HB 7035

1	A bill to be entitled
2	An act relating to criminal justice; repealing s. 16.07,
3	F.S., relating to a prohibition on the Attorney General
4	collecting any fee for defending any supposed offender;
5	repealing s. 30.11, F.S., relating to a sheriff's or
6	deputy's required place of residence; amending ss. 384.34
7	and 796.08, F.S.; removing references to conform to
8	changes made by the act; amending s. 775.0877, F.S.;
9	removing penalty provisions relating to criminal
10	transmission of HIV; amending s. 893.13, F.S.; removing
11	penalty provisions relating to obsolete community
12	residential drug punishment centers; amending s. 921.187,
13	F.S.; removing sentencing provisions relating to community
14	residential drug punishment centers and quarantine of
15	offenders convicted of criminal transmission of HIV;
16	repealing s. 944.293, F.S., relating to initiation of
17	restoration of civil rights; amending s. 948.001, F.S.;
18	removing the definition of the term "criminal quarantine
19	community control"; repealing s. 948.034, F.S., relating
20	to community residential drug punishment centers;
21	repealing s. 948.0345, F.S., relating to community service
22	alternative to fines; amending s. 984.04, F.S.; removing a
23	reference to conform to changes made by the act; amending
24	ss. 948.101 and 948.11, F.S.; removing references to
25	criminal quarantine community control; repealing s.
26	957.125, F.S., relating to authorization for the
27	Correctional Privatization Commission to contract for
28	youthful offender correctional facilities; repealing s.
29	985.4891, F.S., relating to sheriff's training and respect
30	programs; amending ss. 958.046, 985.445, 985.47, 985.483,
31	985.494, and 985.645, F.S.; conforming provisions to the
32	repeal of s. 985.4891, F.S.; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Section 16.07, Florida Statutes, is repealed.
37	Section 2.  Section 30.11, Florida Statutes, is repealed.
38	Section 3.  Subsection (5) of section 384.34, Florida
39	Statutes, is amended to read:
40	384.34  Penalties.-
41	(5)  Any person who violates the provisions of s. 384.24(2)
42	commits a felony of the third degree, punishable as provided in
43	s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
44	person who commits multiple violations of the provisions of s.
45	384.24(2) commits a felony of the first degree, punishable as
46	provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
47	775.0877(7).
48	Section 4.  Subsections (3) and (7) of section 775.0877,
49	Florida Statutes, are amended to read:
50	775.0877  Criminal transmission of HIV; procedures;
51	penalties.-
52	(3)  An offender who has undergone HIV testing pursuant to
53	subsection (1), and to whom positive test results have been
54	disclosed pursuant to subsection (2), who commits a second or
55	subsequent offense enumerated in paragraphs (1)(a)-(n), commits
56	criminal transmission of HIV, a felony of the third degree,
57	punishable as provided in s. 775.082, s. 775.083, or s. 775.084
58	subsection (7). A person may be convicted and sentenced
59	separately for a violation of this subsection and for the
60	underlying crime enumerated in paragraphs (1)(a)-(n).
61	(7)  In addition to any other penalty provided by law for
62	an offense enumerated in paragraphs (1)(a)-(n), the court may
63	require an offender convicted of criminal transmission of HIV to
64	serve a term of criminal quarantine community control, as
65	described in s. 948.001.
66	Section 5.  Subsection (5) of section 796.08, Florida
67	Statutes, is amended to read:
68	796.08  Screening for HIV and sexually transmissible
69	diseases; providing penalties.-
70	(5)  A person who:
71	(a)  Commits or offers to commit prostitution; or
72	(b)  Procures another for prostitution by engaging in
73	sexual activity in a manner likely to transmit the human
74	immunodeficiency virus, and who, prior to the commission of such
75	crime, had tested positive for human immunodeficiency virus and
76	knew or had been informed that he or she had tested positive for
77	human immunodeficiency virus and could possibly communicate such
78	disease to another person through sexual activity commits
79	criminal transmission of HIV, a felony of the third degree,
80	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
81	or s. 775.0877(7). A person may be convicted and sentenced
82	separately for a violation of this subsection and for the
83	underlying crime of prostitution or procurement of prostitution.
84	Section 6.  Subsections (10), (11), and (12) of section
85	893.13, Florida Statutes, are amended to read:
86	893.13  Prohibited acts; penalties.-
87	(10)  Notwithstanding any provision of the sentencing
88	guidelines or the Criminal Punishment Code to the contrary, on
89	or after October 1, 1993, any defendant who:
90	(a)  Violates subparagraph (1)(a)1., subparagraph (1)(c)2.,
91	subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
92	(5)(a); and
93	(b)  Has not previously been convicted, regardless of
94	whether adjudication was withheld, of any felony, other than a
95	violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
96	subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
97	(5)(a),
98
99	may be required by the court to successfully complete a term of
100	probation pursuant to the terms and conditions set forth in s.
101	948.034(1), in lieu of serving a term of imprisonment.
102	(11)  Notwithstanding any provision of the sentencing
103	guidelines or the Criminal Punishment Code to the contrary, on
104	or after January 1, 1994, any defendant who:
105	(a)  Violates subparagraph (1)(a)2., subparagraph (2)(a)2.,
106	paragraph (5)(b), or paragraph (6)(a); and
107	(b)  Has not previously been convicted, regardless of
108	whether adjudication was withheld, of any felony, other than a
109	violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
110	paragraph (5)(b), or paragraph (6)(a),
111
112	may be required by the court to successfully complete a term of
113	probation pursuant to the terms and conditions set forth in s.
114	948.034(2), in lieu of serving a term of imprisonment.
115	(10)(12)  If a person violates any provision of this
116	chapter and the violation results in a serious injury to a state
117	or local law enforcement officer as defined in s. 943.10,
118	firefighter as defined in s. 633.30, emergency medical
119	technician as defined in s. 401.23, paramedic as defined in s.
120	401.23, employee of a public utility or an electric utility as
121	defined in s. 366.02, animal control officer as defined in s.
122	828.27, volunteer firefighter engaged by state or local
123	government, law enforcement officer employed by the Federal
124	Government, or any other local, state, or Federal Government
125	employee injured during the course and scope of his or her
126	employment, the person commits a felony of the third degree,
127	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
128	If the injury sustained results in death or great bodily harm,
129	the person commits a felony of the second degree, punishable as
130	provided in s. 775.082, s. 775.083, or s. 775.084.
131	Section 7.  Section 921.187, Florida Statutes, is amended
132	to read:
133	921.187  Disposition and sentencing; alternatives;
134	restitution.-
135	(1)  The alternatives provided in this section for the
136	disposition of criminal cases shall be used in a manner that
137	will best serve the needs of society, punish criminal offenders,
138	and provide the opportunity for rehabilitation.
139	(a)  If the offender does not receive a state prison
140	sentence, the court may:
141	(a)1.  Impose a split sentence whereby the offender is to
142	be placed on probation upon completion of any specified period
143	of such sentence, which period may include a term of years or
144	less.
145	(b)2.  Make any other disposition that is authorized by
146	law.
147	(c)3.  Place the offender on probation with or without an
148	adjudication of guilt pursuant to s. 948.01.
149	(d)4.  Impose a fine and probation pursuant to s. 948.011
150	when the offense is punishable by both a fine and imprisonment
151	and probation is authorized.
152	(e)5.  Place the offender into community control requiring
153	intensive supervision and surveillance pursuant to chapter 948.
154	(f)6.  Impose, as a condition of probation or community
155	control, a period of treatment which shall be restricted to a
156	county facility, a Department of Corrections probation and
157	restitution center, a probation program drug punishment
158	treatment community, or a community residential or
159	nonresidential facility, excluding a community correctional
160	center as defined in s. 944.026, which is owned and operated by
161	any qualified public or private entity providing such services.
162	Before admission to such a facility, the court shall obtain an
163	individual assessment and recommendations on the appropriate
164	treatment needs, which shall be considered by the court in
165	ordering such placements. Placement in such a facility, except
166	for a county residential probation facility, may not exceed 364
167	days. Placement in a county residential probation facility may
168	not exceed 3 years. Early termination of placement may be
169	recommended to the court, when appropriate, by the center
170	supervisor, the supervising probation officer, or the probation
171	program manager.
172	(g)7.  Sentence the offender pursuant to s. 922.051 to
173	imprisonment in a county jail when a statute directs
174	imprisonment in a state prison, if the offender's cumulative
175	sentence, whether from the same circuit or from separate
176	circuits, is not more than 364 days.
177	(h)8.  Sentence the offender who is to be punished by
178	imprisonment in a county jail to a jail in another county if
179	there is no jail within the county suitable for such prisoner
180	pursuant to s. 950.01.
181	(i)9.  Require the offender to participate in a work-
182	release or educational or technical training program pursuant to
183	s. 951.24 while serving a sentence in a county jail, if such a
184	program is available.
185	(j)10.  Require the offender to perform a specified public
186	service pursuant to s. 775.091.
187	(k)11.  Require the offender who violates chapter 893 or
188	violates any law while under the influence of a controlled
189	substance or alcohol to participate in a substance abuse
190	program.
191	(l)1.12.a.  Require the offender who violates any criminal
192	provision of chapter 893 to pay an additional assessment in an
193	amount up to the amount of any fine imposed, pursuant to ss.
194	938.21 and 938.23.
195	2.b.  Require the offender who violates any provision of s.
196	893.13 to pay an additional assessment in an amount of $100,
197	pursuant to ss. 938.25 and 943.361.
198	(m)13.  Impose a split sentence whereby the offender is to
199	be placed in a county jail or county work camp upon the
200	completion of any specified term of community supervision.
201	(n)14.  Impose split probation whereby upon satisfactory
202	completion of half the term of probation, the Department of
203	Corrections may place the offender on administrative probation
204	pursuant to s. 948.013 for the remainder of the term of
205	supervision.
206	(o)15.  Require residence in a state probation and
207	restitution center or private drug treatment program for
208	offenders on community control or offenders who have violated
209	conditions of probation.
210	(p)16.  Impose any other sanction which is provided within
211	the community and approved as an intermediate sanction by the
212	county public safety coordinating council as described in s.
213	951.26.
214	(q)17.  Impose, as a condition of community control,
215	probation, or probation following incarceration, a requirement
216	that an offender who has not obtained a high school diploma or
217	high school equivalency diploma or who lacks basic or functional
218	literacy skills, upon acceptance by an adult education program,
219	make a good faith effort toward completion of such basic or
220	functional literacy skills or high school equivalency diploma,
221	as defined in s. 1003.435, in accordance with the assessed adult
222	general education needs of the individual offender.
223	(b)1.  Notwithstanding any provision of former s. 921.001
224	or s. 921.002 to the contrary, on or after October 1, 1993, the
225	court may require any defendant who violates s. 893.13(1)(a)1.,
226	(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
227	described in s. 893.13(10), to successfully complete a term of
228	probation pursuant to the terms and conditions set forth in s.
229	948.034(1), in lieu of serving a term of imprisonment.
230	2.  Notwithstanding any provision of former s. 921.001 or
231	s. 921.002 to the contrary, on or after October 1, 1993, the
232	court may require any defendant who violates s. 893.13(1)(a)2.,
233	(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
234	s. 893.13(11), to successfully complete a term of probation
235	pursuant to the terms and conditions set forth in s. 948.034(2),
236	in lieu of serving a term of imprisonment.
237	(2)  In addition to any other penalty provided by law for
238	an offense enumerated in s. 775.0877(1)(a)-(n), if the offender
239	is convicted of criminal transmission of HIV pursuant to s.
240	775.0877, the court may sentence the offender to criminal
241	quarantine community control as described in s. 948.001.
242	(2)(3)  The court shall require an offender to make
243	restitution under s. 775.089, unless the court finds clear and
244	compelling reasons not to order such restitution. If the court
245	does not order restitution, or orders restitution of only a
246	portion of the damages, as provided in s. 775.089, the court
247	shall state the reasons on the record in detail. An order
248	requiring an offender to make restitution to a victim under s.
249	775.089 does not remove or diminish the requirement that the
250	court order payment to the Crimes Compensation Trust Fund under
251	chapter 960.
252	Section 8.  Section 944.293, Florida Statutes, is repealed.
253	Section 9.  Subsections (4) through (10) of section
254	948.001, Florida Statutes, are redesignated as subsections (3)
255	through (9), respectively, and subsection (3) of that section is
256	amended to read:
257	948.001  Definitions.-As used in this chapter, the term:
258	(3)  "Criminal quarantine community control" means
259	intensive supervision, by officers with restricted caseloads,
260	with a condition of 24-hour-per-day electronic monitoring, and a
261	condition of confinement to a designated residence during
262	designated hours.
263	Section 10.  Section 948.034, Florida Statutes, is
264	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
298	means 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
302	community 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
345	repealed.
346	Section 16.  Section 985.4891, Florida Statutes, is
347	repealed.
348	Section 17.  Section 958.046, Florida Statutes, is amended
349	to read:
350	958.046  Placement in county-operated boot camp programs
351	for youthful offenders.-In counties where there are county-
352	operated youthful offender boot camp programs, other than boot
353	camps described in s. 958.04 or sheriff's training and respect
354	programs in s. 985.4891, the court may sentence a youthful
355	offender to such a boot camp. In county-operated youthful
356	offender boot camp programs, juvenile offenders shall not be
357	commingled with youthful offenders.
358	Section 18.  Section 985.445, Florida Statutes, is amended
359	to read:
360	985.445  Cases involving grand theft of a motor vehicle.-If
361	the offense committed by the child was grand theft of a motor
362	vehicle, the court:
363	(1)  Upon a first adjudication for a grand theft of a motor
364	vehicle, may place the child in a sheriff's training and respect
365	program, unless the child is ineligible under s. 985.4891, and
366	shall order the child to complete a minimum of 50 hours of
367	community service.
368	(2)  Upon a second adjudication for grand theft of a motor
369	vehicle which is separate and unrelated to the previous
370	adjudication, may place the child in a sheriff's training and
371	respect program, unless the child is ineligible under s.
372	985.4891, and shall order the child to complete a minimum of 100
373	hours of community service.
374	(3)  Upon a third adjudication for grand theft of a motor
375	vehicle which is separate and unrelated to the previous
376	adjudications, shall place the child in a sheriff's training and
377	respect program or other treatment program, unless the child is
378	ineligible under s. 985.4891, and shall order the child to
379	complete a minimum of 250 hours of community service.
380	Section 19.  Paragraph (a) of subsection (6) of section
381	985.47, Florida Statutes, is amended to read:
382	985.47  Serious or habitual juvenile offender.-
383	(6)  ACTION ON RECOMMENDATIONS.-The treatment and placement
384	recommendations shall be submitted to the court for further
385	action under this subsection:
386	(a)  If it is recommended that placement in a serious or
387	habitual juvenile offender program or facility is inappropriate,
388	the court shall make an alternative disposition under s.
389	985.4891 or other alternative sentencing as applicable, using
390	the recommendation as a guide.
391	Section 20.  Paragraph (a) of subsection (6) of section
392	985.483, Florida Statutes, is amended to read:
393	985.483  Intensive residential treatment program for
394	offenders less than 13 years of age.-
395	(6)  ACTION ON RECOMMENDATIONS.-The treatment and placement
396	recommendations shall be submitted to the court for further
397	action under this subsection:
398	(a)  If it is recommended that placement in an intensive
399	residential treatment program for offenders less than 13 years
400	of age is inappropriate, the court shall make an alternative
401	disposition under s. 985.4891 or other alternative sentencing as
402	applicable, using the recommendation as a guide.
403	Section 21.  Subsection (1) of section 985.494, Florida
404	Statutes, is amended to read:
405	985.494  Commitment programs for juvenile felony
406	offenders.-
407	(1)  Notwithstanding any other law and regardless of the
408	child's age, a child who is adjudicated delinquent, or for whom
409	adjudication is withheld, for an act that would be a felony if
410	committed by an adult, shall be committed to:
411	(a)  A sheriff's training and respect program under s.
412	985.4891 if the child has participated in an early delinquency
413	intervention program as provided in s. 985.61.
414	(a)(b)  A program for serious or habitual juvenile
415	offenders under s. 985.47 or an intensive residential treatment
416	program for offenders less than 13 years of age under s.
417	985.483, if the child has participated in an early delinquency
418	intervention program and has completed a sheriff's training and
419	respect program.
420	(b)(c)  A maximum-risk residential program, if the child
421	has participated in an early delinquency intervention program,
422	has completed a sheriff's training and respect program, and has
423	completed a program for serious or habitual juvenile offenders
424	or an intensive residential treatment program for offenders less
425	than 13 years of age. The commitment of a child to a maximum-
426	risk residential program must be for an indeterminate period,
427	but may not exceed the maximum term of imprisonment that an
428	adult may serve for the same offense.
429	Section 22.  Paragraph (d) of subsection (2) of section
430	985.645, Florida Statutes, is amended to read:
431	985.645  Protective action response.-
432	(2)  The department shall adopt rules under ss. 120.536(1)
433	and 120.54 that:
434	(d)  Except as provided in s. 985.4891(9) for specified
435	certified officers, Require each employee who was not certified
436	by the department in protective action response prior to July 1,
437	2006, to receive his or her protective action response
438	certification by September 30, 2006, or within 90 calendar days
439	following his or her date of hire, whichever date is later.
440	Section 23.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.