Florida Senate - 2010 SB 2350
By Senator Dockery
15-01885A-10 20102350__
1 A bill to be entitled
2 An act relating to criminal justice; repealing s.
3 16.07, F.S., relating to a prohibition on the Attorney
4 General collecting any fee for defending any supposed
5 offender; repealing s. 30.11, F.S., relating to a
6 sheriff’s or deputy’s required place of residence;
7 amending ss. 384.34 and 796.08, F.S.; removing
8 references to conform to changes made by the act;
9 amending s. 775.0877, F.S.; removing penalty
10 provisions relating to criminal transmission of HIV;
11 amending s. 893.13, F.S.; removing penalty provisions
12 relating to obsolete community residential drug
13 punishment centers; amending s. 921.187, F.S.;
14 removing sentencing provisions relating to community
15 residential drug punishment centers and quarantine of
16 offenders convicted of criminal transmission of HIV;
17 repealing s. 944.293, F.S., relating to initiation of
18 restoration of civil rights; amending s. 948.001,
19 F.S.; removing the definition of the term “criminal
20 quarantine community control”; repealing s. 948.034,
21 F.S., relating to community residential drug
22 punishment centers; repealing s. 948.0345, F.S.,
23 relating to community service alternative to fines;
24 amending s. 948.04, F.S.; removing a reference to
25 conform to changes made by the act; amending ss.
26 948.101 and 948.11, F.S.; removing references to
27 criminal quarantine community control; repealing s.
28 957.125, F.S., relating to authorization for the
29 Correctional Privatization Commission to contract for
30 youthful offender correctional facilities; repealing
31 s. 985.4891, F.S., relating to sheriff’s training and
32 respect programs; amending ss. 958.046, 985.445,
33 985.47, 985.483, 985.494, and 985.645, F.S.;
34 conforming provisions to the repeal of s. 985.4891,
35 F.S.; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 16.07, Florida Statutes, is repealed.
40 Section 2. Section 30.11, Florida Statutes, is repealed.
41 Section 3. Subsection (5) of section 384.34, Florida
42 Statutes, is amended to read:
43 384.34 Penalties.—
44 (5) Any person who violates the provisions of s. 384.24(2)
45 commits a felony of the third degree, punishable as provided in
46 s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
47 person who commits multiple violations of the provisions of s.
48 384.24(2) commits a felony of the first degree, punishable as
49 provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
50 775.0877(7).
51 Section 4. Subsections (3) and (7) of section 775.0877,
52 Florida Statutes, are amended to read:
53 775.0877 Criminal transmission of HIV; procedures;
54 penalties.—
55 (3) An offender who has undergone HIV testing pursuant to
56 subsection (1), and to whom positive test results have been
57 disclosed pursuant to subsection (2), who commits a second or
58 subsequent offense enumerated in paragraphs (1)(a)-(n), commits
59 criminal transmission of HIV, a felony of the third degree,
60 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
61 subsection (7). A person may be convicted and sentenced
62 separately for a violation of this subsection and for the
63 underlying crime enumerated in paragraphs (1)(a)-(n).
64 (7) In addition to any other penalty provided by law for an
65 offense enumerated in paragraphs (1)(a)-(n), the court may
66 require an offender convicted of criminal transmission of HIV to
67 serve a term of criminal quarantine community control, as
68 described in s. 948.001.
69 Section 5. Subsection (5) of section 796.08, Florida
70 Statutes, is amended to read:
71 796.08 Screening for HIV and sexually transmissible
72 diseases; providing penalties.—
73 (5) A person who:
74 (a) Commits or offers to commit prostitution; or
75 (b) Procures another for prostitution by engaging in sexual
76 activity in a manner likely to transmit the human
77 immunodeficiency virus, and who, prior to the commission of such
78 crime, had tested positive for human immunodeficiency virus and
79 knew or had been informed that he or she had tested positive for
80 human immunodeficiency virus and could possibly communicate such
81 disease to another person through sexual activity commits
82 criminal transmission of HIV, a felony of the third degree,
83 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
84 or s. 775.0877(7). A person may be convicted and sentenced
85 separately for a violation of this subsection and for the
86 underlying crime of prostitution or procurement of prostitution.
87 Section 6. Subsections (10), (11), and (12) of section
88 893.13, Florida Statutes, are amended to read:
89 893.13 Prohibited acts; penalties.—
90 (10) Notwithstanding any provision of the sentencing
91 guidelines or the Criminal Punishment Code to the contrary, on
92 or after October 1, 1993, any defendant who:
93 (a) Violates subparagraph (1)(a)1., subparagraph (1)(c)2.,
94 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
95 (5)(a); and
96 (b) Has not previously been convicted, regardless of
97 whether adjudication was withheld, of any felony, other than a
98 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
99 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
100 (5)(a),
101
102 may be required by the court to successfully complete a term of
103 probation pursuant to the terms and conditions set forth in s.
104 948.034(1), in lieu of serving a term of imprisonment.
105 (11) Notwithstanding any provision of the sentencing
106 guidelines or the Criminal Punishment Code to the contrary, on
107 or after January 1, 1994, any defendant who:
108 (a) Violates subparagraph (1)(a)2., subparagraph (2)(a)2.,
109 paragraph (5)(b), or paragraph (6)(a); and
110 (b) Has not previously been convicted, regardless of
111 whether adjudication was withheld, of any felony, other than a
112 violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
113 paragraph (5)(b), or paragraph (6)(a),
114
115 may be required by the court to successfully complete a term of
116 probation pursuant to the terms and conditions set forth in s.
117 948.034(2), in lieu of serving a term of imprisonment.
118 (10)(12) If a person violates any provision of this chapter
119 and the violation results in a serious injury to a state or
120 local law enforcement officer as defined in s. 943.10,
121 firefighter as defined in s. 633.30, emergency medical
122 technician as defined in s. 401.23, paramedic as defined in s.
123 401.23, employee of a public utility or an electric utility as
124 defined in s. 366.02, animal control officer as defined in s.
125 828.27, volunteer firefighter engaged by state or local
126 government, law enforcement officer employed by the Federal
127 Government, or any other local, state, or Federal Government
128 employee injured during the course and scope of his or her
129 employment, the person commits a felony of the third degree,
130 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
131 If the injury sustained results in death or great bodily harm,
132 the person commits a felony of the second degree, punishable as
133 provided in s. 775.082, s. 775.083, or s. 775.084.
134 Section 7. Section 921.187, Florida Statutes, is amended to
135 read:
136 921.187 Disposition and sentencing; alternatives;
137 restitution.—
138 (1) The alternatives provided in this section for the
139 disposition of criminal cases shall be used in a manner that
140 will best serve the needs of society, punish criminal offenders,
141 and provide the opportunity for rehabilitation.
142 (a) If the offender does not receive a state prison
143 sentence, the court may:
144 (a)1. Impose a split sentence whereby the offender is to be
145 placed on probation upon completion of any specified period of
146 such sentence, which period may include a term of years or less.
147 (b)2. Make any other disposition that is authorized by law.
148 (c)3. Place the offender on probation with or without an
149 adjudication of guilt pursuant to s. 948.01.
150 (d)4. Impose a fine and probation pursuant to s. 948.011
151 when the offense is punishable by both a fine and imprisonment
152 and probation is authorized.
153 (e)5. Place the offender into community control requiring
154 intensive supervision and surveillance pursuant to chapter 948.
155 (f)6. Impose, as a condition of probation or community
156 control, a period of treatment which shall be restricted to a
157 county facility, a Department of Corrections probation and
158 restitution center, a probation program drug punishment
159 treatment community, or a community residential or
160 nonresidential facility, excluding a community correctional
161 center as defined in s. 944.026, which is owned and operated by
162 any qualified public or private entity providing such services.
163 Before admission to such a facility, the court shall obtain an
164 individual assessment and recommendations on the appropriate
165 treatment needs, which shall be considered by the court in
166 ordering such placements. Placement in such a facility, except
167 for a county residential probation facility, may not exceed 364
168 days. Placement in a county residential probation facility may
169 not exceed 3 years. Early termination of placement may be
170 recommended to the court, when appropriate, by the center
171 supervisor, the supervising probation officer, or the probation
172 program manager.
173 (g)7. Sentence the offender pursuant to s. 922.051 to
174 imprisonment in a county jail when a statute directs
175 imprisonment in a state prison, if the offender’s cumulative
176 sentence, whether from the same circuit or from separate
177 circuits, is not more than 364 days.
178 (h)8. Sentence the offender who is to be punished by
179 imprisonment in a county jail to a jail in another county if
180 there is no jail within the county suitable for such prisoner
181 pursuant to s. 950.01.
182 (i)9. Require the offender to participate in a work-release
183 or educational or technical training program pursuant to s.
184 951.24 while serving a sentence in a county jail, if such a
185 program is available.
186 (j)10. Require the offender to perform a specified public
187 service pursuant to s. 775.091.
188 (k)11. Require the offender who violates chapter 893 or
189 violates any law while under the influence of a controlled
190 substance or alcohol to participate in a substance abuse
191 program.
192 (l)1.12.a. Require the offender who violates any criminal
193 provision of chapter 893 to pay an additional assessment in an
194 amount up to the amount of any fine imposed, pursuant to ss.
195 938.21 and 938.23.
196 2.b. Require the offender who violates any provision of s.
197 893.13 to pay an additional assessment in an amount of $100,
198 pursuant to ss. 938.25 and 943.361.
199 (m)13. Impose a split sentence whereby the offender is to
200 be placed in a county jail or county work camp upon the
201 completion of any specified term of community supervision.
202 (n)14. Impose split probation whereby upon satisfactory
203 completion of half the term of probation, the Department of
204 Corrections may place the offender on administrative probation
205 pursuant to s. 948.013 for the remainder of the term of
206 supervision.
207 (o)15. Require residence in a state probation and
208 restitution center or private drug treatment program for
209 offenders on community control or offenders who have violated
210 conditions of probation.
211 (p)16. Impose any other sanction which is provided within
212 the community and approved as an intermediate sanction by the
213 county public safety coordinating council as described in s.
214 951.26.
215 (q)17. Impose, as a condition of community control,
216 probation, or probation following incarceration, a requirement
217 that an offender who has not obtained a high school diploma or
218 high school equivalency diploma or who lacks basic or functional
219 literacy skills, upon acceptance by an adult education program,
220 make a good faith effort toward completion of such basic or
221 functional literacy skills or high school equivalency diploma,
222 as defined in s. 1003.435, in accordance with the assessed adult
223 general education needs of the individual offender.
224 (b)1. Notwithstanding any provision of former s. 921.001 or
225 s. 921.002 to the contrary, on or after October 1, 1993, the
226 court may require any defendant who violates s. 893.13(1)(a)1.,
227 (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
228 described in s. 893.13(10), to successfully complete a term of
229 probation pursuant to the terms and conditions set forth in s.
230 948.034(1), in lieu of serving a term of imprisonment.
231 2. Notwithstanding any provision of former s. 921.001 or s.
232 921.002 to the contrary, on or after October 1, 1993, the court
233 may require any defendant who violates s. 893.13(1)(a)2.,
234 (2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
235 s. 893.13(11), to successfully complete a term of probation
236 pursuant to the terms and conditions set forth in s. 948.034(2),
237 in lieu of serving a term of imprisonment.
238 (2) In addition to any other penalty provided by law for an
239 offense enumerated in s. 775.0877(1)(a)-(n), if the offender is
240 convicted of criminal transmission of HIV pursuant to s.
241 775.0877, the court may sentence the offender to criminal
242 quarantine community control as described in s. 948.001.
243 (2)(3) The court shall require an offender to make
244 restitution under s. 775.089, unless the court finds clear and
245 compelling reasons not to order such restitution. If the court
246 does not order restitution, or orders restitution of only a
247 portion of the damages, as provided in s. 775.089, the court
248 shall state the reasons on the record in detail. An order
249 requiring an offender to make restitution to a victim under s.
250 775.089 does not remove or diminish the requirement that the
251 court order payment to the Crimes Compensation Trust Fund under
252 chapter 960.
253 Section 8. Section 944.293, Florida Statutes, is repealed.
254 Section 9. Subsections (4) through (10) of section 948.001,
255 Florida Statutes, are redesignated as subsections (3) through
256 (9), respectively, and subsection (3) of that section is amended
257 to read:
258 948.001 Definitions.—As used in this chapter, the term:
259 (3) “Criminal quarantine community control” means intensive
260 supervision, by officers with restricted caseloads, with a
261 condition of 24-hour-per-day electronic monitoring, and a
262 condition of confinement to a designated residence during
263 designated hours.
264 Section 10. Section 948.034, Florida Statutes, is repealed.
265 Section 11. Section 948.0345, Florida Statutes, is
266 repealed.
267 Section 12. Subsection (1) of section 948.04, Florida
268 Statutes, is amended to read:
269 948.04 Period of probation; duty of probationer; early
270 termination.—
271 (1) Defendants found guilty of felonies who are placed on
272 probation shall be under supervision not to exceed 2 years
273 unless otherwise specified by the court. No defendant placed on
274 probation pursuant to s. 948.012(1) or s. 948.034 is subject to
275 the probation limitations of this subsection. A defendant who is
276 placed on probation or community control for a violation of
277 chapter 794 or chapter 827 is subject to the maximum level of
278 supervision provided by the supervising agency, and that
279 supervision shall continue through the full term of the court
280 imposed probation or community control.
281 Section 13. Section 948.101, Florida Statutes, is amended
282 to read:
283 948.101 Terms and conditions of community control and
284 criminal quarantine community control.—
285 (1) The court shall determine the terms and conditions of
286 community control. Conditions specified in this subsection do
287 not require oral pronouncement at the time of sentencing and may
288 be considered standard conditions of community control.
289 (a) The court shall require intensive supervision and
290 surveillance for an offender placed into community control,
291 which may include but is not limited to:
292 (a)1. Specified contact with the parole and probation
293 officer.
294 (b)2. Confinement to an agreed-upon residence during hours
295 away from employment and public service activities.
296 (c)3. Mandatory public service.
297 (d)4. Supervision by the Department of Corrections by means
298 of an electronic monitoring device or system.
299 (e)5. The standard conditions of probation set forth in s.
300 948.03.
301 (b) For an offender placed on criminal quarantine community
302 control, the court shall require:
303 1. Electronic monitoring 24 hours per day.
304 2. Confinement to a designated residence during designated
305 hours.
306 (2) The enumeration of specific kinds of terms and
307 conditions does not prevent the court from adding thereto any
308 other terms or conditions that the court considers proper.
309 However, the sentencing court may only impose a condition of
310 supervision allowing an offender convicted of s. 794.011, s.
311 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
312 another state if the order stipulates that it is contingent upon
313 the approval of the receiving state interstate compact
314 authority. The court may rescind or modify at any time the terms
315 and conditions theretofore imposed by it upon the offender in
316 community control. However, if the court withholds adjudication
317 of guilt or imposes a period of incarceration as a condition of
318 community control, the period may not exceed 364 days, and
319 incarceration shall be restricted to a county facility, a
320 probation and restitution center under the jurisdiction of the
321 Department of Corrections, a probation program drug punishment
322 phase I secure residential treatment institution, or a community
323 residential facility owned or operated by any entity providing
324 such services.
325 (3) The court may place a defendant who is being sentenced
326 for criminal transmission of HIV in violation of s. 775.0877 on
327 criminal quarantine community control. The Department of
328 Corrections shall develop and administer a criminal quarantine
329 community control program emphasizing intensive supervision with
330 24-hour-per-day electronic monitoring. Criminal quarantine
331 community control status must include surveillance and may
332 include other measures normally associated with community
333 control, except that specific conditions necessary to monitor
334 this population may be ordered.
335 Section 14. Subsection (1) of section 948.11, Florida
336 Statutes, is amended to read:
337 948.11 Electronic monitoring devices.—
338 (1)(a) The Department of Corrections may, at its
339 discretion, electronically monitor an offender sentenced to
340 community control.
341 (b) The Department of Corrections shall electronically
342 monitor an offender sentenced to criminal quarantine community
343 control 24 hours per day.
344 Section 15. Section 957.125, Florida Statutes, is repealed.
345 Section 16. Section 985.4891, Florida Statutes, is
346 repealed.
347 Section 17. Section 958.046, Florida Statutes, is amended
348 to read:
349 958.046 Placement in county-operated boot camp programs for
350 youthful offenders.—In counties where there are county-operated
351 youthful offender boot camp programs, other than boot camps
352 described in s. 958.04 or sheriff’s training and respect
353 programs in s. 985.4891, the court may sentence a youthful
354 offender to such a boot camp. In county-operated youthful
355 offender boot camp programs, juvenile offenders shall not be
356 commingled with youthful offenders.
357 Section 18. Section 985.445, Florida Statutes, is amended
358 to read:
359 985.445 Cases involving grand theft of a motor vehicle.—If
360 the offense committed by the child was grand theft of a motor
361 vehicle, the court:
362 (1) Upon a first adjudication for a grand theft of a motor
363 vehicle, may place the child in a sheriff’s training and respect
364 program, unless the child is ineligible under s. 985.4891, and
365 shall order the child to complete a minimum of 50 hours of
366 community service.
367 (2) Upon a second adjudication for grand theft of a motor
368 vehicle which is separate and unrelated to the previous
369 adjudication, may place the child in a sheriff’s training and
370 respect program, unless the child is ineligible under s.
371 985.4891, and shall order the child to complete a minimum of 100
372 hours of community service.
373 (3) Upon a third adjudication for grand theft of a motor
374 vehicle which is separate and unrelated to the previous
375 adjudications, shall place the child in a sheriff’s training and
376 respect program or other treatment program, unless the child is
377 ineligible under s. 985.4891, and shall order the child to
378 complete a minimum of 250 hours of community service.
379 Section 19. Paragraph (a) of subsection (6) of section
380 985.47, Florida Statutes, is amended to read:
381 985.47 Serious or habitual juvenile offender.—
382 (6) ACTION ON RECOMMENDATIONS.—The treatment and placement
383 recommendations shall be submitted to the court for further
384 action under this subsection:
385 (a) If it is recommended that placement in a serious or
386 habitual juvenile offender program or facility is inappropriate,
387 the court shall make an alternative disposition under s.
388 985.4891 or other alternative sentencing as applicable, using
389 the recommendation as a guide.
390 Section 20. Paragraph (a) of subsection (6) of section
391 985.483, Florida Statutes, is amended to read:
392 985.483 Intensive residential treatment program for
393 offenders less than 13 years of age.—
394 (6) ACTION ON RECOMMENDATIONS.—The treatment and placement
395 recommendations shall be submitted to the court for further
396 action under this subsection:
397 (a) If it is recommended that placement in an intensive
398 residential treatment program for offenders less than 13 years
399 of age is inappropriate, the court shall make an alternative
400 disposition under s. 985.4891 or other alternative sentencing as
401 applicable, using the recommendation as a guide.
402 Section 21. Subsection (1) of section 985.494, Florida
403 Statutes, is amended to read:
404 985.494 Commitment programs for juvenile felony offenders.—
405 (1) Notwithstanding any other law and regardless of the
406 child’s age, a child who is adjudicated delinquent, or for whom
407 adjudication is withheld, for an act that would be a felony if
408 committed by an adult, shall be committed to:
409 (a) A sheriff’s training and respect program under s.
410 985.4891 if the child has participated in an early delinquency
411 intervention program as provided in s. 985.61.
412 (a)(b) A program for serious or habitual juvenile offenders
413 under s. 985.47 or an intensive residential treatment program
414 for offenders less than 13 years of age under s. 985.483, if the
415 child has participated in an early delinquency intervention
416 program and has completed a sheriff’s training and respect
417 program.
418 (b)(c) A maximum-risk residential program, if the child has
419 participated in an early delinquency intervention program, has
420 completed a sheriff’s training and respect program, and has
421 completed a program for serious or habitual juvenile offenders
422 or an intensive residential treatment program for offenders less
423 than 13 years of age. The commitment of a child to a maximum
424 risk residential program must be for an indeterminate period,
425 but may not exceed the maximum term of imprisonment that an
426 adult may serve for the same offense.
427 Section 22. Paragraph (d) of subsection (2) of section
428 985.645, Florida Statutes, is amended to read:
429 985.645 Protective action response.—
430 (2) The department shall adopt rules under ss. 120.536(1)
431 and 120.54 that:
432 (d) Except as provided in s. 985.4891(9) for specified
433 certified officers, Require each employee who was not certified
434 by the department in protective action response prior to July 1,
435 2006, to receive his or her protective action response
436 certification by September 30, 2006, or within 90 calendar days
437 following his or her date of hire, whichever date is later.
438 Section 23. This act shall take effect July 1, 2010.