1

A bill to be entitled

2

An act relating to criminal activity; creating s. 790.231,

3

F.S.; prohibiting possession of bulletproof vests by

4

certain individuals; providing penalties; amending s.

5

823.05, F.S.; revising provisions relating to the

6

enjoining of public nuisances to include certain places

7

frequented by members of criminal gangs; amending s.

8

874.01, F.S.; revising a short title; amending s. 874.02,

9

F.S.; revising legislative findings and intent; amending

10

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

11

redefining "criminal street gangs" as "criminal gangs";

12

amending s. 874.04, F.S.; conforming provisions; revising

13

an evidentiary standard; creating s. 874.045, F.S.;

14

providing that chapter 874, F.S., does not preclude arrest

15

and prosecution under other specified provisions; amending

16

s. 874.05, F.S.; revising provisions relating to

17

soliciting or causing another to join a criminal gang;

18

amending s. 874.06, F.S.; authorizing the state to bring

19

civil actions for certain violations; providing that a

20

plaintiff has a superior claim to property or proceeds;

21

providing penalties for knowing violation of certain

22

orders; amending s. 874.08, F.S.; conforming provisions

23

relating to forfeiture; amending s. 874.09, F.S.;

24

providing additional powers for the Department of Law

25

Enforcement and local law enforcement agencies relating to

26

crime data information; creating s. 874.10, F.S.;

27

prohibiting use of electronic communications to further

28

the interests of a criminal gang; providing penalties;

29

creating s. 874.11, F.S.; defining the term

30

"identification document"; prohibiting possession of

31

identification documents for specified purposes; providing

32

penalties; creating s. 874.13, F.S.; providing for the

33

suspension of driver's licenses for certain offenses;

34

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

35

the Florida Violent Crime and Drug Control Council;

36

providing duties concerning criminal gangs; creating the

37

Drug Control Strategy and Criminal Gangs Committee;

38

providing for duties of the committee concerning funding

39

of certain programs; providing for reports; creating s.

40

948.033, F.S., prohibiting certain offenders from

41

communicating with criminal gang members; providing

42

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

43

parolees from communicating with criminal gang members;

44

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

45

prohibiting certain conditional releasees from

46

communicating with criminal gang members; providing

47

exceptions; amending ss. 893.138, 895.02, 921.0022,

48

921.0024, 921.141, 984.03, 985.03, 985.047, and 985.433,

49

F.S.; conforming cross-references and terminology to

50

changes made by this act; providing a directive to the

51

Division of Statutory Revision; providing an effective

52

date.

53

54

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

55

56

     Section 1.  Section 790.231, Florida Statutes, is created to

57

read:

58

     790.231 Felons and delinquents; possession of bulletproof

59

vests.--

60

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

61

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

62

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

63

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

64

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

65

and such person is under 24 years of age;

66

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

67

the United States which is designated as a felony;

68

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

69

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

70

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

71

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

72

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

73

is a felony in another state, territory, or country and which was

74

punishable by imprisonment for a term exceeding 1 year.

75

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

76

felony whose civil rights and firearm authority have been

77

restored.

78

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

79

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

80

775.083, or s. 775.084.

81

     Section 2.  Section 823.05, Florida Statutes, is amended to

82

read:

83

     823.05  Places declared a nuisance; may be abated and

84

enjoined.--Whoever shall erect, establish, continue, or maintain,

85

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

86

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

87

become manifestly injurious to the morals or manners of the

88

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

89

persons who are involved in criminal gangs as described in s.

90

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

91

or place of prostitution, assignation, lewdness or place or

92

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

93

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

94

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

95

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

96

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

97

or enjoined as provided in ss. 60.05 and 60.06.

98

     Section 3.  Section 874.01, Florida Statutes, is amended to

99

read:

100

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

101

"Criminal Street Gang Prevention Act of 1996."

102

     Section 4.  Section 874.02, Florida Statutes, is amended to

103

read:

104

     874.02  Legislative findings and intent.--

105

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

106

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

107

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

108

and protected from fear, intimidation, and physical harm caused

109

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

110

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

111

of the constitutionally protected rights of freedom of expression

112

and association. The Legislature recognizes the constitutional

113

right of every citizen to harbor and express beliefs on any

114

lawful subject whatsoever, to lawfully associate with others who

115

share similar beliefs, to petition lawfully constituted authority

116

for a redress of perceived grievances, and to participate in the

117

electoral process.

118

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

119

facing a mounting crisis caused by criminal street gangs whose

120

members threaten and terrorize peaceful citizens and commit a

121

multitude of crimes. These criminal street gang activities, both

122

individually and collectively, present a clear and present

123

danger. Street gangs, terrorist organizations, and hate groups

124

have evolved into increasingly sophisticated and complex

125

organized crime groups in their criminal tactics, their schemes,

126

and their brutality. The state has a compelling interest in

127

preventing criminal street gang activity and halting the real and

128

present danger posed by the proliferation of criminal gangs and

129

the graduation from more primitive forms of criminal gangs to

130

highly sophisticated criminal gangs. For these reasons, and the

131

Legislature finds that the provisions of this chapter act are

132

essential necessary to maintain the public order and safety.

133

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

134

conduct associated with the existence and proliferation of

135

criminal gangs, provide eradicate the terror created by criminal

136

street gangs and their members by providing enhanced criminal

137

penalties, and eliminate and by eliminating the patterns,

138

profits, proceeds, instrumentalities, and property facilitating

139

criminal street gang activity, including criminal street gang

140

recruitment.

141

     Section 5.  Section 874.03, Florida Statutes, is amended to

142

read:

143

     874.03  Definitions.--As used in this chapter:

144

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

145

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

146

its primary activities the commission of criminal or delinquent

147

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

148

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

149

have two or more members who, individually or collectively,

150

engage in or have engaged in a pattern of criminal street gang

151

activity, including, but not limited to, street gangs, terrorist

152

organizations, and hate groups.

153

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

154

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

155

who meets two or more of the following criteria:

156

     (a) Admits to criminal street gang membership.

157

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

158

parent or guardian.

159

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

160

documented reliable informant.

161

     (d) Resides in or frequents a particular criminal street

162

gang's area and adopts their style of dress, their use of hand

163

signs, or their tattoos, and associates with known criminal

164

street gang members.

165

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

166

informant of previously untested reliability and such

167

identification is corroborated by independent information.

168

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

169

identified criminal street gang members for offenses that which

170

are consistent with usual criminal street gang activity.

171

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

172

physical evidence such as photographs or other documentation.

173

     (h)  Has been stopped in the company of known criminal

174

street gang members four or more times.

175

     (i) Has authored any communication indicating

176

responsibility for the commission of any crime by the criminal

177

gang.

178

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

179

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

180

video, telephone communications, text messages, facsimile,

181

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

182

message real-time communications with other individuals through

183

the Internet or other means.

184

     (4)  For purposes of law enforcement identification and

185

tracking only,:

186

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

187

     (a)1. Admits to criminal street gang association; or

188

     (b)2. Meets any single defining criterion for criminal

189

street gang membership described in subsection (2).

190

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

191

investigation, meets any of the following conditions:

192

     1. The participants are identified as criminal street gang

193

members or criminal street gang associates, acting, individually

194

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

195

     2. A reliable informant identifies an incident as criminal

196

street gang activity; or

197

     3. an informant of previously untested reliability

198

identifies an incident as criminal street gang activity and it is

199

corroborated by independent information.

200

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

201

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

202

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

203

because of race, religion, disability, sexual orientation,

204

ethnicity, or national origin.

205

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

206

commission or attempted commission of, or solicitation or

207

conspiracy to commit, as a criminal gang member, two or more

208

felony or three or more misdemeanor offenses, or one felony and

209

two misdemeanor offenses, or the comparable number of delinquent

210

acts or violations of law which would be felonies or misdemeanors

211

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

212

period, excluding any period of incarceration.

213

     (7) "Street gang" is a formal or informal ongoing

214

organization, entity, association, or group consisting of three

215

or more persons with a common name or common identifying signs,

216

colors, or symbols and two or more members who, individually or

217

collectively, have as one of their primary activities the

218

commission of criminal or delinquent acts and engage in or have

219

engaged in a pattern of criminal activity.

220

     (8) "Terrorist organization" means any organized group

221

engaged in or organized for the purpose of engaging in terrorism

222

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

223

to prevent prosecution of individuals acting alone under this

224

chapter.

225

     Section 6.  Section 874.04, Florida Statutes, is amended to

226

read:

227

     874.04 Criminal street gang activity; enhanced penalties.--

228

Upon a finding by the court at sentencing that the defendant

229

committed the charged offense for the purpose of benefiting,

230

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

231

the penalty for any felony or misdemeanor, or any delinquent act

232

or violation of law which would be a felony or misdemeanor if

233

committed by an adult, may be enhanced. Penalty enhancement

234

affects the applicable statutory maximum penalty only. Each of

235

the findings required as a basis for such sentence shall be found

236

beyond a reasonable doubt by a preponderance of the evidence. The

237

enhancement will be as follows:

238

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

239

as if it were a misdemeanor of the first degree.

240

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

241

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

242

under chapter 921 and determining incentive gain-time eligibility

243

under chapter 944, such offense is ranked in level 1 of the

244

offense severity ranking chart. The criminal street gang

245

multiplier in s. 921.0024 does not apply to misdemeanors enhanced

246

under this paragraph.

247

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

248

it were a felony of the second degree.

249

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

250

were a felony of the first degree.

251

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

252

were a life felony.

253

254

For purposes of sentencing under chapter 921 and determining

255

incentive gain-time eligibility under chapter 944, such felony

256

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

257

without regard to the penalty enhancement in this subsection. For

258

purposes of this section, penalty enhancement affects the

259

applicable statutory maximum penalty only.

260

     Section 7.  Section 874.045, Florida Statutes, is created to

261

read:

262

     874.045 Arrest and prosecution under other provisions.--

263

Nothing in this chapter shall prohibit the arrest and prosecution

264

of a criminal gang member under chapter 876, chapter 895, chapter

265

896, s. 893.20, or any other applicable provision of law except

266

to the extent otherwise prohibited pursuant to a statutory or

267

constitutional provision.

268

     Section 8.  Section 874.05, Florida Statutes, is amended to

269

read:

270

     874.05  Causing, encouraging, soliciting, or recruiting

271

criminal street gang membership.--

272

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

273

intentionally causes, encourages, solicits, or recruits another

274

person to become a criminal gang member where join a criminal

275

street gang that requires as a condition of membership or

276

continued membership is the commission of any crime commits a

277

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

278

s. 775.083, or s. 775.084.

279

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

280

violation offense, the person commits a felony of the second

281

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

282

775.084.

283

     Section 9.  Section 874.06, Florida Statutes, is amended to

284

read:

285

     874.06  Civil cause of action.--

286

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

287

convincing evidence, coercion, intimidation, threats, or other

288

harm to that person or organization in violation of this chapter

289

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

290

any other appropriate relief in law or equity. Upon prevailing,

291

the plaintiff may recover reasonable attorney's fees in the trial

292

and appellate courts and the costs of investigation and

293

litigation that reasonably incurred and costs.

294

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

295

includes any of the state's agencies, instrumentalities,

296

subdivisions, or municipalities.

297

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

298

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

299

person or organization if it proves by clear and convincing

300

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

301

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

302

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

303

other relief in law or equity which the court deems appropriate.

304

If the state prevails, it may also recover attorney's fees in the

305

trial and appellate courts and the costs of investigation and

306

litigation that are reasonably incurred. The state may not

307

recover punitive damages. The defendant is entitled to recover

308

reasonable attorney's fees and court costs if the court finds

309

that the state raised a claim that was without factual or legal

310

support.

311

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

312

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

313

has in the same property or proceeds.

314

     (4) A person who knowingly violates a temporary or

315

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

316

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

317

775.082 or s. 775.083.

318

     Section 10.  Section 874.08, Florida Statutes, is amended to

319

read:

320

     874.08 Criminal gang activity and Profits, proceeds, and

321

instrumentalities of criminal street gangs or criminal street

322

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

323

instrumentalities of criminal street gang activity and all

324

property used or intended or attempted to be used to facilitate

325

the criminal activity of any criminal street gang or of any

326

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

327

instrumentalities of criminal street gang recruitment and all

328

property used or intended or attempted to be used to facilitate

329

criminal street gang recruitment are subject to seizure and

330

forfeiture under the Florida Contraband Forfeiture Act, s.

331

932.704.

332

     Section 11.  Section 874.09, Florida Statutes, is amended to

333

read:

334

     874.09  Crime data information.--

335

     (1) The Department of Law Enforcement may:

336

     (a) Develop and manage a statewide criminal street gang

337

database to facilitate the exchange of information pursuant to

338

the intent and purpose of this chapter.

339

     (b) Notify all law enforcement agencies that reports of

340

arrested criminal gang members or associates shall be entered

341

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

342

by the department is available to the reporting agency and no

343

waiting period for the entry of that data exists.

344

     (c) Compile and retain information regarding criminal gangs

345

and their members and associates in a manner that allows the

346

information to be used by law enforcement and other agencies

347

deemed appropriate for investigative purposes.

348

     (d) Compile and maintain a history data repository relating

349

to criminal gangs and their members and associates in order to

350

develop and improve techniques used by law enforcement agencies

351

and prosecutors in the investigation, apprehension, and

352

prosecution of members and affiliates of criminal gangs.

353

     (2) Local law enforcement agencies may:

354

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

355

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

356

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

357

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

358

suspected criminal gang membership or associate status.

359

     Section 12.  Section 874.10, Florida Statutes, is created to

360

read:

361

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

362

purpose of benefiting, promoting, or furthering the interests of

363

a criminal gang, uses electronic communication to intimidate or

364

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

365

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

366

distributing, selling, transmitting, or posting on the Internet

367

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

368

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

369

s. 775.083, or s. 775.084.

370

     Section 13.  Section 874.11, Florida Statutes, is created to

371

read:

372

     874.11 Identification documents; unlawful possession or

373

creation.--

374

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

375

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

376

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

377

identification card pursuant to s. 322.051, a naturalization

378

certificate, an alien registration number, a passport, and any

379

access credentials for a publicly operated facility or an

380

infrastructure facility covered under 18 U.S.C. s. 2332f.

381

     (2) Any person possessing or manufacturing any blank,

382

forged, stolen, fictitious, fraudulent, counterfeit, or otherwise

383

unlawfully issued identification document for the purpose of

384

benefiting, promoting, or furthering the interests of a criminal

385

gang commits a felony of the second degree, punishable as

386

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

387

     Section 14.  Section 874.13, Florida Statutes, is created to

388

read:

389

     874.13 Suspension of driver's license.--

390

     (1) For purposes of this section:

391

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

392

Motor Vehicles.

393

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

394

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

395

contendere, regardless of whether adjudication is withheld.

396

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

397

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

398

person convicted or adjudicated delinquent of any offense

399

contained in this chapter and of any person whose penalty has

400

been enhanced pursuant to s. 874.04. Upon ordering the suspension

401

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

402

license to the department in accordance with s. 322.25.

403

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

404

section shall be for a period of 6 months.

405

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

406

under this section shall be for 1 year.

407

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

408

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

409

incarceration, direct the department to commence the suspension

410

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

411

incarceration.

412

     Section 15.  Section 943.031, Florida Statutes, is amended

413

to read:

414

     943.031  Florida Violent Crime and Drug Control Council.--

415

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

416

to develop and implement a statewide strategy to address violent

417

criminal activity, including crimes committed by criminal gangs,

418

and drug control efforts by state and local law enforcement

419

agencies, including investigations of illicit money laundering.

420

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

421

Control Council is created within the department. The council

422

shall serve in an advisory capacity to the department.

423

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

424

members, as follows:

425

     (a)  The Attorney General or a designate.

426

     (b)  A designate of the executive director of the Department

427

of Law Enforcement.

428

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

429

designate.

430

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

431

     (e)  The Commissioner of Education or a designate.

432

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

433

Services, Inc., or a designate.

434

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

435

Executive Office of the Governor, or a designate.

436

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

437

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

438

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

439

state attorney or their designates.

440

441

The Governor, when making appointments under this subsection,

442

must take into consideration representation by geography,

443

population, ethnicity, and other relevant factors to ensure that

444

the membership of the council is representative of the state at

445

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

446

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

447

on issues before the council to the same extent the designating

448

council member is so empowered.

449

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

450

STAFF.--

451

     (a)  Members appointed by the Governor shall be appointed

452

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

453

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

454

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

455

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

456

an appointment to fill the vacancy shall be only for the

457

unexpired term.

458

     (b)  The Legislature finds that the council serves a

459

legitimate state, county, and municipal purpose and that service

460

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

461

a public office or employment. Membership on the council does not

462

disqualify a member from holding any other public office or being

463

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

464

Legislature shall serve on the council.

465

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

466

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

467

appropriate, other officers may be elected by the members.

468

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

469

without compensation but are entitled to reimbursement for per

470

diem and travel expenses pursuant to s. 112.061. Reimbursements

471

made pursuant to this paragraph may be paid from either the

472

Violent Crime Investigative Emergency and Drug Control Strategy

473

Implementation Account within the Department of Law Enforcement

474

Operating Trust Fund or from other appropriations provided to the

475

department by the Legislature in the General Appropriations Act.

476

     (e)  The department shall provide the council with staff

477

necessary to assist the council in the performance of its duties.

478

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

479

semiannually. Additional meetings may be held when it is

480

determined by the chair that extraordinary circumstances require

481

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

482

of the council constitutes a quorum.

483

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

484

and make recommendations, as necessary, to the executive director

485

of the department.

486

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

487

feasibility of undertaking initiatives which include, but are not

488

limited to, the following:

489

     1.  Establishing a program which provides grants to criminal

490

justice agencies that develop and implement effective violent

491

crime prevention and investigative programs and which provides

492

grants to law enforcement agencies for the purpose of drug

493

control, criminal gang, and illicit money laundering

494

investigative efforts or task force efforts that are determined

495

by the council to significantly contribute to achieving the

496

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

497

Office of Drug Control, that represent significant criminal gang

498

investigative efforts, that represent a significant illicit money

499

laundering investigative effort, or that otherwise significantly

500

support statewide strategies developed by the Statewide Drug

501

Policy Advisory Council established under s. 397.333, subject to

502

the limitations provided in this section. The grant program may

503

include an innovations grant program to provide startup funding

504

for new initiatives by local and state law enforcement agencies

505

to combat violent crime or to implement drug control, significant

506

criminal gang investigative efforts, or illicit money laundering

507

investigative efforts or task force efforts by law enforcement

508

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

509

     a.  Providing enhanced community-oriented policing.

510

     b.  Providing additional undercover officers and other

511

investigative officers to assist with violent crime

512

investigations in emergency situations.

513

     c.  Providing funding for multiagency or statewide drug

514

control, criminal gang, or illicit money laundering investigative

515

efforts or task force efforts that cannot be reasonably funded

516

completely by alternative sources and that significantly

517

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

518

crime as articulated by the Office of Drug Control, that

519

represent significant criminal gang investigative efforts, that

520

represent a significant illicit money laundering investigative

521

effort, or that otherwise significantly support statewide

522

strategies developed by the Statewide Drug Policy Advisory

523

Council established under s. 397.333.

524

     2.  Expanding the use of automated fingerprint

525

identification systems at the state and local level.

526

     3.  Identifying methods to prevent violent crime.

527

     4.  Identifying methods to enhance multiagency or statewide

528

drug control, criminal gang, or illicit money laundering

529

investigative efforts or task force efforts that significantly

530

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

531

crime as articulated by the Office of Drug Control, that

532

represent significant criminal gang investigative efforts, that

533

represent a significant illicit money laundering investigative

534

effort, or that otherwise significantly support statewide

535

strategies developed by the Statewide Drug Policy Advisory

536

Council established under s. 397.333.

537

     5.  Enhancing criminal justice training programs which

538

address violent crime, efforts to control and eliminate criminal

539

gangs, drug control, or illicit money laundering investigative

540

techniques or efforts.

541

     6.  Developing and promoting crime prevention services and

542

educational programs that serve the public, including, but not

543

limited to:

544

     a.  Enhanced victim and witness counseling services that

545

also provide crisis intervention, information referral,

546

transportation, and emergency financial assistance.

547

     b.  A well-publicized rewards program for the apprehension

548

and conviction of criminals who perpetrate violent crimes.

549

     7.  Enhancing information sharing and assistance in the

550

criminal justice community by expanding the use of community

551

partnerships and community policing programs. Such expansion may

552

include the use of civilian employees or volunteers to relieve

553

law enforcement officers of clerical work in order to enable the

554

officers to concentrate on street visibility within the

555

community.

556

     (b) The full council shall:

557

     1.  Receive periodic reports from regional violent crime

558

investigation and statewide drug control strategy implementation

559

coordinating teams which relate to violent crime trends or the

560

investigative needs or successes in the regions, including

561

discussions regarding the activity of significant criminal gangs

562

in the region, factors, and trends relevant to the implementation

563

of the statewide drug strategy, and the results of drug control

564

and illicit money laundering investigative efforts funded in part

565

by the council.

566

     2. Maintain and use utilize criteria for the disbursement

567

of funds from the Violent Crime Investigative Emergency and Drug

568

Control Strategy Implementation Account or any other account from

569

which the council may disburse proactive investigative funds as

570

may be established within the Department of Law Enforcement

571

Operating Trust Fund or other appropriations provided to the

572

Department of Law Enforcement by the Legislature in the General

573

Appropriations Act. The criteria shall allow for the advancement

574

of funds to reimburse agencies regarding violent crime

575

investigations as approved by the full council and the

576

advancement of funds to implement proactive drug control

577

strategies or significant criminal gang investigative efforts as

578

authorized by the Drug Control Strategy and Criminal Gang

579

Committee or the Victim and Witness Protection Review Committee.

580

Regarding violent crime investigation reimbursement, an expedited

581

approval procedure shall be established for rapid disbursement of

582

funds in violent crime emergency situations.

583

     3. As used in this section, "significant criminal gang

584

investigative efforts" eligible for proactive funding must

585

involve as a minimum an effort against a known criminal gang

586

that:

587

     a. Involves multiple law enforcement agencies.

588

     b. Reflects a dedicated significant investigative effort on

589

the part of each participating agency in personnel, time devoted

590

to the investigation, and agency resources dedicated to the

591

effort.

592

     c. Reflects a dedicated commitment by a prosecuting

593

authority to ensure that cases developed by the investigation

594

will be timely and effectively prosecuted.

595

     d. Demonstrates a strategy and commitment to dismantling

596

the criminal gang via seizures of assets, significant money

597

laundering, and organized crime investigations and prosecutions,

598

or similar efforts.

599

600

The council may require satisfaction of additional elements, to

601

include reporting criminal investigative and criminal

602

intelligence information related to criminal gang activity and

603

members in a manner required by the department, as a prerequisite

604

for receiving proactive criminal gang funding.

605

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

606

     (a) The Drug Control Strategy and Criminal Gang Committee

607

is created within the Florida Violent Crime and Drug Control

608

Council, consisting of the following council members:

609

     1. The Attorney General or a designate.

610

     2. The designate of the executive director of the

611

Department of Law Enforcement.

612

     3. The secretary of the Department of Corrections or a

613

designate.

614

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

615

Executive Office of the Governor.

616

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

617

of police, or their designates.

618

     (b) The committee shall

619

     3. review and approve all requests for disbursement of

620

funds from the Violent Crime Investigative Emergency and Drug

621

Control Strategy Implementation Account within the Department of

622

Law Enforcement Operating Trust Fund and from other

623

appropriations provided to the department by the Legislature in

624

the General Appropriations Act. An expedited approval procedure

625

shall be established for rapid disbursement of funds in violent

626

crime emergency situations.

627

     (c) Those receiving any proactive funding provided by the

628

council through the committee shall be required to report the

629

results of the investigations to the council once the

630

investigation has been completed. The committee shall also

631

require ongoing status reports on ongoing investigations using

632

such findings in its closed sessions.

633

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

634

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

635

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

636

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

637

House committees having principal jurisdiction over criminal law.

638

Comments and responses of the executive director to the report

639

are to be included.

640

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

641

     (a)  The Victim and Witness Protection Review Committee is

642

created within the Florida Violent Crime and Drug Control

643

Council, consisting of the statewide prosecutor or a state

644

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

645

executive director of the Department of Law Enforcement. The

646

committee shall be appointed from the membership of the council

647

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

648

the executive director of the Department of Law Enforcement.

649

Committee members shall meet in conjunction with the meetings of

650

the council.

651

     (b)  The committee shall:

652

     1. Maintain and use utilize criteria for disbursing funds

653

to reimburse law enforcement agencies for costs associated with

654

providing victim and witness protective or temporary relocation

655

services.

656

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

657

reimbursement requests submitted by law enforcement agencies.

658

     (c)  The lead law enforcement agency providing victim or

659

witness protective or temporary relocation services pursuant to

660

the provisions of s. 914.25 may submit a request for

661

reimbursement to the Victim and Witness Protection Review

662

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

663

enforcement agency shall submit such reimbursement request on

664

behalf of all law enforcement agencies that cooperated in

665

providing protective or temporary relocation services related to

666

a particular criminal investigation or prosecution. As part of

667

the reimbursement request, the lead law enforcement agency must

668

indicate how any reimbursement proceeds will be distributed among

669

the agencies that provided protective or temporary relocation

670

services.

671

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

672

available to the committee to provide all or partial

673

reimbursement to the lead law enforcement agency for such costs,

674

or may decline to provide any reimbursement.

675

     (e)  The committee may conduct its meeting by teleconference

676

or conference phone calls when the chair of the committee finds

677

that the need for reimbursement is such that delaying until the

678

next scheduled council meeting will adversely affect the

679

requesting agency's ability to provide the protection services.

680

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

681

MEETINGS AND RECORDS.--

682

     (a)  The Legislature finds that during limited portions of

683

the meetings of the Florida Violent Crime and Drug Control

684

Council it is necessary that the council be presented with and

685

discuss details, information, and documents related to active

686

criminal investigations or matters constituting active criminal

687

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

688

presentations and discussions are necessary for the council to

689

make its funding decisions as required by the Legislature. The

690

Legislature finds that to reveal the contents of documents

691

containing active criminal investigative or intelligence

692

information or to allow active criminal investigative or active

693

criminal intelligence matters to be discussed in a meeting open

694

to the public negatively impacts the ability of law enforcement

695

agencies to efficiently continue their investigative or

696

intelligence gathering activities. The Legislature finds that

697

information coming before the council that pertains to active

698

criminal investigations or intelligence should remain

699

confidential and exempt from public disclosure. The Legislature

700

finds that the Florida Violent Crime and Drug Control Council

701

may, by declaring only those portions of council meetings in

702

which active criminal investigative or active criminal

703

intelligence information is to be presented or discussed closed

704

to the public, assure an appropriate balance between the policy

705

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

706

state to facilitate efficient law enforcement efforts.

707

     (b)  The Florida Violent Crime and Drug Control Council

708

shall be considered a "criminal justice agency" within the

709

definition of s. 119.011(4).

710

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

711

may close portions of meetings during which the council will hear

712

or discuss active criminal investigative information or active

713

criminal intelligence information, and such portions of meetings

714

shall be exempt from the provisions of s. 286.011 and s. 24(b),

715

Art. I of the State Constitution, provided that the following

716

conditions are met:

717

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

718

public meeting that, in connection with the performance of a

719

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

720

active criminal investigative information or active criminal

721

intelligence information.

722

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

723

specific reasons for such necessity shall be stated in writing in

724

a document that shall be a public record and shall be filed with

725

the official records of the council.

726

     c.  The entire closed session shall be recorded. The

727

recording shall include the times of commencement and termination

728

of the closed session, all discussion and proceedings, and the

729

names of all persons present. No portion of the session shall be

730

off the record. Such recording shall be maintained by the

731

council.

732

     2.  Only members of the council, Department of Law

733

Enforcement staff supporting the council's function, and other

734

persons whose presence has been authorized by the chair of the

735

council shall be allowed to attend the exempted portions of the

736

council meetings. The council shall assure that any closure of

737

its meetings as authorized by this section is limited so that the

738

general policy of this state in favor of public meetings is

739

maintained.

740

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

741

generated during, that portion of a Florida Violent Crime and

742

Drug Control Council meeting which is closed to the public

743

pursuant to this section are confidential and exempt from s.

744

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

745

such time as the criminal investigative information or criminal

746

intelligence information ceases to be active.

747

     Section 16.  Section 948.033, Florida Statutes, is created

748

to read:

749

     948.033 Condition of probation or community control;

750

criminal gang.--Effective for a probationer or community

751

controllee whose crime was committed on or after July 1, 2008,

752

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

753

purpose of benefiting, promoting, or furthering the interests of

754

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

755

conditions imposed, impose a condition prohibiting the

756

probationer or community controllee from knowingly associating

757

with other criminal gang members or associates, except as

758

authorized by law enforcement officials, prosecutorial

759

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

760

investigation of criminal gang activity.

761

     Section 17.  Section 947.18, Florida Statutes, is amended to

762

read:

763

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

764

parole merely as a reward for good conduct or efficient

765

performance of duties assigned in prison. No person shall be

766

placed on parole until and unless the commission finds that there

767

is reasonable probability that, if the person is placed on

768

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

769

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

770

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

771

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

772

commission is satisfied that he or she will be suitably employed

773

in self-sustaining employment or that he or she will not become a

774

public charge. The commission shall determine the terms upon

775

which such person shall be granted parole. If the person's

776

conviction was for a controlled substance violation, one of the

777

conditions must be that the person submit to random substance

778

abuse testing intermittently throughout the term of supervision,

779

upon the direction of the correctional probation officer as

780

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

781

condition of parole, the commission may make the payment of the

782

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

783

the attorney's fees and costs due and owing to the state under s.

784

938.29 a condition of parole subject to modification based on

785

change of circumstances. If the person's conviction was for a

786

crime that was found to have been committed for the purpose of

787

benefiting, promoting, or furthering the interests of a criminal

788

gang, one of the conditions must be that the person be prohibited

789

from knowingly associating with other criminal gang members or

790

associates, except as authorized by law enforcement officials,

791

prosecutorial authorities, or the court, for the purpose of

792

aiding in the investigation of criminal gang.

793

     Section 18.  Subsection (11) is added to section 947.1405,

794

Florida Statutes, to read:

795

     947.1405  Conditional release program.--

796

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

797

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

798

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

799

the interests of a criminal gang, the commission shall, in

800

addition to any other conditions imposed, impose a condition

801

prohibiting the releasee from knowingly associating with other

802

criminal gang members or associates, except as authorized by law

803

enforcement officials, prosecutorial authorities, or the court,

804

for the purpose of aiding in the investigation of criminal gang

805

activity.

806

     Section 19.  Section 893.138, Florida Statutes, is amended

807

to read:

808

     893.138  Local administrative action to abate drug-related,

809

prostitution-related, or stolen-property-related public nuisances

810

and criminal street gang activity.--

811

     (1)  It is the intent of this section to promote, protect,

812

and improve the health, safety, and welfare of the citizens of

813

the counties and municipalities of this state by authorizing the

814

creation of administrative boards with authority to impose

815

administrative fines and other noncriminal penalties in order to

816

provide an equitable, expeditious, effective, and inexpensive

817

method of enforcing ordinances in counties and municipalities

818

under circumstances when a pending or repeated violation

819

continues to exist.

820

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

821

     (a)  On more than two occasions within a 6-month period, as

822

the site of a violation of s. 796.07;

823

     (b)  On more than two occasions within a 6-month period, as

824

the site of the unlawful sale, delivery, manufacture, or

825

cultivation of any controlled substance;

826

     (c)  On one occasion as the site of the unlawful possession

827

of a controlled substance, where such possession constitutes a

828

felony and that has been previously used on more than one

829

occasion as the site of the unlawful sale, delivery, manufacture,

830

or cultivation of any controlled substance;

831

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

832

a pattern of criminal street gang activity as defined by s.

833

874.03; or

834

     (e)  On more than two occasions within a 6-month period, as

835

the site of a violation of s. 812.019 relating to dealing in

836

stolen property

837

838

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

839

abated pursuant to the procedures provided in this section.

840

     (3)  Any county or municipality may, by ordinance, create an

841

administrative board to hear complaints regarding the nuisances

842

described in subsection (2). Any employee, officer, or resident

843

of the county or municipality may bring a complaint before the

844

board after giving not less than 3 days' written notice of such

845

complaint to the owner of the place or premises at his or her

846

last known address.  After a hearing in which the board may

847

consider any evidence, including evidence of the general

848

reputation of the place or premises, and at which the owner of

849

the premises shall have an opportunity to present evidence in his

850

or her defense, the board may declare the place or premises to be

851

a public nuisance as described in subsection (2).

852

     (4)  If the board declares a place or premises to be a

853

public nuisance, it may enter an order requiring the owner of

854

such place or premises to adopt such procedure as may be

855

appropriate under the circumstances to abate any such nuisance or

856

it may enter an order immediately prohibiting:

857

     (a)  The maintaining of the nuisance;

858

     (b)  The operating or maintaining of the place or premises,

859

including the closure of the place or premises or any part

860

thereof; or

861

     (c)  The conduct, operation, or maintenance of any business

862

or activity on the premises which is conducive to such nuisance.

863

     (5)  An order entered under subsection (4) shall expire

864

after 1 year or at such earlier time as is stated in the order.

865

     (6)  An order entered under subsection (4) may be enforced

866

pursuant to the procedures contained in s. 120.69.  This

867

subsection does not subject a municipality that creates a board

868

under this section, or the board so created, to any other

869

provision of chapter 120.

870

     (7)  The board may bring a complaint under s. 60.05 seeking

871

temporary and permanent injunctive relief against any nuisance

872

described in subsection (2).

873

     (8)  This section does not restrict the right of any person

874

to proceed under s. 60.05 against any public nuisance.

875

     (9)  As used in this section, the term "controlled

876

substance" includes any substance sold in lieu of a controlled

877

substance in violation of s. 817.563 or any imitation controlled

878

substance defined in s. 817.564.

879

     (10)  The provisions of this section may be supplemented by

880

a county or municipal ordinance.  The ordinance may include, but

881

is not limited to, provisions that establish additional penalties

882

for public nuisances, including fines not to exceed $250 per day;

883

provide for the payment of reasonable costs, including reasonable

884

attorney fees associated with investigations of and hearings on

885

public nuisances; provide for continuing jurisdiction for a

886

period of 1 year over any place or premises that has been or is

887

declared to be a public nuisance; establish penalties, including

888

fines not to exceed $500 per day for recurring public nuisances;

889

provide for the recording of orders on public nuisances so that

890

notice must be given to subsequent purchasers, successors in

891

interest, or assigns of the real property that is the subject of

892

the order; provide that recorded orders on public nuisances may

893

become liens against the real property that is the subject of the

894

order; and provide for the foreclosure of property subject to a

895

lien and the recovery of all costs, including reasonable attorney

896

fees, associated with the recording of orders and foreclosure. No

897

lien created pursuant to the provisions of this section may be

898

foreclosed on real property which is a homestead under s. 4, Art.

899

X of the State Constitution. Where a local government seeks to

900

bring an administrative action, based on a stolen property

901

nuisance, against a property owner operating an establishment

902

where multiple tenants, on one site, conduct their own retail

903

business, the property owner shall not be subject to a lien

904

against his or her property or the prohibition of operation

905

provision if the property owner evicts the business declared to

906

be a nuisance within 90 days after notification by registered

907

mail to the property owner of a second stolen property conviction

908

of the tenant. The total fines imposed pursuant to the authority

909

of this section shall not exceed $15,000. Nothing contained

910

within this section prohibits a county or municipality from

911

proceeding against a public nuisance by any other means.

912

     Section 20.  Paragraph (a) of subsection (1) and subsection

913

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

914

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

915

term:

916

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

917

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

918

intimidate another person to commit:

919

     (a)  Any crime that is chargeable by indictment or

920

information under the following provisions of the Florida

921

Statutes:

922

     1.  Section 210.18, relating to evasion of payment of

923

cigarette taxes.

924

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

925

control.

926

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

927

fraud.

928

     4.  Section 414.39, relating to public assistance fraud.

929

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

930

compensation.

931

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

932

employer scheme to commit unemployment compensation fraud.

933

     7.  Section 465.0161, relating to distribution of medicinal

934

drugs without a permit as an Internet pharmacy.

935

     8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and

936

499.0691, relating to crimes involving contraband and adulterated

937

drugs.

938

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

939

     10.  Chapter 517, relating to sale of securities and

940

investor protection.

941

     11.  Section 550.235, s. 550.3551, or s. 550.3605, relating

942

to dogracing and horseracing.

943

     12.  Chapter 550, relating to jai alai frontons.

944

     13.  Section 551.109, relating to slot machine gaming.

945

     14.  Chapter 552, relating to the manufacture, distribution,

946

and use of explosives.

947

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

948

violation is punishable as a felony.

949

     16.  Chapter 562, relating to beverage law enforcement.

950

     17.  Section 624.401, relating to transacting insurance

951

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

952

to operating an unauthorized multiple-employer welfare

953

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

954

aiding an unauthorized insurer.

955

     18.  Section 655.50, relating to reports of currency

956

transactions, when such violation is punishable as a felony.

957

     19.  Chapter 687, relating to interest and usurious

958

practices.

959

     20.  Section 721.08, s. 721.09, or s. 721.13, relating to

960

real estate timeshare plans.

961

     21.  Chapter 782, relating to homicide.

962

     22.  Chapter 784, relating to assault and battery.

963

     23.  Chapter 787, relating to kidnapping or human

964

trafficking.

965

     24.  Chapter 790, relating to weapons and firearms.

966

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

967

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

968

trafficking.

969

     26.  Chapter 806, relating to arson.

970

     27.  Section 810.02(2)(c), relating to specified burglary of

971

a dwelling or structure.

972

     28.  Chapter 812, relating to theft, robbery, and related

973

crimes.

974

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

975

     30.  Chapter 817, relating to fraudulent practices, false

976

pretenses, fraud generally, and credit card crimes.

977

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

978

exploitation of an elderly person or disabled adult.

979

     32.  Section 827.071, relating to commercial sexual

980

exploitation of children.

981

     33.  Chapter 831, relating to forgery and counterfeiting.

982

     34.  Chapter 832, relating to issuance of worthless checks

983

and drafts.

984

     35.  Section 836.05, relating to extortion.

985

     36.  Chapter 837, relating to perjury.

986

     37.  Chapter 838, relating to bribery and misuse of public

987

office.

988

     38.  Chapter 843, relating to obstruction of justice.

989

     39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

990

s. 847.07, relating to obscene literature and profanity.

991

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

992

849.25, relating to gambling.

993

     41. Chapter 874, entitled "Organized Criminal Activity

994

Enforcement and Prevention." relating to criminal street gangs.

995

     42.  Chapter 893, relating to drug abuse prevention and

996

control.

997

     43.  Chapter 896, relating to offenses related to financial

998

transactions.

999

     44.  Sections 914.22 and 914.23, relating to tampering with

1000

a witness, victim, or informant, and retaliation against a

1001

witness, victim, or informant.

1002

     45.  Sections 918.12 and 918.13, relating to tampering with

1003

jurors and evidence.

1004

     (3)  "Enterprise" means any individual, sole proprietorship,

1005

partnership, corporation, business trust, union chartered under

1006

the laws of this state, or other legal entity, or any unchartered

1007

union, association, or group of individuals associated in fact

1008

although not a legal entity; and it includes illicit as well as

1009

licit enterprises and governmental, as well as other, entities. A

1010

criminal street gang, as defined in s. 874.03, constitutes an

1011

enterprise.

1012

     Section 21.  Paragraphs (d) and (e) of subsection (3) of

1013

section 921.0022, Florida Statutes, are amended to read:

1014

     921.0022  Criminal Punishment Code; offense severity ranking

1015

chart.--

1016

     (3)  OFFENSE SEVERITY RANKING CHART

1017

     (d)  LEVEL 4

1018

1019

1020

1021

1022

1023

1024

1025

1026

1027

1028

1029

1030

1031

1032

1033

1034

1035

1036

1037

1038

1039

1040

1041

1042

1043

1044

1045

1046

1047

1048

1049

1050

1051

1052

1053

1054

1055

1056

1057

1058

1059

1060

1061

1062

1063

1064

1065

1066

     (e)  LEVEL 5

1067

1068

1069

1070

1071

1072

1073

1074

1075

1076

1077

1078

1079

1080

1081

1082

1083

1084

1085

1086

1087

1088

1089

1090

1091

1092

1093

1094

1095

1096

1097

1098

1099

1100

1101

1102

1103

1104

1105

1106

1107

1108

1109

1110

1111

Statutes, is amended to read:

1112

     921.0024  Criminal Punishment Code; worksheet computations;

1113

scoresheets.--

1114

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

1115

compute the subtotal and total sentence points as follows:

1116

1117

FLORIDA CRIMINAL PUNISHMENT CODE

1118

WORKSHEET

1119

1120

OFFENSE SCORE

1121

1122

Primary Offense

1123

1124

1125

1126

1127

1128

1129

1130

1131

1132

1133

1134

1135

1136

1137

1138

Additional Offenses

1139

1140

1141

1142

1143

1144

1145

1146

1147

1148

1149

1150

1151

1152

1153

1154

1155

Victim Injury

1156

1157

1158

1159

1160

1161

1162

1163

1164

1165

1166

1167

1168

Primary Offense + Additional Offenses + Victim Injury =

1169

TOTAL OFFENSE SCORE

1170

1171

PRIOR RECORD SCORE

1172

1173

Prior Record

1174

1175

1176

1177

1178

1179

1180

1181

1182

1183

1184

1185

1186

1187

1188

1189

1190

TOTAL OFFENSE SCORE

1191

   TOTAL PRIOR RECORD SCORE

1192

1193

   LEGAL STATUS

1194

   COMMUNITY SANCTION VIOLATION

1195

   PRIOR SERIOUS FELONY

1196

   PRIOR CAPITAL FELONY

1197

   FIREARM OR SEMIAUTOMATIC WEAPON

1198

SUBTOTAL__________

1199

1200

   PRISON RELEASEE REOFFENDER (no)(yes)

1201

   VIOLENT CAREER CRIMINAL (no)(yes)

1202

   HABITUAL VIOLENT OFFENDER (no)(yes)

1203

   HABITUAL OFFENDER (no)(yes)

1204

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

1205

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

1206

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

1207

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

1208

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

1209

(x multiplier)

1210

1211

TOTAL SENTENCE POINTS__________

1212

1213

(b)  WORKSHEET KEY:

1214

1215

Legal status points are assessed when any form of legal status

1216

existed at the time the offender committed an offense before the

1217

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

1218

an offender's legal status.

1219

1220

Community sanction violation points are assessed when a community

1221

sanction violation is before the court for sentencing. Six (6)

1222

sentence points are assessed for each community sanction

1223

violation and each successive community sanction violation,

1224

unless any of the following apply:

1225

     1.  If the community sanction violation includes a new

1226

felony conviction before the sentencing court, twelve (12)

1227

community sanction violation points are assessed for the

1228

violation, and for each successive community sanction violation

1229

involving a new felony conviction.

1230

     2.  If the community sanction violation is committed by a

1231

violent felony offender of special concern as defined in s.

1232

948.06:

1233

     a.  Twelve (12) community sanction violation points are

1234

assessed for the violation and for each successive violation of

1235

felony probation or community control where:

1236

     (I)  The violation does not include a new felony conviction;

1237

and

1238

     (II)  The community sanction violation is not based solely

1239

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

1240

make restitution payments.

1241

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

1242

assessed for the violation and for each successive violation of

1243

felony probation or community control where the violation

1244

includes a new felony conviction.

1245

1246

Multiple counts of community sanction violations before the

1247

sentencing court shall not be a basis for multiplying the

1248

assessment of community sanction violation points.

1249

1250

Prior serious felony points: If the offender has a primary

1251

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

1252

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

1253

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

1254

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

1255

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

1256

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

1257

offender is serving a sentence of confinement, supervision, or

1258

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

1259

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

1260

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

1261

additional offense was committed.

1262

1263

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

1264

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

1265

shall be added to the subtotal sentence points of the offender

1266

equal to twice the number of points the offender receives for the

1267

primary offense and any additional offense. A prior capital

1268

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

1269

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

1270

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

1271

another jurisdiction which is a capital felony in that

1272

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

1273

committed in this state.

1274

1275

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

1276

If the offender is convicted of committing or attempting to

1277

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

1278

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

1279

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

1280

assessed; or if the offender is convicted of committing or

1281

attempting to commit any felony other than those enumerated in s.

1282

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

1283

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

1284

in s. 790.001(9), an additional twenty-five (25) sentence points

1285

are assessed.

1286

1287

Sentencing multipliers:

1288

1289

Drug trafficking: If the primary offense is drug trafficking

1290

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

1291

the discretion of the court, for a level 7 or level 8 offense, by

1292

1.5. The state attorney may move the sentencing court to reduce

1293

or suspend the sentence of a person convicted of a level 7 or

1294

level 8 offense, if the offender provides substantial assistance

1295

as described in s. 893.135(4).

1296

1297

Law enforcement protection: If the primary offense is a violation

1298

of the Law Enforcement Protection Act under s. 775.0823(2), (3),

1299

or (4), the subtotal sentence points are multiplied by 2.5. If

1300

the primary offense is a violation of s. 775.0823(5), (6), (7),

1301

(8), or (9), the subtotal sentence points are multiplied by 2.0.

1302

If the primary offense is a violation of s. 784.07(3) or s.

1303

775.0875(1), or of the Law Enforcement Protection Act under s.

1304

775.0823(10) or (11), the subtotal sentence points are multiplied

1305

by 1.5.

1306

1307

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

1308

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

1309

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

1310

the third degree involving a motor vehicle, the subtotal sentence

1311

points are multiplied by 1.5.

1312

1313

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

1314

convicted of the primary offense and committed that offense for

1315

the purpose of benefiting, promoting, or furthering the interests

1316

of a criminal street gang as prohibited under s. 874.04, the

1317

subtotal sentence points are multiplied by 1.5.

1318

1319

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

1320

convicted of the primary offense and the primary offense is a

1321

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

1322

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

1323

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

1324

victim or perpetrator, the subtotal sentence points are

1325

multiplied by 1.5.

1326

     Section 23.  Paragraph (n) of subsection (5) of section

1327

921.141, Florida Statutes, is amended to read:

1328

     921.141  Sentence of death or life imprisonment for capital

1329

felonies; further proceedings to determine sentence.--

1330

     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances

1331

shall be limited to the following:

1332

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

1333

gang member, as defined in s. 874.03.

1334

     Section 24.  Subsection (30) of section 984.03, Florida

1335

Statutes, is amended to read:

1336

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

1337

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

1338

limited to, delinquency prevention programs and services designed

1339

for the purpose of preventing or reducing delinquent acts,

1340

including criminal activity by criminal youth gangs and juvenile

1341

arrests, as well as programs and services targeted at children

1342

who have committed delinquent acts, and children who have

1343

previously been committed to residential treatment programs for

1344

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

1345

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

1346

substance abuse and mental health programs; educational and

1347

vocational programs; recreational programs; community services

1348

programs; community service work programs; and alternative

1349

dispute resolution programs serving children at risk of

1350

delinquency and their families, whether offered or delivered by

1351

state or local governmental entities, public or private for-

1352

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

1353

charitable organizations.

1354

     Section 25.  Paragraph (c) of subsection (15) and subsection

1355

(29) of section 985.03, Florida Statutes, are amended to read:

1356

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

1357

     (15)

1358

     (c)  "Delinquency prevention programs" means programs

1359

designed for the purpose of reducing the occurrence of

1360

delinquency, including criminal youth and street gang activity,

1361

and juvenile arrests. The term excludes arbitration, diversionary

1362

or mediation programs, and community service work or other

1363

treatment available subsequent to a child committing a delinquent

1364

act.

1365

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

1366

limited to, delinquency prevention programs and services designed

1367

for the purpose of preventing or reducing delinquent acts,

1368

including criminal activity by criminal youth gangs, and juvenile

1369

arrests, as well as programs and services targeted at children

1370

who have committed delinquent acts, and children who have

1371

previously been committed to residential treatment programs for

1372

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

1373

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

1374

substance abuse and mental health programs; educational and

1375

career programs; recreational programs; community services

1376

programs; community service work programs; and alternative

1377

dispute resolution programs serving children at risk of

1378

delinquency and their families, whether offered or delivered by

1379

state or local governmental entities, public or private for-

1380

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

1381

charitable organizations.

1382

     Section 26.  Paragraph (c) of subsection (1) of section

1383

985.047, Florida Statutes, is amended to read:

1384

     985.047  Information systems.--

1385

     (1)

1386

     (c)  As used in this section, "a juvenile who is at risk of

1387

becoming a serious habitual juvenile offender" means a juvenile

1388

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

1389

the following criteria:

1390

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

1391

offense or sexual battery.

1392

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

1393

for felony offenses. Three of such arrests must have occurred

1394

within the preceding 12-month period.

1395

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

1396

felony offenses. Three of such arrests must have occurred within

1397

the preceding 12-month period.

1398

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

1399

felony offense and occurred within the preceding 12-month period.

1400

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

1401

of the following offenses:

1402

     a.  Petit theft;

1403

     b.  Misdemeanor assault;

1404

     c.  Possession of a controlled substance;

1405

     d.  Weapon or firearm violation; or

1406

     e.  Substance abuse.

1407

1408

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

1409

month period.

1410

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

1411

and street gang membership.

1412

     Section 27.  Paragraph (a) of subsection (6) and subsection

1413

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

1414

     985.433  Disposition hearings in delinquency cases.--When a

1415

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

1416

following procedures shall be applicable to the disposition of

1417

the case:

1418

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

1419

determination of the suitability or nonsuitability for

1420

adjudication and commitment of the child to the department. This

1421

determination shall include consideration of the recommendations

1422

of the department, which may include a predisposition report. The

1423

predisposition report shall include, whether as part of the

1424

child's multidisciplinary assessment, classification, and

1425

placement process components or separately, evaluation of the

1426

following criteria:

1427

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

1428

court determines under chapter 874 that the child was a member of

1429

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

1430

offense, the seriousness of the offense to the community shall be

1431

given great weight.

1432

1433

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

1434

in this subsection are general guidelines to be followed at the

1435

discretion of the court and not mandatory requirements of

1436

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

1437

the appeal of the disposition made under this section.

1438

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

1439

adjudicated as having committed a delinquent act and should be

1440

committed to the department, such determination shall be in

1441

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

1442

include a specific finding of the reasons for the decision to

1443

adjudicate and to commit the child to the department, including

1444

any determination that the child was a member of a criminal

1445

street gang.

1446

     (a)  The juvenile probation officer shall recommend to the

1447

court the most appropriate placement and treatment plan,

1448

specifically identifying the restrictiveness level most

1449

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

1450

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

1451

shall be given great weight in identifying the most appropriate

1452

restrictiveness level for the child. The court shall consider the

1453

department's recommendation in making its commitment decision.

1454

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

1455

the restrictiveness level identified or may order placement at a

1456

different restrictiveness level. The court shall state for the

1457

record the reasons that establish by a preponderance of the

1458

evidence why the court is disregarding the assessment of the

1459

child and the restrictiveness level recommended by the

1460

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

1461

in a modified level of restrictiveness under this paragraph.

1462

     (c)  The court may also require that the child be placed in

1463

a probation program following the child's discharge from

1464

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

1465

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

1466

prior to the child's release from commitment.

1467

     Section 28. The Division of Statutory Revision is directed

1468

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

1469

"Organized Criminal Activity Enforcement and Prevention."

1470

     Section 29.  This act shall take effect July 1, 2008.