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The Committee on Criminal Justice (Bennett) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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section 775.13, Florida Statutes, are amended to read:

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     775.13  Registration of convicted felons, exemptions;

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penalties.--

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

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

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

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be fingerprinted and photographed, and list the crime for which

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

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

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

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

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

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registrant shall identify himself or herself as such an

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offender. The Department of Law Enforcement, in consultation

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with appropriate local law enforcement agencies, may develop

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standardized practices for the inclusion of gang affiliation at

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the time of offender registration.

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

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this section, such registration may be made with the Department

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

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conditions as required for registration with the sheriff.

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

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

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

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which convicted;

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     (c)  Who has been lawfully released from incarceration or

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other sentence or supervision for a felony conviction for more

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

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

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been convicted of any offense since release from such

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incarceration or other sentence or supervision;

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

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of the United States Parole Commission if the commission knows

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

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a probationer under the supervision of any federal probation

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officer in the state or who has been lawfully discharged from

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such parole or probation;

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

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required under s. 775.21;

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

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required in s. 943.0435 or s. 944.607; or

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

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required in s. 775.261 or s. 944.609.

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

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with this section:

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

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constitutes a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083.

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

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

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benefiting, promoting, or furthering the interests of a criminal

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

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

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

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hereby repealed, provided that Nothing in this section shall be

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construed to affect any law of this state relating to

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registration of criminals where the penalties for registration,

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

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excess of, those imposed by this section.

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

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read:

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     790.23  Felons and delinquents; possession of firearms,

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ammunition, or electric weapons or devices unlawful.--

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

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

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

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

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device, if that person has been:

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

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

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

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and such person is under 24 years of age;

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     (c)  Convicted of or found to have committed a crime

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against the United States which is designated as a felony;

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

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

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

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

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

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state, territory, or country and which was punishable by

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imprisonment for a term exceeding 1 year.

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

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a felony whose civil rights and firearm authority have been

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restored.

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

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person who violates this section commits a felony of the second

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

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775.084.

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

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

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person who has previously qualified or currently qualifies for

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

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

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

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s. 775.084.

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     Section 3.  Section 790.231, Florida Statutes, is created

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to read:

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     790.231 Felons and delinquents; possession of bulletproof

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vests.--

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

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

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

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

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

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and such person is under 24 years of age;

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     (c) Convicted of or found to have committed a crime

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against the United States which is designated as a felony;

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

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

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

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

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

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

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which was punishable by imprisonment for a term exceeding 1

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year.

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

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offense for the purpose of benefiting, promoting, or furthering

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the interests of a criminal gang.

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

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

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firearm authority have been restored.

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     (b) Persons authorized to possess a bulletproof vest by

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law enforcement officials, prosecutorial authorities, or courts

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for the purpose of aiding in the investigation of criminal

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activity.

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

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

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775.083, or s. 775.084.

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

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read:

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     823.05 Places and groups engaged in criminal gang-related

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

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

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

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

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become manifestly injurious to the morals or manners of the

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

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

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of prostitution, assignation, lewdness or place or building

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

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

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

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

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

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

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

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

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

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provided in s. 874.03.

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

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gang associate who engages in the commission of criminal gang-

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

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

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     (c) The use of a location on two or more occasions by a

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criminal gang, criminal gang members, or criminal gang

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associates for the purpose of engaging in criminal gang-related

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

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

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60.05 and 60.06.

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     (d) Nothing in this subsection shall prevent a local

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governing body from adopting and enforcing laws consistent with

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this chapter relating to criminal gangs and gang violence. Where

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local laws duplicate or supplement this chapter, this chapter

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shall be construed as providing alternative remedies and not as

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preempting the field.

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

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

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instrumentalities, subdivisions, or municipalities having

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jurisdiction over conduct in violation of a provision of this

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chapter may institute civil proceedings under this subsection.

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In any action brought under this subsection, the circuit court

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shall proceed as soon as practicable to the hearing and

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determination. Pending final determination, the circuit court

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may at any time enter such injunctions, prohibitions, or

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restraining orders, or take such actions, including the

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acceptance of satisfactory performance bonds, as the court may

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deem proper.

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

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read:

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

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"Criminal Street Gang Prevention Act of 1996."

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

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read:

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     874.02  Legislative findings and intent.--

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

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

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

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and protected from fear, intimidation, and physical harm caused

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

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

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of the constitutionally protected rights of freedom of

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expression and association. The Legislature recognizes the

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constitutional right of every citizen to harbor and express

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beliefs on any lawful subject whatsoever, to lawfully associate

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with others who share similar beliefs, to petition lawfully

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constituted authority for a redress of perceived grievances, and

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to participate in the electoral process.

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

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facing a mounting crisis caused by criminal street gangs whose

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members threaten and terrorize peaceful citizens and commit a

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multitude of crimes. These criminal street gang activities, both

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individually and collectively, present a clear and present

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danger. Street gangs, terrorist organizations, and hate groups

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have evolved into increasingly sophisticated and complex

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organized crime groups in their criminal tactics, schemes, and

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brutality. The state has a compelling interest in preventing

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criminal street gang activity and halting the real and present

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danger posed by the proliferation of criminal gangs and the

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graduation from more primitive forms of criminal gangs to highly

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sophisticated criminal gangs. For these reasons, and the

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Legislature finds that the provisions of this chapter act are

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essential necessary to maintain the public order and safety.

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

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conduct associated with the existence and proliferation of

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criminal gangs, provide eradicate the terror created by criminal

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street gangs and their members by providing enhanced criminal

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penalties, and eliminate and by eliminating the patterns,

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profits, proceeds, instrumentalities, and property facilitating

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criminal street gang activity, including criminal street gang

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recruitment.

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     (4) The Legislature finds that the timely reporting and

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exchange of criminal gang information facilitates the ability of

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law enforcement agencies to monitor and anticipate criminal

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activities of gangs and their members. Additionally, the timely

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and standardized reporting of such criminal gang information

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supports the identification of gang members via the criminal

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justice information system and directly contributes to law

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

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intent of the Legislature to encourage state and local law

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enforcement agencies to facilitate the exchange of crime data

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information through the statewide criminal gang database as

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provided in s. 874.09.

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

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read:

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     874.03  Definitions.--As used in this chapter:

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

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

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its primary activities the commission of criminal or delinquent

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

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

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including, but not limited to, terrorist organizations and hate

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groups and have two or more members who, individually or

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

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street gang activity.

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

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organization was in existence during the time period charged in

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a petition, information, indictment, or action for civil

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injunctive relief.

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

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that a criminal gang spends a substantial amount of time engaged

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

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

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engages.

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

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     (a) Admits to criminal gang association; or

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     (b) Meets any single defining criterion for criminal gang

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membership described in subsection (3).

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

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

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and who meets two or more of the following criteria:

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     (a) Admits to criminal street gang membership.

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

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parent or guardian.

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     (c) Is identified as a criminal street gang member by a

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documented reliable informant.

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

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

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

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tattoos, and associates with known criminal street gang members.

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

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criminal gang.

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

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     (g) Associates with one or more known criminal gang

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members.

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

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an informant of previously untested reliability and such

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identification is corroborated by independent information.

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

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identified criminal street gang members for offenses which are

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consistent with usual criminal street gang activity.

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

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physical evidence such as photographs or other documentation.

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

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more known criminal street gang members four or more times.

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Observation in a custodial setting requires a willful

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

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criterion to be used to identify gang members who recruit and

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organize in jails, prisons, and other detention settings.

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     (k) Has authored any communication indicating

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responsibility for the commission of any crime by the criminal

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gang.

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Where a single act or factual transaction satisfies the

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requirements of more than one of the criteria in this

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subsection, each of those criteria has thereby been satisfied

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for the purposes of the statute.

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

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commission or attempted commission of, or solicitation or

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

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misdemeanor offenses, or one felony and two misdemeanor

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offenses, or the comparable number of delinquent acts or

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violations of law which would be felonies or misdemeanors if

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

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period.

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     (4) For purposes of law enforcement identification and

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tracking only:

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

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     1. Admits to criminal street gang association; or

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     2. Meets any single defining criterion for criminal street

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gang membership described in subsection (2).

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

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investigation, meets any of the following conditions:

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     1. The participants are identified as criminal street gang

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members or criminal street gang associates, acting, individually

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

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     2. A reliable informant identifies an incident as criminal

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street gang activity; or

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     3. an informant of previously untested reliability

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identifies an incident as criminal street gang activity and it

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is corroborated by independent information.

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

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

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

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purposes of increasing a person's own standing or position

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within a criminal gang;

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     (b) An activity in which the participants are identified

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as criminal gang members or criminal gang associates acting

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individually or collectively to further any criminal purpose of

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a criminal gang;

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     (c) An activity that is identified as criminal gang

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activity by a documented reliable informant; or

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     (d) An activity that is identified as criminal gang

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activity by an informant of previously untested reliability and

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such identification is corroborated by independent information.

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

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

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video, telephone communications, text messages, facsimile,

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

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message real-time communications with other individuals through

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the Internet or other means.

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

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

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

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because of race, religion, disability, sexual orientation,

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ethnicity, or national origin.

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     (7) "Terrorist organization" means any organized group

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engaged in or organized for the purpose of engaging in terrorism

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

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to prevent prosecution under this chapter of individuals acting

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alone.

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

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read:

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     874.04 Gang-related offenses Criminal street gang

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

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court at sentencing that the defendant committed the charged

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offense for the purpose of benefiting, promoting, or furthering

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

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

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

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may be enhanced. Penalty enhancement affects the applicable

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statutory maximum penalty only. Each of the findings required as

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a basis for such sentence shall be found beyond a reasonable

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doubt by a preponderance of the evidence. The enhancement will

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be as follows:

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

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as if it were a misdemeanor of the first degree.

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

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

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sentencing under chapter 921 and determining incentive gain-time

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

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of the offense severity ranking chart. The criminal street gang

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multiplier in s. 921.0024 does not apply to misdemeanors

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enhanced under this paragraph.

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

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it were a felony of the second degree.

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

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were a felony of the first degree.

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

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were a life felony.

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For purposes of sentencing under chapter 921 and determining

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incentive gain-time eligibility under chapter 944, such felony

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

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without regard to the penalty enhancement in this subsection.

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For purposes of this section, penalty enhancement affects the

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applicable statutory maximum penalty only.

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     Section 9.  Section 874.045, Florida Statutes, is created

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to read:

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     874.045 Arrest and prosecution under other

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

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and prosecution of a criminal gang member under chapter 876,

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

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provision of law except to the extent otherwise prohibited

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pursuant to a statutory or constitutional provision.

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     Section 10.  Section 874.05, Florida Statutes, is amended

404

to read:

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     874.05  Causing, encouraging, soliciting, or recruiting

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criminal street gang membership.--

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

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intentionally causes, encourages, solicits, or recruits another

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person to become a criminal gang member where join a criminal

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street gang that requires as a condition of membership or

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continued membership is the commission of any crime commits a

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

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775.082, s. 775.083, or s. 775.084.

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

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violation offense, the person commits a felony of the second

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

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775.084.

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     Section 11.  Section 874.06, Florida Statutes, is amended

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to read:

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     874.06  Civil cause of action.--

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

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convincing evidence, coercion, intimidation, threats, or other

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harm to that person or organization in violation of this chapter

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

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or any other appropriate relief in law or equity. Upon

426

prevailing, the plaintiff may recover reasonable attorney's fees

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in the trial and appellate courts and the costs of investigation

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and litigation that are reasonably incurred and costs.

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

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includes any of the state's agencies, instrumentalities,

431

subdivisions, or municipalities, and includes, but is not

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limited to, state attorneys and the Office of Statewide

433

Prosecution of the Department of Legal Affairs.

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

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

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person or organization if it proves by clear and convincing

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

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

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

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any other relief in law or equity which the court deems

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appropriate. If the state prevails, it may also recover

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

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of investigation and litigation that are reasonably incurred.

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The state may not recover punitive damages. The defendant is

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entitled to recover reasonable attorney's fees and court costs

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

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without factual or legal support and was vexatious, frivolous,

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or brought in bad faith.

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

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

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state has in the same property or proceeds.

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     (4) A person who knowingly violates a temporary or

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

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

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775.082 or s. 775.083.

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     Section 12.  Section 874.08, Florida Statutes, is amended

457

to read:

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     874.08 Criminal gang activity and Profits, proceeds, and

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instrumentalities of criminal street gangs or criminal street

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

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instrumentalities of criminal street gang activity and all

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property used or intended or attempted to be used to facilitate

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the criminal activity of any criminal street gang or of any

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

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instrumentalities of criminal street gang recruitment and all

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property used or intended or attempted to be used to facilitate

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criminal street gang recruitment are subject to seizure and

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forfeiture under the Florida Contraband Forfeiture Act, s.

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932.704.

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     Section 13.  Section 874.09, Florida Statutes, is amended

471

to read:

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     874.09  Crime data information.--

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     (1) The Department of Law Enforcement may:

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     (a) Develop and manage a statewide criminal street gang

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database to facilitate the exchange of information pursuant to

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the intent and purpose of this chapter.

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     (b) Notify all law enforcement agencies that reports of

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criminal gang members or associates shall be entered into the

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

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department is available to the reporting agency and no waiting

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period for the entry of that data exists.

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     (c) Compile and retain information regarding criminal

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gangs and their members and associates in a manner that allows

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the information to be used by law enforcement and other agencies

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deemed appropriate for investigative purposes.

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     (d) Compile and maintain a data repository relating to

487

criminal gangs and their members and associates in order to

488

develop and improve techniques used by law enforcement agencies

489

and prosecutors in the investigation, apprehension, and

490

prosecution of members and affiliates of criminal gangs.

491

     (2) Local law enforcement agencies may:

492

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

493

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

494

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

495

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

496

suspected criminal gang membership or associate status.

497

     Section 14.  Section 874.10, Florida Statutes, is created

498

to read:

499

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

500

person who knowingly initiates, organizes, plans, finances,

501

directs, manages, or supervises criminal gang-related activity

502

commits a felony of the first degree, punishable by imprisonment

503

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

504

775.082, s. 775.083, or s. 775.084.

505

     Section 15.  Section 874.11, Florida Statutes, is created

506

to read:

507

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

508

purpose of benefiting, promoting, or furthering the interests of

509

a criminal gang, uses electronic communication to intimidate or

510

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

511

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

512

distributing, selling, transmitting, or posting on the Internet

513

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

514

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

515

775.082, s. 775.083, or s. 775.084.

516

     Section 16.  Section 874.12, Florida Statutes, is created

517

to read:

518

     874.12 Identification documents; unlawful possession or

519

creation.--

520

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

521

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

522

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

523

identification card issued pursuant to s. 322.051, a

524

naturalization certificate, an alien registration number, a

525

passport, and any access credentials for a publicly operated

526

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

527

s. 2332f.

528

     (2) Any person possessing or manufacturing any blank,

529

forged, stolen, fictitious, fraudulent, counterfeit, or

530

otherwise unlawfully issued identification document for the

531

purpose of benefiting, promoting, or furthering the interests of

532

a criminal gang commits a felony of the second degree,

533

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

534

     Section 17.  Section 874.13, Florida Statutes, is created

535

to read:

536

     874.13 Commission of a gang-related offense by a habitual

537

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

538

offender under s. 775.084 and who thereafter commits an offense

539

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

540

for the purpose of benefiting, promoting, or furthering the

541

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

542

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

543

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

544

     Section 18.  Section 874.14, Florida Statutes, is created

545

to read:

546

     874.14 Suspension of driver's license.--

547

     (1) For purposes of this section:

548

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

549

and Motor Vehicles.

550

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

551

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

552

contendere, regardless of whether adjudication is withheld.

553

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

554

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

555

person convicted or adjudicated delinquent of any offense

556

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

557

to have committed any offense for the purpose of benefiting,

558

promoting, or furthering the interests of a criminal gang

559

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

560

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

561

to the department in accordance with s. 322.25.

562

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

563

subsection shall be for a period of 6 months.

564

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

565

license under this subsection shall be for 1 year.

566

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

567

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

568

incarceration, direct the department to commence the suspension

569

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

570

incarceration.

571

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

572

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

573

business or employment purposes only under s. 322.271 if the

574

person is otherwise eligible for the driving privilege.

575

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

576

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

577

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

578

term:

579

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

580

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

581

intimidate another person to commit:

582

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

583

or information under the following provisions of the Florida

584

Statutes:

585

     1.  Section 210.18, relating to evasion of payment of

586

cigarette taxes.

587

     2. Section 316.1935, relating to fleeing or attempting to

588

elude a law enforcement officer and aggravated feeling or

589

eluding.

590

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

591

control.

592

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

593

fraud.

594

     5.4. Section 414.39, relating to public assistance fraud.

595

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

596

compensation.

597

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

598

fictitious employer scheme to commit unemployment compensation

599

fraud.

600

     8.7. Section 465.0161, relating to distribution of

601

medicinal drugs without a permit as an Internet pharmacy.

602

     9.8. Sections 499.0051, 499.0052, 499.00535, 499.00545,

603

and 499.0691, relating to crimes involving contraband and

604

adulterated drugs.

605

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

606

     11.10. Chapter 517, relating to sale of securities and

607

investor protection.

608

     12.11. Section 550.235, s. 550.3551, or s. 550.3605,

609

relating to dogracing and horseracing.

610

     13.12. Chapter 550, relating to jai alai frontons.

611

     14.13. Section 551.109, relating to slot machine gaming.

612

     15.14. Chapter 552, relating to the manufacture,

613

distribution, and use of explosives.

614

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

615

violation is punishable as a felony.

616

     17.16. Chapter 562, relating to beverage law enforcement.

617

     18.17. Section 624.401, relating to transacting insurance

618

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

619

to operating an unauthorized multiple-employer welfare

620

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

621

aiding an unauthorized insurer.

622

     19.18. Section 655.50, relating to reports of currency

623

transactions, when such violation is punishable as a felony.

624

     20.19. Chapter 687, relating to interest and usurious

625

practices.

626

     21.20. Section 721.08, s. 721.09, or s. 721.13, relating

627

to real estate timeshare plans.

628

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

629

persons found to have committed any offense for the purpose of

630

benefiting, promoting, or furthering the interests of a criminal

631

gang.

632

     23. Section 777.03, relating to commission of crimes by

633

accessories after the fact.

634

     24.21. Chapter 782, relating to homicide.

635

     25.22. Chapter 784, relating to assault and battery.

636

     26.23. Chapter 787, relating to kidnapping or human

637

trafficking.

638

     27.24. Chapter 790, relating to weapons and firearms.

639

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

640

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

641

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

642

increasing a criminal gang member's own standing or position

643

within a criminal gang.

644

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

645

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

646

trafficking.

647

     30.26. Chapter 806, relating to arson and criminal

648

mischief.

649

     31.27. Chapter 810 Section 810.02(2)(c), relating to

650

specified burglary and trespass of a dwelling or structure.

651

     32.28. Chapter 812, relating to theft, robbery, and

652

related crimes.

653

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

654

     34.30. Chapter 817, relating to fraudulent practices,

655

false pretenses, fraud generally, and credit card crimes.

656

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

657

exploitation of an elderly person or disabled adult.

658

     36.32. Section 827.071, relating to commercial sexual

659

exploitation of children.

660

     37.33. Chapter 831, relating to forgery and

661

counterfeiting.

662

     38.34. Chapter 832, relating to issuance of worthless

663

checks and drafts.

664

     39.35. Section 836.05, relating to extortion.

665

     40.36. Chapter 837, relating to perjury.

666

     41.37. Chapter 838, relating to bribery and misuse of

667

public office.

668

     42.38. Chapter 843, relating to obstruction of justice.

669

     43.39. Section 847.011, s. 847.012, s. 847.013, s. 847.06,

670

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

671

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

672

s. 849.25, relating to gambling.

673

     45.41. Chapter 874, relating to criminal street gangs.

674

     46.42. Chapter 893, relating to drug abuse prevention and

675

control.

676

     47.43. Chapter 896, relating to offenses related to

677

financial transactions.

678

     48.44. Sections 914.22 and 914.23, relating to tampering

679

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

680

retaliation against a witness, victim, or informant.

681

     49.45. Sections 918.12 and 918.13, relating to tampering

682

with jurors and evidence.

683

     (3)  "Enterprise" means any individual, sole

684

proprietorship, partnership, corporation, business trust, union

685

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

686

or any unchartered union, association, or group of individuals

687

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

688

illicit as well as licit enterprises and governmental, as well

689

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

690

874.03, constitutes an enterprise.

691

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

692

Statutes, is amended to read:

693

     903.046  Purpose of and criteria for bail determination.--

694

     (2)  When determining whether to release a defendant on

695

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

696

may be, the court shall consider:

697

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

698

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

699

     (c)  The defendant's family ties, length of residence in

700

the community, employment history, financial resources, and

701

mental condition.

702

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

703

any record of convictions, previous flight to avoid prosecution,

704

or failure to appear at court proceedings. However, any

705

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

706

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

707

voluntarily appeared or surrendered, shall not be eligible for a

708

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

709

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

710

who was later arrested shall not be eligible for a recognizance

711

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

712

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

713

twice the value of the monetary commitment or undertaking of the

714

original bond, whichever is greater. Notwithstanding anything in

715

this section, the court has discretion in determining conditions

716

of release if the defendant proves circumstances beyond his or

717

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

718

construed as imposing additional duties or obligations on a

719

governmental entity related to monetary bonds.

720

     (e)  The nature and probability of danger which the

721

defendant's release poses to the community.

722

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

723

appearance bond, particularly whether the proffered funds, real

724

property, property, or any proposed collateral or bond premium

725

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

726

committed or from any other criminal or illicit activities. The

727

burden of establishing the noninvolvement in or nonderivation

728

from criminal or other illicit activity of such proffered funds,

729

real property, property, or any proposed collateral or bond

730

premium falls upon the defendant or other person proffering them

731

to obtain the defendant's release.

732

     (g)  Whether the defendant is already on release pending

733

resolution of another criminal proceeding or on probation,

734

parole, or other release pending completion of a sentence.

735

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

736

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

737

finding and intent of the Legislature that crimes involving

738

drugs and other controlled substances are of serious social

739

concern, that the flight of defendants to avoid prosecution is

740

of similar serious social concern, and that frequently such

741

defendants are able to post monetary bail using the proceeds of

742

their unlawful enterprises to defeat the social utility of

743

pretrial bail. Therefore, the courts should carefully consider

744

the utility and necessity of substantial bail in relation to the

745

street value of the drugs or controlled substances involved.

746

     (i)  The nature and probability of intimidation and danger

747

to victims.

748

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

749

defendant committed a new crime while on pretrial release.

750

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

751

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

752

874 or alleged to be subject to enhanced punishment under

753

chapter 874. If any such violation is charged against a

754

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

755

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

756

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

757

appearance on the case in order to ensure the full participation

758

of the prosecutor and the protection of the public.

759

     Section 21.  Section 914.22, Florida Statutes, is amended

760

to read:

761

     914.22 Tampering with or harassing a witness, victim, or

762

informant; penalties.--

763

     (1)  A person who knowingly uses intimidation or physical

764

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

765

engages in misleading conduct toward another person, or offers

766

pecuniary benefit or gain to another person, with intent to

767

cause or induce any person to:

768

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

769

other object, from an official investigation or official

770

proceeding;

771

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

772

intent to impair the integrity or availability of the object for

773

use in an official investigation or official proceeding;

774

     (c)  Evade legal process summoning that person to appear as

775

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

776

an official investigation or an official proceeding;

777

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

778

person has been summoned by legal process;

779

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

780

enforcement officer or judge of information relating to the

781

commission or possible commission of an offense or a violation

782

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

783

judicial proceeding; or

784

     (f)  Testify untruthfully in an official investigation or

785

an official proceeding,

786

787

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

788

informant a felony of the third degree, punishable as provided

789

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

790

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

791

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

792

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

793

investigation or official proceeding affected involves the

794

investigation or prosecution of a misdemeanor.

795

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

796

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

797

investigation or official proceeding affected involves the

798

investigation or prosecution of a third degree felony.

799

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

800

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

801

investigation or official proceeding affected involves the

802

investigation or prosecution of a second degree felony.

803

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

804

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

805

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

806

official proceeding affected involves the investigation or

807

prosecution of a first degree felony or a first degree felony

808

punishable by a term of years not exceeding life.

809

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

810

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

811

official proceeding affected involves the investigation or

812

prosecution of a life or capital felony.

813

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

814

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

815

of the affected official investigation or official proceeding is

816

indeterminable or where the affected official investigation or

817

official proceeding involves a noncriminal investigation or

818

proceeding.

819

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

820

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

821

     (a)  Attending or testifying in an official proceeding or

822

cooperating in an official investigation;

823

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

824

commission or possible commission of an offense or a violation

825

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

826

judicial proceeding;

827

     (c)  Arresting or seeking the arrest of another person in

828

connection with an offense; or

829

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

830

probation revocation proceeding, to be sought or instituted, or

831

from assisting in such prosecution or proceeding;

832

833

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

834

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

835

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

836

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

837

     (a) Misdemeanor of the first degree, punishable as

838

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

839

investigation or official proceeding affected involves the

840

investigation or prosecution of a misdemeanor.

841

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

842

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

843

investigation or official proceeding affected involves the

844

investigation or prosecution of a third degree felony.

845

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

846

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

847

investigation or official proceeding affected involves the

848

investigation or prosecution of a second degree felony.

849

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

850

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

851

investigation or official proceeding affected involves the

852

investigation or prosecution of a first degree felony.

853

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

854

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

855

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

856

official proceeding affected involves the investigation or

857

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

858

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

859

capital felony.

860

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

861

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

862

of the affected official investigation or official proceeding is

863

indeterminable or where the affected official investigation or

864

official proceeding involves a noncriminal investigation or

865

proceeding.

866

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

867

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

868

be instituted at the time of the offense; and

869

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

870

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

871

privilege.

872

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

873

no state of mind need be proved with respect to the

874

circumstance:

875

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

876

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

877

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

878

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

879

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

880

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

881

serving the state as an adviser or consultant.

882

     Section 22.  Section 943.031, Florida Statutes, is amended

883

to read:

884

     943.031  Florida Violent Crime and Drug Control Council.--

885

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

886

to develop and implement a statewide strategy to address violent

887

criminal activity, including crimes committed by criminal gangs,

888

and drug control efforts by state and local law enforcement

889

agencies, including investigations of illicit money laundering.

890

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

891

Control Council is created within the department. The council

892

shall serve in an advisory capacity to the department.

893

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

894

members, as follows:

895

     (a)  The Attorney General or a designate.

896

     (b)  A designate of the executive director of the

897

Department of Law Enforcement.

898

     (c)  The secretary of the Department of Corrections or a

899

designate.

900

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

901

     (e)  The Commissioner of Education or a designate.

902

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

903

Services, Inc., or a designate.

904

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

905

Executive Office of the Governor, or a designate.

906

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

907

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

908

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

909

one state attorney or their designates.

910

911

The Governor, when making appointments under this subsection,

912

must take into consideration representation by geography,

913

population, ethnicity, and other relevant factors to ensure that

914

the membership of the council is representative of the state at

915

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

916

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

917

on issues before the council to the same extent the designating

918

council member is so empowered.

919

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

920

STAFF.--

921

     (a)  Members appointed by the Governor shall be appointed

922

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

923

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

924

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

925

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

926

an appointment to fill the vacancy shall be only for the

927

unexpired term.

928

     (b)  The Legislature finds that the council serves a

929

legitimate state, county, and municipal purpose and that service

930

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

931

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

932

not disqualify a member from holding any other public office or

933

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

934

Legislature shall serve on the council.

935

     (c)  The members of the council shall elect a chair and a

936

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

937

appropriate, other officers may be elected by the members.

938

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

939

without compensation but are entitled to reimbursement for per

940

diem and travel expenses pursuant to s. 112.061. Reimbursements

941

made pursuant to this paragraph may be paid from either the

942

Violent Crime Investigative Emergency and Drug Control Strategy

943

Implementation Account within the Department of Law Enforcement

944

Operating Trust Fund or from other appropriations provided to

945

the department by the Legislature in the General Appropriations

946

Act.

947

     (e)  The department shall provide the council with staff

948

necessary to assist the council in the performance of its

949

duties.

950

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

951

semiannually. Additional meetings may be held when it is

952

determined by the chair that extraordinary circumstances require

953

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

954

of the council constitutes a quorum.

955

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

956

advice and make recommendations, as necessary, to the executive

957

director of the department.

958

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

959

feasibility of undertaking initiatives which include, but are

960

not limited to, the following:

961

     1.  Establishing a program which provides grants to

962

criminal justice agencies that develop and implement effective

963

violent crime prevention and investigative programs and which

964

provides grants to law enforcement agencies for the purpose of

965

drug control, criminal gang, and illicit money laundering

966

investigative efforts or task force efforts that are determined

967

by the council to significantly contribute to achieving the

968

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

969

the Office of Drug Control, that represent significant criminal

970

gang investigative efforts, that represent a significant illicit

971

money laundering investigative effort, or that otherwise

972

significantly support statewide strategies developed by the

973

Statewide Drug Policy Advisory Council established under s.

974

397.333, subject to the limitations provided in this section.

975

The grant program may include an innovations grant program to

976

provide startup funding for new initiatives by local and state

977

law enforcement agencies to combat violent crime or to implement

978

drug control, criminal gang, or illicit money laundering

979

investigative efforts or task force efforts by law enforcement

980

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

981

     a.  Providing enhanced community-oriented policing.

982

     b.  Providing additional undercover officers and other

983

investigative officers to assist with violent crime

984

investigations in emergency situations.

985

     c.  Providing funding for multiagency or statewide drug

986

control, criminal gang, or illicit money laundering

987

investigative efforts or task force efforts that cannot be

988

reasonably funded completely by alternative sources and that

989

significantly contribute to achieving the state's goal of

990

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

991

Control, that represent significant criminal gang investigative

992

efforts, that represent a significant illicit money laundering

993

investigative effort, or that otherwise significantly support

994

statewide strategies developed by the Statewide Drug Policy

995

Advisory Council established under s. 397.333.

996

     2.  Expanding the use of automated fingerprint

997

identification systems at the state and local level.

998

     3.  Identifying methods to prevent violent crime.

999

     4.  Identifying methods to enhance multiagency or statewide

1000

drug control, criminal gang, or illicit money laundering

1001

investigative efforts or task force efforts that significantly

1002

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

1003

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

1004

represent significant criminal gang investigative efforts, that

1005

represent a significant illicit money laundering investigative

1006

effort, or that otherwise significantly support statewide

1007

strategies developed by the Statewide Drug Policy Advisory

1008

Council established under s. 397.333.

1009

     5.  Enhancing criminal justice training programs which

1010

address violent crime, drug control, or illicit money laundering

1011

investigative techniques, or efforts to control and eliminate

1012

criminal gangs.

1013

     6.  Developing and promoting crime prevention services and

1014

educational programs that serve the public, including, but not

1015

limited to:

1016

     a.  Enhanced victim and witness counseling services that

1017

also provide crisis intervention, information referral,

1018

transportation, and emergency financial assistance.

1019

     b.  A well-publicized rewards program for the apprehension

1020

and conviction of criminals who perpetrate violent crimes.

1021

     7.  Enhancing information sharing and assistance in the

1022

criminal justice community by expanding the use of community

1023

partnerships and community policing programs. Such expansion may

1024

include the use of civilian employees or volunteers to relieve

1025

law enforcement officers of clerical work in order to enable the

1026

officers to concentrate on street visibility within the

1027

community.

1028

     (b) The full council shall:

1029

     1.  Receive periodic reports from regional violent crime

1030

investigation and statewide drug control strategy implementation

1031

coordinating teams which relate to violent crime trends or the

1032

investigative needs or successes in the regions, including

1033

discussions regarding the activity of significant criminal gangs

1034

in the region, factors, and trends relevant to the

1035

implementation of the statewide drug strategy, and the results

1036

of drug control and illicit money laundering investigative

1037

efforts funded in part by the council.

1038

     2. Maintain and use utilize criteria for the disbursement

1039

of funds from the Violent Crime Investigative Emergency and Drug

1040

Control Strategy Implementation Account or any other account

1041

from which the council may disburse proactive investigative

1042

funds as may be established within the Department of Law

1043

Enforcement Operating Trust Fund or other appropriations

1044

provided to the Department of Law Enforcement by the Legislature

1045

in the General Appropriations Act. The criteria shall allow for

1046

the advancement of funds to reimburse agencies regarding violent

1047

crime investigations as approved by the full council and the

1048

advancement of funds to implement proactive drug control

1049

strategies or significant criminal gang investigative efforts as

1050

authorized by the Drug Control Strategy and Criminal Gang

1051

Committee or the Victim and Witness Protection Review Committee.

1052

Regarding violent crime investigation reimbursement, an

1053

expedited approval procedure shall be established for rapid

1054

disbursement of funds in violent crime emergency situations.

1055

     (c) As used in this section, "significant criminal gang

1056

investigative efforts" eligible for proactive funding must

1057

involve at a minimum an effort against a known criminal gang

1058

that:

1059

     1. Involves multiple law enforcement agencies.

1060

     2. Reflects a dedicated significant investigative effort

1061

on the part of each participating agency in personnel, time

1062

devoted to the investigation, and agency resources dedicated to

1063

the effort.

1064

     3. Reflects a dedicated commitment by a prosecuting

1065

authority to ensure that cases developed by the investigation

1066

will be timely and effectively prosecuted.

1067

     4. Demonstrates a strategy and commitment to dismantling

1068

the criminal gang via seizures of assets, significant money

1069

laundering and organized crime investigations and prosecutions,

1070

or similar efforts.

1071

1072

The council may require satisfaction of additional elements, to

1073

include reporting criminal investigative and criminal

1074

intelligence information related to criminal gang activity and

1075

members in a manner required by the department, as a

1076

prerequisite for receiving proactive criminal gang funding.

1077

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

1078

     (a) The Drug Control Strategy and Criminal Gang Committee

1079

is created within the Florida Violent Crime and Drug Control

1080

Council, consisting of the following council members:

1081

     1. The Attorney General or a designate.

1082

     2. The designate of the executive director of the

1083

Department of Law Enforcement.

1084

     3. The secretary of the Department of Corrections or a

1085

designate.

1086

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

1087

Executive Office of the Governor or a designate.

1088

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

1089

chiefs of police, or their designates.

1090

     (b) The committee shall

1091

     3. review and approve all requests for disbursement of

1092

funds from the Violent Crime Investigative Emergency and Drug

1093

Control Strategy Implementation Account within the Department of

1094

Law Enforcement Operating Trust Fund and from other

1095

appropriations provided to the department by the Legislature in

1096

the General Appropriations Act. An expedited approval procedure

1097

shall be established for rapid disbursement of funds in violent

1098

crime emergency situations.

1099

     (c) Those receiving any proactive funding provided by the

1100

council through the committee shall be required to report the

1101

results of the investigations to the council once the

1102

investigation has been completed. The committee shall also

1103

require ongoing status reports on ongoing investigations using

1104

such findings in its closed sessions.

1105

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

1106

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

1107

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

1108

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

1109

and House committees having principal jurisdiction over criminal

1110

law. Comments and responses of the executive director to the

1111

report are to be included.

1112

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

1113

     (a)  The Victim and Witness Protection Review Committee is

1114

created within the Florida Violent Crime and Drug Control

1115

Council, consisting of the statewide prosecutor or a state

1116

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

1117

executive director of the Department of Law Enforcement. The

1118

committee shall be appointed from the membership of the council

1119

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

1120

the executive director of the Department of Law Enforcement.

1121

Committee members shall meet in conjunction with the meetings of

1122

the council.

1123

     (b)  The committee shall:

1124

     1. Maintain and use utilize criteria for disbursing funds

1125

to reimburse law enforcement agencies for costs associated with

1126

providing victim and witness protective or temporary relocation

1127

services.

1128

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

1129

reimbursement requests submitted by law enforcement agencies.

1130

     (c)  The lead law enforcement agency providing victim or

1131

witness protective or temporary relocation services pursuant to

1132

the provisions of s. 914.25 may submit a request for

1133

reimbursement to the Victim and Witness Protection Review

1134

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

1135

enforcement agency shall submit such reimbursement request on

1136

behalf of all law enforcement agencies that cooperated in

1137

providing protective or temporary relocation services related to

1138

a particular criminal investigation or prosecution. As part of

1139

the reimbursement request, the lead law enforcement agency must

1140

indicate how any reimbursement proceeds will be distributed

1141

among the agencies that provided protective or temporary

1142

relocation services.

1143

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

1144

available to the committee to provide all or partial

1145

reimbursement to the lead law enforcement agency for such costs,

1146

or may decline to provide any reimbursement.

1147

     (e)  The committee may conduct its meeting by

1148

teleconference or conference phone calls when the chair of the

1149

committee finds that the need for reimbursement is such that

1150

delaying until the next scheduled council meeting will adversely

1151

affect the requesting agency's ability to provide the protection

1152

services.

1153

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

1154

MEETINGS AND RECORDS.--

1155

     (a)  The Legislature finds that during limited portions of

1156

the meetings of the Florida Violent Crime and Drug Control

1157

Council it is necessary that the council be presented with and

1158

discuss details, information, and documents related to active

1159

criminal investigations or matters constituting active criminal

1160

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

1161

presentations and discussions are necessary for the council to

1162

make its funding decisions as required by the Legislature. The

1163

Legislature finds that to reveal the contents of documents

1164

containing active criminal investigative or intelligence

1165

information or to allow active criminal investigative or active

1166

criminal intelligence matters to be discussed in a meeting open

1167

to the public negatively impacts the ability of law enforcement

1168

agencies to efficiently continue their investigative or

1169

intelligence gathering activities. The Legislature finds that

1170

information coming before the council that pertains to active

1171

criminal investigations or intelligence should remain

1172

confidential and exempt from public disclosure. The Legislature

1173

finds that the Florida Violent Crime and Drug Control Council

1174

may, by declaring only those portions of council meetings in

1175

which active criminal investigative or active criminal

1176

intelligence information is to be presented or discussed closed

1177

to the public, assure an appropriate balance between the policy

1178

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

1179

state to facilitate efficient law enforcement efforts.

1180

     (b)  The Florida Violent Crime and Drug Control Council

1181

shall be considered a "criminal justice agency" within the

1182

definition of s. 119.011(4).

1183

     (c)1.  The Florida Violent Crime and Drug Control Council

1184

may close portions of meetings during which the council will

1185

hear or discuss active criminal investigative information or

1186

active criminal intelligence information, and such portions of

1187

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

1188

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

1189

following conditions are met:

1190

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

1191

public meeting that, in connection with the performance of a

1192

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

1193

active criminal investigative information or active criminal

1194

intelligence information.

1195

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

1196

the specific reasons for such necessity shall be stated in

1197

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

1198

filed with the official records of the council.

1199

     c.  The entire closed session shall be recorded. The

1200

recording shall include the times of commencement and

1201

termination of the closed session, all discussion and

1202

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

1203

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

1204

maintained by the council.

1205

     2.  Only members of the council, Department of Law

1206

Enforcement staff supporting the council's function, and other

1207

persons whose presence has been authorized by the chair of the

1208

council shall be allowed to attend the exempted portions of the

1209

council meetings. The council shall assure that any closure of

1210

its meetings as authorized by this section is limited so that

1211

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

1212

maintained.

1213

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

1214

generated during, that portion of a Florida Violent Crime and

1215

Drug Control Council meeting which is closed to the public

1216

pursuant to this section are confidential and exempt from s.

1217

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

1218

such time as the criminal investigative information or criminal

1219

intelligence information ceases to be active.

1220

     Section 23.  Section 948.033, Florida Statutes, is created

1221

to read:

1222

     948.033 Condition of probation or community control;

1223

criminal gang.--Effective for a probationer or community

1224

controllee whose crime was committed on or after October 1,

1225

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

1226

purpose of benefiting, promoting, or furthering the interests of

1227

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

1228

conditions imposed, impose a condition prohibiting the

1229

probationer or community controllee from knowingly associating

1230

with other criminal gang members or associates, except as

1231

authorized by law enforcement officials, prosecutorial

1232

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

1233

investigation of criminal activity.

1234

     Section 24.  Section 947.18, Florida Statutes, is amended

1235

to read:

1236

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

1237

parole merely as a reward for good conduct or efficient

1238

performance of duties assigned in prison. No person shall be

1239

placed on parole until and unless the commission finds that

1240

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

1241

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

1242

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

1243

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

1244

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

1245

the commission is satisfied that he or she will be suitably

1246

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

1247

not become a public charge. The commission shall determine the

1248

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

1249

person's conviction was for a controlled substance violation,

1250

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

1251

substance abuse testing intermittently throughout the term of

1252

supervision, upon the direction of the correctional probation

1253

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

1254

lawful condition of parole, the commission may make the payment

1255

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

1256

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

1257

state under s. 938.29 a condition of parole subject to

1258

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

1259

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

1260

for the purpose of benefiting, promoting, or furthering the

1261

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

1262

the person be prohibited from knowingly associating with other

1263

criminal gang members or associates, except as authorized by law

1264

enforcement officials, prosecutorial authorities, or the court,

1265

for the purpose of aiding in the investigation of criminal

1266

activity.

1267

     Section 25.  Subsection (11) is added to section 947.1405,

1268

Florida Statutes, to read:

1269

     947.1405  Conditional release program.--

1270

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

1271

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

1272

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

1273

furthering the interests of a criminal gang, the commission

1274

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

1275

condition prohibiting the releasee from knowingly associating

1276

with other criminal gang members or associates, except as

1277

authorized by law enforcement officials, prosecutorial

1278

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

1279

investigation of criminal activity.

1280

     Section 26.  Paragraph (d) of subsection (2) of section

1281

893.138, Florida Statutes, is amended to read:

1282

     893.138  Local administrative action to abate drug-related,

1283

prostitution-related, or stolen-property-related public

1284

nuisances and criminal street gang activity.--

1285

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

1286

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

1287

conducting a pattern of criminal street gang activity as defined

1288

by s. 874.03; or

1289

1290

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

1291

be abated pursuant to the procedures provided in this section.

1292

     Section 27.  Paragraphs (d), (e), and (g) of subsection (3)

1293

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

1294

     921.0022  Criminal Punishment Code; offense severity

1295

ranking chart.--

1296

     (3)  OFFENSE SEVERITY RANKING CHART

1297

     (d)  LEVEL 4

1298

1299

1300

1301

1302

1303

1304

1305

1306

1307

1308

1309

1310

1311

1312

1313

1314

1315

1316

1317

1318

1319

1320

1321

1322

1323

1324

1325

1326

1327

1328

1329

1330

1331

1332

1333

1334

1335

1336

1337

1338

1339

1340

1341

1342

1343

1344

1345

1346

     (e)  LEVEL 5

1347

1348

1349

1350

1351

1352

1353

1354

1355

1356

1357

1358

1359

1360

1361

1362

1363

1364

1365

1366

1367

1368

1369

1370

1371

1372

1373

1374

1375

1376

1377

1378

1379

1380

1381

1382

1383

1384

1385

1386

1387

1388

1389

1390

1391

     (g)  LEVEL 7

1392

1393

1394

1395

1396

1397

1398

1399

1400

1401

1402

1403

1404

1405

1406

1407

1408

1409

1410

1411

1412

1413

1414

1415

1416

1417

1418

1419

1420

1421

1422

1423

1424

1425

1426

1427

1428

1429

1430

1431

1432

1433

1434

1435

1436

1437

1438

1439

1440

1441

1442

1443

1444

1445

1446

1447

1448

1449

1450

1451

1452

1453

1454

1455

1456

1457

1458

1459

1460

1461

1462

1463

1464

1465

1466

1467

1468

1469

1470

1471

1472

1473

1474

1475

1476

1477

1478

1479

1480

1481

1482

1483

1484

1485

1486

1487

1488

1489

1490

1491

1492

1493

1494

1495

1496

1497

1498

1499

1500

1501

1502

1503

1504

1505

1506

1507

1508

     Section 28.  Subsection (1) of section 921.0024, Florida

1509

Statutes, is amended to read:

1510

     921.0024  Criminal Punishment Code; worksheet computations;

1511

scoresheets.--

1512

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

1513

compute the subtotal and total sentence points as follows:

1514

1515

FLORIDA CRIMINAL PUNISHMENT CODE

1516

WORKSHEET

1517

1518

OFFENSE SCORE

1519

1520

Primary Offense

1521

1522

1523

1524

1525

1526

1527

1528

1529

1530

1531

1532

1533

1534

1535

1536

Additional Offenses

1537

1538

1539

1540

1541

1542

1543

1544

1545

1546

1547

1548

1549

1550

1551

1552

1553

Victim Injury

1554

1555

1556

1557

1558

1559

1560

1561

1562

1563

1564

1565

1566

Primary Offense + Additional Offenses + Victim Injury =

1567

TOTAL OFFENSE SCORE

1568

1569

PRIOR RECORD SCORE

1570

1571

Prior Record

1572

1573

1574

1575

1576

1577

1578

1579

1580

1581

1582

1583

1584

1585

1586

1587

1588

TOTAL OFFENSE SCORE

1589

   TOTAL PRIOR RECORD SCORE

1590

1591

   LEGAL STATUS

1592

   COMMUNITY SANCTION VIOLATION

1593

   PRIOR SERIOUS FELONY

1594

   PRIOR CAPITAL FELONY

1595

   FIREARM OR SEMIAUTOMATIC WEAPON

1596

SUBTOTAL__________

1597

1598

   PRISON RELEASEE REOFFENDER (no)(yes)

1599

   VIOLENT CAREER CRIMINAL (no)(yes)

1600

   HABITUAL VIOLENT OFFENDER (no)(yes)

1601

   HABITUAL OFFENDER (no)(yes)

1602

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

1603

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

1604

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

1605

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

1606

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

1607

(x multiplier)

1608

1609

TOTAL SENTENCE POINTS__________

1610

1611

(b)  WORKSHEET KEY:

1612

1613

Legal status points are assessed when any form of legal status

1614

existed at the time the offender committed an offense before the

1615

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

1616

an offender's legal status.

1617

1618

Community sanction violation points are assessed when a

1619

community sanction violation is before the court for sentencing.

1620

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

1621

violation and each successive community sanction violation,

1622

unless any of the following apply:

1623

     1.  If the community sanction violation includes a new

1624

felony conviction before the sentencing court, twelve (12)

1625

community sanction violation points are assessed for the

1626

violation, and for each successive community sanction violation

1627

involving a new felony conviction.

1628

     2.  If the community sanction violation is committed by a

1629

violent felony offender of special concern as defined in s.

1630

948.06:

1631

     a.  Twelve (12) community sanction violation points are

1632

assessed for the violation and for each successive violation of

1633

felony probation or community control where:

1634

     (I)  The violation does not include a new felony

1635

conviction; and

1636

     (II)  The community sanction violation is not based solely

1637

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

1638

or make restitution payments.

1639

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

1640

are assessed for the violation and for each successive violation

1641

of felony probation or community control where the violation

1642

includes a new felony conviction.

1643

1644

Multiple counts of community sanction violations before the

1645