Florida Senate - 2008 CS for SB 76
By the Committee on Criminal Justice; and Senators Atwater and Gaetz
591-04223A-08 200876c1
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A bill to be entitled
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An act relating to criminal activity; amending s. 775.13,
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F.S.; requiring certain felons whose offenses related to
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criminal gangs to register; providing penalties; amending
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s. 790.23, F.S.; providing penalties for certain persons
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possessing a firearm; creating s. 790.231, F.S.;
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prohibiting possession of bulletproof vests by certain
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individuals; providing penalties; amending s. 823.05,
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F.S.; revising provisions relating to the enjoining of
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public nuisances to include certain nuisances related to
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criminal gangs and criminal gang activities; providing for
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enjoining such nuisances; providing for local laws;
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amending s. 874.01, F.S.; revising a short title; amending
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s. 874.02, F.S.; revising legislative findings and intent;
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amending s. 874.03, F.S.; creating and revising
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definitions; redefining "criminal street gangs" as
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"criminal gangs"; amending s. 874.04, F.S.; conforming
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provisions; revising an evidentiary standard; creating s.
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874.045, F.S.; providing that ch. 874, F.S., does not
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preclude arrest and prosecution under other specified
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provisions; amending s. 874.05, F.S.; revising provisions
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relating to soliciting or causing another to join a
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criminal gang; amending s. 874.06, F.S.; authorizing the
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state to bring civil actions for certain violations;
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providing that a plaintiff has a superior claim to
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property or proceeds; providing penalties for knowing
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violation of certain orders; amending s. 874.08, F.S.;
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conforming provisions relating to forfeiture; amending s.
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874.09, F.S.; providing additional powers for the
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Department of Law Enforcement and local law enforcement
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agencies relating to crime data information; creating s.
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874.10, F.S.; prohibiting persons from initiating,
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organizing, planning, financing, directing, managing, or
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supervising criminal gang-related activity; providing
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penalties; creating s. 874.11, F.S.; prohibiting use of
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electronic communications to further the interests of a
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criminal gang; providing penalties; creating s. 874.12,
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F.S.; defining the term "identification document";
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prohibiting possession of certain identification documents
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for specified purposes; providing penalties; creating s.
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874.13, F.S.; prohibiting certain offenders from
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committing gang-related crimes; providing penalties;
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creating s. 874.14, F.S.; providing definitions; providing
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for the suspension of driver's licenses for certain
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offenses; amending s. 895.02, F.S.; adding certain
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offenses to the definition of "racketeering activity";
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conforming terminology to changes made by this act;
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amending s. 903.046, F.S.; adding to the list of items a
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court may consider when determining whether to release a
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defendant on bail; amending s. 914.22, F.S.; revising the
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penalties for tampering with or harassing witnesses;
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amending s. 943.031, F.S.; revising provisions relating to
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the Florida Violent Crime and Drug Control Council;
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providing duties concerning criminal gangs; creating the
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Drug Control Strategy and Criminal Gangs Committee;
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providing for duties of the committee concerning funding
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of certain programs; providing for reports; amending s.
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948.03, F.S.; authorizing the court to order the posting
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of a surety bond to secure the appearance of a person on
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probation, community control, or any other court-ordered
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community supervision at any subsequent court proceeding;
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requiring the bail agent to surrender the person to the
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sheriff after receiving written notice, e-mail, or
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facsimile notice from the probation officer that the
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person has violated the terms of probation, community
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control, or court-ordered community supervision; providing
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that if the bail agent does not surrender the person to
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the sheriff after receiving notice from the probation
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officer or does not produce the person in court at the
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time noticed by the court or the clerk of court, the
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surety bond is forfeited; creating s. 948.033, F.S.,
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prohibiting certain probationers or community controllees
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from communicating with criminal gang members; providing
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exceptions; amending s. 947.18, F.S.; prohibiting certain
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parolees from communicating with criminal gang members;
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providing exceptions; amending s. 947.1405, F.S.;
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prohibiting certain conditional releasees from
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communicating with criminal gang members; providing
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exceptions; amending s. 893.138, F.S.; conforming
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terminology to changes made by this act; amending s.
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921.0022, F.S.; adding offenses to the offense severity
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ranking chart of the Criminal Punishment Code; conforming
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terminology to changes made by this act; amending ss.
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985.433, F.S.; conforming cross-references and terminology
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to changes made by this act; providing a directive to the
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Division of Statutory Revision; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (2), (4), (5), (6), and (7) of
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section 775.13, Florida Statutes, are amended to read:
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775.13 Registration of convicted felons, exemptions;
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penalties.--
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(2) Any person who has been convicted of a felony in any
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court of this state shall, within 48 hours after entering any
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county in this state, register with the sheriff of said county,
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be fingerprinted and photographed, and list the crime for which
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convicted, place of conviction, sentence imposed, if any, name,
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aliases, if any, address, and occupation. If the felony
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conviction is for an offense that was found, pursuant to s.
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874.04, to have been committed for the purpose of benefiting,
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promoting, or furthering the interests of a criminal gang, the
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registrant shall identify himself or herself as such an offender.
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The Department of Law Enforcement, in consultation with
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appropriate local law enforcement agencies, may develop
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standardized practices for the inclusion of gang affiliation at
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the time of offender registration.
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(4) In lieu of registering with the sheriff as required by
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this section, such registration may be made with the Department
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of Law Enforcement, and is subject to the same terms and
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conditions as required for registration with the sheriff.
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(4)(5) This section does not apply to an offender:
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(a) Who has had his or her civil rights restored;
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(b) Who has received a full pardon for the offense for
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which convicted;
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(c) Who has been lawfully released from incarceration or
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other sentence or supervision for a felony conviction for more
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than 5 years prior to such time for registration, unless the
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offender is a fugitive from justice on a felony charge or has
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been convicted of any offense since release from such
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incarceration or other sentence or supervision;
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(d) Who is a parolee or probationer under the supervision
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of the United States Parole Commission if the commission knows of
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and consents to the presence of the offender in Florida or is a
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probationer under the supervision of any federal probation
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officer in the state or who has been lawfully discharged from
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such parole or probation;
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(e) Who is a sexual predator and has registered as required
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under s. 775.21;
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(f) Who is a sexual offender and has registered as required
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(g) Who is a career offender who has registered as required
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(5)(6) The failure of any such convicted felon to comply
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with this section:
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(a) With regard to any felon not listed in paragraph (b),
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constitutes a misdemeanor of the second degree, punishable as
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(b) With regard to any felon who has been found, pursuant
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to s. 874.04, to have committed any offense for the purpose of
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benefiting, promoting, or furthering the interests of a criminal
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gang, constitutes a felony of the third degree, punishable as
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(6)(7) All laws and parts of laws in conflict herewith are
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hereby repealed, provided that Nothing in this section shall be
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construed to affect any law of this state relating to
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registration of criminals where the penalties for registration,
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notification, or reporting obligations are in addition to, or in
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excess of, those imposed by this section.
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Section 2. Section 790.23, Florida Statutes, is amended to
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read:
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790.23 Felons and delinquents; possession of firearms,
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ammunition, or electric weapons or devices unlawful.--
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(1) It is unlawful for any person to own or to have in his
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or her care, custody, possession, or control any firearm,
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ammunition, or electric weapon or device, or to carry a concealed
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weapon, including a tear gas gun or chemical weapon or device, if
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that person has been:
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(a) Convicted of a felony in the courts of this state;
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(b) Found, in the courts of this state, to have committed a
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delinquent act that would be a felony if committed by an adult
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and such person is under 24 years of age;
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(c) Convicted of or found to have committed a crime against
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the United States which is designated as a felony;
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(d) Found to have committed a delinquent act in another
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state, territory, or country that would be a felony if committed
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by an adult and which was punishable by imprisonment for a term
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exceeding 1 year and such person is under 24 years of age; or
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(e) Found guilty of an offense that is a felony in another
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state, territory, or country and which was punishable by
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imprisonment for a term exceeding 1 year.
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(2) This section shall not apply to a person convicted of a
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felony whose civil rights and firearm authority have been
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restored.
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(3) Except as otherwise provided in subsection (4), any
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person who violates this section commits a felony of the second
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(4) Notwithstanding the provisions of s. 874.04, if the
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offense described in subsection (1) has been committed by a
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person who has previously qualified or currently qualifies for
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the penalty enhancements provided for in s. 874.04, the offense
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is a felony of the first degree, punishable by a term of years
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s. 775.084.
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Section 3. Section 790.231, Florida Statutes, is created to
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read:
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790.231 Felons and delinquents; possession of bulletproof
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vests.--
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(1) It is unlawful for any person to possess a bulletproof
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vest, as defined in s. 775.0846, if he or she has been:
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(a) Convicted of a felony in the courts of this state;
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(b) Found, in the courts of this state, to have committed a
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delinquent act that would be a felony if committed by an adult
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and such person is under 24 years of age;
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(c) Convicted of or found to have committed a crime against
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the United States which is designated as a felony;
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(d) Found to have committed a delinquent act in another
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state, territory, or country that would be a felony if committed
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by an adult and which was punishable by imprisonment for a term
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exceeding 1 year and such person is under 24 years of age; or
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(e) Convicted of or found to have committed an offense that
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is a felony in another state, territory, or country and which was
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punishable by imprisonment for a term exceeding 1 year.
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(f) Found, pursuant to s. 874.04, to have committed any
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offense for the purpose of benefiting, promoting, or furthering
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the interests of a criminal gang.
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(2) This section shall not apply to the following:
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(a) Persons convicted of a felony whose civil rights and
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firearm authority have been restored.
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(b) Persons authorized to possess a bulletproof vest by law
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enforcement officials, prosecutorial authorities, or courts for
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the purpose of aiding in the investigation of criminal activity.
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(3) Any person who violates this section commits a felony
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of the third degree, punishable as provided in s. 775.082, s.
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Section 4. Section 823.05, Florida Statutes, is amended to
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read:
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823.05 Places and groups engaged in criminal gang-related
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activity declared a nuisance; may be abated and enjoined.--
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(1) Whoever shall erect, establish, continue, or maintain,
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own or lease any building, booth, tent or place which tends to
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annoy the community or injure the health of the community, or
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become manifestly injurious to the morals or manners of the
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people as described in s. 823.01, or shall be frequented by the
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class of persons mentioned in s. 856.02, or any house or place of
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prostitution, assignation, lewdness or place or building where
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games of chance are engaged in violation of law or any place
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where any law of the state is violated, shall be deemed guilty of
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maintaining a nuisance, and the building, erection, place, tent
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or booth and the furniture, fixtures, and contents are declared a
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nuisance. All such places or persons shall be abated or enjoined
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(2)(a) As used in this subsection, the terms "criminal
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gang," "criminal gang member," "criminal gang associate," and
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"criminal gang-related activity" have the same meanings as
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provided in s. 874.03.
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(b) A criminal gang, criminal gang member, or criminal gang
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associate who engages in the commission of criminal gang-related
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activity is a public nuisance. Any and all such persons shall be
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(c) The use of a location on two or more occasions by a
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criminal gang, criminal gang members, or criminal gang associates
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for the purpose of engaging in criminal gang-related activity is
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a public nuisance. Such use of a location as a public nuisance
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(d) Nothing in this subsection shall prevent a local
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governing body from adopting and enforcing laws consistent with
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this chapter relating to criminal gangs and gang violence. Where
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local laws duplicate or supplement this chapter, this chapter
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shall be construed as providing alternative remedies and not as
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preempting the field.
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(e) The state, through the Department of Legal Affairs or
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any state attorney, or any of the state's agencies,
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instrumentalities, subdivisions, or municipalities having
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jurisdiction over conduct in violation of a provision of this
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chapter may institute civil proceedings under this subsection. In
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any action brought under this subsection, the circuit court shall
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proceed as soon as practicable to the hearing and determination.
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Pending final determination, the circuit court may at any time
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enter such injunctions, prohibitions, or restraining orders, or
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take such actions, including the acceptance of satisfactory
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performance bonds, as the court may deem proper.
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Section 5. Section 874.01, Florida Statutes, is amended to
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read:
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874.01 Short title.--This chapter may be cited as the
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"Criminal Street Gang Prevention Act of 1996."
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Section 6. Section 874.02, Florida Statutes, is amended to
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read:
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874.02 Legislative findings and intent.--
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(1) The Legislature finds that it is the right of every
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person, regardless of race, color, creed, religion, national
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origin, sex, age, sexual orientation, or handicap, to be secure
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and protected from fear, intimidation, and physical harm caused
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by the activities of criminal street gangs and their members. It
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is not the intent of this chapter to interfere with the exercise
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of the constitutionally protected rights of freedom of expression
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and association. The Legislature recognizes the constitutional
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right of every citizen to harbor and express beliefs on any
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lawful subject whatsoever, to lawfully associate with others who
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share similar beliefs, to petition lawfully constituted authority
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for a redress of perceived grievances, and to participate in the
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electoral process.
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(2) The Legislature finds, however, that the state is
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facing a mounting crisis caused by criminal street gangs whose
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members threaten and terrorize peaceful citizens and commit a
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multitude of crimes. These criminal street gang activities, both
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individually and collectively, present a clear and present
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danger. Street gangs, terrorist organizations, and hate groups
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have evolved into increasingly sophisticated and complex
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organized crime groups in their criminal tactics, schemes, and
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brutality. The state has a compelling interest in preventing
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criminal street gang activity and halting the real and present
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danger posed by the proliferation of criminal gangs and the
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graduation from more primitive forms of criminal gangs to highly
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sophisticated criminal gangs. For these reasons, and the
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Legislature finds that the provisions of this chapter act are
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essential necessary to maintain the public order and safety.
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(3) It is the intent of the Legislature to outlaw certain
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conduct associated with the existence and proliferation of
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criminal gangs, provide eradicate the terror created by criminal
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street gangs and their members by providing enhanced criminal
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penalties, and eliminate and by eliminating the patterns,
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profits, proceeds, instrumentalities, and property facilitating
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criminal street gang activity, including criminal street gang
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recruitment.
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(4) The Legislature finds that the timely reporting and
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exchange of criminal gang information facilitates the ability of
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law enforcement agencies to monitor and anticipate criminal
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activities of gangs and their members. Additionally, the timely
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and standardized reporting of such criminal gang information
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supports the identification of gang members via the criminal
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justice information system and directly contributes to law
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enforcement officers' safety. For these reasons, it is the intent
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of the Legislature to encourage state and local law enforcement
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agencies to facilitate the exchange of crime data information
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through the statewide criminal gang database as provided in s.
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Section 7. Section 874.03, Florida Statutes, is amended to
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read:
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874.03 Definitions.--As used in this chapter:
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(1) "Criminal street gang" means a formal or informal
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ongoing organization, association, or group that has as one of
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its primary activities the commission of criminal or delinquent
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acts, and that consists of three or more persons who have a
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common name or common identifying signs, colors, or symbols,
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including, but not limited to, terrorist organizations and hate
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groups and have two or more members who, individually or
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collectively, engage in or have engaged in a pattern of criminal
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street gang activity.
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(a) As used in this subsection, "ongoing" means that the
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organization was in existence during the time period charged in a
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petition, information, indictment, or action for civil injunctive
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relief.
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(b) As used in this subsection, "primary activities" means
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that a criminal gang spends a substantial amount of time engaged
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in such activity, although such activity need not be the only, or
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even the most important activity, in which the criminal gang
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engages.
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(2) "Criminal gang associate" means a person who:
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(a) Admits to criminal gang association; or
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(b) Meets any single defining criterion for criminal gang
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membership described in subsection (3).
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(3)(2) "Criminal street gang member" is a person who is a
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member of a criminal street gang as defined in subsection (1) and
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who meets two or more of the following criteria:
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(a) Admits to criminal street gang membership.
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(b) Is identified as a criminal street gang member by a
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parent or guardian.
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(c) Is identified as a criminal street gang member by a
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documented reliable informant.
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(d) Adopts the style of dress of a criminal gang Resides in
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or frequents a particular criminal street gang's area and adopts
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their style of dress, their use of hand signs, or their tattoos,
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and associates with known criminal street gang members.
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(e) Adopts the use of a hand sign identified as used by a
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criminal gang.
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(f) Has a tattoo identified as used by a criminal gang.
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(g) Associates with one or more known criminal gang
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members.
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(h)(e) Is identified as a criminal street gang member by an
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informant of previously untested reliability and such
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identification is corroborated by independent information.
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(f) Has been arrested more than once in the company of
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identified criminal street gang members for offenses which are
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consistent with usual criminal street gang activity.
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(i)(g) Is identified as a criminal street gang member by
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physical evidence such as photographs or other documentation.
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(j)(h) Has been observed stopped in the company of one or
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more known criminal street gang members four or more times.
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Observation in a custodial setting requires a willful
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association. It is the intent of the legislature to allow this
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criterion to be used to identify gang members who recruit and
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organize in jails, prisons, and other detention settings.
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(k) Has authored any communication indicating
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responsibility for the commission of any crime by the criminal
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gang.
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Where a single act or factual transaction satisfies the
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requirements of more than one of the criteria in this subsection,
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each of those criteria has thereby been satisfied for the
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purposes of the statute.
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(3) "Pattern of criminal street gang activity" means the
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commission or attempted commission of, or solicitation or
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conspiracy to commit, two or more felony or three or more
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misdemeanor offenses, or one felony and two misdemeanor offenses,
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or the comparable number of delinquent acts or violations of law
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which would be felonies or misdemeanors if committed by an adult,
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on separate occasions within a 3-year period.
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(4) For purposes of law enforcement identification and
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tracking only:
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(a) "criminal street gang associate" means a person who:
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1. Admits to criminal street gang association; or
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2. Meets any single defining criterion for criminal street
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gang membership described in subsection (2).
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(b) "Gang-related incident" means an incident that, upon
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investigation, meets any of the following conditions:
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1. The participants are identified as criminal street gang
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members or criminal street gang associates, acting, individually
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or collectively, to further any criminal purpose of the gang;
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2. A reliable informant identifies an incident as criminal
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street gang activity; or
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3. an informant of previously untested reliability
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identifies an incident as criminal street gang activity and it is
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corroborated by independent information.
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(4) "Criminal gang-related activity" means:
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(a) An activity committed with the intent to benefit,
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promote, or further the interests of a criminal gang, or for the
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purposes of increasing a person's own standing or position within
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a criminal gang;
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(b) An activity in which the participants are identified as
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criminal gang members or criminal gang associates acting
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individually or collectively to further any criminal purpose of a
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criminal gang;
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(c) An activity that is identified as criminal gang
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activity by a documented reliable informant; or
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(d) An activity that is identified as criminal gang
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activity by an informant of previously untested reliability and
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such identification is corroborated by independent information.
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(5) "Electronic communication" has the meaning provided in
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s. 934.02 and includes, but is not limited to, photographs,
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video, telephone communications, text messages, facsimile,
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electronic mail messages as defined in s. 668.602, and instant
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message real-time communications with other individuals through
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the Internet or other means.
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(6) "Hate group" means an organization whose primary
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purpose is to promote animosity, hostility, and malice against a
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person or persons or against the property of a person or persons
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because of race, religion, disability, sexual orientation,
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ethnicity, or national origin.
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(7) "Terrorist organization" means any organized group
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engaged in or organized for the purpose of engaging in terrorism
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as defined in s. 775.30. This definition shall not be construed
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to prevent prosecution under this chapter of individuals acting
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alone.
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Section 8. Section 874.04, Florida Statutes, is amended to
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read:
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874.04 Gang-related offenses Criminal street gang activity;
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enhanced penalties.--Upon a finding by the factfinder court at
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sentencing that the defendant committed the charged offense for
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the purpose of benefiting, promoting, or furthering the interests
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of a criminal street gang, the penalty for any felony or
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misdemeanor, or any delinquent act or violation of law which
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would be a felony or misdemeanor if committed by an adult, may be
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enhanced. Penalty enhancement affects the applicable statutory
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maximum penalty only. Each of the findings required as a basis
449
for such sentence shall be found beyond a reasonable doubt by a
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preponderance of the evidence. The enhancement will be as
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follows:
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(1)(a) A misdemeanor of the second degree may be punished
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as if it were a misdemeanor of the first degree.
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(b) A misdemeanor of the first degree may be punished as if
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it were a felony of the third degree. For purposes of sentencing
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under chapter 921 and determining incentive gain-time eligibility
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under chapter 944, such offense is ranked in level 1 of the
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offense severity ranking chart. The criminal street gang
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multiplier in s. 921.0024 does not apply to misdemeanors enhanced
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under this paragraph.
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(2)(a) A felony of the third degree may be punished as if
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it were a felony of the second degree.
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(b) A felony of the second degree may be punished as if it
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were a felony of the first degree.
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(c) A felony of the first degree may be punished as if it
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were a life felony.
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For purposes of sentencing under chapter 921 and determining
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incentive gain-time eligibility under chapter 944, such felony
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without regard to the penalty enhancement in this subsection. For
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purposes of this section, penalty enhancement affects the
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applicable statutory maximum penalty only.
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Section 9. Section 874.045, Florida Statutes, is created to
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read:
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874.045 Arrest and prosecution under other
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provisions.--Nothing in this chapter shall prohibit the arrest
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and prosecution of a criminal gang member under chapter 876,
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chapter 895, chapter 896, s. 893.20, or any other applicable
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provision of law except to the extent otherwise prohibited
481
pursuant to a statutory or constitutional provision.
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Section 10. Section 874.05, Florida Statutes, is amended to
483
read:
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874.05 Causing, encouraging, soliciting, or recruiting
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criminal street gang membership.--
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(1) Except as provided in subsection (2), a person who
487
intentionally causes, encourages, solicits, or recruits another
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person to become a criminal gang member where join a criminal
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street gang that requires as a condition of membership or
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continued membership is the commission of any crime commits a
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felony of the third degree, punishable as provided in s. 775.082,
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(2) A person who commits Upon a second or subsequent
494
violation offense, the person commits a felony of the second
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Section 11. Section 874.06, Florida Statutes, is amended to
498
read:
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874.06 Civil cause of action.--
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(1) A person or organization establishing, by clear and
501
convincing evidence, coercion, intimidation, threats, or other
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harm to that person or organization in violation of this chapter
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has a civil cause of action for treble damages, an injunction, or
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any other appropriate relief in law or equity. Upon prevailing,
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the plaintiff may recover reasonable attorney's fees in the trial
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and appellate courts and the costs of investigation and
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litigation that are reasonably incurred and costs.
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(2)(a) For purposes of this subsection, the term "state"
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includes any of the state's agencies, instrumentalities,
510
subdivisions, or municipalities, and includes, but is not limited
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to, state attorneys and the Office of Statewide Prosecution of
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the Department of Legal Affairs.
513
(b) In addition to any remedies provided for by ss. 60.05
514
and 823.05, the state has a civil cause of action against any
515
person or organization if it proves by clear and convincing
516
evidence that it has been injured by reason of a violation of
517
this chapter by the person or organization. The state has a civil
518
cause of action for treble damages, injunctive relief, or any
519
other relief in law or equity which the court deems appropriate.
520
If the state prevails, it may also recover attorney's fees in the
521
trial and appellate courts and the costs of investigation and
522
litigation that are reasonably incurred. The state may not
523
recover punitive damages. The defendant is entitled to recover
524
reasonable attorney's fees and court costs if the court finds
525
that the state raised a claim that was without factual or legal
526
support and was vexatious, frivolous, or brought in bad faith.
527
(3) A prevailing plaintiff under subsection (1) has a right
528
or claim that is superior to any right or claim that the state
529
has in the same property or proceeds.
530
(4) A person who knowingly violates a temporary or
531
permanent order issued under this section or s. 60.05 commits a
532
misdemeanor of the first degree, punishable as provided in s.
534
Section 12. Section 874.08, Florida Statutes, is amended to
535
read:
536
874.08 Criminal gang activity and Profits, proceeds, and
537
instrumentalities of criminal street gangs or criminal street
538
gang recruitment; forfeiture.--All profits, proceeds, and
539
instrumentalities of criminal street gang activity and all
540
property used or intended or attempted to be used to facilitate
541
the criminal activity of any criminal street gang or of any
542
criminal street gang member; and all profits, proceeds, and
543
instrumentalities of criminal street gang recruitment and all
544
property used or intended or attempted to be used to facilitate
545
criminal street gang recruitment are subject to seizure and
546
forfeiture under the Florida Contraband Forfeiture Act, s.
547
548
Section 13. Section 874.09, Florida Statutes, is amended to
549
read:
550
874.09 Crime data information.--
551
(1) The Department of Law Enforcement may:
552
(a) Develop and manage a statewide criminal street gang
553
database to facilitate the exchange of information pursuant to
554
the intent and purpose of this chapter.
555
(b) Notify all law enforcement agencies that reports of
556
criminal gang members or associates shall be entered into the
557
database as soon as the minimum level of data specified by the
558
department is available to the reporting agency and no waiting
559
period for the entry of that data exists.
560
(c) Compile and retain information regarding criminal gangs
561
and their members and associates in a manner that allows the
562
information to be used by law enforcement and other agencies
563
deemed appropriate for investigative purposes.
564
(d) Compile and maintain a data repository relating to
565
criminal gangs and their members and associates in order to
566
develop and improve techniques used by law enforcement agencies
567
and prosecutors in the investigation, apprehension, and
568
prosecution of members and affiliates of criminal gangs.
569
(2) Local law enforcement agencies may:
570
(a) After carrying out any arrest of any individual who
571
they believe is a member or associate of a criminal gang, create
572
or update that individual's electronic file within the database.
573
(b) Notify the prosecutor of the accused individual's
574
suspected criminal gang membership or associate status.
575
Section 14. Section 874.10, Florida Statutes, is created to
576
read:
577
874.10 Directing the activities of a criminal gang.--Any
578
person who knowingly initiates, organizes, plans, finances,
579
directs, manages, or supervises criminal gang-related activity
580
commits a felony of the first degree, punishable by imprisonment
581
for a term of years not exceeding life or as provided in s.
583
Section 15. Section 874.11, Florida Statutes, is created to
584
read:
585
874.11 Electronic communication.--Any person who, for the
586
purpose of benefiting, promoting, or furthering the interests of
587
a criminal gang, uses electronic communication to intimidate or
588
harass other persons, or to advertise his or her presence in the
589
community, including, but not limited to, such activities as
590
distributing, selling, transmitting, or posting on the Internet
591
any audio, video, or still image of criminal activity, commits a
592
felony of the third degree, punishable as provided in s. 775.082,
594
Section 16. Section 874.12, Florida Statutes, is created to
595
read:
596
874.12 Identification documents; unlawful possession or
597
creation.--
598
(1) For purposes of this section, the term "identification
599
document" includes, but is not limited to, a social security card
600
or number, a birth certificate, a driver's license, an
601
identification card issued pursuant to s. 322.051, a
602
naturalization certificate, an alien registration number, a
603
passport, and any access credentials for a publicly operated
604
facility or an infrastructure facility covered under 18 U.S.C. s.
605
2332f.
606
(2) Any person possessing or manufacturing any blank,
607
forged, stolen, fictitious, fraudulent, counterfeit, or otherwise
608
unlawfully issued identification document for the purpose of
609
benefiting, promoting, or furthering the interests of a criminal
610
gang commits a felony of the second degree, punishable as
612
Section 17. Section 874.13, Florida Statutes, is created to
613
read:
614
874.13 Commission of a gang-related offense by a habitual
615
felony offender.--Any person who qualifies as a habitual felony
616
offender under s. 775.084 and who thereafter commits an offense
617
that was found, pursuant to s. 874.04, to have been committed for
618
the purpose of benefiting, promoting, or furthering the interests
619
of a criminal gang, commits a felony of the first degree,
620
punishable by a term of years not exceeding life or as provided
622
Section 18. Section 874.14, Florida Statutes, is created to
623
read:
624
874.14 Suspension of driver's license.--
625
(1) For purposes of this section:
626
(a) "Department" means the Department of Highway Safety and
627
Motor Vehicles.
628
(b) "Convicted" means a determination of guilt that is the
629
result of a trial or the entry of a plea of guilty or nolo
630
contendere, regardless of whether adjudication is withheld.
631
(2) In addition to any other penalty provided by law, the
632
court shall order the suspension of the driver's license of each
633
person convicted or adjudicated delinquent of any offense
634
contained in this chapter and of any person who has been found to
635
have committed any offense for the purpose of benefiting,
636
promoting, or furthering the interests of a criminal gang
637
pursuant to s. 874.04. Upon ordering the suspension of the
638
driver's license, the court shall forward the driver's license to
639
the department in accordance with s. 322.25.
640
(a) The first suspension of a driver's license under this
641
subsection shall be for a period of 6 months.
642
(b) A second or subsequent suspension of a driver's license
643
under this subsection shall be for 1 year.
644
(3) A court that suspends a driver's license pursuant to
645
subsection (2) shall, if the person is sentenced to a term of
646
incarceration, direct the department to commence the suspension
647
of the person's driver's license upon the person's release from
648
incarceration.
649
(4) A person whose driver's license has been suspended
650
under subsection (2) is eligible for issuance of a license for
651
business or employment purposes only under s. 322.271 if the
652
person is otherwise eligible for the driving privilege.
653
Section 19. Paragraph (a) of subsection (1) and subsection
654
(3) of section 895.02, Florida Statutes, are amended to read:
656
term:
657
(1) "Racketeering activity" means to commit, to attempt to
658
commit, to conspire to commit, or to solicit, coerce, or
659
intimidate another person to commit:
660
(a) Any crime that is chargeable by petition, indictment,
661
or information under the following provisions of the Florida
662
Statutes:
663
1. Section 210.18, relating to evasion of payment of
664
cigarette taxes.
665
2. Section 316.1935, relating to fleeing or attempting to
666
elude a law enforcement officer and aggravated feeling or
667
eluding.
668
3.2. Section 403.727(3)(b), relating to environmental
669
control.
671
fraud.
672
5.4. Section 414.39, relating to public assistance fraud.
674
compensation.
675
7.6. Section 443.071(4), relating to creation of a
676
fictitious employer scheme to commit unemployment compensation
677
fraud.
678
8.7. Section 465.0161, relating to distribution of
679
medicinal drugs without a permit as an Internet pharmacy.
681
499.0691, relating to crimes involving contraband and adulterated
682
drugs.
683
10.9. Part IV of chapter 501, relating to telemarketing.
684
11.10. Chapter 517, relating to sale of securities and
685
investor protection.
687
relating to dogracing and horseracing.
688
13.12. Chapter 550, relating to jai alai frontons.
689
14.13. Section 551.109, relating to slot machine gaming.
690
15.14. Chapter 552, relating to the manufacture,
691
distribution, and use of explosives.
692
16.15. Chapter 560, relating to money transmitters, if the
693
violation is punishable as a felony.
694
17.16. Chapter 562, relating to beverage law enforcement.
695
18.17. Section 624.401, relating to transacting insurance
696
without a certificate of authority, s. 624.437(4)(c)1., relating
697
to operating an unauthorized multiple-employer welfare
698
arrangement, or s. 626.902(1)(b), relating to representing or
699
aiding an unauthorized insurer.
700
19.18. Section 655.50, relating to reports of currency
701
transactions, when such violation is punishable as a felony.
702
20.19. Chapter 687, relating to interest and usurious
703
practices.
705
real estate timeshare plans.
706
22. Section 775.13(5)(b), relating to registration of
707
persons found to have committed any offense for the purpose of
708
benefiting, promoting, or furthering the interests of a criminal
709
gang.
710
23. Section 777.03, relating to commission of crimes by
711
accessories after the fact.
712
24.21. Chapter 782, relating to homicide.
713
25.22. Chapter 784, relating to assault and battery.
714
26.23. Chapter 787, relating to kidnapping or human
715
trafficking.
716
27.24. Chapter 790, relating to weapons and firearms.
717
28. Chapter 794, relating to sexual battery, but only if
718
such crime was committed with the intent to benefit, promote, or
719
further the interests of a criminal gang, or for the purpose of
720
increasing a criminal gang member's own standing or position
721
within a criminal gang.
724
trafficking.
725
30.26. Chapter 806, relating to arson and criminal
726
mischief.
727
31.27. Chapter 810 Section 810.02(2)(c), relating to
728
specified burglary and trespass of a dwelling or structure.
729
32.28. Chapter 812, relating to theft, robbery, and related
730
crimes.
731
33.29. Chapter 815, relating to computer-related crimes.
732
34.30. Chapter 817, relating to fraudulent practices, false
733
pretenses, fraud generally, and credit card crimes.
734
35.31. Chapter 825, relating to abuse, neglect, or
735
exploitation of an elderly person or disabled adult.
736
36.32. Section 827.071, relating to commercial sexual
737
exploitation of children.
738
37.33. Chapter 831, relating to forgery and counterfeiting.
739
38.34. Chapter 832, relating to issuance of worthless
740
checks and drafts.
741
39.35. Section 836.05, relating to extortion.
742
40.36. Chapter 837, relating to perjury.
743
41.37. Chapter 838, relating to bribery and misuse of
744
public office.
745
42.38. Chapter 843, relating to obstruction of justice.
747
or s. 847.07, relating to obscene literature and profanity.
749
s. 849.25, relating to gambling.
750
45.41. Chapter 874, relating to criminal street gangs.
751
46.42. Chapter 893, relating to drug abuse prevention and
752
control.
753
47.43. Chapter 896, relating to offenses related to
754
financial transactions.
756
with or harassing a witness, victim, or informant, and
757
retaliation against a witness, victim, or informant.
759
with jurors and evidence.
760
(3) "Enterprise" means any individual, sole proprietorship,
761
partnership, corporation, business trust, union chartered under
762
the laws of this state, or other legal entity, or any unchartered
763
union, association, or group of individuals associated in fact
764
although not a legal entity; and it includes illicit as well as
765
licit enterprises and governmental, as well as other, entities. A
766
criminal street gang, as defined in s. 874.03, constitutes an
767
enterprise.
768
Section 20. Subsection (2) of section 903.046, Florida
769
Statutes, is amended to read:
770
903.046 Purpose of and criteria for bail determination.--
771
(2) When determining whether to release a defendant on bail
772
or other conditions, and what that bail or those conditions may
773
be, the court shall consider:
774
(a) The nature and circumstances of the offense charged.
775
(b) The weight of the evidence against the defendant.
776
(c) The defendant's family ties, length of residence in the
777
community, employment history, financial resources, and mental
778
condition.
779
(d) The defendant's past and present conduct, including any
780
record of convictions, previous flight to avoid prosecution, or
781
failure to appear at court proceedings. However, any defendant
782
who had failed to appear on the day of any required court
783
proceeding in the case at issue, but who had later voluntarily
784
appeared or surrendered, shall not be eligible for a recognizance
785
bond; and any defendant who failed to appear on the day of any
786
required court proceeding in the case at issue and who was later
787
arrested shall not be eligible for a recognizance bond or for any
788
form of bond which does not require a monetary undertaking or
789
commitment equal to or greater than $2,000 or twice the value of
790
the monetary commitment or undertaking of the original bond,
791
whichever is greater. Notwithstanding anything in this section,
792
the court has discretion in determining conditions of release if
793
the defendant proves circumstances beyond his or her control for
794
the failure to appear. This section may not be construed as
795
imposing additional duties or obligations on a governmental
796
entity related to monetary bonds.
797
(e) The nature and probability of danger which the
798
defendant's release poses to the community.
799
(f) The source of funds used to post bail or procure an
800
appearance bond, particularly whether the proffered funds, real
801
property, property, or any proposed collateral or bond premium
802
may be linked to or derived from the crime alleged to have been
803
committed or from any other criminal or illicit activities. The
804
burden of establishing the noninvolvement in or nonderivation
805
from criminal or other illicit activity of such proffered funds,
806
real property, property, or any proposed collateral or bond
807
premium falls upon the defendant or other person proffering them
808
to obtain the defendant's release.
809
(g) Whether the defendant is already on release pending
810
resolution of another criminal proceeding or on probation,
811
parole, or other release pending completion of a sentence.
812
(h) The street value of any drug or controlled substance
813
connected to or involved in the criminal charge. It is the
814
finding and intent of the Legislature that crimes involving drugs
815
and other controlled substances are of serious social concern,
816
that the flight of defendants to avoid prosecution is of similar
817
serious social concern, and that frequently such defendants are
818
able to post monetary bail using the proceeds of their unlawful
819
enterprises to defeat the social utility of pretrial bail.
820
Therefore, the courts should carefully consider the utility and
821
necessity of substantial bail in relation to the street value of
822
the drugs or controlled substances involved.
823
(i) The nature and probability of intimidation and danger
824
to victims.
825
(j) Whether there is probable cause to believe that the
826
defendant committed a new crime while on pretrial release.
827
(k) Any other facts that the court considers relevant.
828
(l) Whether the crime charged is a violation of chapter 874
829
or alleged to be subject to enhanced punishment under chapter
830
874. If any such violation is charged against a defendant or if
831
the defendant is charged with a crime that is alleged to be
832
subject to such enhancement, he or she shall not be eligible for
833
release on bail or surety bond until the first appearance on the
834
case in order to ensure the full participation of the prosecutor
835
and the protection of the public.
836
Section 21. Section 914.22, Florida Statutes, is amended to
837
read:
838
914.22 Tampering with or harassing a witness, victim, or
839
informant; penalties.--
840
(1) A person who knowingly uses intimidation or physical
841
force, or threatens another person, or attempts to do so, or
842
engages in misleading conduct toward another person, or offers
843
pecuniary benefit or gain to another person, with intent to cause
844
or induce any person to:
845
(a) Withhold testimony, or withhold a record, document, or
846
other object, from an official investigation or official
847
proceeding;
848
(b) Alter, destroy, mutilate, or conceal an object with
849
intent to impair the integrity or availability of the object for
850
use in an official investigation or official proceeding;
851
(c) Evade legal process summoning that person to appear as
852
a witness, or to produce a record, document, or other object, in
853
an official investigation or an official proceeding;
854
(d) Be absent from an official proceeding to which such
855
person has been summoned by legal process;
856
(e) Hinder, delay, or prevent the communication to a law
857
enforcement officer or judge of information relating to the
858
commission or possible commission of an offense or a violation of
859
a condition of probation, parole, or release pending a judicial
860
proceeding; or
861
(f) Testify untruthfully in an official investigation or an
862
official proceeding,
863
864
commits the crime of tampering with a witness, victim, or
865
informant a felony of the third degree, punishable as provided in
867
(2) Tampering with a witness, victim, or informant is a:
868
(a) Felony of the third degree, punishable as provided in
870
investigation or official proceeding affected involves the
871
investigation or prosecution of a misdemeanor.
872
(b) Felony of the second degree, punishable as provided in
874
investigation or official proceeding affected involves the
875
investigation or prosecution of a third degree felony.
876
(c) Felony of the first degree, punishable as provided in
878
investigation or official proceeding affected involves the
879
investigation or prosecution of a second degree felony.
880
(d) Felony of the first degree, punishable by a term of
881
years not exceeding life or as provided in s. 775.082, s.
883
official proceeding affected involves the investigation or
884
prosecution of a first degree felony or a first degree felony
885
punishable by a term of years not exceeding life.
886
(e) Life felony, punishable as provided in s. 775.082, s.
888
official proceeding affected involves the investigation or
889
prosecution of a life or capital felony.
890
(f) Felony of the third degree, punishable as provided in
892
the affected official investigation or official proceeding is
893
indeterminable or where the affected official investigation or
894
official proceeding involves a noncriminal investigation or
895
proceeding.
896
(3)(2) Whoever intentionally harasses another person and
897
thereby hinders, delays, prevents, or dissuades any person from:
898
(a) Attending or testifying in an official proceeding or
899
cooperating in an official investigation;
900
(b) Reporting to a law enforcement officer or judge the
901
commission or possible commission of an offense or a violation of
902
a condition of probation, parole, or release pending a judicial
903
proceeding;
904
(c) Arresting or seeking the arrest of another person in
905
connection with an offense; or
906
(d) Causing a criminal prosecution, or a parole or
907
probation revocation proceeding, to be sought or instituted, or
908
from assisting in such prosecution or proceeding;
909
910
or attempts to do so, commits the crime of harassing a witness,
911
victim, or informant is guilty of a misdemeanor of the first
913
(4) Harassing a witness, victim, or informant is a:
914
(a) Misdemeanor of the first degree, punishable as provided
916
official proceeding affected involves the investigation or
917
prosecution of a misdemeanor.
918
(b) Felony of the third degree, punishable as provided in
920
investigation or official proceeding affected involves the
921
investigation or prosecution of a third degree felony.
922
(c) Felony of the second degree, punishable as provided in
924
investigation or official proceeding affected involves the
925
investigation or prosecution of a second degree felony.
926
(d) Felony of the first degree, punishable as provided in
928
investigation or official proceeding affected involves the
929
investigation or prosecution of a first degree felony.
930
(e) Felony of the first degree, punishable by a term of
931
years not exceeding life or as provided in s. 775.082, s.
933
official proceeding affected involves the investigation or
934
prosecution of a felony of the first degree punishable by a term
935
of years not exceeding life or a prosecution of a life or capital
936
felony.
937
(f) Felony of the third degree, punishable as provided in
939
the affected official investigation or official proceeding is
940
indeterminable or where the affected official investigation or
941
official proceeding involves a noncriminal investigation or
942
proceeding.
943
(5)(3) For the purposes of this section:
944
(a) An official proceeding need not be pending or about to
945
be instituted at the time of the offense; and
946
(b) The testimony or the record, document, or other object
947
need not be admissible in evidence or free of a claim of
948
privilege.
949
(6)(4) In a prosecution for an offense under this section,
950
no state of mind need be proved with respect to the circumstance:
951
(a) That the official proceeding before a judge, court,
952
grand jury, or government agency is before a judge or court of
953
the state, a state or local grand jury, or a state agency; or
954
(b) That the judge is a judge of the state or that the law
955
enforcement officer is an officer or employee of the state or a
956
person authorized to act for or on behalf of the state or serving
957
the state as an adviser or consultant.
958
Section 22. Section 943.031, Florida Statutes, is amended
959
to read:
960
943.031 Florida Violent Crime and Drug Control Council.--
961
(1) FINDINGS.--The Legislature finds that there is a need
962
to develop and implement a statewide strategy to address violent
963
criminal activity, including crimes committed by criminal gangs,
964
and drug control efforts by state and local law enforcement
965
agencies, including investigations of illicit money laundering.
966
In recognition of this need, the Florida Violent Crime and Drug
967
Control Council is created within the department. The council
968
shall serve in an advisory capacity to the department.
969
(2)(1) MEMBERSHIP.--The council shall consist of 14
970
members, as follows:
971
(a) The Attorney General or a designate.
972
(b) A designate of the executive director of the Department
973
of Law Enforcement.
974
(c) The secretary of the Department of Corrections or a
975
designate.
976
(d) The Secretary of Juvenile Justice or a designate.
977
(e) The Commissioner of Education or a designate.
978
(f) The president of the Florida Network of Victim/Witness
979
Services, Inc., or a designate.
980
(g) The director of the Office of Drug Control within the
981
Executive Office of the Governor, or a designate.
982
(h) The Chief Financial Officer, or a designate.
983
(i) Six members appointed by the Governor, consisting of
984
two sheriffs, two chiefs of police, one medical examiner, and one
985
state attorney or their designates.
986
987
The Governor, when making appointments under this subsection,
988
must take into consideration representation by geography,
989
population, ethnicity, and other relevant factors to ensure that
990
the membership of the council is representative of the state at
991
large. Designates appearing on behalf of a council member who is
992
unable to attend a meeting of the council are empowered to vote
993
on issues before the council to the same extent the designating
994
council member is so empowered.
995
(3)(2) TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION;
996
STAFF.--
997
(a) Members appointed by the Governor shall be appointed
998
for terms of 2 years. The other members are standing members of
999
the council. In no event shall a member serve beyond the time he
1000
or she ceases to hold the office or employment which was the
1001
basis for appointment to the council. In the event of a vacancy,
1002
an appointment to fill the vacancy shall be only for the
1003
unexpired term.
1004
(b) The Legislature finds that the council serves a
1005
legitimate state, county, and municipal purpose and that service
1006
on the council is consistent with a member's principal service in
1007
a public office or employment. Membership on the council does not
1008
disqualify a member from holding any other public office or being
1009
employed by a public entity, except that no member of the
1010
Legislature shall serve on the council.
1011
(c) The members of the council shall elect a chair and a
1012
vice chair every 2 years, to serve for a 2-year term. As deemed
1013
appropriate, other officers may be elected by the members.
1014
(d) Members of the council or their designates shall serve
1015
without compensation but are entitled to reimbursement for per
1016
diem and travel expenses pursuant to s. 112.061. Reimbursements
1017
made pursuant to this paragraph may be paid from either the
1018
Violent Crime Investigative Emergency and Drug Control Strategy
1019
Implementation Account within the Department of Law Enforcement
1020
Operating Trust Fund or from other appropriations provided to the
1021
department by the Legislature in the General Appropriations Act.
1022
(e) The department shall provide the council with staff
1023
necessary to assist the council in the performance of its duties.
1024
(4)(3) MEETINGS.--The council must meet at least
1025
semiannually. Additional meetings may be held when it is
1026
determined by the chair that extraordinary circumstances require
1027
an additional meeting of the council. A majority of the members
1028
of the council constitutes a quorum.
1029
(5)(4) DUTIES OF COUNCIL.--The council shall provide advice
1030
and make recommendations, as necessary, to the executive director
1031
of the department.
1032
(a) The council may advise the executive director on the
1033
feasibility of undertaking initiatives which include, but are not
1034
limited to, the following:
1035
1. Establishing a program which provides grants to criminal
1036
justice agencies that develop and implement effective violent
1037
crime prevention and investigative programs and which provides
1038
grants to law enforcement agencies for the purpose of drug
1039
control, criminal gang, and illicit money laundering
1040
investigative efforts or task force efforts that are determined
1041
by the council to significantly contribute to achieving the
1042
state's goal of reducing drug-related crime as articulated by the
1043
Office of Drug Control, that represent significant criminal gang
1044
investigative efforts, that represent a significant illicit money
1045
laundering investigative effort, or that otherwise significantly
1046
support statewide strategies developed by the Statewide Drug
1047
Policy Advisory Council established under s. 397.333, subject to
1048
the limitations provided in this section. The grant program may
1049
include an innovations grant program to provide startup funding
1050
for new initiatives by local and state law enforcement agencies
1051
to combat violent crime or to implement drug control, criminal
1052
gang, or illicit money laundering investigative efforts or task
1053
force efforts by law enforcement agencies, including, but not
1054
limited to, initiatives such as:
1055
a. Providing enhanced community-oriented policing.
1056
b. Providing additional undercover officers and other
1057
investigative officers to assist with violent crime
1058
investigations in emergency situations.
1059
c. Providing funding for multiagency or statewide drug
1060
control, criminal gang, or illicit money laundering investigative
1061
efforts or task force efforts that cannot be reasonably funded
1062
completely by alternative sources and that significantly
1063
contribute to achieving the state's goal of reducing drug-related
1064
crime as articulated by the Office of Drug Control, that
1065
represent significant criminal gang investigative efforts, that
1066
represent a significant illicit money laundering investigative
1067
effort, or that otherwise significantly support statewide
1068
strategies developed by the Statewide Drug Policy Advisory
1069
Council established under s. 397.333.
1070
2. Expanding the use of automated fingerprint
1071
identification systems at the state and local level.
1072
3. Identifying methods to prevent violent crime.
1073
4. Identifying methods to enhance multiagency or statewide
1074
drug control, criminal gang, or illicit money laundering
1075
investigative efforts or task force efforts that significantly
1076
contribute to achieving the state's goal of reducing drug-related
1077
crime as articulated by the Office of Drug Control, that
1078
represent significant criminal gang investigative efforts, that
1079
represent a significant illicit money laundering investigative
1080
effort, or that otherwise significantly support statewide
1081
strategies developed by the Statewide Drug Policy Advisory
1082
Council established under s. 397.333.
1083
5. Enhancing criminal justice training programs which
1084
address violent crime, drug control, or illicit money laundering
1085
investigative techniques, or efforts to control and eliminate
1086
criminal gangs.
1087
6. Developing and promoting crime prevention services and
1088
educational programs that serve the public, including, but not
1089
limited to:
1090
a. Enhanced victim and witness counseling services that
1091
also provide crisis intervention, information referral,
1092
transportation, and emergency financial assistance.
1093
b. A well-publicized rewards program for the apprehension
1094
and conviction of criminals who perpetrate violent crimes.
1095
7. Enhancing information sharing and assistance in the
1096
criminal justice community by expanding the use of community
1097
partnerships and community policing programs. Such expansion may
1098
include the use of civilian employees or volunteers to relieve
1099
law enforcement officers of clerical work in order to enable the
1100
officers to concentrate on street visibility within the
1101
community.
1102
(b) The full council shall:
1103
1. Receive periodic reports from regional violent crime
1104
investigation and statewide drug control strategy implementation
1105
coordinating teams which relate to violent crime trends or the
1106
investigative needs or successes in the regions, including
1107
discussions regarding the activity of significant criminal gangs
1108
in the region, factors, and trends relevant to the implementation
1109
of the statewide drug strategy, and the results of drug control
1110
and illicit money laundering investigative efforts funded in part
1111
by the council.
1112
2. Maintain and use utilize criteria for the disbursement
1113
of funds from the Violent Crime Investigative Emergency and Drug
1114
Control Strategy Implementation Account or any other account from
1115
which the council may disburse proactive investigative funds as
1116
may be established within the Department of Law Enforcement
1117
Operating Trust Fund or other appropriations provided to the
1118
Department of Law Enforcement by the Legislature in the General
1119
Appropriations Act. The criteria shall allow for the advancement
1120
of funds to reimburse agencies regarding violent crime
1121
investigations as approved by the full council and the
1122
advancement of funds to implement proactive drug control
1123
strategies or significant criminal gang investigative efforts as
1124
authorized by the Drug Control Strategy and Criminal Gang
1125
Committee or the Victim and Witness Protection Review Committee.
1126
Regarding violent crime investigation reimbursement, an expedited
1127
approval procedure shall be established for rapid disbursement of
1128
funds in violent crime emergency situations.
1129
(c) As used in this section, "significant criminal gang
1130
investigative efforts" eligible for proactive funding must
1131
involve at a minimum an effort against a known criminal gang
1132
that:
1133
1. Involves multiple law enforcement agencies.
1134
2. Reflects a dedicated significant investigative effort on
1135
the part of each participating agency in personnel, time devoted
1136
to the investigation, and agency resources dedicated to the
1137
effort.
1138
3. Reflects a dedicated commitment by a prosecuting
1139
authority to ensure that cases developed by the investigation
1140
will be timely and effectively prosecuted.
1141
4. Demonstrates a strategy and commitment to dismantling
1142
the criminal gang via seizures of assets, significant money
1143
laundering and organized crime investigations and prosecutions,
1144
or similar efforts.
1145
1146
The council may require satisfaction of additional elements, to
1147
include reporting criminal investigative and criminal
1148
intelligence information related to criminal gang activity and
1149
members in a manner required by the department, as a prerequisite
1150
for receiving proactive criminal gang funding.
1151
(6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.--
1152
(a) The Drug Control Strategy and Criminal Gang Committee
1153
is created within the Florida Violent Crime and Drug Control
1154
Council, consisting of the following council members:
1155
1. The Attorney General or a designate.
1156
2. The designate of the executive director of the
1157
Department of Law Enforcement.
1158
3. The secretary of the Department of Corrections or a
1159
designate.
1160
4. The director of the Office of Drug Control within the
1161
Executive Office of the Governor or a designate.
1162
5. The state attorney, the two sheriffs, and the two chiefs
1163
of police, or their designates.
1164
(b) The committee shall
1165
3. review and approve all requests for disbursement of
1166
funds from the Violent Crime Investigative Emergency and Drug
1167
Control Strategy Implementation Account within the Department of
1168
Law Enforcement Operating Trust Fund and from other
1169
appropriations provided to the department by the Legislature in
1170
the General Appropriations Act. An expedited approval procedure
1171
shall be established for rapid disbursement of funds in violent
1172
crime emergency situations.
1173
(c) Those receiving any proactive funding provided by the
1174
council through the committee shall be required to report the
1175
results of the investigations to the council once the
1176
investigation has been completed. The committee shall also
1177
require ongoing status reports on ongoing investigations using
1178
such findings in its closed sessions.
1179
(7)(5) REPORTS.--The council shall report annually on its
1180
activities, on or before December 30 of each calendar year, to
1181
the executive director, the President of the Senate, the Speaker
1182
of the House of Representatives, and the chairs of the Senate and
1183
House committees having principal jurisdiction over criminal law.
1184
Comments and responses of the executive director to the report
1185
are to be included.
1186
(8)(6) VICTIM AND WITNESS PROTECTION REVIEW COMMITTEE.--
1187
(a) The Victim and Witness Protection Review Committee is
1188
created within the Florida Violent Crime and Drug Control
1189
Council, consisting of the statewide prosecutor or a state
1190
attorney, a sheriff, a chief of police, and the designee of the
1191
executive director of the Department of Law Enforcement. The
1192
committee shall be appointed from the membership of the council
1193
by the chair of the council after the chair has consulted with
1194
the executive director of the Department of Law Enforcement.
1195
Committee members shall meet in conjunction with the meetings of
1196
the council.
1197
(b) The committee shall:
1198
1. Maintain and use utilize criteria for disbursing funds
1199
to reimburse law enforcement agencies for costs associated with
1200
providing victim and witness protective or temporary relocation
1201
services.
1202
2. Review and approve or deny, in whole or in part, all
1203
reimbursement requests submitted by law enforcement agencies.
1204
(c) The lead law enforcement agency providing victim or
1205
witness protective or temporary relocation services pursuant to
1206
the provisions of s. 914.25 may submit a request for
1207
reimbursement to the Victim and Witness Protection Review
1208
Committee in a format approved by the committee. The lead law
1209
enforcement agency shall submit such reimbursement request on
1210
behalf of all law enforcement agencies that cooperated in
1211
providing protective or temporary relocation services related to
1212
a particular criminal investigation or prosecution. As part of
1213
the reimbursement request, the lead law enforcement agency must
1214
indicate how any reimbursement proceeds will be distributed among
1215
the agencies that provided protective or temporary relocation
1216
services.
1217
(d) The committee, in its discretion, may use funds
1218
available to the committee to provide all or partial
1219
reimbursement to the lead law enforcement agency for such costs,
1220
or may decline to provide any reimbursement.
1221
(e) The committee may conduct its meeting by teleconference
1222
or conference phone calls when the chair of the committee finds
1223
that the need for reimbursement is such that delaying until the
1224
next scheduled council meeting will adversely affect the
1225
requesting agency's ability to provide the protection services.
1226
(9)(7) CONFIDENTIALITY; EXEMPTED PORTIONS OF COUNCIL
1227
MEETINGS AND RECORDS.--
1228
(a) The Legislature finds that during limited portions of
1229
the meetings of the Florida Violent Crime and Drug Control
1230
Council it is necessary that the council be presented with and
1231
discuss details, information, and documents related to active
1232
criminal investigations or matters constituting active criminal
1233
intelligence, as those concepts are defined by s. 119.011. These
1234
presentations and discussions are necessary for the council to
1235
make its funding decisions as required by the Legislature. The
1236
Legislature finds that to reveal the contents of documents
1237
containing active criminal investigative or intelligence
1238
information or to allow active criminal investigative or active
1239
criminal intelligence matters to be discussed in a meeting open
1240
to the public negatively impacts the ability of law enforcement
1241
agencies to efficiently continue their investigative or
1242
intelligence gathering activities. The Legislature finds that
1243
information coming before the council that pertains to active
1244
criminal investigations or intelligence should remain
1245
confidential and exempt from public disclosure. The Legislature
1246
finds that the Florida Violent Crime and Drug Control Council
1247
may, by declaring only those portions of council meetings in
1248
which active criminal investigative or active criminal
1249
intelligence information is to be presented or discussed closed
1250
to the public, assure an appropriate balance between the policy
1251
of this state that meetings be public and the policy of this
1252
state to facilitate efficient law enforcement efforts.
1253
(b) The Florida Violent Crime and Drug Control Council
1254
shall be considered a "criminal justice agency" within the
1255
definition of s. 119.011(4).
1256
(c)1. The Florida Violent Crime and Drug Control Council
1257
may close portions of meetings during which the council will hear
1258
or discuss active criminal investigative information or active
1259
criminal intelligence information, and such portions of meetings
1260
shall be exempt from the provisions of s. 286.011 and s. 24(b),
1261
Art. I of the State Constitution, provided that the following
1262
conditions are met:
1263
a. The chair of the council shall advise the council at a
1264
public meeting that, in connection with the performance of a
1265
council duty, it is necessary that the council hear or discuss
1266
active criminal investigative information or active criminal
1267
intelligence information.
1268
b. The chair's declaration of necessity for closure and the
1269
specific reasons for such necessity shall be stated in writing in
1270
a document that shall be a public record and shall be filed with
1271
the official records of the council.
1272
c. The entire closed session shall be recorded. The
1273
recording shall include the times of commencement and termination
1274
of the closed session, all discussion and proceedings, and the
1275
names of all persons present. No portion of the session shall be
1276
off the record. Such recording shall be maintained by the
1277
council.
1278
2. Only members of the council, Department of Law
1279
Enforcement staff supporting the council's function, and other
1280
persons whose presence has been authorized by the chair of the
1281
council shall be allowed to attend the exempted portions of the
1282
council meetings. The council shall assure that any closure of
1283
its meetings as authorized by this section is limited so that the
1284
general policy of this state in favor of public meetings is
1285
maintained.
1286
(d) A tape recording of, and any minutes and notes
1287
generated during, that portion of a Florida Violent Crime and
1288
Drug Control Council meeting which is closed to the public
1289
pursuant to this section are confidential and exempt from s.
1290
119.07(1) and s. 24(a), Art. I of the State Constitution until
1291
such time as the criminal investigative information or criminal
1292
intelligence information ceases to be active.
1293
Section 23. Subsection (3) is added to section 948.03,
1294
Florida Statutes, to read:
1295
948.03 Terms and conditions of probation.--
1296
(3) As a condition of an order sentencing a person to
1297
probation, community control, or any other court-ordered
1298
community supervision, and subject to the ability of the person
1299
to pay postjudgment obligations, the court may order the posting
1300
of a surety bond to secure the appearance of the person at any
1301
subsequent court proceeding. The surety bond must be filed by a
1302
bail agent with the sheriff who shall provide a copy to the clerk
1303
of the court. Upon written notice by the court or the clerk of
1304
the court, the bail agent shall produce the person to the court.
1305
The bail agent shall surrender the person to the sheriff after
1306
the bail agent receives a written notice, e-mail, or facsimile
1307
notice from the probation officer that the person has violated
1308
the terms of probation, community control, or court-ordered
1309
community supervision. If the bail agent does not surrender the
1310
person to the sheriff after receiving notice from the probation
1311
officer or does not produce the person in court at the time
1312
noticed by the court or the clerk of court, the bond shall be
1313
forfeited in accordance with chapters 648 and 903. Failure to
1314
appear shall be the sole grounds for forfeiture of the appearance
1315
bond. If not inconsistent with this subsection, chapters 648 and
1316
903 shall govern the relationship between the parties to the
1317
bond.
1318
Section 24. Section 948.033, Florida Statutes, is created
1319
to read:
1320
948.033 Condition of probation or community control;
1321
criminal gang.--Effective for a probationer or community
1322
controllee whose crime was committed on or after October 1, 2008,
1323
and who has been found to have committed the crime for the
1324
purpose of benefiting, promoting, or furthering the interests of
1325
criminal gang, the court shall, in addition to any other
1326
conditions imposed, impose a condition prohibiting the
1327
probationer or community controllee from knowingly associating
1328
with other criminal gang members or associates, except as
1329
authorized by law enforcement officials, prosecutorial
1330
authorities, or the court, for the purpose of aiding in the
1331
investigation of criminal activity.
1332
Section 25. Section 947.18, Florida Statutes, is amended to
1333
read:
1334
947.18 Conditions of parole.--No person shall be placed on
1335
parole merely as a reward for good conduct or efficient
1336
performance of duties assigned in prison. No person shall be
1337
placed on parole until and unless the commission finds that there
1338
is reasonable probability that, if the person is placed on
1339
parole, he or she will live and conduct himself or herself as a
1340
respectable and law-abiding person and that the person's release
1341
will be compatible with his or her own welfare and the welfare of
1342
society. No person shall be placed on parole unless and until the
1343
commission is satisfied that he or she will be suitably employed
1344
in self-sustaining employment or that he or she will not become a
1345
public charge. The commission shall determine the terms upon
1346
which such person shall be granted parole. If the person's
1347
conviction was for a controlled substance violation, one of the
1348
conditions must be that the person submit to random substance
1349
abuse testing intermittently throughout the term of supervision,
1350
upon the direction of the correctional probation officer as
1351
defined in s. 943.10(3). In addition to any other lawful
1352
condition of parole, the commission may make the payment of the
1353
debt due and owing to the state under s. 960.17 or the payment of
1354
the attorney's fees and costs due and owing to the state under s.
1355
938.29 a condition of parole subject to modification based on
1356
change of circumstances. If the person's conviction was for a
1357
crime that was found to have been committed for the purpose of
1358
benefiting, promoting, or furthering the interests of a criminal
1359
gang, one of the conditions must be that the person be prohibited
1360
from knowingly associating with other criminal gang members or
1361
associates, except as authorized by law enforcement officials,
1362
prosecutorial authorities, or the court, for the purpose of
1363
aiding in the investigation of criminal activity.
1364
Section 26. Subsection (11) is added to section 947.1405,
1365
Florida Statutes, to read:
1366
947.1405 Conditional release program.--
1367
(11) Effective for a releasee whose crime was committed on
1368
or after October 1, 2008, and who has been found to have
1369
committed the crime for the purpose of benefiting, promoting, or
1370
furthering the interests of a criminal gang, the commission
1371
shall, in addition to any other conditions imposed, impose a
1372
condition prohibiting the releasee from knowingly associating
1373
with other criminal gang members or associates, except as
1374
authorized by law enforcement officials, prosecutorial
1375
authorities, or the court, for the purpose of aiding in the
1376
investigation of criminal activity.
1377
Section 27. Subsection (2) of section 893.138, Florida
1378
Statutes, is amended to read:
1379
893.138 Local administrative action to abate drug-related,
1380
prostitution-related, or stolen-property-related public nuisances
1381
and criminal street gang activity.--
1382
(2) Any place or premises that has been used:
1383
(a) On more than two occasions within a 6-month period, as
1384
the site of a violation of s. 796.07;
1385
(b) On more than two occasions within a 6-month period, as
1386
the site of the unlawful sale, delivery, manufacture, or
1387
cultivation of any controlled substance;
1388
(c) On one occasion as the site of the unlawful possession
1389
of a controlled substance, where such possession constitutes a
1390
felony and that has been previously used on more than one
1391
occasion as the site of the unlawful sale, delivery, manufacture,
1392
or cultivation of any controlled substance;
1393
(d) By a criminal street gang for the purpose of conducting
1394
a pattern of criminal street gang activity as defined by s.
1395
874.03; or
1396
(e) On more than two occasions within a 6-month period, as
1397
the site of a violation of s. 812.019 relating to dealing in
1398
stolen property
1399
1400
may be declared to be a public nuisance, and such nuisance may be
1401
abated pursuant to the procedures provided in this section.
1402
Section 28. Paragraphs (d), (e), and (g) of subsection (3)
1403
of section 921.0022, Florida Statutes, are amended to read:
1404
921.0022 Criminal Punishment Code; offense severity ranking
1405
chart.--
1406
(3) OFFENSE SEVERITY RANKING CHART
1407
(d) LEVEL 4
1408
| FloridaStatute | FelonyDegree | Description |
1409
| 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. |
1410
| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
1411
| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
1412
| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
1413
| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
1414
| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
1415
| 784.075 | 3rd | Battery on detention or commitment facility staff. |
1416
| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
1417
| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
1418
| 784.081(3) | 3rd | Battery on specified official or employee. |
1419
| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
1420
| 784.083(3) | 3rd | Battery on code inspector. |
1421
| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
1422
| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
1423
| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
1424
| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
1425
| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
1426
| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
1427
| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
1428
| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
1429
| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
1430
| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
1431
| 810.06 | 3rd | Burglary; possession of tools. |
1432
| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
1433
| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
1434
| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
1435
| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
1436
| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
1437
| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
1438
| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
1439
| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
1440
| 837.02(1) | 3rd | Perjury in official proceedings. |
1441
| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
1442
| 838.022 | 3rd | Official misconduct. |
1443
| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
1444
| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
1445
| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
1446
| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
1447
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
1448
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
1449
| 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). |
1450
| 914.14(2) | 3rd | Witnesses accepting bribes. |
1451
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
1452
| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
1453
| 918.12 | 3rd | Tampering with jurors. |
1454
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
1455
1456
(e) LEVEL 5
1457
| FloridaStatute | FelonyDegree | Description |
1458
| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
1459
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
1460
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
1461
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
1462
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
1463
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
1464
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
1465
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
1466
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
1467
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
1468
| 790.01(2) | 3rd | Carrying a concealed firearm. |
1469
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
1470
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
1471
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
1472
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
1473
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
1474
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
1475
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
1476
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
1477
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
1478
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
1479
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
1480
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
1481
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
1482
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
1483
| 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. |
1484
| 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. |
1485
| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
1486
| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
1487
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
1488
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
1489
| 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. |
1490
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
1491
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
1492
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
1493
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
1494
| 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). |
1495
| 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. |
1496
| 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. |
1497
| 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. |
1498
| 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. |
1499
| 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). |
1500
1501
(g) LEVEL 7
1502
| FloridaStatute | FelonyDegree | Description |
1503
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
1504
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
1505
| 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. |
1506
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
1507
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
1508
| 409.920(2) | 3rd | Medicaid provider fraud. |
1509
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
1510
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
1511
| 458.327(1) | 3rd | Practicing medicine without a license. |
1512
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
1513
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
1514
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
1515
| 462.17 | 3rd | Practicing naturopathy without a license. |
1516
| 463.015(1) | 3rd | Practicing optometry without a license. |
1517
| 464.016(1) | 3rd | Practicing nursing without a license. |
1518
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
1519
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
1520
| 467.201 | 3rd | Practicing midwifery without a license. |
1521
| 468.366 | 3rd | Delivering respiratory care services without a license. |
1522
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
1523
| 483.901(9) | 3rd | Practicing medical physics without a license. |
1524
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
1525
| 484.053 | 3rd | Dispensing hearing aids without a license. |
1526
| 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. |
1527
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
1528
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
1529
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
1530
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
1531
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
1532
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
1533
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
1534
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
1535
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
1536
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
1537
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
1538
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
1539
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
1540
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
1541
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
1542
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
1543
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
1544
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
1545
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
1546
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
1547
| 784.083(1) | 1st | Aggravated battery on code inspector. |
1548
1549
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
1550
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
1551
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
1552
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
1553
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
1554
| 790.23 | 1st | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
1555
| 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. |
1556
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
1557
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
1558
| 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. |
1559
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
1560
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
1561
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
1562
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
1563
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
1564
| 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. |
1565
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
1566
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
1567
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
1568
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
1569
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
1570
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
1571
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
1572
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
1573
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
1574
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
1575
| 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. |
1576
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
1577
| 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. |
1578
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
1579
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
1580
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
1581
| 838.015 | 2nd | Bribery. |
1582
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
1583
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
1584
| 838.22 | 2nd | Bid tampering. |
1585
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
1586
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
1587
| 872.06 | 2nd | Abuse of a dead human body. |
1588
| 874.10 | 1st | Directing the activities of a criminal gang. |
1589
| 874.13 | 1st | Commission of a gang-related offense by a habitual felony offender. |
1590
| 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. |
1591
| 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. |
1592
| 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). |
1593
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
1594
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
1595
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
1596
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
1597
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
1598
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
1599
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
1600
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
1601
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
1602
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
1603
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
1604
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
1605
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
1606
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
1607
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
1608
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
1609
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
1610
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
1611
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
1612
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
1613
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
1614
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
1615
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
1616
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
1617
1618
Section 29. Subsection (1) of section 921.0024, Florida
1619
Statutes, is amended to read:
1620
921.0024 Criminal Punishment Code; worksheet computations;
1621
scoresheets.--
1622
(1)(a) The Criminal Punishment Code worksheet is used to
1623
compute the subtotal and total sentence points as follows:
1624
1625
FLORIDA CRIMINAL PUNISHMENT CODE
1626
WORKSHEET
1627
1628
OFFENSE SCORE
1629
1630
Primary Offense
1631
| Level | Sentence Points | Total |
1632
1633
| 10 | 116 | = | _____ |
1634
| 9 | 92 | = | _____ |
1635
| 8 | 74 | = | _____ |
1636
| 7 | 56 | = | _____ |
1637
| 6 | 36 | = | _____ |
1638
| 5 | 28 | = | _____ |
1639
| 4 | 22 | = | _____ |
1640
| 3 | 16 | = | _____ |
1641
| 2 | 10 | = | _____ |
1642
| 1 | 4 | = | _____ |
1643
1644
| Total |
1645
1646
Additional Offenses
1647
| Level | Sentence Points | Counts | Total |
1648
1649
| 10 | 58 | x | _____ | = | _____ |
1650
| 9 | 46 | x | _____ | = | _____ |
1651
| 8 | 37 | x | _____ | = | _____ |
1652
| 7 | 28 | x | _____ | = | _____ |
1653
| 6 | 18 | x | _____ | = | _____ |
1654
| 5 | 5.4 | x | _____ | = | _____ |
1655
| 4 | 3.6 | x | _____ | = | _____ |
1656
| 3 | 2.4 | x | _____ | = | _____ |
1657
| 2 | 1.2 | x | _____ | = | _____ |
1658
| 1 | 0.7 | x | _____ | = | _____ |
1659
| M | 0.2 | x | _____ | = | _____ |
1660
1661
| Total |
1662
1663
Victim Injury
1664
| Level | Sentence Points | Number | Total |
1665
1666
| 2nd degree murder- death | 240 | x | _____ | = | _____ |
1667
| Death | 120 | x | _____ | = | _____ |
1668
| Severe | 40 | x | _____ | = | _____ |
1669
| Moderate | 18 | x | _____ | = | _____ |
1670
| Slight | 4 | x | _____ | = | _____ |
1671
| Sexual penetration | 80 | x | _____ | = | _____ |
1672
| Sexual contact | 40 | x | _____ | = | _____ |
1673
1674
| Total |
1675
1676
Primary Offense + Additional Offenses + Victim Injury =
1677
TOTAL OFFENSE SCORE
1678
1679
PRIOR RECORD SCORE
1680
1681
Prior Record
1682
| Level | Sentence Points | Number | Total |
1683
1684
| 10 | 29 | x | _____ | = | _____ |
1685
| 9 | 23 | x | _____ | = | _____ |
1686
| 8 | 19 | x | _____ | = | _____ |
1687
| 7 | 14 | x | _____ | = | _____ |
1688
| 6 | 9 | x | _____ | = | _____ |
1689
| 5 | 3.6 | x | _____ | = | _____ |
1690
| 4 | 2.4 | x | _____ | = | _____ |
1691
| 3 | 1.6 | x | _____ | = | _____ |
1692
| 2 | 0.8 | x | _____ | = | _____ |
1693
| 1 | 0.5 | x | _____ | = | _____ |
1694
| M | 0.2 | x | _____ | = | _____ |
1695
1696
| Total |
1697
1698
TOTAL OFFENSE SCORE
1699
TOTAL PRIOR RECORD SCORE
1700
1701
LEGAL STATUS
1702
COMMUNITY SANCTION VIOLATION
1703
PRIOR SERIOUS FELONY
1704
PRIOR CAPITAL FELONY
1705
FIREARM OR SEMIAUTOMATIC WEAPON
1706
SUBTOTAL__________
1707
1708
PRISON RELEASEE REOFFENDER (no)(yes)
1709
VIOLENT CAREER CRIMINAL (no)(yes)
1710
HABITUAL VIOLENT OFFENDER (no)(yes)
1711
HABITUAL OFFENDER (no)(yes)
1712
DRUG TRAFFICKER (no)(yes) (x multiplier)
1713
LAW ENF. PROTECT. (no)(yes) (x multiplier)
1714
MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
1715
CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1716
DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
1717
(x multiplier)
1718
1719
TOTAL SENTENCE POINTS__________
1720
1721
(b) WORKSHEET KEY:
1722
1723
Legal status points are assessed when any form of legal status
1724
existed at the time the offender committed an offense before the
1725
court for sentencing. Four (4) sentence points are assessed for
1726
an offender's legal status.
1727
1728
Community sanction violation points are assessed when a community
1729
sanction violation is before the court for sentencing. Six (6)
1730
sentence points are assessed for each community sanction
1731
violation and each successive community sanction violation,
1732
unless any of the following apply:
1733
1. If the community sanction violation includes a new
1734
felony conviction before the sentencing court, twelve (12)
1735
community sanction violation points are assessed for the
1736
violation, and for each successive community sanction violation
1737
involving a new felony conviction.
1738
2. If the community sanction violation is committed by a
1739
violent felony offender of special concern as defined in s.
1740
1741
a. Twelve (12) community sanction violation points are
1742
assessed for the violation and for each successive violation of
1743
felony probation or community control where:
1744
(I) The violation does not include a new felony conviction;
1745
and
1746
(II) The community sanction violation is not based solely
1747
on the probationer or offender's failure to pay costs or fines or
1748
make restitution payments.
1749
b. Twenty-four (24) community sanction violation points are
1750
assessed for the violation and for each successive violation of
1751
felony probation or community control where the violation
1752
includes a new felony conviction.
1753
1754
Multiple counts of community sanction violations before the
1755
sentencing court shall not be a basis for multiplying the
1756
assessment of community sanction violation points.
1757
1758
Prior serious felony points: If the offender has a primary
1759
offense or any additional offense ranked in level 8, level 9, or
1760
level 10, and one or more prior serious felonies, a single
1761
assessment of thirty (30) points shall be added. For purposes of
1762
this section, a prior serious felony is an offense in the
1763
offender's prior record that is ranked in level 8, level 9, or
1765
offender is serving a sentence of confinement, supervision, or
1766
other sanction or for which the offender's date of release from
1767
confinement, supervision, or other sanction, whichever is later,
1768
is within 3 years before the date the primary offense or any
1769
additional offense was committed.
1770
1771
Prior capital felony points: If the offender has one or more
1772
prior capital felonies in the offender's criminal record, points
1773
shall be added to the subtotal sentence points of the offender
1774
equal to twice the number of points the offender receives for the
1775
primary offense and any additional offense. A prior capital
1776
felony in the offender's criminal record is a previous capital
1777
felony offense for which the offender has entered a plea of nolo
1778
contendere or guilty or has been found guilty; or a felony in
1779
another jurisdiction which is a capital felony in that
1780
jurisdiction, or would be a capital felony if the offense were
1781
committed in this state.
1782
1783
Possession of a firearm, semiautomatic firearm, or machine gun:
1784
If the offender is convicted of committing or attempting to
1785
commit any felony other than those enumerated in s. 775.087(2)
1786
while having in his or her possession: a firearm as defined in s.
1787
790.001(6), an additional eighteen (18) sentence points are
1788
assessed; or if the offender is convicted of committing or
1789
attempting to commit any felony other than those enumerated in s.
1790
775.087(3) while having in his or her possession a semiautomatic
1791
firearm as defined in s. 775.087(3) or a machine gun as defined
1792
in s. 790.001(9), an additional twenty-five (25) sentence points
1793
are assessed.
1794
1795
Sentencing multipliers:
1796
1797
Drug trafficking: If the primary offense is drug trafficking
1798
under s. 893.135, the subtotal sentence points are multiplied, at
1799
the discretion of the court, for a level 7 or level 8 offense, by
1800
1.5. The state attorney may move the sentencing court to reduce
1801
or suspend the sentence of a person convicted of a level 7 or
1802
level 8 offense, if the offender provides substantial assistance
1803
as described in s. 893.135(4).
1804
1805
Law enforcement protection: If the primary offense is a violation
1806
of the Law Enforcement Protection Act under s. 775.0823(2), (3),
1807
or (4), the subtotal sentence points are multiplied by 2.5. If
1808
the primary offense is a violation of s. 775.0823(5), (6), (7),
1809
(8), or (9), the subtotal sentence points are multiplied by 2.0.
1810
If the primary offense is a violation of s. 784.07(3) or s.
1811
775.0875(1), or of the Law Enforcement Protection Act under s.
1812
775.0823(10) or (11), the subtotal sentence points are multiplied
1813
by 1.5.
1814
1815
Grand theft of a motor vehicle: If the primary offense is grand
1816
theft of the third degree involving a motor vehicle and in the
1817
offender's prior record, there are three or more grand thefts of
1818
the third degree involving a motor vehicle, the subtotal sentence
1819
points are multiplied by 1.5.
1820
1821
Offense related to a criminal street gang: If the offender is
1822
convicted of the primary offense and committed that offense for
1823
the purpose of benefiting, promoting, or furthering the interests
1824
of a criminal street gang as prohibited under s. 874.04, the
1825
subtotal sentence points are multiplied by 1.5.
1826
1827
Domestic violence in the presence of a child: If the offender is
1828
convicted of the primary offense and the primary offense is a
1829
crime of domestic violence, as defined in s. 741.28, which was
1830
committed in the presence of a child under 16 years of age who is
1831
a family or household member as defined in s. 741.28(3) with the
1832
victim or perpetrator, the subtotal sentence points are
1833
multiplied by 1.5.
1834
Section 30. Paragraph (n) of subsection (5) of section
1835
921.141, Florida Statutes, is amended to read:
1836
921.141 Sentence of death or life imprisonment for capital
1837
felonies; further proceedings to determine sentence.--
1838
(5) AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
1839
shall be limited to the following:
1840
(n) The capital felony was committed by a criminal street
1841
gang member, as defined in s. 874.03.
1842
Section 31. Paragraph (c) of subsection (10) of section
1843
943.325, Florida Statutes, is amended to read:
1844
943.325 Blood or other biological specimen testing for DNA
1845
analysis.--
1846
(10)
1847
(c) Any person previously convicted of an offense specified
1848
in this section, or a crime which, if committed in this state,
1849
would be an offense specified in this section, and who is also
1850
subject to the registration requirement imposed by s. 775.13,
1851
shall be subject to the collection requirement of this section
1852
when the appropriate agency described in this section verifies
1853
the identification information of the person. The collection
1854
requirement of this section does not apply to a person as
1856
Section 32. Subsection (30) of section 984.03, Florida
1857
Statutes, is amended to read:
1858
984.03 Definitions.--When used in this chapter, the term:
1859
(30) "Juvenile justice continuum" includes, but is not
1860
limited to, delinquency prevention programs and services designed
1861
for the purpose of preventing or reducing delinquent acts,
1862
including criminal activity by criminal youth gangs and juvenile
1863
arrests, as well as programs and services targeted at children
1864
who have committed delinquent acts, and children who have
1865
previously been committed to residential treatment programs for
1866
delinquents. The term includes children-in-need-of-services and
1867
families-in-need-of-services programs; conditional release;
1868
substance abuse and mental health programs; educational and
1869
vocational programs; recreational programs; community services
1870
programs; community service work programs; and alternative
1871
dispute resolution programs serving children at risk of
1872
delinquency and their families, whether offered or delivered by
1873
state or local governmental entities, public or private for-
1874
profit or not-for-profit organizations, or religious or
1875
charitable organizations.
1876
Section 33. Paragraph (c) of subsection (15) and subsection
1877
(29) of section 985.03, Florida Statutes, are amended to read:
1878
985.03 Definitions.--As used in this chapter, the term:
1879
(15)
1880
(c) "Delinquency prevention programs" means programs
1881
designed for the purpose of reducing the occurrence of
1882
delinquency, including criminal youth and street gang activity,
1883
and juvenile arrests. The term excludes arbitration, diversionary
1884
or mediation programs, and community service work or other
1885
treatment available subsequent to a child committing a delinquent
1886
act.
1887
(29) "Juvenile justice continuum" includes, but is not
1888
limited to, delinquency prevention programs and services designed
1889
for the purpose of preventing or reducing delinquent acts,
1890
including criminal activity by criminal youth gangs, and juvenile
1891
arrests, as well as programs and services targeted at children
1892
who have committed delinquent acts, and children who have
1893
previously been committed to residential treatment programs for
1894
delinquents. The term includes children-in-need-of-services and
1895
families-in-need-of-services programs; conditional release;
1896
substance abuse and mental health programs; educational and
1897
career programs; recreational programs; community services
1898
programs; community service work programs; and alternative
1899
dispute resolution programs serving children at risk of
1900
delinquency and their families, whether offered or delivered by
1901
state or local governmental entities, public or private for-
1902
profit or not-for-profit organizations, or religious or
1903
charitable organizations.
1904
Section 34. Paragraph (c) of subsection (1) of section
1905
985.047, Florida Statutes, is amended to read:
1906
985.047 Information systems.--
1907
(1)
1908
(c) As used in this section, "a juvenile who is at risk of
1909
becoming a serious habitual juvenile offender" means a juvenile
1910
who has been adjudicated delinquent and who meets one or more of
1911
the following criteria:
1912
1. Is arrested for a capital, life, or first degree felony
1913
offense or sexual battery.
1914
2. Has five or more arrests, at least three of which are
1915
for felony offenses. Three of such arrests must have occurred
1916
within the preceding 12-month period.
1917
3. Has 10 or more arrests, at least 2 of which are for
1918
felony offenses. Three of such arrests must have occurred within
1919
the preceding 12-month period.
1920
4. Has four or more arrests, at least one of which is for a
1921
felony offense and occurred within the preceding 12-month period.
1922
5. Has 10 or more arrests, at least 8 of which are for any
1923
of the following offenses:
1924
a. Petit theft;
1925
b. Misdemeanor assault;
1926
c. Possession of a controlled substance;
1927
d. Weapon or firearm violation; or
1928
e. Substance abuse.
1929
1930
Four of such arrests must have occurred within the preceding 12-
1931
month period.
1932
6. Meets at least one of the criteria for criminal youth
1933
and street gang membership.
1934
Section 35. Paragraph (a) of subsection (6) and subsection
1935
(7) of section 985.433, Florida Statutes, are amended to read:
1936
985.433 Disposition hearings in delinquency cases.--When a
1937
child has been found to have committed a delinquent act, the
1938
following procedures shall be applicable to the disposition of
1939
the case:
1940
(6) The first determination to be made by the court is a
1941
determination of the suitability or nonsuitability for
1942
adjudication and commitment of the child to the department. This
1943
determination shall include consideration of the recommendations
1944
of the department, which may include a predisposition report. The
1945
predisposition report shall include, whether as part of the
1946
child's multidisciplinary assessment, classification, and
1947
placement process components or separately, evaluation of the
1948
following criteria:
1949
(a) The seriousness of the offense to the community. If the
1950
court determines under chapter 874 that the child was a member of
1951
a criminal street gang at the time of the commission of the
1952
offense, the seriousness of the offense to the community shall be
1953
given great weight.
1954
1955
It is the intent of the Legislature that the criteria set forth
1956
in this subsection are general guidelines to be followed at the
1957
discretion of the court and not mandatory requirements of
1958
procedure. It is not the intent of the Legislature to provide for
1959
the appeal of the disposition made under this section.
1960
(7) If the court determines that the child should be
1961
adjudicated as having committed a delinquent act and should be
1962
committed to the department, such determination shall be in
1963
writing or on the record of the hearing. The determination shall
1964
include a specific finding of the reasons for the decision to
1965
adjudicate and to commit the child to the department, including
1966
any determination that the child was a member of a criminal
1967
street gang.
1968
(a) The juvenile probation officer shall recommend to the
1969
court the most appropriate placement and treatment plan,
1970
specifically identifying the restrictiveness level most
1971
appropriate for the child. If the court has determined that the
1972
child was a member of a criminal street gang, that determination
1973
shall be given great weight in identifying the most appropriate
1974
restrictiveness level for the child. The court shall consider the
1975
department's recommendation in making its commitment decision.
1976
(b) The court shall commit the child to the department at
1977
the restrictiveness level identified or may order placement at a
1978
different restrictiveness level. The court shall state for the
1979
record the reasons that establish by a preponderance of the
1980
evidence why the court is disregarding the assessment of the
1981
child and the restrictiveness level recommended by the
1982
department. Any party may appeal the court's findings resulting
1983
in a modified level of restrictiveness under this paragraph.
1984
(c) The court may also require that the child be placed in
1985
a probation program following the child's discharge from
1986
commitment. Community-based sanctions under subsection (8) may be
1987
imposed by the court at the disposition hearing or at any time
1988
prior to the child's release from commitment.
1989
Section 36. The Division of Statutory Revision is directed
1990
to redesignate the title of chapter 874, Florida Statutes, as
1991
"Criminal Gang Enforcement and Prevention."
1992
Section 37. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.