 x _____ = _____
1601
	2 0.8 x _____ = _____
1602
	1 0.5 x _____ = _____
1603
	M 0.2 x _____ = _____
1604
1605
	Total
1606
1607	TOTAL OFFENSE SCORE
1608	TOTAL PRIOR RECORD SCORE
1609
1610	LEGAL STATUS
1611	COMMUNITY SANCTION VIOLATION
1612	PRIOR SERIOUS FELONY
1613	PRIOR CAPITAL FELONY
1614	FIREARM OR SEMIAUTOMATIC WEAPON
1615	SUBTOTAL__________
1616
1617	PRISON RELEASEE REOFFENDER (no)(yes)
1618	VIOLENT CAREER CRIMINAL (no)(yes)
1619	HABITUAL VIOLENT OFFENDER (no)(yes)
1620	HABITUAL OFFENDER (no)(yes)
1621	DRUG TRAFFICKER (no)(yes) (x multiplier)
1622	LAW ENF. PROTECT. (no)(yes) (x multiplier)
1623	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
1624	CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1625	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
1626	(x multiplier)
1627
1628	TOTAL SENTENCE POINTS__________
1629
1630	(b)  WORKSHEET KEY:
1631
1632	Legal status points are assessed when any form of legal status
1633	existed at the time the offender committed an offense before the
1634	court for sentencing. Four (4) sentence points are assessed for
1635	an offender's legal status.
1636
1637	Community sanction violation points are assessed when a
1638	community sanction violation is before the court for sentencing.
1639	Six (6) sentence points are assessed for each community sanction
1640	violation and each successive community sanction violation,
1641	unless any of the following apply:
1642	1.  If the community sanction violation includes a new
1643	felony conviction before the sentencing court, twelve (12)
1644	community sanction violation points are assessed for the
1645	violation, and for each successive community sanction violation
1646	involving a new felony conviction.
1647	2.  If the community sanction violation is committed by a
1648	violent felony offender of special concern as defined in s.
1649	948.06:
1650	a.  Twelve (12) community sanction violation points are
1651	assessed for the violation and for each successive violation of
1652	felony probation or community control where:
1653	(I)  The violation does not include a new felony
1654	conviction; and
1655	(II)  The community sanction violation is not based solely
1656	on the probationer or offender's failure to pay costs or fines
1657	or make restitution payments.
1658	b.  Twenty-four (24) community sanction violation points
1659	are assessed for the violation and for each successive violation
1660	of felony probation or community control where the violation
1661	includes a new felony conviction.
1662
1663	Multiple counts of community sanction violations before the
1664	sentencing court shall not be a basis for multiplying the
1665	assessment of community sanction violation points.
1666
1667	Prior serious felony points: If the offender has a primary
1668	offense or any additional offense ranked in level 8, level 9, or
1669	level 10, and one or more prior serious felonies, a single
1670	assessment of thirty (30) points shall be added. For purposes of
1671	this section, a prior serious felony is an offense in the
1672	offender's prior record that is ranked in level 8, level 9, or
1673	level 10 under s. 921.0022 or s. 921.0023 and for which the
1674	offender is serving a sentence of confinement, supervision, or
1675	other sanction or for which the offender's date of release from
1676	confinement, supervision, or other sanction, whichever is later,
1677	is within 3 years before the date the primary offense or any
1678	additional offense was committed.
1679
1680	Prior capital felony points: If the offender has one or more
1681	prior capital felonies in the offender's criminal record, points
1682	shall be added to the subtotal sentence points of the offender
1683	equal to twice the number of points the offender receives for
1684	the primary offense and any additional offense. A prior capital
1685	felony in the offender's criminal record is a previous capital
1686	felony offense for which the offender has entered a plea of nolo
1687	contendere or guilty or has been found guilty; or a felony in
1688	another jurisdiction which is a capital felony in that
1689	jurisdiction, or would be a capital felony if the offense were
1690	committed in this state.
1691
1692	Possession of a firearm, semiautomatic firearm, or machine gun:
1693	If the offender is convicted of committing or attempting to
1694	commit any felony other than those enumerated in s. 775.087(2)
1695	while having in his or her possession: a firearm as defined in
1696	s. 790.001(6), an additional eighteen (18) sentence points are
1697	assessed; or if the offender is convicted of committing or
1698	attempting to commit any felony other than those enumerated in
1699	s. 775.087(3) while having in his or her possession a
1700	semiautomatic firearm as defined in s. 775.087(3) or a machine
1701	gun as defined in s. 790.001(9), an additional twenty-five (25)
1702	sentence points are assessed.
1703
1704	Sentencing multipliers:
1705
1706	Drug trafficking: If the primary offense is drug trafficking
1707	under s. 893.135, the subtotal sentence points are multiplied,
1708	at the discretion of the court, for a level 7 or level 8
1709	offense, by 1.5. The state attorney may move the sentencing
1710	court to reduce or suspend the sentence of a person convicted of
1711	a level 7 or level 8 offense, if the offender provides
1712	substantial assistance as described in s. 893.135(4).
1713
1714	Law enforcement protection: If the primary offense is a
1715	violation of the Law Enforcement Protection Act under s.
1716	775.0823(2), (3), or (4), the subtotal sentence points are
1717	multiplied by 2.5. If the primary offense is a violation of s.
1718	775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
1719	are multiplied by 2.0. If the primary offense is a violation of
1720	s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
1721	Protection Act under s. 775.0823(10) or (11), the subtotal
1722	sentence points are multiplied by 1.5.
1723
1724	Grand theft of a motor vehicle: If the primary offense is grand
1725	theft of the third degree involving a motor vehicle and in the
1726	offender's prior record, there are three or more grand thefts of
1727	the third degree involving a motor vehicle, the subtotal
1728	sentence points are multiplied by 1.5.
1729
1730	Offense related to a criminal street gang: If the offender is
1731	convicted of the primary offense and committed that offense for
1732	the purpose of benefiting, promoting, or furthering the
1733	interests of a criminal street gang as prohibited under s.
1734	874.04, the subtotal sentence points are multiplied by 1.5.
1735
1736	Domestic violence in the presence of a child: If the offender is
1737	convicted of the primary offense and the primary offense is a
1738	crime of domestic violence, as defined in s. 741.28, which was
1739	committed in the presence of a child under 16 years of age who
1740	is a family or household member as defined in s. 741.28(3) with
1741	the victim or perpetrator, the subtotal sentence points are
1742	multiplied by 1.5.
1743	Section 27.  Paragraph (n) of subsection (5) of section
1744	921.141, Florida Statutes, is amended to read:
1745	921.141  Sentence of death or life imprisonment for capital
1746	felonies; further proceedings to determine sentence.--
1747	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
1748	shall be limited to the following:
1749	(n)  The capital felony was committed by a criminal street
1750	gang member, as defined in s. 874.03.
1751	Section 28.  Paragraph (c) of subsection (10) of section
1752	943.325, Florida Statutes, is amended to read:
1753	943.325  Blood or other biological specimen testing for DNA
1754	analysis.--
1755	(10)
1756	(c)  Any person previously convicted of an offense
1757	specified in this section, or a crime which, if committed in
1758	this state, would be an offense specified in this section, and
1759	who is also subject to the registration requirement imposed by
1760	s. 775.13, shall be subject to the collection requirement of
1761	this section when the appropriate agency described in this
1762	section verifies the identification information of the person.
1763	The collection requirement of this section does not apply to a
1764	person as described in s. 775.13(4)(5).
1765	Section 29.  Subsection (30) of section 984.03, Florida
1766	Statutes, is amended to read:
1767	984.03  Definitions.--When used in this chapter, the term:
1768	(30)  "Juvenile justice continuum" includes, but is not
1769	limited to, delinquency prevention programs and services
1770	designed for the purpose of preventing or reducing delinquent
1771	acts, including criminal activity by criminal youth gangs and
1772	juvenile arrests, as well as programs and services targeted at
1773	children who have committed delinquent acts, and children who
1774	have previously been committed to residential treatment programs
1775	for delinquents. The term includes children-in-need-of-services
1776	and families-in-need-of-services programs; conditional release;
1777	substance abuse and mental health programs; educational and
1778	vocational programs; recreational programs; community services
1779	programs; community service work programs; and alternative
1780	dispute resolution programs serving children at risk of
1781	delinquency and their families, whether offered or delivered by
1782	state or local governmental entities, public or private for-
1783	profit or not-for-profit organizations, or religious or
1784	charitable organizations.
1785	Section 30.  Paragraph (c) of subsection (15) and
1786	subsection (29) of section 985.03, Florida Statutes, are amended
1787	to read:
1788	985.03  Definitions.--As used in this chapter, the term:
1789	(15)
1790	(c)  "Delinquency prevention programs" means programs
1791	designed for the purpose of reducing the occurrence of
1792	delinquency, including criminal youth and street gang activity,
1793	and juvenile arrests. The term excludes arbitration,
1794	diversionary or mediation programs, and community service work
1795	or other treatment available subsequent to a child committing a
1796	delinquent act.
1797	(29)  "Juvenile justice continuum" includes, but is not
1798	limited to, delinquency prevention programs and services
1799	designed for the purpose of preventing or reducing delinquent
1800	acts, including criminal activity by criminal youth gangs, and
1801	juvenile arrests, as well as programs and services targeted at
1802	children who have committed delinquent acts, and children who
1803	have previously been committed to residential treatment programs
1804	for delinquents. The term includes children-in-need-of-services
1805	and families-in-need-of-services programs; conditional release;
1806	substance abuse and mental health programs; educational and
1807	career programs; recreational programs; community services
1808	programs; community service work programs; and alternative
1809	dispute resolution programs serving children at risk of
1810	delinquency and their families, whether offered or delivered by
1811	state or local governmental entities, public or private for-
1812	profit or not-for-profit organizations, or religious or
1813	charitable organizations.
1814	Section 31.  Paragraph (c) of subsection (1) of section
1815	985.047, Florida Statutes, is amended to read:
1816	985.047  Information systems.--
1817	(1)
1818	(c)  As used in this section, "a juvenile who is at risk of
1819	becoming a serious habitual juvenile offender" means a juvenile
1820	who has been adjudicated delinquent and who meets one or more of
1821	the following criteria:
1822	1.  Is arrested for a capital, life, or first degree felony
1823	offense or sexual battery.
1824	2.  Has five or more arrests, at least three of which are
1825	for felony offenses. Three of such arrests must have occurred
1826	within the preceding 12-month period.
1827	3.  Has 10 or more arrests, at least 2 of which are for
1828	felony offenses. Three of such arrests must have occurred within
1829	the preceding 12-month period.
1830	4.  Has four or more arrests, at least one of which is for
1831	a felony offense and occurred within the preceding 12-month
1832	period.
1833	5.  Has 10 or more arrests, at least 8 of which are for any
1834	of the following offenses:
1835	a.  Petit theft;
1836	b.  Misdemeanor assault;
1837	c.  Possession of a controlled substance;
1838	d.  Weapon or firearm violation; or
1839	e.  Substance abuse.
1840
1841	Four of such arrests must have occurred within the preceding 12-
1842	month period.
1843	6.  Meets at least one of the criteria for criminal youth
1844	and street gang membership.
1845	Section 32.  Paragraph (a) of subsection (6) and subsection
1846	(7) of section 985.433, Florida Statutes, are amended to read:
1847	985.433  Disposition hearings in delinquency cases.--When a
1848	child has been found to have committed a delinquent act, the
1849	following procedures shall be applicable to the disposition of
1850	the case:
1851	(6)  The first determination to be made by the court is a
1852	determination of the suitability or nonsuitability for
1853	adjudication and commitment of the child to the department. This
1854	determination shall include consideration of the recommendations
1855	of the department, which may include a predisposition report.
1856	The predisposition report shall include, whether as part of the
1857	child's multidisciplinary assessment, classification, and
1858	placement process components or separately, evaluation of the
1859	following criteria:
1860	(a)  The seriousness of the offense to the community. If
1861	the court determines under chapter 874 that the child was a
1862	member of a criminal street gang at the time of the commission
1863	of the offense, the seriousness of the offense to the community
1864	shall be given great weight.
1865
1866	It is the intent of the Legislature that the criteria set forth
1867	in this subsection are general guidelines to be followed at the
1868	discretion of the court and not mandatory requirements of
1869	procedure. It is not the intent of the Legislature to provide
1870	for the appeal of the disposition made under this section.
1871	(7)  If the court determines that the child should be
1872	adjudicated as having committed a delinquent act and should be
1873	committed to the department, such determination shall be in
1874	writing or on the record of the hearing. The determination shall
1875	include a specific finding of the reasons for the decision to
1876	adjudicate and to commit the child to the department, including
1877	any determination that the child was a member of a criminal
1878	street gang.
1879	(a)  The juvenile probation officer shall recommend to the
1880	court the most appropriate placement and treatment plan,
1881	specifically identifying the restrictiveness level most
1882	appropriate for the child. If the court has determined that the
1883	child was a member of a criminal street gang, that determination
1884	shall be given great weight in identifying the most appropriate
1885	restrictiveness level for the child. The court shall consider
1886	the department's recommendation in making its commitment
1887	decision.
1888	(b)  The court shall commit the child to the department at
1889	the restrictiveness level identified or may order placement at a
1890	different restrictiveness level. The court shall state for the
1891	record the reasons that establish by a preponderance of the
1892	evidence why the court is disregarding the assessment of the
1893	child and the restrictiveness level recommended by the
1894	department. Any party may appeal the court's findings resulting
1895	in a modified level of restrictiveness under this paragraph.
1896	(c)  The court may also require that the child be placed in
1897	a probation program following the child's discharge from
1898	commitment. Community-based sanctions under subsection (8) may
1899	be imposed by the court at the disposition hearing or at any
1900	time prior to the child's release from commitment.
1901	Section 33.  The Division of Statutory Revision is directed
1902	to redesignate the title of chapter 874, Florida Statutes, as
1903	"Criminal Gang Enforcement and Prevention."
1904	Section 34.  (1)  This section shall take effect July 1,
1905	2008.
1906	(2)  Coordinating Council on Criminal Gang Reduction
1907	Strategies.--
1908	(a)  The Coordinating Council on Criminal Gang Reduction
1909	Strategies is established within the Department of Legal Affairs
1910	and may consist of the following 11 members:
1911	1.  The Attorney General or his or her designee.
1912	2.  The executive director of the Department of law
1913	Enforcement or his or her designee.
1914	3.  The Commissioner of Education or his or her designee.
1915	4.  The Secretary of Children and Family Services or his or
1916	her designee.
1917	5.  The Secretary of Corrections or his or her designee.
1918	6.  The Secretary of Juvenile Justice or his or her
1919	designee.
1920	7.  The Director of the Office of Drug Control or his or
1921	her designee.
1922	8.  The Director of the Division of the Florida Highway
1923	Patrol or his or her designee.
1924	9.  The President of the Florida Sheriffs Association or
1925	his or her designee.
1926	10.  The President of the Florida Police Chiefs Association
1927	or his or her designee.
1928	11.  The President of the Florida Prosecuting Attorneys
1929	Association or his or her designee.
1930	(b)  The Attorney General shall serve as chair of the
1931	council, and the executive director of the Department of Law
1932	Enforcement shall serve as vice chair of the council. In the
1933	absence of the chair, the vice chair shall serve as chair.
1934	(c)  The council shall meet at the call of the chair. A
1935	majority of the members of the council constitutes a quorum, and
1936	action by a majority of the council shall be official.
1937	(d)  Members of the council may leave the council at any
1938	time upon notification to chair.
1939	(e)  The council shall:
1940	1.  Gather, compile, assimilate, and facilitate the
1941	distribution to government agencies and community organizations
1942	information on criminal gangs and at-risk youth prevention and
1943	intervention programs in this state.
1944	2.  Develop a statewide strategy to stop the growth of,
1945	reduce the number of, and render ineffectual criminal gangs in
1946	this state.
1947	3.  Coordinate and give guidance and support to efforts by
1948	federal, state, and local government agencies; federal, state
1949	and local law enforcement agencies; at-risk youth prevention and
1950	intervention organizations; elected officials and community
1951	leaders to combat criminal gangs and reduce criminal gang-
1952	related crime and violence in this state.
1953	4.  Coordinate with any state agency, any political
1954	subdivision, or any school district of the state in the
1955	performance of its duties.
1956	5.  Request from any department, division, board, bureau,
1957	commission, or other agency of the state or of any political
1958	subdivision thereof, cooperation and assistance in the
1959	performance of its duties.
1960	(f)1.  The business of the council shall be presented to
1961	the council in the form of an agenda. The agenda shall be set by
1962	the chair and shall include items of business requested by the
1963	council members.
1964	2.  The minutes for each meeting shall be submitted to the
1965	chair within 14 days after each meeting.
1966	(g)  The Office of the Attorney General shall provide staff
1967	and administrative support to the council.
1968	(h)  Members of the council or their designees shall serve
1969	without compensation. Notwithstanding s. 20.052, Florida
1970	Statutes, members are not entitled to reimbursement for per diem
1971	and travel expenses.
1972	(i)  The council shall be subject to the provisions of
1973	chapter 119, Florida Statutes, related to public records, and
1974	the provisions of chapter 286, Florida Statutes, related to
1975	public meetings.
1976	(j)  The council shall cease to exist on November 1, 2008.
1977	Section 35.  Except as otherwise expressly provided in this
1978	act, this act shall take effect October 1, 2008.
1979

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