Florida Senate - 2015                             CS for SB 1270
       
       
        
       By the Committee on Fiscal Policy; and Senator Soto
       
       
       
       
       
       594-04176-15                                          20151270c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; providing a short
    3         title; amending ss. 741.31, 784.047, and 784.0487,
    4         F.S.; providing enhanced criminal penalties for a
    5         third or subsequent violation of an injunction for
    6         protection against specified acts of violence or a
    7         foreign protection order issued under specified
    8         provisions; amending s. 775.15, F.S.; revising time
    9         limitations for the criminal prosecution of specified
   10         sexual battery offenses if the victim is 16 years of
   11         age or older; providing applicability; amending s.
   12         847.0141, F.S.; removing the court’s discretion to
   13         impose a specified penalty for a first violation of
   14         sexting; requiring a minor cited for a first violation
   15         to sign and accept a citation to appear before
   16         juvenile court or, in lieu of appearing in court, to
   17         complete community service work, pay a civil penalty,
   18         or participate in a cyber-safety program within a
   19         certain period of time, if such program is locally
   20         available; requiring the citation to be in a form
   21         prescribed by the issuing law enforcement agency;
   22         requiring such citation to include certain
   23         information; authorizing a court to order certain
   24         penalties under certain circumstances; authorizing a
   25         court to order specified additional penalties in
   26         certain circumstances; authorizing a law enforcement
   27         officer to issue a civil citation in lieu of criminal
   28         penalties; prohibiting the court from imposing
   29         incarceration; specifying that all court records and
   30         any information obtained or produced are confidential;
   31         providing retroactive application of confidentiality
   32         provisions for certain violations; conforming
   33         provisions to changes made by the act; requiring that
   34         a specified percentage of civil penalties received by
   35         a juvenile court be remitted by the clerk of court to
   36         the county commission to provide cyber-safety training
   37         for minors; requiring that the remaining percentage
   38         remain with the clerk of the court to cover
   39         administrative costs; amending s. 948.11, F.S.;
   40         authorizing the Department of Corrections or a local
   41         law enforcement agency to electronically monitor an
   42         offender under specified circumstances; amending s.
   43         985.0301, F.S.; creating exclusive original
   44         jurisdiction in the circuit court when a child is
   45         alleged to have committed a noncriminal violation that
   46         is assigned to juvenile court; providing an effective
   47         date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. This act may be cited as the “43 Days Initiative
   52  Act.”
   53         Section 2. Subsection (4) of section 741.31, Florida
   54  Statutes, is amended to read:
   55         741.31 Violation of an injunction for protection against
   56  domestic violence.—
   57         (4)(a) A person who willfully violates an injunction for
   58  protection against domestic violence issued pursuant to s.
   59  741.30, or a foreign protection order accorded full faith and
   60  credit pursuant to s. 741.315, by:
   61         1. Refusing to vacate the dwelling that the parties share;
   62         2. Going to, or being within 500 feet of, the petitioner’s
   63  residence, school, place of employment, or a specified place
   64  frequented regularly by the petitioner and any named family or
   65  household member;
   66         3. Committing an act of domestic violence against the
   67  petitioner;
   68         4. Committing any other violation of the injunction through
   69  an intentional unlawful threat, word, or act to do violence to
   70  the petitioner;
   71         5. Telephoning, contacting, or otherwise communicating with
   72  the petitioner directly or indirectly, unless the injunction
   73  specifically allows indirect contact through a third party;
   74         6. Knowingly and intentionally coming within 100 feet of
   75  the petitioner’s motor vehicle, whether or not that vehicle is
   76  occupied;
   77         7. Defacing or destroying the petitioner’s personal
   78  property, including the petitioner’s motor vehicle; or
   79         8. Refusing to surrender firearms or ammunition if ordered
   80  to do so by the court
   81  
   82  commits a misdemeanor of the first degree, punishable as
   83  provided in s. 775.082 or s. 775.083, except as provided in
   84  paragraph (c).
   85         (b)1. It is a violation of s. 790.233, and a misdemeanor of
   86  the first degree, punishable as provided in s. 775.082 or s.
   87  775.083, for a person to violate a final injunction for
   88  protection against domestic violence by having in his or her
   89  care, custody, possession, or control any firearm or ammunition.
   90         2. It is the intent of the Legislature that the
   91  disabilities regarding possession of firearms and ammunition are
   92  consistent with federal law. Accordingly, this paragraph shall
   93  not apply to a state or local officer as defined in s.
   94  943.10(14), holding an active certification, who receives or
   95  possesses a firearm or ammunition for use in performing official
   96  duties on behalf of the officer’s employing agency, unless
   97  otherwise prohibited by the employing agency.
   98         (c) A person who has two or more prior convictions for
   99  violation of an injunction and who commits any third or
  100  subsequent violation commits a felony of the third degree,
  101  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  102  For purposes of this paragraph, the term “conviction” means a
  103  determination of guilt that is the result of a plea or a trial,
  104  regardless of whether adjudication is withheld or a plea of nolo
  105  contendere is entered.
  106         Section 3. Section 784.047, Florida Statutes, is amended to
  107  read:
  108         784.047 Penalties for violating protective injunction
  109  against violators.—
  110         (1) A person who willfully violates an injunction for
  111  protection against repeat violence, sexual violence, or dating
  112  violence, issued pursuant to s. 784.046, or a foreign protection
  113  order accorded full faith and credit pursuant to s. 741.315 by:
  114         (a)(1) Refusing to vacate the dwelling that the parties
  115  share;
  116         (b)(2) Going to, or being within 500 feet of, the
  117  petitioner’s residence, school, place of employment, or a
  118  specified place frequented regularly by the petitioner and any
  119  named family or household member;
  120         (c)(3) Committing an act of repeat violence, sexual
  121  violence, or dating violence against the petitioner;
  122         (d)(4) Committing any other violation of the injunction
  123  through an intentional unlawful threat, word, or act to do
  124  violence to the petitioner;
  125         (e)(5) Telephoning, contacting, or otherwise communicating
  126  with the petitioner directly or indirectly, unless the
  127  injunction specifically allows indirect contact through a third
  128  party;
  129         (f)(6) Knowingly and intentionally coming within 100 feet
  130  of the petitioner’s motor vehicle, whether or not that vehicle
  131  is occupied;
  132         (g)(7) Defacing or destroying the petitioner’s personal
  133  property, including the petitioner’s motor vehicle; or
  134         (h)(8) Refusing to surrender firearms or ammunition if
  135  ordered to do so by the court,
  136  
  137  commits a misdemeanor of the first degree, punishable as
  138  provided in s. 775.082 or s. 775.083, except as provided in
  139  subsection (2).
  140         (2) A person who has two or more prior convictions for
  141  violation of an injunction and who commits any third or
  142  subsequent violation commits a felony of the third degree,
  143  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  144  For purposes of this subsection, the term “conviction” means a
  145  determination of guilt that is the result of a plea or a trial,
  146  regardless of whether adjudication is withheld or a plea of nolo
  147  contendere is entered.
  148         Section 4. Subsection (4) of section 784.0487, Florida
  149  Statutes, is amended to read:
  150         784.0487 Violation of an injunction for protection against
  151  stalking or cyberstalking.—
  152         (4)(a) A person who willfully violates an injunction for
  153  protection against stalking or cyberstalking issued pursuant to
  154  s. 784.0485, or a foreign protection order accorded full faith
  155  and credit pursuant to s. 741.315, by:
  156         1.(a) Going to, or being within 500 feet of, the
  157  petitioner’s residence, school, place of employment, or a
  158  specified place frequented regularly by the petitioner and any
  159  named family members or individuals closely associated with the
  160  petitioner;
  161         2.(b) Committing an act of stalking against the petitioner;
  162         3.(c) Committing any other violation of the injunction
  163  through an intentional unlawful threat, word, or act to do
  164  violence to the petitioner;
  165         4.(d) Telephoning, contacting, or otherwise communicating
  166  with the petitioner, directly or indirectly, unless the
  167  injunction specifically allows indirect contact through a third
  168  party;
  169         5.(e) Knowingly and intentionally coming within 100 feet of
  170  the petitioner’s motor vehicle, whether or not that vehicle is
  171  occupied;
  172         6.(f) Defacing or destroying the petitioner’s personal
  173  property, including the petitioner’s motor vehicle; or
  174         7.(g) Refusing to surrender firearms or ammunition if
  175  ordered to do so by the court,
  176  
  177  commits a misdemeanor of the first degree, punishable as
  178  provided in s. 775.082 or s. 775.083, except as provided in
  179  paragraph (b).
  180         (b) A person who has two or more prior convictions for
  181  violation of an injunction and who commits any third or
  182  subsequent violation commits a felony of the third degree,
  183  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  184  For purposes of this paragraph, the term “conviction” means a
  185  determination of guilt that is the result of a plea or a trial,
  186  regardless of whether adjudication is withheld or a plea of nolo
  187  contendere is entered.
  188         Section 5. Paragraph (b) of subsection (13) of section
  189  775.15, Florida Statutes, is republished, and subsection (14) of
  190  that section is amended, to read:
  191         775.15 Time limitations; general time limitations;
  192  exceptions.—
  193         (13)
  194         (b) If the offense is a first degree felony violation of s.
  195  794.011 and the victim was under 18 years of age at the time the
  196  offense was committed, a prosecution of the offense may be
  197  commenced at any time. This paragraph applies to any such
  198  offense except an offense the prosecution of which would have
  199  been barred by subsection (2) on or before October 1, 2003.
  200         (14)(a) A prosecution for a first or second degree felony
  201  violation of s. 794.011, if the victim is 16 18 years of age or
  202  older at the time of the offense and the offense is reported to
  203  a law enforcement agency within 72 hours after commission of the
  204  offense, may be commenced at any time. If the offense is not
  205  reported within 72 hours after the commission of the offense,
  206  the prosecution must be commenced within the time periods
  207  prescribed in subsection (2).
  208         (b) Except as provided in paragraph (a) or paragraph
  209  (13)(b), a prosecution for a first or second degree felony
  210  violation of s. 794.011, if the victim is 16 years of age or
  211  older at the time of the offense, must be commenced within 6
  212  years after the violation is committed. This paragraph applies
  213  to any such offense except an offense the prosecution of which
  214  would have been barred by subsection (2) on or before July 1,
  215  2015.
  216         Section 6. Subsections (3) and (5) of section 847.0141,
  217  Florida Statutes, are amended, and subsection (6) is added to
  218  that section, to read:
  219         847.0141 Sexting; prohibited acts; penalties.—
  220         (3) A minor who violates subsection (1):
  221         (a) Commits a noncriminal violation for a first violation,
  222  punishable by 8 hours of community service or, if ordered by the
  223  court in lieu of community service, a $60 fine. The court may
  224  also order the minor to participate in suitable training or
  225  instruction in lieu of, or in addition to, community service or
  226  a fine. The minor must sign and accept a citation indicating a
  227  promise to appear before the juvenile court. In lieu of
  228  appearing in court, the minor may complete 8 hours of community
  229  service work, pay a $60 civil penalty, or participate in a
  230  cyber-safety program if such a program is locally available. The
  231  minor must satisfy any penalty within 30 days after receipt of
  232  the citation.
  233         1. A citation issued to a minor under this subsection must
  234  be in a form prescribed by the issuing law enforcement agency,
  235  must be signed by the minor, and must contain all of the
  236  following:
  237         a. The date and time of issuance.
  238         b. The name and address of the minor to whom the citation
  239  is issued.
  240         c. A thumbprint of the minor to whom the citation is
  241  issued.
  242         d. Identification of the noncriminal violation and the time
  243  it was committed.
  244         e. The facts constituting reasonable cause.
  245         f. The specific section of law violated.
  246         g. The name and authority of the citing officer.
  247         h. The procedures that the minor must follow to contest the
  248  citation, perform the required community service, pay the civil
  249  penalty, and participate in a cyber-safety program.
  250         2. If the citation is contested and the court determines
  251  that the minor committed a noncriminal violation under this
  252  section, the court may order the minor to perform 8 hours of
  253  community service, pay a $60 civil penalty, or participate in a
  254  cyber-safety program, or any combination thereof.
  255         3. A minor who fails to comply with the citation waives his
  256  or her right to contest it, and the court may impose any of the
  257  penalties identified in subparagraph 2. or issue an order to
  258  show cause. Upon a finding of contempt, the court may impose
  259  additional age-appropriate penalties, which may include issuance
  260  of an order to the Department of Highway Safety and Motor
  261  Vehicles to withhold issuance of, or suspend the driver license
  262  or driving privilege of, the minor for 30 consecutive days.
  263  However, the court may not impose incarceration.
  264         4. All court records and information obtained or produced
  265  under this paragraph shall be afforded the same level of
  266  confidentiality provided under ss. 985.04 and 985.045. All
  267  noncriminal violations for sexting that occurred on or after
  268  October 1, 2011, are considered confidential.
  269         (b) Commits a misdemeanor of the first degree for a
  270  violation that occurs after the minor has been being found to
  271  have committed a noncriminal violation for sexting or has
  272  satisfied the penalty imposed in lieu of a court appearance as
  273  provided in paragraph (a), punishable as provided in s. 775.082
  274  or s. 775.083, unless a law enforcement officer elects to issue
  275  a civil citation as provided in paragraph (3)(a).
  276         (c) Commits a felony of the third degree for a violation
  277  that occurs after the minor has been being found to have
  278  committed a misdemeanor of the first degree for sexting,
  279  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  280         (5) As used in this section, the term “found to have
  281  committed” means a determination of guilt that is the result of
  282  a plea or trial, or a finding of delinquency that is the result
  283  of a plea or an adjudicatory hearing, regardless of whether
  284  adjudication is withheld.
  285         (6) Eighty percent of all civil penalties received by a
  286  juvenile court pursuant to this section shall be remitted by the
  287  clerk of the court to the county commission to provide training
  288  on cyber-safety for minors. The remaining 20 percent shall
  289  remain with the clerk of the court to defray administrative
  290  costs.
  291         Section 7. Subsection (1) of section 948.11, Florida
  292  Statutes, is amended to read:
  293         948.11 Electronic monitoring devices.—
  294         (1) The Department of Corrections or a local law
  295  enforcement agency may, at its discretion, electronically
  296  monitor an offender sentenced to community control or ordered to
  297  comply with house arrest who is wearing electronic monitoring
  298  equipment as a condition of bond or pretrial release or who is
  299  otherwise wearing electronic monitoring equipment pursuant to a
  300  court order for a protective injunction issued for domestic
  301  violence as defined in s. 741.30; repeat violence, sexual
  302  violence, or dating violence, as defined in s. 784.046; or a
  303  stalking injunction as defined in s. 784.048.
  304         Section 8. Subsection (1) of section 985.0301, Florida
  305  Statutes, is amended to read:
  306         985.0301 Jurisdiction.—
  307         (1) The circuit court has exclusive original jurisdiction
  308  of proceedings in which a child is alleged to have committed:
  309         (a)to have committed A delinquent act or violation of law.
  310         (b) A noncriminal violation that has been assigned to
  311  juvenile court by law.
  312         Section 9. This act shall take effect July 1, 2015.