Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1216
Barcode 080762
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Smith) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause,
16
17 and insert:
18 Section 1. This act shall be known as the Jessica
19 Lunsford Act.
20 Section 2. Paragraph (b) of subsection (4), and
21 paragraph (l) of subsection (6) of section 775.21, Florida
22 Statutes, are amended, and a new paragraph (g) is added to
23 subsection (10) of that section, to read:
24 775.21 The Florida Sexual Predators Act.--
25 (4) SEXUAL PREDATOR CRITERIA.--
26 (b) In order to be counted as a prior felony for
27 purposes of this subsection, the felony must have resulted in
28 a conviction sentenced separately, or an adjudication of
29 delinquency entered separately, for an offense committed prior
30 to the current offense and sentenced or adjudicated separately
31 from any other felony conviction that is to be counted as a
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1 prior felony. If the offender's prior enumerated felony was
2 committed more than 10 years before the primary offense, it
3 shall not be considered a prior felony under this subsection
4 if the offender has not been convicted of any other crime for
5 a period of 10 consecutive years from the most recent date of
6 release from confinement, supervision, or sanction, whichever
7 is later.
8 (6) REGISTRATION.--
9 (l) A sexual predator must maintain registration with
10 the department for the duration of his or her life, unless the
11 sexual predator has received a full pardon or has had a
12 conviction set aside in a postconviction proceeding for any
13 offense that met the criteria for the sexual predator
14 designation. However, a sexual predator who was designated as
15 a sexual predator by a court before October 1, 1998, and who
16 has been lawfully released from confinement, supervision, or
17 sanction, whichever is later, for at least 10 years and has
18 not been arrested for any felony or misdemeanor offense since
19 release, may petition the criminal division of the circuit
20 court in the circuit in which the sexual predator resides for
21 the purpose of removing the sexual predator designation. A
22 sexual predator who was designated a sexual predator by a
23 court on or after October 1, 1998, who has been lawfully
24 released from confinement, supervision, or sanction, whichever
25 is later, for at least 20 years, and who has not been arrested
26 for any felony or misdemeanor offense since release may
27 petition the criminal division of the circuit court in the
28 circuit in which the sexual predator resides for the purpose
29 of removing the sexual predator designation. A sexual predator
30 who was designated a sexual predator by a court on or after
31 October 1, 2005, who has been lawfully released from
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1 confinement, supervision, or sanction, whichever is later, for
2 at least 30 years, and who has not been arrested for any
3 felony or misdemeanor offense since release may petition the
4 criminal division of the circuit court in the circuit in which
5 the sexual predator resides for the purpose of removing the
6 sexual predator designation. The court may grant or deny such
7 relief if the petitioner demonstrates to the court that he or
8 she has not been arrested for any crime since release, the
9 requested relief complies with the provisions of the federal
10 Jacob Wetterling Act, as amended, and any other federal
11 standards applicable to the removal of the designation as a
12 sexual predator or required to be met as a condition for the
13 receipt of federal funds by the state, and the court is
14 otherwise satisfied that the petitioner is not a current or
15 potential threat to public safety. The state attorney in the
16 circuit in which the petition is filed must be given notice of
17 the petition at least 3 weeks before the hearing on the
18 matter. The state attorney may present evidence in opposition
19 to the requested relief or may otherwise demonstrate the
20 reasons why the petition should be denied. If the court denies
21 the petition, the court may set a future date at which the
22 sexual predator may again petition the court for relief,
23 subject to the standards for relief provided in this
24 paragraph. Unless specified in the order, a sexual predator
25 who is granted relief under this paragraph must comply with
26 the requirements for registration as a sexual offender and
27 other requirements provided under s. 943.0435 or s. 944.607.
28 If a petitioner obtains an order from the court that imposed
29 the order designating the petitioner as a sexual predator
30 which removes such designation, the petitioner shall forward a
31 certified copy of the written findings or order to the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1216
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1 department in order to have the sexual predator designation
2 removed from the sexual predator registry.
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4 The sheriff shall promptly provide to the department the
5 information received from the sexual predator.
6 (10) PENALTIES.--
7 (g) Any person who knows that a sexual predator is not
8 complying, or has not complied, with the requirements of this
9 section, and with the intent to assist the sexual predator in
10 eluding a law enforcement agency that is seeking to find the
11 sexual predator to question the sexual predator about, or to
12 arrest the sexual predator for, his or her non-compliance with
13 the requirements of this section:
14 1. Withholds from, or does not notify, the law
15 enforcement agency about the sexual predator's non-compliance
16 with the requirements of this section, and, if known, the
17 whereabouts of the sexual predator;
18 2. Harbors, or attempts to harbor, or assists another
19 person in harboring or attempting to harbor, the sexual
20 predator;
21 3. Hides or attempts to hide, or assists another
22 person in hiding or attempting to hide, the sexual predator;
23 or
24 4. Provides information to the law enforcement agency
25 regarding the sexual predator that the person knows to be
26 false information,
27
28 commits a felony of the third degree, punishable as provided
29 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does
30 not apply if the sexual predator is incarcerated in or is in
31 the custody of a state correctional facility, a private
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1 correctional facility, a local jail, or a federal correctional
2 facility.
3 Section 3. Subsection (3) of section 775.082, Florida
4 Statutes, is amended to read:
5 775.082 Penalties; applicability of sentencing
6 structures; mandatory minimum sentences for certain
7 reoffenders previously released from prison.--
8 (3) A person who has been convicted of any other
9 designated felony may be punished as follows:
10 (a)1. For a life felony committed prior to October 1,
11 1983, by a term of imprisonment for life or for a term of
12 years not less than 30.
13 2. For a life felony committed on or after October 1,
14 1983, by a term of imprisonment for life or by a term of
15 imprisonment not exceeding 40 years.
16 3. Except as provided in paragraph 4. for a life
17 felony committed on or after July 1, 1995, by a term of
18 imprisonment for life or by imprisonment for a term of years
19 not exceeding life imprisonment.
20 4. For a life felony committed on or after October 1,
21 2005, which is a violation of s. 800.04(5)(b), by:
22 a. A term of imprisonment for life, which shall be
23 incarceration of the person for the remainder of the person's
24 natural life; or
25 b. A split sentence that is a term of years not
26 exceeding life, followed by probation or community control for
27 the remainder of the person's natural life, as provided in s.
28 948.012(4).
29 (b) For a felony of the first degree, by a term of
30 imprisonment not exceeding 30 years or, when specifically
31 provided by statute, by imprisonment for a term of years not
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1 exceeding life imprisonment.
2 (c) For a felony of the second degree, by a term of
3 imprisonment not exceeding 15 years.
4 (d) For a felony of the third degree, by a term of
5 imprisonment not exceeding 5 years.
6 Section 4. Paragraph (b) of subsection (5) of section
7 800.04, Florida Statutes, is amended to read:
8 800.04 Lewd or lascivious offenses committed upon or
9 in the presence of persons less than 16 years of age.--
10 (5) LEWD OR LASCIVIOUS MOLESTATION.--
11 (b) An offender 18 years of age or older who commits
12 lewd or lascivious molestation against a victim less than 12
13 years of age commits a life felony of the first degree,
14 punishable as provided in s. 775.082(3)(a)4. s. 775.082, s.
15 775.083, or s. 775.084.
16 Section 5. Paragraphs (f), (g), and (i) of subsection
17 (3) of section 921.0022, Florida Statutes, are amended to
18 read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22
23 Florida Felony
24 Statute Degree Description
25
26 (f) LEVEL 6
27 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
28 conviction.
29 499.0051(3) 2nd Forgery of pedigree papers.
30 499.0051(4) 2nd Purchase or receipt of legend
31 drug from unauthorized person.
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1 499.0051(5) 2nd Sale of legend drug to
2 unauthorized person.
3 775.0875(1) 3rd Taking firearm from law
4 enforcement officer.
5 775.21(10) 3rd Sexual predators; failure to
6 register; failure to renew
7 driver's license or
8 identification card.
9 784.021(1)(a) 3rd Aggravated assault; deadly weapon
10 without intent to kill.
11 784.021(1)(b) 3rd Aggravated assault; intent to
12 commit felony.
13 784.041 3rd Felony battery.
14 784.048(3) 3rd Aggravated stalking; credible
15 threat.
16 784.048(5) 3rd Aggravated stalking of person
17 under 16.
18 784.07(2)(c) 2nd Aggravated assault on law
19 enforcement officer.
20 784.074(1)(b) 2nd Aggravated assault on sexually
21 violent predators facility staff.
22 784.08(2)(b) 2nd Aggravated assault on a person 65
23 years of age or older.
24 784.081(2) 2nd Aggravated assault on specified
25 official or employee.
26 784.082(2) 2nd Aggravated assault by detained
27 person on visitor or other
28 detainee.
29 784.083(2) 2nd Aggravated assault on code
30 inspector.
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1 787.02(2) 3rd False imprisonment; restraining
2 with purpose other than those in
3 s. 787.01.
4 790.115(2)(d) 2nd Discharging firearm or weapon on
5 school property.
6 790.161(2) 2nd Make, possess, or throw
7 destructive device with intent to
8 do bodily harm or damage
9 property.
10 790.164(1) 2nd False report of deadly explosive,
11 weapon of mass destruction, or
12 act of arson or violence to state
13 property.
14 790.19 2nd Shooting or throwing deadly
15 missiles into dwellings, vessels,
16 or vehicles.
17 794.011(8)(a) 3rd Solicitation of minor to
18 participate in sexual activity by
19 custodial adult.
20 794.05(1) 2nd Unlawful sexual activity with
21 specified minor.
22 800.04(5)(d) 3rd Lewd or lascivious molestation;
23 victim 12 years of age or older
24 but less than 16 years; offender
25 less than 18 years.
26 800.04(6)(b) 2nd Lewd or lascivious conduct;
27 offender 18 years of age or
28 older.
29 806.031(2) 2nd Arson resulting in great bodily
30 harm to firefighter or any other
31 person.
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Bill No. SB 1216
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1 810.02(3)(c) 2nd Burglary of occupied structure;
2 unarmed; no assault or battery.
3 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
4 but less than $100,000, grand
5 theft in 2nd degree.
6 812.015(9) 2nd Retail theft; property stolen
7 $300 or more; second or
8 subsequent conviction.
9 812.13(2)(c) 2nd Robbery, no firearm or other
10 weapon (strong-arm robbery).
11 817.034(4)(a)1. 1st Communications fraud, value
12 greater than $50,000.
13 817.4821(5) 2nd Possess cloning paraphernalia
14 with intent to create cloned
15 cellular telephones.
16 825.102(1) 3rd Abuse of an elderly person or
17 disabled adult.
18 825.102(3)(c) 3rd Neglect of an elderly person or
19 disabled adult.
20 825.1025(3) 3rd Lewd or lascivious molestation of
21 an elderly person or disabled
22 adult.
23 825.103(2)(c) 3rd Exploiting an elderly person or
24 disabled adult and property is
25 valued at less than $20,000.
26 827.03(1) 3rd Abuse of a child.
27 827.03(3)(c) 3rd Neglect of a child.
28 827.071(2)&(3) 2nd Use or induce a child in a sexual
29 performance, or promote or direct
30 such performance.
31 836.05 2nd Threats; extortion.
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1 836.10 2nd Written threats to kill or do
2 bodily injury.
3 843.12 3rd Aids or assists person to escape.
4 847.0135(3) 3rd Solicitation of a child, via a
5 computer service, to commit an
6 unlawful sex act.
7 914.23 2nd Retaliation against a witness,
8 victim, or informant, with bodily
9 injury.
10 943.0435(9) 3rd Sex offenders; failure to comply
11 with reporting requirements.
12 944.35(3)(a)2. 3rd Committing malicious battery upon
13 or inflicting cruel or inhuman
14 treatment on an inmate or
15 offender on community
16 supervision, resulting in great
17 bodily harm.
18 944.40 2nd Escapes.
19 944.46 3rd Harboring, concealing, aiding
20 escaped prisoners.
21 944.47(1)(a)5. 2nd Introduction of contraband
22 (firearm, weapon, or explosive)
23 into correctional facility.
24 951.22(1) 3rd Intoxicating drug, firearm, or
25 weapon introduced into county
26 facility.
27 (g) LEVEL 7
28 316.027(1)(b) 2nd Accident involving death, failure
29 to stop; leaving scene.
30 316.193(3)(c)2. 3rd DUI resulting in serious bodily
31 injury.
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1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
31
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29 560.123(8)(b)1. 3rd Failure to report currency or
30 payment instruments exceeding
31 $300 but less than $20,000 by
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1 money transmitter.
2 560.125(5)(a) 3rd Money transmitter business by
3 unauthorized person, currency or
4 payment instruments exceeding
5 $300 but less than $20,000.
6 655.50(10)(b)1. 3rd Failure to report financial
7 transactions exceeding $300 but
8 less than $20,000 by financial
9 institution.
10 775.21(10)(a) 3rd Sexual predator; failure to
11 register; failure to renew
12 driver's license or
13 identification card.
14 775.21(10)(g) 3rd Failing to report or providing
15 false information about a sexual
16 predator; harboring or hiding a
17 sexual predator.
18 782.051(3) 2nd Attempted felony murder of a
19 person by a person other than the
20 perpetrator or the perpetrator of
21 an attempted felony.
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 2nd Killing of human being or viable
27 fetus by the operation of a motor
28 vehicle in a reckless manner
29 (vehicular homicide).
30 782.072 2nd Killing of a human being by the
31 operation of a vessel in a
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1 reckless manner (vessel
2 homicide).
3 784.045(1)(a)1. 2nd Aggravated battery; intentionally
4 causing great bodily harm or
5 disfigurement.
6 784.045(1)(a)2. 2nd Aggravated battery; using deadly
7 weapon.
8 784.045(1)(b) 2nd Aggravated battery; perpetrator
9 aware victim pregnant.
10 784.048(4) 3rd Aggravated stalking; violation of
11 injunction or court order.
12 784.048(7) 3rd Aggravated stalking; violation of
13 court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.074(1)(a) 1st Aggravated battery on sexually
17 violent predators facility staff.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 784.083(1) 1st Aggravated battery on code
26 inspector.
27 790.07(4) 1st Specified weapons violation
28 subsequent to previous conviction
29 of s. 790.07(1) or (2).
30 790.16(1) 1st Discharge of a machine gun under
31 specified circumstances.
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1 790.165(2) 2nd Manufacture, sell, possess, or
2 deliver hoax bomb.
3 790.165(3) 2nd Possessing, displaying, or
4 threatening to use any hoax bomb
5 while committing or attempting to
6 commit a felony.
7 790.166(3) 2nd Possessing, selling, using, or
8 attempting to use a hoax weapon
9 of mass destruction.
10 790.166(4) 2nd Possessing, displaying, or
11 threatening to use a hoax weapon
12 of mass destruction while
13 committing or attempting to
14 commit a felony.
15 796.03 2nd Procuring any person under 16
16 years for prostitution.
17 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
18 victim less than 12 years of age;
19 offender less than 18 years.
20 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
21 victim 12 years of age or older
22 but less than 16 years; offender
23 18 years or older.
24 806.01(2) 2nd Maliciously damage structure by
25 fire or explosive.
26 810.02(3)(a) 2nd Burglary of occupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
29 unarmed; no assault or battery.
30 810.02(3)(d) 2nd Burglary of occupied conveyance;
31 unarmed; no assault or battery.
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1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.014(2)(b)2. 2nd Property stolen, cargo valued at
6 less than $50,000, grand theft in
7 2nd degree.
8 812.014(2)(b)3. 2nd Property stolen, emergency
9 medical equipment; 2nd degree
10 grand theft.
11 812.0145(2)(a) 1st Theft from person 65 years of age
12 or older; $50,000 or more.
13 812.019(2) 1st Stolen property; initiates,
14 organizes, plans, etc., the theft
15 of property and traffics in
16 stolen property.
17 812.131(2)(a) 2nd Robbery by sudden snatching.
18 812.133(2)(b) 1st Carjacking; no firearm, deadly
19 weapon, or other weapon.
20 817.234(8)(a) 2nd Solicitation of motor vehicle
21 accident victims with intent to
22 defraud.
23 817.234(9) 2nd Organizing, planning, or
24 participating in an intentional
25 motor vehicle collision.
26 817.234(11)(c) 1st Insurance fraud; property value
27 $100,000 or more.
28 817.2341(2)(b)&
29 (3)(b) 1st Making false entries of material
30 fact or false statements
31 regarding property values
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1 relating to the solvency of an
2 insuring entity which are a
3 significant cause of the
4 insolvency of that entity.
5 825.102(3)(b) 2nd Neglecting an elderly person or
6 disabled adult causing great
7 bodily harm, disability, or
8 disfigurement.
9 825.103(2)(b) 2nd Exploiting an elderly person or
10 disabled adult and property is
11 valued at $20,000 or more, but
12 less than $100,000.
13 827.03(3)(b) 2nd Neglect of a child causing great
14 bodily harm, disability, or
15 disfigurement.
16 827.04(3) 3rd Impregnation of a child under 16
17 years of age by person 21 years
18 of age or older.
19 837.05(2) 3rd Giving false information about
20 alleged capital felony to a law
21 enforcement officer.
22 838.015 2nd Bribery.
23 838.016 2nd Unlawful compensation or reward
24 for official behavior.
25 838.021(3)(a) 2nd Unlawful harm to a public
26 servant.
27 838.22 2nd Bid tampering.
28 872.06 2nd Abuse of a dead human body.
29 893.13(1)(c)1. 1st Sell, manufacture, or deliver
30 cocaine (or other drug prohibited
31 under s. 893.03(1)(a), (1)(b),
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1 (1)(d), (2)(a), (2)(b), or
2 (2)(c)4.) within 1,000 feet of a
3 child care facility, school, or
4 state, county, or municipal park
5 or publicly owned recreational
6 facility or community center.
7 893.13(1)(e)1. 1st Sell, manufacture, or deliver
8 cocaine or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), (2)(b), or
11 (2)(c)4., within 1,000 feet of
12 property used for religious
13 services or a specified business
14 site.
15 893.13(4)(a) 1st Deliver to minor cocaine (or
16 other s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4. drugs).
19 893.135(1)(a)1. 1st Trafficking in cannabis, more
20 than 25 lbs., less than 2,000
21 lbs.
22 893.135
23 (1)(b)1.a. 1st Trafficking in cocaine, more than
24 28 grams, less than 200 grams.
25 893.135
26 (1)(c)1.a. 1st Trafficking in illegal drugs,
27 more than 4 grams, less than 14
28 grams.
29 893.135
30 (1)(d)1. 1st Trafficking in phencyclidine,
31 more than 28 grams, less than 200
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1 grams.
2 893.135(1)(e)1. 1st Trafficking in methaqualone, more
3 than 200 grams, less than 5
4 kilograms.
5 893.135(1)(f)1. 1st Trafficking in amphetamine, more
6 than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
10 grams or more, less than 14
11 grams.
12 893.135
13 (1)(h)1.a. 1st Trafficking in
14 gamma-hydroxybutyric acid (GHB),
15 1 kilogram or more, less than 5
16 kilograms.
17 893.135
18 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
19 kilogram or more, less than 5
20 kilograms.
21 893.135
22 (1)(k)2.a. 1st Trafficking in Phenethylamines,
23 10 grams or more, less than 200
24 grams.
25 896.101(5)(a) 3rd Money laundering, financial
26 transactions exceeding $300 but
27 less than $20,000.
28 896.104(4)(a)1. 3rd Structuring transactions to evade
29 reporting or registration
30 requirements, financial
31 transactions exceeding $300 but
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1 less than $20,000.
2 943.0435(4)(c) 3rd Sexual offender vacating
3 permanent residence; failure to
4 comply with reporting
5 requirements.
6 943.0435(8) 2nd Sexual offender; remains in state
7 after indicating intent to leave;
8 failure to comply with reporting
9 requirements.
10 943.0435(9)(a) 3rd Sexual offender; failure to
11 comply with reporting
12 requirements.
13 943.0435(13) 3rd Failing to report or providing
14 false information about a sexual
15 offender; harboring or hiding a
16 sexual offender.
17 944.607(9) 3rd Sexual offender; failure to
18 comply with reporting
19 requirements.
20 944.607(10)(a) 3rd Sexual offender; failure to
21 submit to the taking of a
22 digitized photograph.
23 944.607(12) 3rd Failing to report or providing
24 false information about a sexual
25 offender.
26 (i) LEVEL 9
27 316.193
28 (3)(c)3.b. 1st DUI manslaughter; failing to
29 render aid or give information.
30 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
31 render aid or give information.
20
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1 499.0053 1st Sale or purchase of contraband
2 legend drugs resulting in great
3 bodily harm.
4 560.123(8)(b)3. 1st Failure to report currency or
5 payment instruments totaling or
6 exceeding $100,000 by money
7 transmitter.
8 560.125(5)(c) 1st Money transmitter business by
9 unauthorized person, currency, or
10 payment instruments totaling or
11 exceeding $100,000.
12 655.50(10)(b)3. 1st Failure to report financial
13 transactions totaling or
14 exceeding $100,000 by financial
15 institution.
16 775.0844 1st Aggravated white collar crime.
17 782.04(1) 1st Attempt, conspire, or solicit to
18 commit premeditated murder.
19 782.04(3) 1st,PBL Accomplice to murder in
20 connection with arson, sexual
21 battery, robbery, burglary, and
22 other specified felonies.
23 782.051(1) 1st Attempted felony murder while
24 perpetrating or attempting to
25 perpetrate a felony enumerated in
26 s. 782.04(3).
27 782.07(2) 1st Aggravated manslaughter of an
28 elderly person or disabled adult.
29 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
30 reward or as a shield or hostage.
31
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1 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
2 or facilitate commission of any
3 felony.
4 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
5 interfere with performance of any
6 governmental or political
7 function.
8 787.02(3)(a) 1st False imprisonment; child under
9 age 13; perpetrator also commits
10 aggravated child abuse, sexual
11 battery, or lewd or lascivious
12 battery, molestation, conduct, or
13 exhibition.
14 790.161 1st Attempted capital destructive
15 device offense.
16 790.166(2) 1st,PBL Possessing, selling, using, or
17 attempting to use a weapon of
18 mass destruction.
19 794.011(2) 1st Attempted sexual battery; victim
20 less than 12 years of age.
21 794.011(2) Life Sexual battery; offender younger
22 than 18 years and commits sexual
23 battery on a person less than 12
24 years.
25 794.011(4) 1st Sexual battery; victim 12 years
26 or older, certain circumstances.
27 794.011(8)(b) 1st Sexual battery; engage in sexual
28 conduct with minor 12 to 18 years
29 by person in familial or
30 custodial authority.
31
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1 800.04(5)(b) Life 1st Lewd or lascivious molestation;
2 victim less than 12 years;
3 offender 18 years or older.
4 812.13(2)(a) 1st,PBL Robbery with firearm or other
5 deadly weapon.
6 812.133(2)(a) 1st,PBL Carjacking; firearm or other
7 deadly weapon.
8 812.135(2)(b) 1st Home-invasion robbery with
9 weapon.
10 817.568(7) 2nd,PBL Fraudulent use of personal
11 identification information of an
12 individual under the age of 18 by
13 his or her parent, legal
14 guardian, or person exercising
15 custodial authority.
16 827.03(2) 1st Aggravated child abuse.
17 847.0145(1) 1st Selling, or otherwise
18 transferring custody or control,
19 of a minor.
20 847.0145(2) 1st Purchasing, or otherwise
21 obtaining custody or control, of
22 a minor.
23 859.01 1st Poisoning or introducing
24 bacteria, radioactive materials,
25 viruses, or chemical compounds
26 into food, drink, medicine, or
27 water with intent to kill or
28 injure another person.
29 893.135 1st Attempted capital trafficking
30 offense.
31
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1 893.135(1)(a)3. 1st Trafficking in cannabis, more
2 than 10,000 lbs.
3 893.135
4 (1)(b)1.c. 1st Trafficking in cocaine, more than
5 400 grams, less than 150
6 kilograms.
7 893.135
8 (1)(c)1.c. 1st Trafficking in illegal drugs,
9 more than 28 grams, less than 30
10 kilograms.
11 893.135
12 (1)(d)1.c. 1st Trafficking in phencyclidine,
13 more than 400 grams.
14 893.135
15 (1)(e)1.c. 1st Trafficking in methaqualone, more
16 than 25 kilograms.
17 893.135
18 (1)(f)1.c. 1st Trafficking in amphetamine, more
19 than 200 grams.
20 893.135
21 (1)(h)1.c. 1st Trafficking in
22 gamma-hydroxybutyric acid (GHB),
23 10 kilograms or more.
24 893.135
25 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
26 kilograms or more.
27 893.135
28 (1)(k)2.c. 1st Trafficking in Phenethylamines,
29 400 grams or more.
30 896.101(5)(c) 1st Money laundering, financial
31 instruments totaling or exceeding
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1 $100,000.
2 896.104(4)(a)3. 1st Structuring transactions to evade
3 reporting or registration
4 requirements, financial
5 transactions totaling or
6 exceeding $100,000.
7 Section 6. Paragraph (o) is added to subsection (5) of
8 section 921.141, Florida Statutes, to read:
9 921.141 Sentence of death or life imprisonment for
10 capital felonies; further proceedings to determine sentence.--
11 (5) AGGRAVATING CIRCUMSTANCES.--Aggravating
12 circumstances shall be limited to the following:
13 (o) The capital felony was committed by a person
14 designated a sexual predator pursuant to s. 775.21, or a
15 person previously designated a sexual predator who had the
16 sexual predator designation removed.
17 Section 7. Subsection (13) of section 943.0435,
18 Florida Statutes, is created to read:
19 943.0435 Sexual offenders required to register with
20 the department; penalty.--
21 (13) Any person who knows that a sexual offender is
22 not complying, or has not complied, with the requirements of
23 this section, and with the intent to assist the sexual
24 offender in eluding a law enforcement agency that is seeking
25 to find the sexual offender to question the sexual offender
26 about, or to arrest the sexual offender for, his or her
27 non-compliance with the requirements of this section:
28 1. Withholds from, or does not notify, the law
29 enforcement agency about the sexual offender's non-compliance
30 with the requirements of this section, and, if known, the
31 whereabouts of the sexual offender;
25
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1 2. Harbors, or attempts to harbor, or assists another
2 person in harboring or attempting to harbor, the sexual
3 offender; or
4 3. Hides or attempts to hide, or assists another
5 person in hiding or attempting to hide, the sexual offender;
6 or
7 4. Provides information to the law enforcement agency
8 regarding the sexual offender that the person knows to be
9 false information,
10
11 commits a felony of the third degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084.
13 Section 8. Section 943.04352, Florida Statutes, is
14 created to read:
15 943.04352 Search of registration information regarding
16 sexual predators and sexual offenders required when placement
17 on misdemeanor probation.--When the court places a defendant
18 on misdemeanor probation pursuant to s. 948.01 and 948.15, the
19 public or private entity providing probation services must
20 conduct a search of the probationer's name or other
21 identifying information against the registration information
22 regarding sexual predators and sexual offenders maintained by
23 the Department of Law Enforcement under 943.043. The probation
24 services provider may conduct the search using the Internet
25 site maintained by the Department of Law Enforcement.
26 Section 9. Subsection (12) of section 944.607, Florida
27 Statutes, is created to read:
28 944.607 Notification to Department of Law Enforcement
29 of information on sexual offenders.--
30 (12) Any person who knows that a sexual offender is
31 not complying, or has not complied, with the requirements of
26
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1 this section, and with the intent to assist the sexual
2 offender in eluding a law enforcement agency that is seeking
3 to find the sexual offender to question the sexual offender
4 about, or to arrest the sexual offender for, his or her
5 non-compliance with the requirements of this section:
6 1. Withholds from, or does not notify, the law
7 enforcement agency about the sexual offender's non-compliance
8 with the requirements of this section, and, if known, the
9 whereabouts of the sexual offender;
10 2. Harbors, or attempts to harbor, or assists another
11 person in harboring or attempting to harbor, the sexual
12 offender; or
13 3. Hides or attempts to hide, or assists another
14 person in hiding or attempting to hide, the sexual offender;
15 or
16 4. Provides information to the law enforcement agency
17 regarding the sexual offender that the person knows to be
18 false information,
19
20 commits a felony of the third degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084. This subsection does
22 not apply if the sexual offender is incarcerated in or is in
23 the custody of a state correctional facility, a private
24 correctional facility, a local jail, or a federal correctional
25 facility.
26 Section 10. Subsection (10) is added to section
27 947.1405, Florida Statutes, to read:
28 947.1405 Conditional release program.--
29 (10) Effective for a releasee whose crime was
30 committed on or after October 1, 2005, in violation of ch.
31 794, s. 800.04, s. 827.071, or s. 847.0145 and the unlawful
27
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1 sexual activity involved a victim 12 years of age or under, or
2 who is designated a sexual predator pursuant to s. 775.21, in
3 addition to any other provision of this section, the
4 commission must order electronic monitoring for the duration
5 of the releasees' supervision.
6 Section 11. Subsection (4) of section 948.012, Florida
7 Statutes, is created to read:
8 948.012 Split sentence of probation or community
9 control and imprisonment.--
10 Effective for offenses committed on or after October 1,
11 2005, the court must impose a split sentence pursuant to
12 subsection (1) for any person convicted of a life felony for
13 lewd and lascivious molestation pursuant to 800.04(5)(b) if
14 the court imposes a term of years in accordance with s.
15 775.082(3)4.b. rather than life imprisonment. The probation or
16 community control portion of the split sentence imposed by the
17 court for a defendant must extend for the duration of the
18 defendant's natural life and include a condition that he or
19 she be electronically monitored.
20 Section 12. Section 948.061, Florida Statutes, is
21 created to read:
22 948.061 Identifying, assessing, and monitoring certain
23 high-risk offenders on community supervision; providing
24 cumulative criminal and supervision histories to the court.--
25 (1) By December 1, 2005, the department shall develop
26 a graduated risk assessment and alert system that continuously
27 identifies, assesses, and closely monitors high risk offenders
28 who are placed on probation or in community control and who:
29 (a) Have previously been placed on probation or in
30 community control and have a history of committing multiple
31 violations of community supervision in this state or in any
28
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1 other jurisdiction or have previously been incarcerated in
2 this state or in any other jurisdiction; and
3 (b) Have experienced more than one of the following
4 risk factors that could potentially make the offender more
5 likely to pose a danger to others:
6 1. Attempted suicide or severe depression;
7 2. Marital instability or a history of domestic
8 violence;
9 3. A history of substance abuse;
10 4. Unemployment or substantial financial difficulties;
11 5. A history of violence or sex acts against children,
12 particularly involving strangers; or
13 6. Any other risk factor identified by the department.
14 (2) Recognizing that an offender having an extensive
15 criminal history and multiple risk factors may pose a serious
16 threat to the community, the department shall consider the
17 cumulative impact of these risk factors and, if necessary,
18 place an offender on an elevated alert status and provide a
19 high level of supervision for the offender until the situation
20 stabilizes and the department no longer believes that the
21 offender poses a threat to others. In providing such
22 supervision and surveillance, the department shall increase
23 the number of office and home visits conducted by the
24 correctional probation officer; expand the number of and type
25 of employment, family, community, and neighborhood contacts by
26 the correctional probation officer; increase referrals to
27 available community mental health facilities and community
28 assistance programs; develop emergency communication plans and
29 alert systems for law enforcement agencies and the court in
30 order to quickly detain the offender in response to a
31 violation; and prioritize departmental resources in order to
29
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1 more closely monitor the offender's activities in an effort to
2 prevent escalating criminal behavior.
3 (3) In providing criminal history and background
4 information to the court for these high risk offenders, the
5 correctional probation officer shall provide in each report
6 submitted to the court and at each hearing before the court a
7 clear, complete, and concise cumulative and integrated
8 chronology of the offender's criminal history and prior terms
9 of probation or community control, including all substantive
10 or technical violations of probation or community control. The
11 department shall have authority to adopt rules as necessary to
12 implement this section.
13 Section 13. Section 948.062, Florida Statutes, is
14 created to read:
15 948.062 Reviewing and reporting serious offenses
16 committed by offenders placed on probation or community
17 control.--
18 (1) The department shall review the circumstances
19 related to offenders placed on probation or community control
20 who have been arrested while on supervision for the following
21 offenses:
22 (a) Any murder as provided in s. 782.04;
23 (b) Any sexual battery as provided in s. 794.011 or s.
24 794.023;
25 (c) Any sexual performance by a child as provided in
26 s. 827.071;
27 (d) Any kidnapping, false imprisonment, or luring of a
28 child as provided in s. 787.01, s. 782.07, or s. 787.025;
29 (e) Any lewd and lascivious battery or lewd and
30 lascivious molestation as provided in s. 800.04(4) or s.
31 800.04(5);
30
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1 (f) Any aggravated child abuse as provided in s.
2 827.03(2);
3 (g) Any robbery with a firearm or other deadly weapon,
4 home invasion robbery, or carjacking as provided in s.
5 812.13(2)(a), s. 812.135, or s. 812.133;
6 (h) Any aggravated stalking as provided in s.
7 784.048(3), (4), or (5);
8 (i) Any forcible felony as provided in s. 776.08,
9 committed by any person on probation or community control who
10 is designated as a sexual predator; or
11 (j) Any DUI manslaughter as provided in s.
12 316.193(3)(c), or vehicular or vessel homicide as provided in
13 s. 782.071 or s. 787.072, committed by any person who is on
14 probation or community control for an offense involving death
15 or injury resulting from a driving incident.
16
17 The review shall document whether the supervision of the
18 offender met enumerated rules, policies, and procedures and
19 whether supervision practices were followed.
20 (2) The department shall provide these reviews to the
21 Office of Program Policy Analysis and Government
22 Accountability. The Office of Program Policy Analysis and
23 Government Accountability shall analyze these reviews and
24 provide a written report to the President of the Senate and
25 the Speaker of the House of Representatives by March 1, 2006.
26 The report must include, at a minimum, any identified systemic
27 deficiencies in managing high-risk offenders on community
28 supervision; any patterns of noncompliance by correctional
29 probation officers; and recommendations for improving the
30 community supervision program.
31 Section 14. Section 948.063, Florida Statutes, is
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1 created to read:
2 948.063 Violations of probation or community control
3 by designated sex offenders and sexual predators.--If
4 probation or community control is revoked by the court
5 pursuant to s. 948.06(2)(e), and the offender is designated a
6 sex offender or sexual predator pursuant to s. 775.21 and the
7 unlawful sexual activity involved a victim 12 years of age or
8 under, and the court imposes a subsequent term of supervision
9 following the revocation of probation or community control,
10 then the court must order electronic monitoring as a condition
11 of the subsequent term of probation or community control.
12 Section 15. Present subsection (2) of section 948.11,
13 F.S., is redesignated as subsection (3), and new subsections
14 (2) and (7) are added to the section to read:
15 948.11 Electronic monitoring devices.--
16 (1)(a) The Department of Corrections may, at its
17 discretion, electronically monitor an offender sentenced to
18 community control.
19 (b) The Department of Corrections shall electronically
20 monitor an offender sentenced to criminal quarantine community
21 control 24 hours per day.
22 (2) The department shall develop and implement
23 procedures to notify by the close of normal weekly business
24 hours, the chief circuit judge, the state attorney, and the
25 public defender, of the type and number of electronic
26 monitoring devices or units available for utilization. Such
27 notification shall include both a written notification and
28 notification by electronic mail where available.
29 (3) (2) Any offender placed on community control who
30 violates the terms and conditions of community control and is
31 restored to community control may be supervised by means of an
32
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1 electronic monitoring device or system.
2 (4) (3) For those offenders being electronically
3 monitored, the Department of Corrections shall develop
4 procedures to determine, investigate, and report the
5 offender's noncompliance with the terms and conditions of
6 sentence 24 hours per day. All reports of noncompliance shall
7 be immediately investigated by a community control officer.
8 (5) (4) The Department of Corrections may contract
9 with local law enforcement agencies to assist in the location
10 and apprehension of offenders who are in noncompliance as
11 reported by the electronic monitoring system. This contract is
12 intended to provide the department a means for providing
13 immediate investigation of noncompliance reports, especially
14 after normal office hours.
15 (6) (5) Any person being electronically monitored by
16 the department as a result of placement on community control
17 shall be required to pay a surcharge as provided in s.
18 948.09(2).
19 (7) For probationers, community controllees or
20 conditional releasees with current or prior convictions for
21 violent or sex offenses, the department, in carrying out a
22 court or commission order to electronically monitor an
23 offender, must use a system that actively, and in real time,
24 monitors and identifies the offender's location and timely
25 reports or records the offender's presence in a prohibited
26 area or departure from specified geographic limitations.
27 Section 16. Subsection (3) of section 948.15, Florida
28 Statutes, is amended to read:
29 948.15 Misdemeanor probation services.--
30 (3) Any private entity providing services for the
31 supervision of misdemeanor probationers must contract with the
33
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1 county in which the services are to be rendered. In a county
2 with a population of less than 70,000, the county court judge,
3 or the administrative judge of the county court in a county
4 that has more than one county court judge, must approve the
5 contract. Terms of the contract must state, but are not
6 limited to:
7 (a) The extent of the services to be rendered by the
8 entity providing supervision or rehabilitation.
9 (b) Staff qualifications and criminal record checks of
10 staff in accordance with essential standards established by
11 the American Correctional Association as of January 1, 1991.
12 (c) Staffing levels.
13 (d) The number of face-to-face contacts with the
14 offender.
15 (e) Procedures for handling the collection of all
16 offender fees and restitution.
17 (f) Procedures for handling indigent offenders which
18 ensure placement irrespective of ability to pay.
19 (g) Circumstances under which revocation of an
20 offender's probation may be recommended.
21 (h) Reporting and recordkeeping requirements.
22 (i) Default and contract termination procedures.
23 (j) Procedures that aid offenders with job assistance.
24 (k) Procedures for accessing criminal history records
25 of the probationers.
26
27 In addition, the entity shall supply the chief judge's office
28 with a quarterly report summarizing the number of offenders
29 supervised by the private entity, payment of the required
30 contribution under supervision or rehabilitation, and the
31 number of offenders for whom supervision or rehabilitation
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1 will be terminated. All records of the entity must be open to
2 inspection upon the request of the county, the court, the
3 Auditor General, the Office of Program Policy Analysis and
4 Government Accountability, or agents thereof.
5 Section 17. Section 948.30, Florida Statutes, is
6 amended to read:
7 948.30 Additional terms and conditions of probation or
8 community control for certain sex offenses.--Conditions
9 imposed pursuant to this section do not require oral
10 pronouncement at the time of sentencing and shall be
11 considered standard conditions of probation or community
12 control for offenders specified in this section.
13 (1) Effective for probationers or community
14 controllees whose crime was committed on or after October 1,
15 1995, and who are placed under supervision for violation of
16 chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court
17 must impose the following conditions in addition to all other
18 standard and special conditions imposed:
19 (a) A mandatory curfew from 10 p.m. to 6 a.m. The
20 court may designate another 8-hour period if the offender's
21 employment precludes the above specified time, and such
22 alternative is recommended by the Department of Corrections.
23 If the court determines that imposing a curfew would endanger
24 the victim, the court may consider alternative sanctions.
25 (b) If the victim was under the age of 18, a
26 prohibition on living within 1,000 feet of a school, day care
27 center, park, playground, or other place where children
28 regularly congregate, as prescribed by the court. The
29 1,000-foot distance shall be measured in a straight line from
30 the offender's place of residence to the nearest boundary line
31 of the school, day care center, park, playground, or other
35
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1 place where children congregate. The distance may not be
2 measured by a pedestrian route or automobile route.
3 (c) Active participation in and successful completion
4 of a sex offender treatment program with therapists
5 specifically trained to treat sex offenders, at the
6 probationer's or community controllee's own expense. If a
7 specially trained therapist is not available within a 50-mile
8 radius of the probationer's or community controllee's
9 residence, the offender shall participate in other appropriate
10 therapy.
11 (d) A prohibition on any contact with the victim,
12 directly or indirectly, including through a third person,
13 unless approved by the victim, the offender's therapist, and
14 the sentencing court.
15 (e) If the victim was under the age of 18, a
16 prohibition, until successful completion of a sex offender
17 treatment program, on unsupervised contact with a child under
18 the age of 18, unless authorized by the sentencing court
19 without another adult present who is responsible for the
20 child's welfare, has been advised of the crime, and is
21 approved by the sentencing court.
22 (f) If the victim was under age 18, a prohibition on
23 working for pay or as a volunteer at any school, day care
24 center, park, playground, or other place where children
25 regularly congregate.
26 (g) Unless otherwise indicated in the treatment plan
27 provided by the sexual offender treatment program, a
28 prohibition on viewing, owning, or possessing any obscene,
29 pornographic, or sexually stimulating visual or auditory
30 material, including telephone, electronic media, computer
31 programs, or computer services that are relevant to the
36
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1 offender's deviant behavior pattern.
2 (h) A requirement that the probationer or community
3 controllee must submit a specimen of blood or other approved
4 biological specimen to the Department of Law Enforcement to be
5 registered with the DNA data bank.
6 (i) A requirement that the probationer or community
7 controllee make restitution to the victim, as ordered by the
8 court under s. 775.089, for all necessary medical and related
9 professional services relating to physical, psychiatric, and
10 psychological care.
11 (j) Submission to a warrantless search by the
12 community control or probation officer of the probationer's or
13 community controllee's person, residence, or vehicle.
14 (2) Effective for a probationer or community
15 controllee whose crime was committed on or after October 1,
16 1997, and who is placed on sex offender probation for a
17 violation of chapter 794, s. 800.04, s. 827.071, or s.
18 847.0145, in addition to any other provision of this
19 subsection, the court must impose the following conditions of
20 probation or community control:
21 (a) As part of a treatment program, participation at
22 least annually in polygraph examinations to obtain information
23 necessary for risk management and treatment and to reduce the
24 sex offender's denial mechanisms. A polygraph examination must
25 be conducted by a polygrapher trained specifically in the use
26 of the polygraph for the monitoring of sex offenders, where
27 available, and shall be paid for by the sex offender. The
28 results of the polygraph examination shall not be used as
29 evidence in court to prove that a violation of community
30 supervision has occurred.
31 (b) Maintenance of a driving log and a prohibition
37
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1 against driving a motor vehicle alone without the prior
2 approval of the supervising officer.
3 (c) A prohibition against obtaining or using a post
4 office box without the prior approval of the supervising
5 officer.
6 (d) If there was sexual contact, a submission to, at
7 the probationer's or community controllee's expense, an HIV
8 test with the results to be released to the victim or the
9 victim's parent or guardian.
10 (e) Electronic monitoring when deemed necessary by the
11 community control or probation officer and his or her
12 supervisor, and ordered by the court at the recommendation of
13 the Department of Corrections.
14 (3) Effective for a probationer or community
15 controllee whose crime was committed on or after October 1,
16 2005, and who:
17 (a) is placed on probation or community control for a
18 violation of ch. 794, s. 800.04, s. 827.071, or s. 847.0145
19 and the unlawful sexual activity involved a victim 12 years of
20 age or under; or
21 (b) is designated a sexual predator pursuant to s.
22 775.21; or
23 (c) has previously been convicted of a violation of
24 ch. 794, s. 800.04, s. 827.071, or s. 847.0145 and the prior
25 unlawful sexual activity involved a victim 12 years of age or
26 under
27
28 the court must order, in addition to any other provision of
29 this section, mandatory electronic monitoring as a condition
30 of the probation or community control supervision.
31 Section 18.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1216
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1 (1)(a) There is created within the Florida Department
2 of Law Enforcement a Task Force for the purpose of examining
3 the collection and dissemination of offender information
4 within the criminal justice system and community. The Task
5 Force shall recommend strategies and actions that may be
6 implemented to enhance coordination and cooperation among the
7 various entities within the criminal justice system with a
8 common goal of public safety.
9 (b) The task force shall consist of the following 10
10 members:
11 1. The Director of the Florida Department of Law
12 Enforcement or a designee.
13 2. The President of the Florida Sheriff's Association
14 or a designee.
15 3. The President of the Florida Prosecuting Attorney's
16 Association or a designee.
17 4. The President of the Florida Association of Court
18 Clerks or a designee.
19 5. The President of the Florida Police Chiefs
20 Association.
21 6. A representative of county probation services.
22 7. The Secretary of the Department of Corrections.
23 8. The President of the Florida Public Defenders
24 Association or a designee.
25 9. A representative of a Pretrial Court Services
26 program responsible for advising the court on matters at First
27 Appearance hearings.
28 10. The Director of the State Court Administrator's
29 Office or a designee.
30 (c) Members of the task force described in
31 subparagraphs (b)6 and 9 shall be appointed by the Governor by
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1216
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1 July 1, 2005, and shall be representative of the geographic
2 regions of this state. The first meeting of the task force
3 shall be held by July 15, 2005, at which time the members
4 shall select by majority vote a chairperson from amount the
5 task force members. All recommendations of the task force
6 shall be by majority vote.
7 (d) The task force shall meet at the call of the
8 chairperson and shall conduct at least three public meetings,
9 which shall be held in localities throughout this state which
10 are representative of the diverse populations and regions of
11 the state.
12 (e) Meetings of the task force shall be open to the
13 public and are subject to the requirements of chapter 119,
14 Florida Statutes. Records of the task force are public records
15 and subject to the requirements of chapter 119, Florida
16 Statutes, except to the extent that public access to any of
17 those records may be restricted pursuant to that chapter.
18 (f) Members of the task force shall serve without
19 compensation, but are entitled to reimbursement for per diem
20 and travel expenses in accordance with section 112.061,
21 Florida Statutes.
22 (g) The Florida Department of Law Enforcement shall
23 provide staff support for the task force within existing
24 appropriations.
25 (2)(a) The task force shall study and take testimony
26 regarding:
27 1. The collection and dissemination of offender
28 information, including criminal history and any other
29 pertinent matters, to the court, the prosecuting attorney and
30 defense counsel at First Appearance hearings.
31 2. The collection and dissemination of offender
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1 information, including criminal history and any other
2 pertinent matters, to the court, the prosecuting attorney and
3 defense counsel at all court appearances subsequent to First
4 Appearance.
5 3. The collection and dissemination of offender
6 information, including criminal history and any other
7 pertinent matters, to county-level probation officers or
8 officials.
9 4. The current practice of local-level law enforcement
10 agencies as it relates to the collection and dissemination of
11 registered sexual predator and registered sex offender
12 information to the public.
13 5. The current practice of local-level law enforcement
14 agencies as it relates to monitoring known registered sexual
15 predators and registered sex offenders within their
16 jurisdiction.
17 6. The current practice of local-level law enforcement
18 agencies as it relates to disseminating missing persons
19 information within their jurisdiction.
20 7. Any other subject that the task force deems
21 relevant to the collection and dissemination of offender
22 information within the criminal justice system and community.
23 (b) The task force shall submit a preliminary draft
24 report of its findings and recommendations to the Governor,
25 the President of the Senate, and the Speaker of the House of
26 Representatives at least 45 days before the first day of the
27 2006 Regular Session of the Legislature. The final report
28 shall be filed with the Governor, the President of the Senate,
29 and the Speaker of the House of Representatives at least 30
30 days before the first day of the 2006 Regular Session. In
31 addition to the findings and recommendations included in the
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1 final report, the report must include a draft of proposed
2 rules and proposed legislation for any recommendations
3 requiring proposed rules and proposed legislation.
4 (c) Each state agency shall fully cooperate with the
5 task force in the performance of its duties.
6 (3) All meetings of the task force and all business of
7 the task force for which reimbursement may be requested shall
8 be concluded before the final report is filed. The task force
9 is abolished July 1, 2006.
10 Section 19. The Office of Program Policy Analysis and
11 Governmental Accountability shall perform a study of the
12 effectiveness of Florida's sexual predator and sexual offender
13 registries and community and public notification provisions.
14 In addition to determining the effectiveness of the registries
15 and the notification provisions, the report will focus on the
16 question of whether the registries and notification provisions
17 are sufficient to apprise communities of the presence of
18 sexual predators and sexual offenders who have committed
19 sexual offenses against children. The report will also examine
20 how local law enforcement agencies notify the public and
21 communities of the presence of sexual predators and offenders.
22 If the report finds deficiencies in the registries, the
23 notification provisions, or both, the report shall provide
24 options for correcting those deficiencies and shall include
25 the projected cost of implementing those options. The report
26 shall be submitted to the President of the Senate and the
27 Speaker of the House of Representatives by January 1, 2006.
28 Section 20. The sum of $5,200,000 is appropriated from
29 the General Revenue Fund to the Department of Corrections for
30 the 2005-2006 fiscal year for the purpose of increasing by
31 1,200 units the number of active Global Positioning System
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1 electronic monitoring devices available to the court when
2 placing offenders on felony probation or other forms of
3 community supervision authorized in chapters 948 and 947.
4 Section 21. This act shall take effect October 1,
5 2005.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 Delete everything before the enacting clause,
11
12 and insert:
13 A bill to be entitled
14 An act relating to high risk offenders;
15 amending s. 755.21, F.S.; revising criteria for
16 sexual predator designation; extending period
17 for petition to remove sexual predator
18 designation; creating criminal offenses for
19 failing to report or providing false
20 information about a sexual predator, and
21 harboring or hiding a sexual predator; amending
22 s. 775.082, F.S.; providing for specified
23 sentencing of persons convicted of the life
24 felony offense in s. 800.04(5)(b), F.S.;
25 amending s. 800.04, F.S.; providing that it is
26 a life felony for an offender 18 years of age
27 or older to commit lewd or lascivious
28 molestation against a victim less than 12 years
29 of age; amending s. 921.0022, F.S.; deleting
30 ranking for offenses involving sexual predators
31 and sexual offenders failing to comply with
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1 registration requirements; ranking offenses
2 involving sexual predators and sexual offenders
3 failing to comply with registration
4 requirements and other requirements; ranking
5 new criminal offenses for failing to report or
6 providing false information about a sexual
7 predator and harboring or hiding a sexual
8 predator; correcting a reference to the felony
9 degree of a lewd or lascivious offense;
10 amending s. 921.141, F.S.; creating an
11 aggravating circumstance pertaining to sexual
12 predators for the purpose of imposing the death
13 penalty; amending s. 943.0435, F.S.; creating
14 criminal offenses for failing to report or
15 providing false information about a sexual
16 offender, and harboring or hiding a sexual
17 offender; creating s. 943.04352, F.S.;
18 requiring a search of the sex offender and
19 sexual predator registry by entities providing
20 probation services; amending s. 944.607, F.S.;
21 creating criminal offenses for failing to
22 report or providing false information about a
23 sexual offender, and harboring or hiding a
24 sexual offender; amending s. 947.1405, F.S.;
25 requiring electronic monitoring for certain
26 offenders placed on conditional release
27 supervision; amending s. 948.012, F.S.;
28 requiring the court to impose a split sentence
29 in certain circumstances; creating s. 948.061,
30 F.S.; requiring the Department of Corrections
31 to develop a risk assessment and alert system
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 to monitor certain offenders placed on
2 probation or community control; requiring
3 increased supervision of such offenders under
4 certain circumstances; requiring that
5 information be provided to the court by the
6 correctional probation officer; creating s.
7 948.062, F.S.; requiring the Department of
8 Corrections to review the circumstances of
9 certain arrests of offenders on probation or
10 community control; requiring the Office of
11 Program Policy Analysis and Government
12 Accountability to analyze the reviews and
13 report to the President of the Senate and the
14 Speaker of the House of Representatives;
15 creating s. 948.063, F.S.; requiring the court
16 to order electronic monitoring for designated
17 sex offenders and predators who violate
18 probation or community control; amending s.
19 948.11, F.S.; requiring the department to
20 develop and implement procedures to notify
21 certain officials on the availability of
22 electronic monitoring units; requiring the
23 department to use certain electronic monitoring
24 systems on high risk offenders; amending s.
25 948.15, F.S.; specifying that terms of contract
26 must contain procedures for accessing criminal
27 history records; amending s. 948.30, F.S.;
28 requiring certain sex offenders and sexual
29 predators on probation or community control to
30 be placed on electronic monitoring; creating
31 the Offender Information Task Force within the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1216
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1 Florida Department of Law Enforcement;
2 prescribing task force membership; providing
3 for meetings and duties of the task force;
4 providing that meetings and records of the task
5 force are subject to the public-records
6 requirements of ch. 119, F. S.; providing for
7 members of the task force to be reimbursed for
8 per diem and travel expenses; requiring the
9 Florida Department of Law Enforcement to
10 provide staff support; requiring cooperation by
11 state agencies; providing for abolishing the
12 task force on a specified date; requiring the
13 Office of Program Policy Analysis and
14 Governmental Accountability to perform a study
15 of the effectiveness of Florida's sexual
16 predator and sexual offender registries and
17 community and public notification provisions;
18 providing an appropriation; providing an
19 effective date.
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