Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 76
357726
Senate
Comm: FAV
4/10/2008
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House
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The Committee on Criminal and Civil Justice Appropriations (Dean)
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recommended the following amendment:
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Senate Amendment (with title amendment)
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Delete lines 612 through 1617
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and insert:
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Section 17. Paragraph (a) of subsection (1) and subsection
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(3) of section 895.02, Florida Statutes, are amended to read:
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895.02 Definitions.--As used in ss. 895.01-895.08, the
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term:
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(1) "Racketeering activity" means to commit, to attempt to
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commit, to conspire to commit, or to solicit, coerce, or
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intimidate another person to commit:
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(a) Any crime that is chargeable by petition, indictment,
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or information under the following provisions of the Florida
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Statutes:
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1. Section 210.18, relating to evasion of payment of
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cigarette taxes.
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2. Section 316.1935, relating to fleeing or attempting to
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elude a law enforcement officer and aggravated fleeing or
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eluding.
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3.2. Section 403.727(3)(b), relating to environmental
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control.
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4.3. Section 409.920 or s. 409.9201, relating to Medicaid
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fraud.
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5.4. Section 414.39, relating to public assistance fraud.
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6.5. Section 440.105 or s. 440.106, relating to workers'
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compensation.
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7.6. Section 443.071(4), relating to creation of a
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fictitious employer scheme to commit unemployment compensation
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fraud.
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8.7. Section 465.0161, relating to distribution of
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medicinal drugs without a permit as an Internet pharmacy.
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9.8. Sections 499.0051, 499.0052, 499.00535, 499.00545, and
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499.0691, relating to crimes involving contraband and adulterated
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drugs.
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10.9. Part IV of chapter 501, relating to telemarketing.
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11.10. Chapter 517, relating to sale of securities and
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investor protection.
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12.11. Section 550.235, s. 550.3551, or s. 550.3605,
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relating to dogracing and horseracing.
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13.12. Chapter 550, relating to jai alai frontons.
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14.13. Section 551.109, relating to slot machine gaming.
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15.14. Chapter 552, relating to the manufacture,
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distribution, and use of explosives.
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16.15. Chapter 560, relating to money transmitters, if the
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violation is punishable as a felony.
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17.16. Chapter 562, relating to beverage law enforcement.
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18.17. Section 624.401, relating to transacting insurance
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without a certificate of authority, s. 624.437(4)(c)1., relating
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to operating an unauthorized multiple-employer welfare
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arrangement, or s. 626.902(1)(b), relating to representing or
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aiding an unauthorized insurer.
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19.18. Section 655.50, relating to reports of currency
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transactions, when such violation is punishable as a felony.
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20.19. Chapter 687, relating to interest and usurious
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practices.
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21.20. Section 721.08, s. 721.09, or s. 721.13, relating to
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real estate timeshare plans.
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22. Section 775.13(5)(b), relating to registration of
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persons found 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.
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23. Section 777.03, relating to commission of crimes by
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accessories after the fact.
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24.21. Chapter 782, relating to homicide.
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25.22. Chapter 784, relating to assault and battery.
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26.23. Chapter 787, relating to kidnapping or human
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trafficking.
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27.24. Chapter 790, relating to weapons and firearms.
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28. Chapter 794, relating to sexual battery, but only if
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such crime was committed with the intent to benefit, promote, or
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further the interests of a criminal gang, or for the purpose of
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increasing a criminal gang member's own standing or position
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within a criminal gang.
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29.25. Section 796.03, s. 796.035, s. 796.04, s. 796.045,
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s. 796.05, or s. 796.07, relating to prostitution and sex
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trafficking.
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30.26. Chapter 806, relating to arson and criminal
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mischief.
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31.27. Chapter 810 Section 810.02(2)(c), relating to
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specified burglary and trespass of a dwelling or structure.
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32.28. Chapter 812, relating to theft, robbery, and related
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crimes.
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33.29. Chapter 815, relating to computer-related crimes.
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34.30. Chapter 817, relating to fraudulent practices, false
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pretenses, fraud generally, and credit card crimes.
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35.31. Chapter 825, relating to abuse, neglect, or
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exploitation of an elderly person or disabled adult.
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36.32. Section 827.071, relating to commercial sexual
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exploitation of children.
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37.33. Chapter 831, relating to forgery and counterfeiting.
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38.34. Chapter 832, relating to issuance of worthless
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checks and drafts.
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39.35. Section 836.05, relating to extortion.
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40.36. Chapter 837, relating to perjury.
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41.37. Chapter 838, relating to bribery and misuse of
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public office.
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42.38. Chapter 843, relating to obstruction of justice.
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43.39. Section 847.011, s. 847.012, s. 847.013, s. 847.06,
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or s. 847.07, relating to obscene literature and profanity.
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44.40. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
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s. 849.25, relating to gambling.
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45.41. Chapter 874, relating to criminal street gangs.
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46.42. Chapter 893, relating to drug abuse prevention and
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control.
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47.43. Chapter 896, relating to offenses related to
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financial transactions.
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48.44. Sections 914.22 and 914.23, relating to tampering
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with or harassing a witness, victim, or informant, and
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retaliation against a witness, victim, or informant.
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49.45. Sections 918.12 and 918.13, relating to tampering
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with jurors and evidence.
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(3) "Enterprise" means any individual, sole proprietorship,
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partnership, corporation, business trust, union chartered under
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the laws of this state, or other legal entity, or any unchartered
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union, association, or group of individuals associated in fact
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although not a legal entity; and it includes illicit as well as
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licit enterprises and governmental, as well as other, entities. A
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criminal street gang, as defined in s. 874.03, constitutes an
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enterprise.
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Section 18. Subsection (2) of section 903.046, Florida
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Statutes, is amended to read:
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903.046 Purpose of and criteria for bail determination.--
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(2) When determining whether to release a defendant on bail
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or other conditions, and what that bail or those conditions may
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be, the court shall consider:
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(a) The nature and circumstances of the offense charged.
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(b) The weight of the evidence against the defendant.
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(c) The defendant's family ties, length of residence in the
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community, employment history, financial resources, and mental
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condition.
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(d) The defendant's past and present conduct, including any
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record of convictions, previous flight to avoid prosecution, or
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failure to appear at court proceedings. However, any defendant
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who had failed to appear on the day of any required court
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proceeding in the case at issue, but who had later voluntarily
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appeared or surrendered, shall not be eligible for a recognizance
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bond; and any defendant who failed to appear on the day of any
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required court proceeding in the case at issue and who was later
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arrested shall not be eligible for a recognizance bond or for any
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form of bond which does not require a monetary undertaking or
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commitment equal to or greater than $2,000 or twice the value of
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the monetary commitment or undertaking of the original bond,
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whichever is greater. Notwithstanding anything in this section,
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the court has discretion in determining conditions of release if
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the defendant proves circumstances beyond his or her control for
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the failure to appear. This section may not be construed as
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imposing additional duties or obligations on a governmental
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entity related to monetary bonds.
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(e) The nature and probability of danger which the
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defendant's release poses to the community.
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(f) The source of funds used to post bail or procure an
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appearance bond, particularly whether the proffered funds, real
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property, property, or any proposed collateral or bond premium
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may be linked to or derived from the crime alleged to have been
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committed or from any other criminal or illicit activities. The
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burden of establishing the noninvolvement in or nonderivation
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from criminal or other illicit activity of such proffered funds,
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real property, property, or any proposed collateral or bond
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premium falls upon the defendant or other person proffering them
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to obtain the defendant's release.
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(g) Whether the defendant is already on release pending
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resolution of another criminal proceeding or on probation,
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parole, or other release pending completion of a sentence.
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(h) The street value of any drug or controlled substance
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connected to or involved in the criminal charge. It is the
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finding and intent of the Legislature that crimes involving drugs
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and other controlled substances are of serious social concern,
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that the flight of defendants to avoid prosecution is of similar
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serious social concern, and that frequently such defendants are
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able to post monetary bail using the proceeds of their unlawful
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enterprises to defeat the social utility of pretrial bail.
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Therefore, the courts should carefully consider the utility and
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necessity of substantial bail in relation to the street value of
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the drugs or controlled substances involved.
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(i) The nature and probability of intimidation and danger
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to victims.
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(j) Whether there is probable cause to believe that the
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defendant committed a new crime while on pretrial release.
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(k) Any other facts that the court considers relevant.
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(l) Whether the crime charged is a violation of chapter 874
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or alleged to be subject to enhanced punishment under chapter
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874. If any such violation is charged against a defendant or if
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the defendant is charged with a crime that is alleged to be
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subject to such enhancement, he or she shall not be eligible for
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release on bail or surety bond until the first appearance on the
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case in order to ensure the full participation of the prosecutor
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and the protection of the public.
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Section 19. Section 914.22, Florida Statutes, is amended to
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read:
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914.22 Tampering with or harassing a witness, victim, or
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informant; penalties.--
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(1) A person who knowingly uses intimidation or physical
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force, or threatens another person, or attempts to do so, or
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engages in misleading conduct toward another person, or offers
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pecuniary benefit or gain to another person, with intent to cause
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or induce any person to:
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(a) Withhold testimony, or withhold a record, document, or
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other object, from an official investigation or official
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proceeding;
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(b) Alter, destroy, mutilate, or conceal an object with
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intent to impair the integrity or availability of the object for
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use in an official investigation or official proceeding;
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(c) Evade legal process summoning that person to appear as
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a witness, or to produce a record, document, or other object, in
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an official investigation or an official proceeding;
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(d) Be absent from an official proceeding to which such
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person has been summoned by legal process;
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(e) Hinder, delay, or prevent the communication to a law
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enforcement officer or judge of information relating to the
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commission or possible commission of an offense or a violation of
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a condition of probation, parole, or release pending a judicial
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proceeding; or
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(f) Testify untruthfully in an official investigation or an
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official proceeding,
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commits the crime of tampering with a witness, victim, or
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informant a felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084.
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(2) Tampering with a witness, victim, or informant is a:
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(a) Felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the official
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investigation or official proceeding affected involves the
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investigation or prosecution of a misdemeanor.
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(b) Felony of the second degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the official
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investigation or official proceeding affected involves the
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investigation or prosecution of a third degree felony.
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(c) Felony of the first degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the official
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investigation or official proceeding affected involves the
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investigation or prosecution of a second degree felony.
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(d) Felony of the first degree, punishable by a term of
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years not exceeding life or as provided in s. 775.082, s.
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775.083, or s. 775.084, where the official investigation or
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official proceeding affected involves the investigation or
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prosecution of a first degree felony or a first degree felony
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punishable by a term of years not exceeding life.
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(e) Life felony, punishable as provided in s. 775.082, s.
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775.083, or s. 775.084, where the official investigation or
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official proceeding affected involves the investigation or
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prosecution of a life or capital felony.
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(f) Felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the offense level of
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the affected official investigation or official proceeding is
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indeterminable or where the affected official investigation or
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official proceeding involves a noncriminal investigation or
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proceeding.
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(3)(2) Whoever intentionally harasses another person and
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thereby hinders, delays, prevents, or dissuades any person from:
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(a) Attending or testifying in an official proceeding or
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cooperating in an official investigation;
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(b) Reporting to a law enforcement officer or judge the
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commission or possible commission of an offense or a violation of
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a condition of probation, parole, or release pending a judicial
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proceeding;
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(c) Arresting or seeking the arrest of another person in
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connection with an offense; or
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(d) Causing a criminal prosecution, or a parole or
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probation revocation proceeding, to be sought or instituted, or
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from assisting in such prosecution or proceeding;
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or attempts to do so, commits the crime of harassing a witness,
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victim, or informant is guilty of a misdemeanor of the first
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degree, punishable as provided in s. 775.082 or s. 775.083.
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(4) Harassing a witness, victim, or informant is a:
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(a) Misdemeanor of the first degree, punishable as provided
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in s. 775.082 or s. 775.083, where the official investigation or
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official proceeding affected involves the investigation or
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prosecution of a misdemeanor.
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(b) Felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the official
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investigation or official proceeding affected involves the
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investigation or prosecution of a third degree felony.
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(c) Felony of the second degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the official
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investigation or official proceeding affected involves the
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investigation or prosecution of a second degree felony.
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(d) Felony of the first degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the official
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investigation or official proceeding affected involves the
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investigation or prosecution of a first degree felony.
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(e) Felony of the first degree, punishable by a term of
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years not exceeding life or as provided in s. 775.082, s.
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775.083, or s. 775.084, where the official investigation or
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official proceeding affected involves the investigation or
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prosecution of a felony of the first degree punishable by a term
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of years not exceeding life or a prosecution of a life or capital
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felony.
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(f) Felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, where the offense level of
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the affected official investigation or official proceeding is
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indeterminable or where the affected official investigation or
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official proceeding involves a noncriminal investigation or
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proceeding.
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(5)(3) For the purposes of this section:
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(a) An official proceeding need not be pending or about to
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be instituted at the time of the offense; and
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(b) The testimony or the record, document, or other object
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need not be admissible in evidence or free of a claim of
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privilege.
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(6)(4) In a prosecution for an offense under this section,
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no state of mind need be proved with respect to the circumstance:
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(a) That the official proceeding before a judge, court,
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grand jury, or government agency is before a judge or court of
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the state, a state or local grand jury, or a state agency; or
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(b) That the judge is a judge of the state or that the law
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enforcement officer is an officer or employee of the state or a
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person authorized to act for or on behalf of the state or serving
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the state as an adviser or consultant.
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Section 20. Section 943.031, Florida Statutes, is amended
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to read:
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943.031 Florida Violent Crime and Drug Control Council.--
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(1) FINDINGS.--The Legislature finds that there is a need
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to develop and implement a statewide strategy to address violent
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criminal activity, including crimes committed by criminal gangs,
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and drug control efforts by state and local law enforcement
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agencies, including investigations of illicit money laundering.
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In recognition of this need, the Florida Violent Crime and Drug
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Control Council is created within the department. The council
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shall serve in an advisory capacity to the department.
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(2)(1) MEMBERSHIP.--The council shall consist of 14
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members, as follows:
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(a) The Attorney General or a designate.
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(b) A designate of the executive director of the Department
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of Law Enforcement.
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(c) The secretary of the Department of Corrections or a
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designate.
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(d) The Secretary of Juvenile Justice or a designate.
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(e) The Commissioner of Education or a designate.
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(f) The president of the Florida Network of Victim/Witness
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Services, Inc., or a designate.
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(g) The director of the Office of Drug Control within the
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Executive Office of the Governor, or a designate.
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(h) The Chief Financial Officer, or a designate.
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(i) Six members appointed by the Governor, consisting of
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two sheriffs, two chiefs of police, one medical examiner, and one
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state attorney or their designates.
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The Governor, when making appointments under this subsection,
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must take into consideration representation by geography,
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population, ethnicity, and other relevant factors to ensure that
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the membership of the council is representative of the state at
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large. Designates appearing on behalf of a council member who is
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unable to attend a meeting of the council are empowered to vote
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on issues before the council to the same extent the designating
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council member is so empowered.
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(3)(2) TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
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STAFF.--
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(a) Members appointed by the Governor shall be appointed
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for terms of 2 years. The other members are standing members of
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the council. In no event shall a member serve beyond the time he
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or she ceases to hold the office or employment which was the
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basis for appointment to the council. In the event of a vacancy,
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an appointment to fill the vacancy shall be only for the
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unexpired term.
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(b) The Legislature finds that the council serves a
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legitimate state, county, and municipal purpose and that service
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on the council is consistent with a member's principal service in
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a public office or employment. Membership on the council does not
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disqualify a member from holding any other public office or being
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employed by a public entity, except that no member of the
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Legislature shall serve on the council.
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(c) The members of the council shall elect a chair and a
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vice chair every 2 years, to serve for a 2-year term. As deemed
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appropriate, other officers may be elected by the members.
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(d) Members of the council or their designates shall serve
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without compensation but are entitled to reimbursement for per
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diem and travel expenses pursuant to s. 112.061. Reimbursements
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made pursuant to this paragraph may be paid from either the
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Violent Crime Investigative Emergency and Drug Control Strategy
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Implementation Account within the Department of Law Enforcement
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Operating Trust Fund or from other appropriations provided to the
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department by the Legislature in the General Appropriations Act.
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(e) The department shall provide the council with staff
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necessary to assist the council in the performance of its duties.
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(4)(3) MEETINGS.--The council must meet at least
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semiannually. Additional meetings may be held when it is
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determined by the chair that extraordinary circumstances require
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an additional meeting of the council. A majority of the members
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of the council constitutes a quorum.
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(5)(4) DUTIES OF COUNCIL.--The council shall provide advice
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and make recommendations, as necessary, to the executive director
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of the department.
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(a) The council may advise the executive director on the
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feasibility of undertaking initiatives which include, but are not
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limited to, the following:
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1. Establishing a program which provides grants to criminal
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justice agencies that develop and implement effective violent
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crime prevention and investigative programs and which provides
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grants to law enforcement agencies for the purpose of drug
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control, criminal gang, and illicit money laundering
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investigative efforts or task force efforts that are determined
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by the council to significantly contribute to achieving the
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state's goal of reducing drug-related crime as articulated by the
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Office of Drug Control, that represent significant criminal gang
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investigative efforts, that represent a significant illicit money
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laundering investigative effort, or that otherwise significantly
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support statewide strategies developed by the Statewide Drug
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Policy Advisory Council established under s. 397.333, subject to
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the limitations provided in this section. The grant program may
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include an innovations grant program to provide startup funding
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for new initiatives by local and state law enforcement agencies
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to combat violent crime or to implement drug control, criminal
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gang, or illicit money laundering investigative efforts or task
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force efforts by law enforcement agencies, including, but not
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limited to, initiatives such as:
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a. Providing enhanced community-oriented policing.
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b. Providing additional undercover officers and other
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investigative officers to assist with violent crime
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investigations in emergency situations.
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c. Providing funding for multiagency or statewide drug
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control, criminal gang, or illicit money laundering investigative
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efforts or task force efforts that cannot be reasonably funded
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completely by alternative sources and that significantly
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contribute to achieving the state's goal of reducing drug-related
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crime as articulated by the Office of Drug Control, that
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represent significant criminal gang investigative efforts, that
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represent a significant illicit money laundering investigative
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effort, or that otherwise significantly support statewide
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strategies developed by the Statewide Drug Policy Advisory
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Council established under s. 397.333.
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2. Expanding the use of automated fingerprint
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identification systems at the state and local level.
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3. Identifying methods to prevent violent crime.
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4. Identifying methods to enhance multiagency or statewide
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drug control, criminal gang, or illicit money laundering
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investigative efforts or task force efforts that significantly
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contribute to achieving the state's goal of reducing drug-related
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crime as articulated by the Office of Drug Control, that
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represent significant criminal gang investigative efforts, that
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represent a significant illicit money laundering investigative
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effort, or that otherwise significantly support statewide
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strategies developed by the Statewide Drug Policy Advisory
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Council established under s. 397.333.
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5. Enhancing criminal justice training programs which
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address violent crime, drug control, or illicit money laundering
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investigative techniques, or efforts to control and eliminate
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criminal gangs.
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6. Developing and promoting crime prevention services and
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educational programs that serve the public, including, but not
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limited to:
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a. Enhanced victim and witness counseling services that
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also provide crisis intervention, information referral,
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transportation, and emergency financial assistance.
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b. A well-publicized rewards program for the apprehension
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and conviction of criminals who perpetrate violent crimes.
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7. Enhancing information sharing and assistance in the
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criminal justice community by expanding the use of community
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partnerships and community policing programs. Such expansion may
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include the use of civilian employees or volunteers to relieve
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law enforcement officers of clerical work in order to enable the
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officers to concentrate on street visibility within the
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community.
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(b) The full council shall:
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1. Receive periodic reports from regional violent crime
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investigation and statewide drug control strategy implementation
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coordinating teams which relate to violent crime trends or the
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investigative needs or successes in the regions, including
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discussions regarding the activity of significant criminal gangs
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in the region, factors, and trends relevant to the implementation
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of the statewide drug strategy, and the results of drug control
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and illicit money laundering investigative efforts funded in part
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by the council.
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2. Maintain and use utilize criteria for the disbursement
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of funds from the Violent Crime Investigative Emergency and Drug
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Control Strategy Implementation Account or any other account from
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which the council may disburse proactive investigative funds as
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may be established within the Department of Law Enforcement
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Operating Trust Fund or other appropriations provided to the
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Department of Law Enforcement by the Legislature in the General
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Appropriations Act. The criteria shall allow for the advancement
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of funds to reimburse agencies regarding violent crime
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investigations as approved by the full council and the
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advancement of funds to implement proactive drug control
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strategies or significant criminal gang investigative efforts as
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authorized by the Drug Control Strategy and Criminal Gang
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Committee or the Victim and Witness Protection Review Committee.
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Regarding violent crime investigation reimbursement, an expedited
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approval procedure shall be established for rapid disbursement of
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funds in violent crime emergency situations.
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(c) As used in this section, "significant criminal gang
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investigative efforts" eligible for proactive funding must
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involve at a minimum an effort against a known criminal gang
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that:
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1. Involves multiple law enforcement agencies.
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2. Reflects a dedicated significant investigative effort on
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the part of each participating agency in personnel, time devoted
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to the investigation, and agency resources dedicated to the
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effort.
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3. Reflects a dedicated commitment by a prosecuting
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authority to ensure that cases developed by the investigation
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will be timely and effectively prosecuted.
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4. Demonstrates a strategy and commitment to dismantling
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the criminal gang via seizures of assets, significant money
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laundering and organized crime investigations and prosecutions,
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or similar efforts.
499
500
The council may require satisfaction of additional elements, to
501
include reporting criminal investigative and criminal
502
intelligence information related to criminal gang activity and
503
members in a manner required by the department, as a prerequisite
504
for receiving proactive criminal gang funding.
505
(6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.--
506
(a) The Drug Control Strategy and Criminal Gang Committee
507
is created within the Florida Violent Crime and Drug Control
508
Council, consisting of the following council members:
509
1. The Attorney General or a designate.
510
2. The designate of the executive director of the
511
Department of Law Enforcement.
512
3. The secretary of the Department of Corrections or a
513
designate.
514
4. The director of the Office of Drug Control within the
515
Executive Office of the Governor or a designate.
516
5. The state attorney, the two sheriffs, and the two chiefs
517
of police, or their designates.
518
(b) The committee shall
519
3. review and approve all requests for disbursement of
520
funds from the Violent Crime Investigative Emergency and Drug
521
Control Strategy Implementation Account within the Department of
522
Law Enforcement Operating Trust Fund and from other
523
appropriations provided to the department by the Legislature in
524
the General Appropriations Act. An expedited approval procedure
525
shall be established for rapid disbursement of funds in violent
526
crime emergency situations.
527
(c) Those receiving any proactive funding provided by the
528
council through the committee shall be required to report the
529
results of the investigations to the council once the
530
investigation has been completed. The committee shall also
531
require ongoing status reports on ongoing investigations using
532
such findings in its closed sessions.
533
(7)(5) REPORTS.--The council shall report annually on its
534
activities, on or before December 30 of each calendar year, to
535
the executive director, the President of the Senate, the Speaker
536
of the House of Representatives, and the chairs of the Senate and
537
House committees having principal jurisdiction over criminal law.
538
Comments and responses of the executive director to the report
539
are to be included.
540
(8)(6) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--
541
(a) The Victim and Witness Protection Review Committee is
542
created within the Florida Violent Crime and Drug Control
543
Council, consisting of the statewide prosecutor or a state
544
attorney, a sheriff, a chief of police, and the designee of the
545
executive director of the Department of Law Enforcement. The
546
committee shall be appointed from the membership of the council
547
by the chair of the council after the chair has consulted with
548
the executive director of the Department of Law Enforcement.
549
Committee members shall meet in conjunction with the meetings of
550
the council.
551
(b) The committee shall:
552
1. Maintain and use utilize criteria for disbursing funds
553
to reimburse law enforcement agencies for costs associated with
554
providing victim and witness protective or temporary relocation
555
services.
556
2. Review and approve or deny, in whole or in part, all
557
reimbursement requests submitted by law enforcement agencies.
558
(c) The lead law enforcement agency providing victim or
559
witness protective or temporary relocation services pursuant to
560
the provisions of s. 914.25 may submit a request for
561
reimbursement to the Victim and Witness Protection Review
562
Committee in a format approved by the committee. The lead law
563
enforcement agency shall submit such reimbursement request on
564
behalf of all law enforcement agencies that cooperated in
565
providing protective or temporary relocation services related to
566
a particular criminal investigation or prosecution. As part of
567
the reimbursement request, the lead law enforcement agency must
568
indicate how any reimbursement proceeds will be distributed among
569
the agencies that provided protective or temporary relocation
570
services.
571
(d) The committee, in its discretion, may use funds
572
available to the committee to provide all or partial
573
reimbursement to the lead law enforcement agency for such costs,
574
or may decline to provide any reimbursement.
575
(e) The committee may conduct its meeting by teleconference
576
or conference phone calls when the chair of the committee finds
577
that the need for reimbursement is such that delaying until the
578
next scheduled council meeting will adversely affect the
579
requesting agency's ability to provide the protection services.
580
(9)(7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
581
MEETINGS AND RECORDS.--
582
(a) The Legislature finds that during limited portions of
583
the meetings of the Florida Violent Crime and Drug Control
584
Council it is necessary that the council be presented with and
585
discuss details, information, and documents related to active
586
criminal investigations or matters constituting active criminal
587
intelligence, as those concepts are defined by s. 119.011. These
588
presentations and discussions are necessary for the council to
589
make its funding decisions as required by the Legislature. The
590
Legislature finds that to reveal the contents of documents
591
containing active criminal investigative or intelligence
592
information or to allow active criminal investigative or active
593
criminal intelligence matters to be discussed in a meeting open
594
to the public negatively impacts the ability of law enforcement
595
agencies to efficiently continue their investigative or
596
intelligence gathering activities. The Legislature finds that
597
information coming before the council that pertains to active
598
criminal investigations or intelligence should remain
599
confidential and exempt from public disclosure. The Legislature
600
finds that the Florida Violent Crime and Drug Control Council
601
may, by declaring only those portions of council meetings in
602
which active criminal investigative or active criminal
603
intelligence information is to be presented or discussed closed
604
to the public, assure an appropriate balance between the policy
605
of this state that meetings be public and the policy of this
606
state to facilitate efficient law enforcement efforts.
607
(b) The Florida Violent Crime and Drug Control Council
608
shall be considered a "criminal justice agency" within the
609
definition of s. 119.011(4).
610
(c)1. The Florida Violent Crime and Drug Control Council
611
may close portions of meetings during which the council will hear
612
or discuss active criminal investigative information or active
613
criminal intelligence information, and such portions of meetings
614
shall be exempt from the provisions of s. 286.011 and s. 24(b),
615
Art. I of the State Constitution, provided that the following
616
conditions are met:
617
a. The chair of the council shall advise the council at a
618
public meeting that, in connection with the performance of a
619
council duty, it is necessary that the council hear or discuss
620
active criminal investigative information or active criminal
621
intelligence information.
622
b. The chair's declaration of necessity for closure and the
623
specific reasons for such necessity shall be stated in writing in
624
a document that shall be a public record and shall be filed with
625
the official records of the council.
626
c. The entire closed session shall be recorded. The
627
recording shall include the times of commencement and termination
628
of the closed session, all discussion and proceedings, and the
629
names of all persons present. No portion of the session shall be
630
off the record. Such recording shall be maintained by the
631
council.
632
2. Only members of the council, Department of Law
633
Enforcement staff supporting the council's function, and other
634
persons whose presence has been authorized by the chair of the
635
council shall be allowed to attend the exempted portions of the
636
council meetings. The council shall assure that any closure of
637
its meetings as authorized by this section is limited so that the
638
general policy of this state in favor of public meetings is
639
maintained.
640
(d) A tape recording of, and any minutes and notes
641
generated during, that portion of a Florida Violent Crime and
642
Drug Control Council meeting which is closed to the public
643
pursuant to this section are confidential and exempt from s.
644
119.07(1) and s. 24(a), Art. I of the State Constitution until
645
such time as the criminal investigative information or criminal
646
intelligence information ceases to be active.
647
Section 21. Section 948.033, Florida Statutes, is created
648
to read:
649
948.033 Condition of probation or community control;
650
criminal gang.--Effective for a probationer or community
651
controllee whose crime was committed on or after October 1, 2008,
652
and who has been found to have committed the crime for the
653
purpose of benefiting, promoting, or furthering the interests of
654
a criminal gang, the court shall, in addition to any other
655
conditions imposed, impose a condition prohibiting the
656
probationer or community controllee from knowingly associating
657
with other criminal gang members or associates, except as
658
authorized by law enforcement officials, prosecutorial
659
authorities, or the court, for the purpose of aiding in the
660
investigation of criminal activity.
661
Section 22. Section 947.18, Florida Statutes, is amended to
662
read:
663
947.18 Conditions of parole.--No person shall be placed on
664
parole merely as a reward for good conduct or efficient
665
performance of duties assigned in prison. No person shall be
666
placed on parole until and unless the commission finds that there
667
is reasonable probability that, if the person is placed on
668
parole, he or she will live and conduct himself or herself as a
669
respectable and law-abiding person and that the person's release
670
will be compatible with his or her own welfare and the welfare of
671
society. No person shall be placed on parole unless and until the
672
commission is satisfied that he or she will be suitably employed
673
in self-sustaining employment or that he or she will not become a
674
public charge. The commission shall determine the terms upon
675
which such person shall be granted parole. If the person's
676
conviction was for a controlled substance violation, one of the
677
conditions must be that the person submit to random substance
678
abuse testing intermittently throughout the term of supervision,
679
upon the direction of the correctional probation officer as
680
defined in s. 943.10(3). In addition to any other lawful
681
condition of parole, the commission may make the payment of the
682
debt due and owing to the state under s. 960.17 or the payment of
683
the attorney's fees and costs due and owing to the state under s.
684
938.29 a condition of parole subject to modification based on
685
change of circumstances. If the person's conviction was for a
686
crime that was found to have been committed for the purpose of
687
benefiting, promoting, or furthering the interests of a criminal
688
gang, one of the conditions must be that the person be prohibited
689
from knowingly associating with other criminal gang members or
690
associates, except as authorized by law enforcement officials,
691
prosecutorial authorities, or the court, for the purpose of
692
aiding in the investigation of criminal activity.
693
Section 23. Subsection (11) is added to section 947.1405,
694
Florida Statutes, to read:
695
947.1405 Conditional release program.--
696
(11) Effective for a releasee whose crime was committed on
697
or after October 1, 2008, and who has been found to have
698
committed the crime for the purpose of benefiting, promoting, or
699
furthering the interests of a criminal gang, the commission
700
shall, in addition to any other conditions imposed, impose a
701
condition prohibiting the releasee from knowingly associating
702
with other criminal gang members or associates, except as
703
authorized by law enforcement officials, prosecutorial
704
authorities, or the court, for the purpose of aiding in the
705
investigation of criminal activity.
706
Section 24. Subsection (2) of section 893.138, Florida
707
Statutes, is amended to read:
708
893.138 Local administrative action to abate drug-related,
709
prostitution-related, or stolen-property-related public nuisances
710
and criminal street gang activity.--
711
(2) Any place or premises that has been used:
712
(a) On more than two occasions within a 6-month period, as
713
the site of a violation of s. 796.07;
714
(b) On more than two occasions within a 6-month period, as
715
the site of the unlawful sale, delivery, manufacture, or
716
cultivation of any controlled substance;
717
(c) On one occasion as the site of the unlawful possession
718
of a controlled substance, where such possession constitutes a
719
felony and that has been previously used on more than one
720
occasion as the site of the unlawful sale, delivery, manufacture,
721
or cultivation of any controlled substance;
722
(d) By a criminal street gang for the purpose of conducting
723
a pattern of criminal street gang activity as defined by s.
724
874.03; or
725
(e) On more than two occasions within a 6-month period, as
726
the site of a violation of s. 812.019 relating to dealing in
727
stolen property
728
729
may be declared to be a public nuisance, and such nuisance may be
730
abated pursuant to the procedures provided in this section.
731
Section 25. Paragraphs (d), (e), and (g) of subsection (3)
732
of section 921.0022, Florida Statutes, are amended to read:
733
921.0022 Criminal Punishment Code; offense severity ranking
734
chart.--
735
(3) OFFENSE SEVERITY RANKING CHART
736
(d) LEVEL 4
737
| FloridaStatute | FelonyDegree | Description |
738
| 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
739
| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
740
| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
741
| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
742
| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
743
| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
744
| 784.075 | 3rd | Battery on detention or commitment facility staff. |
745
| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
746
| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
747
| 784.081(3) | 3rd | Battery on specified official or employee. |
748
| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
749
| 784.083(3) | 3rd | Battery on code inspector. |
750
| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
751
| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
752
| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
753
| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
754
| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
755
| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
756
| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
757
| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
758
| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
759
| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
760
| 810.06 | 3rd | Burglary; possession of tools. |
761
| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
762
| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
763
| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
764
| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
765
| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
766
| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
767
| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
768
| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
769
| 837.02(1) | 3rd | Perjury in official proceedings. |
770
| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
771
| 838.022 | 3rd | Official misconduct. |
772
| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
773
| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
774
| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
775
| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
776
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
777
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
778
| 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
779
| 914.14(2) | 3rd | Witnesses accepting bribes. |
780
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
781
| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
782
| 918.12 | 3rd | Tampering with jurors. |
783
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
784
785
(e) LEVEL 5
786
| FloridaStatute | FelonyDegree | Description |
787
| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
788
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
789
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
790
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
791
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
792
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
793
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
794
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
795
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
796
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
797
| 790.01(2) | 3rd | Carrying a concealed firearm. |
798
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
799
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
800
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
801
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
802
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
803
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
804
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
805
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
806
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
807
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
808
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
809
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
810
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
811
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
812
| 817.2341(1),(2)(a)&(3)(a) | 3rd | Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. |
813
| 817.568(2)(b) | 2nd | Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals. |
814
| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
815
| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
816
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
817
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
818
| 839.13(2)(b) | 2nd | Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. |
819
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
820
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
821
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
822
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
823
| 893.13(1)(a)1. | 2nd | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
824
| 893.13(1)(c)2. | 2nd | Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
825
| 893.13(1)(d)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. |
826
| 893.13(1)(e)2. | 2nd | Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. |
827
| 893.13(1)(f)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. |
828
| 893.13(4)(b) | 2nd | Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
829
830
(g) LEVEL 7
831
| FloridaStatute | FelonyDegree | Description |
832
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
833
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
834
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
835
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
836
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
837
| 409.920(2) | 3rd | Medicaid provider fraud. |
838
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
839
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
840
| 458.327(1) | 3rd | Practicing medicine without a license. |
841
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
842
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
843
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
844
| 462.17 | 3rd | Practicing naturopathy without a license. |
845
| 463.015(1) | 3rd | Practicing optometry without a license. |
846
| 464.016(1) | 3rd | Practicing nursing without a license. |
847
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
848
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
849
| 467.201 | 3rd | Practicing midwifery without a license. |
850
| 468.366 | 3rd | Delivering respiratory care services without a license. |
851
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
852
| 483.901(9) | 3rd | Practicing medical physics without a license. |
853
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
854
| 484.053 | 3rd | Dispensing hearing aids without a license. |
855
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
856
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
857
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
858
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
859
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
860
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
861
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
862
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
863
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
864
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
865
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
866
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
867
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
868
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
869
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
870
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
871
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
872
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
873
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
874
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
875
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
876
| 784.083(1) | 1st | Aggravated battery on code inspector. |
877
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
878
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
879
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
880
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
881
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
882
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
883
| 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
884
| 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
885
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
886
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
887
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
888
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
889
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
890
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
891
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
892
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
893
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
894
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
895
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
896
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
897
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
898
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
899
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
900
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
901
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
902
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
903
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
904
| 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
905
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
906
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
907
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
908
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
909
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
910
| 838.015 | 2nd | Bribery. |
911
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
912
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
913
| 838.22 | 2nd | Bid tampering. |
914
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
915
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
916
| 872.06 | 2nd | Abuse of a dead human body. |
917
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
918
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
919
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
920
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
921
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
922
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
923
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
924
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
925
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
926
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
927
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
928
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
929
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
930
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
931
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
932
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
933
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
934
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
935
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
936
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
937
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
938
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
939
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
940
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
941
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
942
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
943
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
944
945
946
================ T I T L E A M E N D M E N T ================
947
And the title is amended as follows:
948
949
Delete lines 40 through 71
950
and insert:
951
for specified purposes; providing penalties; amending s.
952
895.02, F.S.; adding certain offenses to the definition of
953
"racketeering activity"; conforming terminology to changes
954
made by this act; amending s. 903.046, F.S.; adding to the
955
list of items a court may consider when determining
956
whether to release a defendant on bail; amending s.
957
914.22, F.S.; revising the penalties for tampering with or
958
harassing witnesses; amending s. 943.031, F.S.; revising
959
provisions relating to the Florida Violent Crime and Drug
960
Control Council; providing duties concerning criminal
961
gangs; creating the Drug Control Strategy and Criminal
962
Gangs Committee; providing for duties of the committee
963
concerning funding of certain programs; providing for
964
reports; creating s. 948.033, F.S.;
4/7/2008 8:44:00 AM 3-06669-08
CODING: Words stricken are deletions; words underlined are additions.