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

House Bill 1259c1

Florida House of Representatives - 1998 CS/HB 1259 By the Committee on Crime & Punishment and Representatives Dawson-White, Futch, Roberts-Burke, Murman, Meek, Brown and Heyman 1 A bill to be entitled 2 An act relating to criminal offenses involving 3 minors; creating the Children's Protection Act 4 of 1998; amending s. 775.084, F.S., relating to 5 violent career criminal sentencing, to conform 6 to the act; amending ss. 787.01 and 787.02, 7 F.S., relating to kidnapping and false 8 imprisonment, to conform to the act; amending 9 s. 800.03, F.S.; redefining the offense of 10 unlawful exposure or exhibition of sexual 11 organs to prohibit appearing naked under 12 specified circumstances; providing penalties; 13 providing an exception for maternal 14 breastfeeding; amending s. 800.04, F.S.; 15 creating the offenses of "lewd or lascivious 16 battery," "lewd or lascivious molestation," 17 "lewd or lascivious conduct," and "lewd or 18 lascivious exhibition"; providing definitions; 19 providing penalties; precluding consent from 20 being raised as a defense except in certain 21 circumstances; precluding ignorance or belief 22 of age from being raised as a defense; 23 providing an exception for maternal 24 breastfeeding; deleting provisions that define 25 and provide penalties for "lewd, lascivious, or 26 indecent assault or act upon or in the presence 27 of a child"; amending s. 826.04, F.S., relating 28 to incest; removing definition of "sexual 29 intercourse" and defining "sexual activity"; 30 redefining the offense of third degree felony 31 incest to include knowingly marrying or 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 engaging in sexual activity with any of the 2 specified relatives who is at least 18 years 3 old; providing penalties; defining the offense 4 of second degree felony incest against a person 5 under 16 years of age; providing penalties; 6 reenacting ss. 775.15(7), 787.025(2)(a), 7 914.16, and 944.606(1)(b), F.S., relating to 8 time limitations, luring or enticing a child, 9 limits on interviews, and sex offender 10 notification upon release, to incorporate the 11 amendments to ss. 800.04 and 826.04, F.S., in 12 cross references; amending s. 921.0022, F.S.; 13 ranking offenses created in the act in the 14 Criminal Punishment Code offense severity 15 ranking chart; amending s. 948.03, F.S., and 16 reenacting s. 948.03(6), F.S., relating to 17 terms and conditions of probation or community 18 control, to conform to the act; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. This act shall be known and may be cited as 24 the "Children's Protection Act of 1998." 25 Section 2. Paragraph (c) of subsection (1) of section 26 775.084, Florida Statutes, is amended to read: 27 775.084 Violent career criminals; habitual felony 28 offenders and habitual violent felony offenders; definitions; 29 procedure; enhanced penalties.-- 30 (1) As used in this act: 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 (c) "Violent career criminal" means a defendant for 2 whom the court must impose imprisonment pursuant to paragraph 3 (4)(c), if it finds that: 4 1. The defendant has previously been convicted as an 5 adult three or more times for an offense in this state or 6 other qualified offense that is: 7 a. Any forcible felony, as described in s. 776.08; 8 b. Aggravated stalking, as described in s. 784.048(3) 9 and (4); 10 c. Aggravated child abuse, as described in s. 11 827.03(2); 12 d. Aggravated abuse of an elderly person or disabled 13 adult, as described in s. 825.102(2); 14 e. Lewd or lascivious battery, lewd or lascivious 15 molestation, lewd or lascivious conduct, or lewd or lascivious 16 exhibition, lascivious, or indecent conduct, as described in 17 s. 800.04; 18 f. Escape, as described in s. 944.40; or 19 g. A felony violation of chapter 790 involving the use 20 or possession of a firearm. 21 2. The defendant has been incarcerated in a state 22 prison or a federal prison. 23 3. The primary felony offense for which the defendant 24 is to be sentenced is a felony enumerated in subparagraph 1. 25 and was committed on or after October 1, 1995, and: 26 a. While the defendant was serving a prison sentence 27 or other commitment imposed as a result of a prior conviction 28 for an enumerated felony; or 29 b. Within 5 years after the conviction of the last 30 prior enumerated felony, or within 5 years after the 31 defendant's release from a prison sentence or other commitment 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 imposed as a result of a prior conviction for an enumerated 2 felony, whichever is later. 3 4. The defendant has not received a pardon for any 4 felony or other qualified offense that is necessary for the 5 operation of this paragraph. 6 5. A conviction of a felony or other qualified offense 7 necessary to the operation of this paragraph has not been set 8 aside in any postconviction proceeding. 9 (6) The purpose of this section is to provide uniform 10 punishment for those crimes made punishable under this 11 section, and to this end, a reference to this section 12 constitutes a general reference under the doctrine of 13 incorporation by reference. 14 Section 3. Paragraph (a) of subsection (3) of section 15 787.01, Florida Statutes, is amended to read: 16 787.01 Kidnapping; kidnapping of child under age 13, 17 aggravating circumstances.-- 18 (3)(a) A person who commits the offense of kidnapping 19 upon a child under the age of 13 and who, in the course of 20 committing the offense, commits one or more of the following: 21 1. Aggravated child abuse, as defined in s. 827.03; 22 2. Sexual battery, as defined in chapter 794, against 23 the child; 24 3. Lewd or lascivious battery, lewd or lascivious 25 molestation, lewd or lascivious conduct, or lewd or lascivious 26 exhibition A lewd, lascivious, or indecent assault or act upon 27 or in the presence of the child, in violation of s. 800.04; 28 4. A violation of s. 796.03 or s. 796.04, relating to 29 prostitution, upon the child; or 30 5. Exploitation of the child or allowing the child to 31 be exploited, in violation of s. 450.151, 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 2 commits a life felony, punishable as provided in s. 775.082, 3 s. 775.083, or s. 775.084. 4 Section 4. Paragraph (a) of subsection (3) of section 5 787.02, Florida Statutes, is amended to read: 6 787.02 False imprisonment; false imprisonment of child 7 under age 13, aggravating circumstances.-- 8 (3)(a) A person who commits the offense of false 9 imprisonment upon a child under the age of 13 and who, in the 10 course of committing the offense, commits any offense 11 enumerated in subparagraphs 1.-5., commits a felony of the 12 first degree, punishable by imprisonment for a term of years 13 not exceeding life or as provided in s. 775.082, s. 775.083, 14 or s. 775.084. 15 1. Aggravated child abuse, as defined in s. 827.03; 16 2. Sexual battery, as defined in chapter 794, against 17 the child; 18 3. Lewd or lascivious battery, lewd or lascivious 19 molestation, lewd or lascivious conduct, or lewd or lascivious 20 exhibition A lewd, lascivious, or indecent assault or act upon 21 or in the presence of the child, in violation of s. 800.04; 22 4. A violation of s. 796.03 or s. 796.04, relating to 23 prostitution, upon the child; or 24 5. Exploitation of the child or allowing the child to 25 be exploited, in violation of s. 450.151. 26 Section 5. Section 800.03, Florida Statutes, is 27 amended to read: 28 800.03 Exposure of sexual organs.-- 29 (1) It is unlawful for any person, in a lewd or 30 lascivious manner, to expose or exhibit his or her one's 31 sexual organs in public or on the private premises of another, 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 or so near thereto as to be seen from such private premises, 2 in a vulgar or indecent manner, or appear to be naked in 3 public except in any place provided or set apart for that 4 purpose. 5 (2) A person who commits a violation of this section 6 commits is a misdemeanor of the first degree, punishable as 7 provided in s. 775.082 or s. 775.083. 8 (3) A mother's breastfeeding of her baby does not 9 under any circumstance violate this section. 10 Section 6. Section 800.04, Florida Statutes, is 11 amended to read: 12 800.04 Lewd or lascivious offenses committed upon or 13 in the presence of persons less than 16 years of age Lewd, 14 lascivious, or indecent assault or act upon or in presence of 15 child.-- 16 (1) DEFINITIONS.--As used in this section: 17 (a) "Sexual activity" means the oral, anal, or vaginal 18 penetration by, or union with, the sexual organ of another or 19 the anal or vaginal penetration of another by any other 20 object; however, sexual activity does not include an act done 21 for a bona fide medical purpose. 22 (b) "Consent" means intelligent, knowing, and 23 voluntary consent, and does not include submission by 24 coercion. 25 (c) "Coercion" means the use of exploitation, bribes, 26 threats of force, or intimidation to gain cooperation or 27 compliance. 28 (d) "Victim" means a person upon whom an offense 29 described in this section was committed or attempted; or a 30 person who has reported a violation of this section to a law 31 enforcement officer. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 (2) CONSENT OF VICTIM.-- 2 (a) If the victim is under 12 years of age, the 3 consent of the victim cannot be raised as a defense to a 4 prosecution for any offense under this section. 5 (b) If the victim is 12 years of age or older but less 6 than 16 years of age, the consent of the victim cannot be 7 raised as a defense to a prosecution for any offense under 8 this section if the difference between the age of the offender 9 and the age of the victim exceeds 2 years. 10 (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The 11 perpetrator's ignorance of the victim's age, the victim's 12 misrepresentation of his or her age, or the perpetrator's bona 13 fide belief of the victim's age, cannot be raised as a defense 14 in a prosecution under this section. 15 (4) LEWD OR LASCIVIOUS BATTERY.--A person who: 16 (a) Engages in sexual activity with a person 12 years 17 of age or older but less than 16 years of age; or 18 (b) Encourages, forces, or entices any person less 19 than 16 years of age to engage in sadomasochistic abuse, 20 sexual bestiality, prostitution, or any other act involving 21 sexual activity 22 23 commits lewd or lascivious battery, a felony of the second 24 degree, punishable as provided in s. 775.082, s. 775.083, or 25 s. 775.084. 26 (5) LEWD OR LASCIVIOUS MOLESTATION.-- 27 (a) A person who intentionally touches in a lewd or 28 lascivious manner the breasts, genitals, genital area, or 29 buttocks, or the clothing covering them, of a person less than 30 16 years of age, or forces or entices a person under 16 years 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 of age to so touch the perpetrator, commits lewd or lascivious 2 molestation. 3 (b) An offender 18 years of age or older who commits 4 lewd or lascivious molestation against a victim less than 12 5 years of age commits a felony of the first degree, punishable 6 as provided in s. 775.082, s. 775.083, or s. 775.084. 7 (c)1. An offender less than 18 years of age who 8 commits lewd or lascivious molestation against a victim less 9 than 12 years of age; or 10 2. An offender 18 years of age or older who commits 11 lewd or lascivious molestation against a victim 12 years of 12 age or older but less than 16 years of age 13 14 commits a felony of the second degree, punishable as provided 15 in s. 775.082, s. 775.083, or s. 775.084. 16 (d) An offender less than 18 years of age who commits 17 lewd or lascivious molestation against a victim 12 years of 18 age or older but less than 16 years of age commits a felony of 19 the third degree, punishable as provided in s. 775.082, s. 20 775.083, or s. 775.084. 21 (6) LEWD OR LASCIVIOUS CONDUCT.-- 22 (a) A person who: 23 1. Intentionally touches a person under 16 years of 24 age in a lewd or lascivious manner; or 25 2. Solicits a person under 16 years of age to commit a 26 lewd or lascivious act 27 28 commits lewd or lascivious conduct. 29 (b) An offender 18 years of age or older who commits 30 lewd or lascivious conduct commits a felony of the second 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 degree, punishable as provided in s. 775.082, s. 775.083, or 2 s. 775.084. 3 (c) An offender less than 18 years of age who commits 4 lewd or lascivious conduct commits a felony of the third 5 degree, punishable as provided in s. 775.082, s. 775.083, or 6 s. 775.084. 7 (7) LEWD OR LASCIVIOUS EXHIBITION.-- 8 (a) A person who: 9 1. Intentionally masturbates; 10 2. Intentionally exposes the genitals in a lewd or 11 lascivious manner; or 12 3. Intentionally commits any other sexual act that 13 does not involve actual physical or sexual contact with the 14 victim, including, but not limited to, sadomasochistic abuse, 15 sexual bestiality, or the simulation of any act involving 16 sexual activity 17 18 in the presence of a victim who is less than 16 years of age, 19 commits lewd or lascivious exhibition. 20 (b) An offender 18 years of age or older who commits a 21 lewd or lascivious exhibition commits a felony of the second 22 degree, punishable as provided in s. 775.082, s. 775.083, or 23 s. 775.084. 24 (c) An offender less than 18 years of age who commits 25 a lewd or lascivious exhibition commits a felony of the third 26 degree, punishable as provided in s. 775.082, s. 775.083, or 27 s. 775.084. 28 (8) EXCEPTION.--A mother's breastfeeding of her baby 29 does not under any circumstance constitute a violation of this 30 section. A person who: 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 (1) Handles, fondles, or assaults any child under the 2 age of 16 years in a lewd, lascivious, or indecent manner; 3 (2) Commits actual or simulated sexual intercourse, 4 deviate sexual intercourse, sexual bestiality, masturbation, 5 sadomasochistic abuse, actual lewd exhibition of the genitals, 6 or any act or conduct which simulates that sexual battery is 7 being or will be committed upon any child under the age of 16 8 years or forces or entices the child to commit any such act; 9 (3) Commits an act defined as sexual battery under s. 10 794.011(1)(h) upon any child under the age of 16 years; or 11 (4) Knowingly commits any lewd or lascivious act in 12 the presence of any child under the age of 16 years, 13 14 without committing the crime of sexual battery, commits a 15 felony of the second degree, punishable as provided in s. 16 775.082, s. 775.083, or s. 775.084. Neither the victim's lack 17 of chastity nor the victim's consent is a defense to the crime 18 proscribed by this section. A mother's breastfeeding of her 19 baby does not under any circumstance violate this section. 20 Section 7. Section 826.04, Florida Statutes, is 21 amended to read: 22 826.04 Incest.-- 23 (1) A person who Whoever knowingly marries or engages 24 in sexual activity has sexual intercourse with a person 18 25 years of age or older to whom he or she is related by lineal 26 consanguinity, or a brother, sister, uncle, aunt, nephew, or 27 niece, commits incest, which constitutes a felony of the third 28 degree, punishable as provided in s. 775.082, s. 775.083, or 29 s. 775.084. "Sexual intercourse" is the penetration of the 30 female sex organ by the male sex organ, however slight; 31 emission of semen is not required. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 (2) A person who knowingly marries or engages in 2 sexual activity with a person less than 18 years of age to 3 whom he or she is related by lineal consanguinity, or a 4 brother, sister, uncle, aunt, nephew, or niece, commits 5 incest, a felony of the second degree, punishable as provided 6 in s. 775.082, s. 775.083, or s. 775.084. 7 (3) For purposes of this section, "sexual activity" 8 means the oral, anal, or vaginal penetration by or union with, 9 the sexual organ of another; however, sexual activity does not 10 include an act done for a bona fide medical purpose. 11 Section 8. For the purpose of incorporating the 12 amendments to sections 800.04 and 826.04, Florida Statutes, in 13 references thereto, the sections or subdivisions of Florida 14 Statutes set forth below are reenacted to read: 15 775.15 Time limitations.-- 16 (7) If the victim of a violation of s. 794.011, former 17 s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is 18 under the age of 16, the applicable period of limitation, if 19 any, does not begin to run until the victim has reached the 20 age of 16 or the violation is reported to a law enforcement 21 agency or other governmental agency, whichever occurs earlier. 22 Such law enforcement agency or other governmental agency shall 23 promptly report such allegation to the state attorney for the 24 judicial circuit in which the alleged violation occurred. If 25 the offense is a first or second degree felony violation of s. 26 794.011, and the crime is reported within 72 hours after its 27 commission, paragraph (1)(b) applies. This subsection applies 28 to any such offense except an offense the prosecution of which 29 would have been barred by subsection (2) on or before December 30 31, 1984. 31 787.025 Luring or enticing a child.-- 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 (2)(a) A person over the age of 18 who, having been 2 previously convicted of a violation of chapter 794 or s. 3 800.04, or a violation of a similar law of another 4 jurisdiction, intentionally lures or entices, or attempts to 5 lure or entice, a child under the age of 12 into a structure, 6 dwelling, or conveyance for other than a lawful purpose 7 commits a felony of the third degree, punishable as provided 8 in s. 775.082, s. 775.083, or s. 775.084. 9 914.16 Child abuse and sexual abuse of victims under 10 age 16 or persons with mental retardation; limits on 11 interviews.--The chief judge of each judicial circuit, after 12 consultation with the state attorney and the public defender 13 for the judicial circuit, the appropriate chief law 14 enforcement officer, and any other person deemed appropriate 15 by the chief judge, shall provide by order reasonable limits 16 on the number of interviews that a victim of a violation of s. 17 794.011, s. 800.04, or s. 827.03 who is under 16 years of age 18 or a victim of a violation of s. 794.011, s. 800.02, s. 19 800.03, or s. 825.102 who is a person with mental retardation 20 as defined in s. 393.063(41) must submit to for law 21 enforcement or discovery purposes. The order shall, to the 22 extent possible, protect the victim from the psychological 23 damage of repeated interrogations while preserving the rights 24 of the public, the victim, and the person charged with the 25 violation. 26 944.606 Sexual offenders; notification upon release.-- 27 (1) As used in this section: 28 (b) "Sexual offender" means a person who has been 29 convicted of a felony violation of chapter 794, s. 800.04, s. 30 827.071, or s. 847.0145, or a violation of a similar law of 31 another jurisdiction, when the department has received 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 verified information regarding such conviction; an offender's 2 computerized criminal history record is not, in and of itself, 3 verified information. 4 Section 9. Paragraphs (b), (d), (e), (f), (g), (h), 5 (i), and (j) of subsection (3) of section 921.0022, Florida 6 Statutes, are amended to read: 7 921.0022 Criminal Punishment Code; offense severity 8 ranking chart.-- 9 (3) OFFENSE SEVERITY RANKING CHART 10 11 Florida Felony 12 Statute Degree Description 13 14 (b) LEVEL 2 15 403.413(5)(c) 3rd Dumps waste litter exceeding 500 16 lbs. in weight or 100 cubic feet 17 in volume or any quantity for 18 commercial purposes, or hazardous 19 waste. 20 517.07 3rd Registration of securities and 21 furnishing of prospectus 22 required. 23 590.28(1) 3rd Willful, malicious, or 24 intentional burning. 25 784.05(3) 3rd Storing or leaving a loaded 26 firearm within reach of minor who 27 uses it to inflict injury or 28 death. 29 787.04(1) 3rd In violation of court order, 30 take, entice, etc., minor beyond 31 state limits. 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 2 or more to public communication 3 or any other public service. 4 810.09(2)(e) 3rd Trespassing on posted commerical 5 horticulture property. 6 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or 7 more but less than $5,000. 8 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or 9 more but less than $300, taken 10 from unenclosed curtilage of 11 dwelling. 12 817.234(1)(a)2. 3rd False statement in support of 13 insurance claim. 14 817.481(3)(a) 3rd Obtain credit or purchase with 15 false, expired, counterfeit, 16 etc., credit card, value over 17 $300. 18 817.52(3) 3rd Failure to redeliver hired 19 vehicle. 20 817.54 3rd With intent to defraud, obtain 21 mortgage note, etc., by false 22 representation. 23 817.60(5) 3rd Dealing in credit cards of 24 another. 25 817.60(6)(a) 3rd Forgery; purchase goods, services 26 with false card. 27 817.61 3rd Fraudulent use of credit cards 28 over $100 or more within 6 29 months. 30 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 826.04(1) 3rd Knowingly marries or engages in 2 sexual activity has sexual 3 intercourse with person 18 years 4 of age or older to whom related. 5 831.01 3rd Forgery. 6 831.02 3rd Uttering forged instrument; 7 utters or publishes alteration 8 with intent to defraud. 9 831.07 3rd Forging bank bills or promissory 10 note. 11 831.08 3rd Possession of 10 or more forged 12 notes. 13 831.09 3rd Uttering forged bills; passes as 14 bank bill or promissory note. 15 832.05(3)(a) 3rd Cashing or depositing item with 16 intent to defraud. 17 843.08 3rd Falsely impersonating an officer. 18 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), 19 (2)(c), (3), or (4) drugs other 20 than cannabis. 21 893.147(2) 3rd Manufacture or delivery of drug 22 paraphernalia. 23 24 (d) LEVEL 4 25 316.1935(2) 3rd Fleeing or attempting to elude 26 law enforcement officer resulting 27 in high-speed pursuit. 28 784.07(2)(b) 3rd Battery of law enforcement 29 officer, firefighter, intake 30 officer, etc. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 784.075 3rd Battery on detention or 2 commitment facility staff. 3 784.08(2)(c) 3rd Battery on a person 65 years of 4 age or older. 5 784.081(3) 3rd Battery on specified official or 6 employee. 7 784.082(3) 3rd Battery by detained person on 8 visitor or other detainee. 9 787.03(1) 3rd Interference with custody; 10 wrongly takes child from 11 appointed guardian. 12 787.04(2) 3rd Take, entice, or remove child 13 beyond state limits with criminal 14 intent pending custody 15 proceedings. 16 787.04(3) 3rd Carrying child beyond state lines 17 with criminal intent to avoid 18 producing child at custody 19 hearing or delivering to 20 designated person. 21 790.115(1) 3rd Exhibiting firearm or weapon 22 within 1,000 feet of a school. 23 790.115(2)(b) 3rd Possessing electric weapon or 24 device, destructive device, or 25 other weapon on school property. 26 790.115(2)(c) 3rd Possessing firearm on school 27 property. 28 800.04(7)(c) 3rd Lewd or lascivious exhibition; 29 offender less than 18 years. 30 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 810.02(4)(a) 3rd Burglary, or attempted burglary, 2 of an unoccupied structure; 3 unarmed; no assault or battery. 4 810.02(4)(b) 3rd Burglary, or attempted burglary, 5 of an unoccupied conveyance; 6 unarmed; no assault or battery. 7 810.06 3rd Burglary; possession of tools. 8 810.08(2)(c) 3rd Trespass on property, armed with 9 firearm or dangerous weapon. 10 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 11 or more but less than $20,000. 12 812.014 13 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, 14 firearm, motor vehicle, 15 livestock, etc. 16 817.563(1) 3rd Sell or deliver substance other 17 than controlled substance agreed 18 upon, excluding s. 893.03(5) 19 drugs. 20 828.125(1) 2nd Kill, maim, or cause great bodily 21 harm or permanent breeding 22 disability to any registered 23 horse or cattle. 24 837.02(1) 3rd Perjury in official proceedings. 25 837.021(1) 3rd Make contradictory statements in 26 official proceedings. 27 843.025 3rd Deprive law enforcement, 28 correctional, or correctional 29 probation officer of means of 30 protection or communication. 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 843.15(1)(a) 3rd Failure to appear while on bail 2 for felony (bond estreature or 3 bond jumping). 4 874.05(1) 3rd Encouraging or recruiting another 5 to join a criminal street gang. 6 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 7 893.03(1)(a), (b), or (d), or 8 (2)(a) or (b) drugs). 9 914.14(2) 3rd Witnesses accepting bribes. 10 914.22(1) 3rd Force, threaten, etc., witness, 11 victim, or informant. 12 914.23(2) 3rd Retaliation against a witness, 13 victim, or informant, no bodily 14 injury. 15 918.12 3rd Tampering with jurors. 16 17 (e) LEVEL 5 18 316.027(1)(a) 3rd Accidents involving personal 19 injuries, failure to stop; 20 leaving scene. 21 316.1935(3) 3rd Aggravated fleeing or eluding. 22 322.34(3) 3rd Careless operation of motor 23 vehicle with suspended license, 24 resulting in death or serious 25 bodily injury. 26 327.30(5) 3rd Vessel accidents involving 27 personal injury; leaving scene. 28 381.0041(11)(b) 3rd Donate blood, plasma, or organs 29 knowing HIV positive. 30 790.01(2) 3rd Carrying a concealed firearm. 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 790.162 2nd Threat to throw or discharge 2 destructive device. 3 790.163 2nd False report of deadly explosive. 4 790.165(2) 3rd Manufacture, sell, possess, or 5 deliver hoax bomb. 6 790.221(1) 2nd Possession of short-barreled 7 shotgun or machine gun. 8 790.23 2nd Felons in possession of firearms 9 or electronic weapons or devices. 10 800.04(6)(c) 3rd Lewd or lascivious conduct; 11 offender less than 18 years. 12 800.04(7)(b) 2nd Lewd or lascivious exhibition; 13 offender 18 years or older. 14 806.111(1) 3rd Possess, manufacture, or dispense 15 fire bomb with intent to damage 16 any structure or property. 17 812.019(1) 2nd Stolen property; dealing in or 18 trafficking in. 19 812.16(2) 3rd Owning, operating, or conducting 20 a chop shop. 21 817.034(4)(a)2. 2nd Communications fraud, value 22 $20,000 to $50,000. 23 825.1025(4) 3rd Lewd or lascivious exhibition in 24 the presence of an elderly person 25 or disabled adult. 26 827.071(4) 2nd Possess with intent to promote 27 any photographic material, motion 28 picture, etc., which includes 29 sexual conduct by a child. 30 31 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 843.01 3rd Resist officer with violence to 2 person; resist arrest with 3 violence. 4 874.05(2) 2nd Encouraging or recruiting another 5 to join a criminal street gang; 6 second or subsequent offense. 7 893.13(1)(a)1. 2nd Sell, manufacture, or deliver 8 cocaine (or other s. 9 893.03(1)(a), (1)(b), (1)(d), 10 (2)(a), or (2)(b) drugs). 11 893.13(1)(c)2. 2nd Sell, manufacture, or deliver 12 cannabis (or other s. 13 893.03(1)(c), (2)(c), (3), or (4) 14 drugs) within 1,000 feet of a 15 school. 16 893.13(1)(d)1. 1st Sell, manufacture, or deliver 17 cocaine (or other s. 18 893.03(1)(a), (1)(b), (1)(d), 19 (2)(a), or (2)(b) drugs) within 20 200 feet of university, public 21 housing facility, or public park. 22 893.13(4)(b) 2nd Deliver to minor cannabis (or 23 other s. 893.03(1)(c), (2)(c), 24 (3), or (4) drugs). 25 26 (f) LEVEL 6 27 316.027(1)(b) 2nd Accident involving death, failure 28 to stop; leaving scene. 29 316.193(2)(b) 3rd Felony DUI, 4th or subsequent 30 conviction. 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 775.0875(1) 3rd Taking firearm from law 2 enforcement officer. 3 784.021(1)(a) 3rd Aggravated assault; deadly weapon 4 without intent to kill. 5 784.021(1)(b) 3rd Aggravated assault; intent to 6 commit felony. 7 784.048(3) 3rd Aggravated stalking; credible 8 threat. 9 784.07(2)(c) 2nd Aggravated assault on law 10 enforcement officer. 11 784.08(2)(b) 2nd Aggravated assault on a person 65 12 years of age or older. 13 784.081(2) 2nd Aggravated assault on specified 14 official or employee. 15 784.082(2) 2nd Aggravated assault by detained 16 person on visitor or other 17 detainee. 18 787.02(2) 3rd False imprisonment; restraining 19 with purpose other than those in 20 s. 787.01. 21 790.115(2)(d) 2nd Discharging firearm or weapon on 22 school property. 23 790.161(2) 2nd Make, possess, or throw 24 destructive device with intent to 25 do bodily harm or damage 26 property. 27 790.164(1) 2nd False report of deadly explosive 28 or act of arson or violence to 29 state property. 30 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 790.19 2nd Shooting or throwing deadly 2 missiles into dwellings, vessels, 3 or vehicles. 4 794.011(8)(a) 3rd Solicitation of minor to 5 participate in sexual activity by 6 custodial adult. 7 794.05(1) 2nd Unlawful sexual activity with 8 specified minor. 9 800.04(5)(d) 3rd Lewd or lascivious molestation; 10 victim 12 years of age or older 11 but less than 16 years; offender 12 less than 18 years. 13 800.04(6)(b) 2nd Lewd or lascivious conduct; 14 offender 18 years of age or 15 older. 16 806.031(2) 2nd Arson resulting in great bodily 17 harm to firefighter or any other 18 person. 19 810.02(3)(c) 2nd Burglary of occupied structure; 20 unarmed; no assault or battery. 21 812.014(2)(b) 2nd Property stolen $20,000 or more, 22 but less than $100,000, grand 23 theft in 2nd degree. 24 812.13(2)(c) 2nd Robbery, no firearm or other 25 weapon (strong-arm robbery). 26 817.034(4)(a)1. 1st Communications fraud, value 27 greater than $50,000. 28 817.4821(5) 2nd Possess cloning paraphernalia 29 with intent to create cloned 30 cellular telephones. 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 825.102(1) 3rd Abuse of an elderly person or 2 disabled adult. 3 825.102(3)(c) 3rd Neglect of an elderly person or 4 disabled adult. 5 825.1025(3) 3rd Lewd or lascivious molestation of 6 an elderly person or disabled 7 adult. 8 825.103(2)(c) 3rd Exploiting an elderly person or 9 disabled adult and property is 10 valued at $100 or more, but less 11 than $20,000. 12 827.03(1) 3rd Abuse of a child. 13 827.03(3)(c) 3rd Neglect of a child. 14 827.071(2)&(3) 2nd Use or induce a child in a sexual 15 performance, or promote or direct 16 such performance. 17 836.05 2nd Threats; extortion. 18 836.10 2nd Written threats to kill or do 19 bodily injury. 20 843.12 3rd Aids or assists person to escape. 21 914.23 2nd Retaliation against a witness, 22 victim, or informant, with bodily 23 injury. 24 944.35(3)(a)2. 3rd Committing malicious battery upon 25 or inflicting cruel or inhuman 26 treatment on an inmate or 27 offender on community 28 supervision, resulting in great 29 bodily harm. 30 944.40 2nd Escapes. 31 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 944.46 3rd Harboring, concealing, aiding 2 escaped prisoners. 3 944.47(1)(a)5. 2nd Introduction of contraband 4 (firearm, weapon, or explosive) 5 into correctional facility. 6 951.22(1) 3rd Intoxicating drug, firearm, or 7 weapon introduced into county 8 facility. 9 10 (g) LEVEL 7 11 316.193(3)(c)2. 3rd DUI resulting in serious bodily 12 injury. 13 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 14 bodily injury. 15 409.920(2) 3rd Medicaid provider fraud. 16 494.0018(2) 1st Conviction of any violation of 17 ss. 494.001-494.0077 in which the 18 total money and property 19 unlawfully obtained exceeded 20 $50,000 and there were five or 21 more victims. 22 782.07(1) 2nd Killing of a human being by the 23 act, procurement, or culpable 24 negligence of another 25 (manslaughter). 26 782.071 3rd Killing of human being by the 27 operation of a motor vehicle in a 28 reckless manner (vehicular 29 homicide). 30 31 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 782.072 3rd Killing of a human being by the 2 operation of a vessel in a 3 reckless manner (vessel 4 homicide). 5 784.045(1)(a)1. 2nd Aggravated battery; intentionally 6 causing great bodily harm or 7 disfigurement. 8 784.045(1)(a)2. 2nd Aggravated battery; using deadly 9 weapon. 10 784.045(1)(b) 2nd Aggravated battery; perpetrator 11 aware victim pregnant. 12 784.048(4) 3rd Aggravated stalking; violation of 13 injunction or court order. 14 784.07(2)(d) 1st Aggravated battery on law 15 enforcement officer. 16 784.08(2)(a) 1st Aggravated battery on a person 65 17 years of age or older. 18 784.081(1) 1st Aggravated battery on specified 19 official or employee. 20 784.082(1) 1st Aggravated battery by detained 21 person on visitor or other 22 detainee. 23 790.07(4) 1st Specified weapons violation 24 subsequent to previous conviction 25 of s. 790.07(1) or (2). 26 790.16(1) 1st Discharge of a machine gun under 27 specified circumstances. 28 796.03 2nd Procuring any person under 16 29 years for prostitution. 30 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 2 victim less than 12 years of age; 3 offender less than 18 years. 4 Handle, fondle, or assault child 5 under 16 years in lewd, 6 lascivious, or indecent manner. 7 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 8 victim 12 years of age or older 9 but less than 16 years; offender 10 18 years or older. 11 806.01(2) 2nd Maliciously damage structure by 12 fire or explosive. 13 810.02(3)(a) 2nd Burglary of occupied dwelling; 14 unarmed; no assault or battery. 15 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 16 unarmed; no assault or battery. 17 810.02(3)(d) 2nd Burglary of occupied conveyance; 18 unarmed; no assault or battery. 19 812.014(2)(a) 1st Property stolen, valued at 20 $100,000 or more; property stolen 21 while causing other property 22 damage; 1st degree grand theft. 23 812.019(2) 1st Stolen property; initiates, 24 organizes, plans, etc., the theft 25 of property and traffics in 26 stolen property. 27 812.133(2)(b) 1st Carjacking; no firearm, deadly 28 weapon, or other weapon. 29 30 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 825.102(3)(b) 2nd Neglecting an elderly person or 2 disabled adult causing great 3 bodily harm, disability, or 4 disfigurement. 5 825.1025(2) 2nd Lewd or lascivious battery upon 6 an elderly person or disabled 7 adult. 8 825.103(2)(b) 2nd Exploiting an elderly person or 9 disabled adult and property is 10 valued at $20,000 or more, but 11 less than $100,000. 12 827.03(3)(b) 2nd Neglect of a child causing great 13 bodily harm, disability, or 14 disfigurement. 15 827.04(4) 3rd Impregnation of a child under 16 16 years of age by person 21 years 17 of age or older. 18 872.06 2nd Abuse of a dead human body. 19 893.13(1)(c)1. 1st Sell, manufacture, or deliver 20 cocaine (or other s. 21 893.03(1)(a), (1)(b), (1)(d), 22 (2)(a), or (2)(b) drugs) within 23 1,000 feet of a school. 24 893.13(4)(a) 1st Deliver to minor cocaine (or 25 other s. 893.03(1)(a), (1)(b), 26 (1)(d), (2)(a), or (2)(b) drugs). 27 893.135(1)(a)1. 1st Trafficking in cannabis, more 28 than 50 lbs., less than 2,000 29 lbs. 30 31 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 893.135 2 (1)(b)1.a. 1st Trafficking in cocaine, more than 3 28 grams, less than 200 grams. 4 893.135 5 (1)(c)1.a. 1st Trafficking in illegal drugs, 6 more than 4 grams, less than 14 7 grams. 8 893.135 9 (1)(d)1. 1st Trafficking in phencyclidine, 10 more than 28 grams, less than 200 11 grams. 12 893.135(1)(e)1. 1st Trafficking in methaqualone, more 13 than 200 grams, less than 5 14 kilograms. 15 893.135(1)(f)1. 1st Trafficking in amphetamine, more 16 than 14 grams, less than 28 17 grams. 18 19 (h) LEVEL 8 20 316.193 21 (3)(c)3.a. 2nd DUI manslaughter. 22 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 23 777.03(2)(a) 1st Accessory after the fact, capital 24 felony. 25 782.04(4) 2nd Killing of human without design 26 when engaged in act or attempt of 27 any felony other than arson, 28 sexual battery, robbery, 29 burglary, kidnapping, aircraft 30 piracy, or unlawfully discharging 31 bomb. 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 782.071(2) 2nd Committing vehicular homicide and 2 failing to render aid or give 3 information. 4 782.072(2) 2nd Committing vessel homicide and 5 failing to render aid or give 6 information. 7 790.161(3) 1st Discharging a destructive device 8 which results in bodily harm or 9 property damage. 10 794.011(5) 2nd Sexual battery, victim 12 years 11 or over, offender does not use 12 physical force likely to cause 13 serious injury. 14 800.04(4) 2nd Lewd or lascivious battery. 15 806.01(1) 1st Maliciously damage dwelling or 16 structure by fire or explosive, 17 believing person in structure. 18 810.02(2)(a) 1st,PBL Burglary with assault or battery. 19 810.02(2)(b) 1st,PBL Burglary; armed with explosives 20 or dangerous weapon. 21 810.02(2)(c) 1st Burglary of a dwelling or 22 structure causing structural 23 damage or $1,000 or more property 24 damage. 25 812.13(2)(b) 1st Robbery with a weapon. 26 812.135(2) 1st Home-invasion robbery. 27 825.102(2) 2nd Aggravated abuse of an elderly 28 person or disabled adult. 29 825.103(2)(a) 1st Exploiting an elderly person or 30 disabled adult and property is 31 valued at $100,000 or more. 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 826.04(2) 2nd Knowingly marries or engages in 2 sexual activity with person less 3 than 18 years of age to whom 4 related. 5 827.03(2) 2nd Aggravated child abuse. 6 860.121(2)(c) 1st Shooting at or throwing any 7 object in path of railroad 8 vehicle resulting in great bodily 9 harm. 10 860.16 1st Aircraft piracy. 11 893.13(1)(b) 1st Sell or deliver in excess of 10 12 grams of any substance specified 13 in s. 893.03(1)(a) or (b). 14 893.13(2)(b) 1st Purchase in excess of 10 grams of 15 any substance specified in s. 16 893.03(1)(a) or (b). 17 893.13(6)(c) 1st Possess in excess of 10 grams of 18 any substance specified in s. 19 893.03(1)(a) or (b). 20 893.135(1)(a)2. 1st Trafficking in cannabis, more 21 than 2,000 lbs., less than 10,000 22 lbs. 23 893.135 24 (1)(b)1.b. 1st Trafficking in cocaine, more than 25 200 grams, less than 400 grams. 26 893.135 27 (1)(c)1.b. 1st Trafficking in illegal drugs, 28 more than 14 grams, less than 28 29 grams. 30 31 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 893.135(1)(d)1.b. 1st Trafficking in phencyclidine, 2 more than 200 grams, less than 3 400 grams. 4 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more 5 than 5 kilograms, less than 25 6 kilograms. 7 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more 8 than 28 grams, less than 200 9 grams. 10 895.03(1) 1st Use or invest proceeds derived 11 from pattern of racketeering 12 activity. 13 895.03(2) 1st Acquire or maintain through 14 racketeering activity any 15 interest in or control of any 16 enterprise or real property. 17 895.03(3) 1st Conduct or participate in any 18 enterprise through pattern of 19 racketeering activity. 20 21 (i) LEVEL 9 22 316.193 23 (3)(c)3.b. 1st DUI manslaughter; failing to 24 render aid or give information. 25 782.04(1) 1st Attempt, conspire, or solicit to 26 commit premeditated murder. 27 782.04(3) 1st,PBL Accomplice to murder in 28 connection with arson, sexual 29 battery, robbery, burglary, and 30 other specified felonies. 31 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 782.07(2) 1st Aggravated manslaughter of an 2 elderly person or disabled adult. 3 782.07(3) 1st Aggravated manslaughter of a 4 child. 5 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or 6 reward or as a shield or hostage. 7 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit 8 or facilitate commission of any 9 felony. 10 787.01(1)(a)4. 1st,PBL Kidnapping with intent to 11 interfere with performance of any 12 governmental or political 13 function. 14 787.02(3)(a) 1st False imprisonment; child under 15 age 13; perpetrator also commits 16 child abuse, sexual battery, or 17 lewd, or lascivious battery, 18 molestation, conduct, or 19 exhibition act, etc. 20 790.161 1st Attempted capital destructive 21 device offense. 22 794.011(2) 1st Attempted sexual battery; victim 23 less than 12 years of age. 24 794.011(2) Life Sexual battery; offender younger 25 than 18 years and commits sexual 26 battery on a person less than 12 27 years. 28 794.011(4) 1st Sexual battery; victim 12 years 29 or older, certain circumstances. 30 31 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 794.011(8)(b) 1st Sexual battery; engage in sexual 2 conduct with minor 12 to 18 years 3 by person in familial or 4 custodial authority. 5 800.04(5)(b) 1st Lewd or lascivious molestation; 6 victim less than 12 years; 7 offender 18 years or older. 8 812.13(2)(a) 1st,PBL Robbery with firearm or other 9 deadly weapon. 10 812.133(2)(a) 1st,PBL Carjacking; firearm or other 11 deadly weapon. 12 847.0145(1) 1st Selling, or otherwise 13 transferring custody or control, 14 of a minor. 15 847.0145(2) 1st Purchasing, or otherwise 16 obtaining custody or control, of 17 a minor. 18 859.01 1st Poisoning food, drink, medicine, 19 or water with intent to kill or 20 injure another person. 21 893.135 1st Attempted capital trafficking 22 offense. 23 893.135(1)(a)3. 1st Trafficking in cannabis, more 24 than 10,000 lbs. 25 893.135 26 (1)(b)1.c. 1st Trafficking in cocaine, more than 27 400 grams, less than 150 28 kilograms. 29 30 31 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 893.135 2 (1)(c)1.c. 1st Trafficking in illegal drugs, 3 more than 28 grams, less than 30 4 kilograms. 5 893.135(1)(d)1.c. 1st Trafficking in phencyclidine, 6 more than 400 grams. 7 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more 8 than 25 kilograms. 9 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more 10 than 200 grams. 11 12 (j) LEVEL 10 13 782.04(2) 1st,PBL Unlawful killing of human; act is 14 homicide, unpremeditated. 15 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm 16 upon or terrorize victim. 17 787.01(3)(a) Life Kidnapping; child under age 13, 18 perpetrator also commits child 19 abuse, sexual battery, or lewd, 20 or lascivious battery, 21 molestation, conduct, or 22 exhibition act, etc. 23 794.011(3) Life Sexual battery; victim 12 years 24 or older, offender uses or 25 threatens to use deadly weapon or 26 physical force to cause serious 27 injury. 28 876.32 1st Treason against the state. 29 30 Section 10. Paragraph (a) of subsection (4) and 31 paragraph (a) of subsection (5) of section 948.03, Florida 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 Statutes, are amended, and subsection (6) of said section is 2 reenacted, to read: 3 948.03 Terms and conditions of probation or community 4 control.-- 5 (4) The court shall require a diagnosis and evaluation 6 to determine the need of a probationer or offender in 7 community control for treatment. If the court determines that 8 a need therefor is established by such diagnosis and 9 evaluation process, the court shall require outpatient 10 counseling as a term or condition of probation or community 11 control for any person who was found guilty of any of the 12 following, or whose plea of guilty or nolo contendere to any 13 of the following was accepted by the court: 14 (a) Lewd or lascivious battery, lewd or lascivious 15 molestation, lewd or lascivious conduct, or lewd or lascivious 16 exhibition, as defined in s. 800.04 A lewd, lascivious, or 17 indecent assault or act upon, or in the presence of, a child. 18 (b) Sexual battery, as defined in chapter 794, against 19 a child. 20 (c) Exploitation of a child as provided in s. 450.151, 21 or for prostitution. 22 23 Such counseling shall be required to be obtained from a 24 community mental health center, a recognized social service 25 agency providing mental health services, or a private mental 26 health professional or through other professional counseling. 27 The plan for counseling for the individual shall be provided 28 to the court for review. 29 (5)(a) Effective for probationers or community 30 controllees whose crime was committed on or after October 1, 31 1995, and who are placed under supervision for violation of 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 chapter 794, or s. 800.04, s. 827.071, or s. 847.0145, the 2 court must impose the following conditions in addition to all 3 other standard and special conditions imposed: 4 1. A mandatory curfew from 10 p.m. to 6 a.m. The court 5 may designate another 8-hour period if the offender's 6 employment precludes the above specified time, and such 7 alternative is recommended by the Department of Corrections. 8 If the court determines that imposing a curfew would endanger 9 the victim, the court may consider alternative sanctions. 10 2. If the victim was under the age of 18, a 11 prohibition on living within 1,000 feet of a school, day care 12 center, park, playground, or other place where children 13 regularly congregate, as prescribed by the court. 14 3. Active participation in and successful completion 15 of a sex offender treatment program with therapists 16 specifically trained to treat sex offenders, at the 17 probationer's or community controllee's own expense. If a 18 specially trained therapist is not available within a 50-mile 19 radius of the probationer's or community controllee's 20 residence, the offender shall participate in other appropriate 21 therapy. 22 4. A prohibition on any contact with the victim, 23 directly or indirectly, including through a third person, 24 unless approved by the victim, the offender's therapist, and 25 the sentencing court. 26 5. If the victim was under the age of 18, a 27 prohibition, until successful completion of a sex offender 28 treatment program, on unsupervised contact with a child under 29 the age of 18, unless authorized by the sentencing court 30 without another adult present who is responsible for the 31 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 child's welfare, has been advised of the crime, and is 2 approved by the sentencing court. 3 6. If the victim was under age 18, a prohibition on 4 working for pay or as a volunteer at any school, day care 5 center, park, playground, or other place where children 6 regularly congregate. 7 7. Unless otherwise indicated in the treatment plan 8 provided by the sexual offender treatment program, a 9 prohibition on viewing, owning, or possessing any obscene, 10 pornographic, or sexually stimulating visual or auditory 11 material, including telephone, electronic media, computer 12 programs, or computer services that are relevant to the 13 offender's deviant behavior pattern. 14 8. A requirement that the probationer or community 15 controllee must submit two specimens of blood to the Florida 16 Department of Law Enforcement to be registered with the DNA 17 data bank. 18 9. A requirement that the probationer or community 19 controllee make restitution to the victim, as ordered by the 20 court under s. 775.089, for all necessary medical and related 21 professional services relating to physical, psychiatric, and 22 psychological care. 23 10. Submission to a warrantless search by the 24 community control or probation officer of the probationer's or 25 community controllee's person, residence, or vehicle. 26 (b) Effective for a probationer or community 27 controllee whose crime was committed on or after October 1, 28 1997, and who is placed on sex offender probation for a 29 violation of chapter 794, s. 800.04, s. 827.071, or s. 30 847.0145, in addition to any other provision of this 31 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 subsection, the court must impose the following conditions of 2 probation or community control: 3 1. As part of a treatment program, participation at 4 least annually in polygraph examinations to obtain information 5 necessary for risk management and treatment and to reduce the 6 sex offender's denial mechanisms. A polygraph examination must 7 be conducted by a polygrapher trained specifically in the use 8 of the polygraph for the monitoring of sex offenders, where 9 available, and shall be paid by the sex offender. The results 10 of the polygraph examination shall not be used as evidence in 11 court to prove that a violation of community supervision has 12 occurred. 13 2. Maintenance of a driving log and a prohibition 14 against driving a motor vehicle alone without the prior 15 approval of the supervising officer. 16 3. A prohibition against obtaining or using a post 17 office box without the prior approval of the supervising 18 officer. 19 4. If there was sexual contact, a submission to, at 20 the probationer's or community controllee's expense, an HIV 21 test with the results to be released to the victim and/or the 22 victim's parent or guardian. 23 5. Electronic monitoring when deemed necessary by the 24 community control or probation officer and his or her 25 supervisor, and ordered by the court at the recommendation of 26 the Department of Corrections. 27 (6) The enumeration of specific kinds of terms and 28 conditions shall not prevent the court from adding thereto 29 such other or others as it considers proper. However, the 30 sentencing court may only impose a condition of supervision 31 allowing an offender convicted of s. 794.011, s. 800.04, s. 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 CS/HB 1259 189-827-98 1 827.071, or s. 847.0145, to reside in another state, if the 2 order stipulates that it is contingent upon the approval of 3 the receiving state interstate compact authority. The court 4 may rescind or modify at any time the terms and conditions 5 theretofore imposed by it upon the probationer or offender in 6 community control. However, if the court withholds 7 adjudication of guilt or imposes a period of incarceration as 8 a condition of probation or community control, the period 9 shall not exceed 364 days, and incarceration shall be 10 restricted to either a county facility, a probation and 11 restitution center under the jurisdiction of the Department of 12 Corrections, a probation program drug punishment phase I 13 secure residential treatment institution, or a community 14 residential facility owned or operated by any entity providing 15 such services. 16 Section 11. This act shall take effect October 1 of 17 the year in which enacted. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 39