HB 1877

1	A bill to be entitled
2	An act relating to high-risk offenders; providing a short
3	title; amending s. 216.136, F.S.; assigning additional
4	responsibilities of the Criminal Justice Estimating
5	Conference; requiring a study; amending s. 775.21, F.S.;
6	revising sexual predator criteria; extending the period
7	for a petition to remove a sexual predator designation;
8	requiring twice yearly reregistration by sexual predators;
9	requiring reregistration information be provided to the
10	Department of Law Enforcement; providing criminal offenses
11	for failing to reregister, failing to respond to address
12	verification, failing to report or providing false
13	information about a sexual predator, and harboring or
14	concealing a sexual predator; requiring twice yearly
15	reregistration by sexual predators; requiring
16	reregistration information be provided to the Department
17	of Law Enforcement; providing criminal offenses for
18	failing to reregister, failing to respond to address
19	verification, failing to report or providing false
20	information about a sexual predator, and harboring or
21	concealing a sexual predator; amending s. 775.082, F.S.;
22	providing for specified sentencing of persons convicted of
23	the life felony offense in s. 800.04(5)(b), F.S.;
24	providing for 25-year mandatory minimum term of
25	imprisonment; amending s. 800.04, F.S.; providing that it
26	is a life felony for an offender 18 years of age or older
27	to commit lewd or lascivious molestation against a victim
28	younger than 12 years of age; amending s. 921.0022, F.S.;
29	deleting ranking for offenses involving sexual predators
30	and sexual offenders failing to comply with registration
31	requirements; ranking offenses involving sexual predators
32	and sexual offenders failing to comply with registration
33	requirements and other requirements; ranking new criminal
34	offenses for failing to reregister, failing to respond to
35	address verification, failing to report or providing false
36	information about a sexual predator or sexual offender,
37	and harboring or concealing a sexual predator or sexual
38	offender; correcting a reference to the felony degree of a
39	lewd or lascivious offense; amending s. 921.141, F.S.;
40	providing an additional aggravating circumstance
41	pertaining to sexual predators for the purpose of imposing
42	the death penalty; amending s. 943.043, F.S., requiring
43	the Department of Law Enforcement to provide to local law
44	enforcement agencies information on sexual predators and
45	sexual offenders who fail to respond to address
46	verification attempts or abscond from registration;
47	amending s. 943.0435, F.S.; requiring twice yearly
48	reregistration by sexual offenders; requiring
49	reregistration information be provided to the Department
50	of Law Enforcement; providing criminal offenses for
51	failing to reregister, failing to respond to address
52	verification, failing to report or providing false
53	information about a sexual offender, and harboring or
54	concealing a sexual offender; creating s. 943.04352, F.S.;
55	requiring a search of the sexual offender and sexual
56	predator registry by entities providing probation
57	services; amending s. 944.607, F.S.; requiring twice
58	yearly reregistration by sexual offenders; requiring
59	reregistration information be provided to the Department
60	of Law Enforcement; providing criminal offenses for
61	failing to reregister, failing to respond to address
62	verification, failing to report or providing false
63	information about a sexual offender, and harboring or
64	concealing a sexual offender; amending s. 947.1405, F.S.;
65	requiring electronic monitoring for certain offenders
66	placed on conditional release supervision; amending s.
67	948.06(4), F.S.; requiring a court finding with regard to
68	dangerousness to the public prior to release on bail under
69	certain circumstances; amending s. 948.012, F.S.;
70	requiring the court to impose a split sentence in certain
71	circumstances; creating s. 948.061, F.S.; requiring the
72	Department of Corrections to develop a risk assessment
73	system to monitor certain offenders placed on probation or
74	community control; requiring increased supervision of such
75	offenders under certain circumstances; requiring that
76	information be provided via FDLE's Criminal Justice
77	Intranet to the court by the correctional probation
78	officer; requiring the court to assist the department by
79	creating and maintaining an automated system; requiring
80	the department to have fingerprint reading equipment and
81	capability by October 1, 2006; creating s. 948.062, F.S.;
82	requiring the Department of Corrections to review the
83	circumstances of certain arrests of offenders on probation
84	or community control; requiring the Office of Program
85	Policy Analysis and Government Accountability to analyze
86	the reviews and report to the President of the Senate and
87	the Speaker of the House of Representatives; creating s.
88	948.063, F.S.; requiring the court to order electronic
89	monitoring for designated sexual offenders and predators
90	who violate probation or community control; amending s.
91	948.11, F.S.; requiring the department to develop and
92	implement procedures to notify certain officials on the
93	availability of electronic monitoring units; requiring the
94	department to use certain electronic monitoring systems on
95	high-risk offenders; prohibiting the intentional altering,
96	tampering, damaging or destroying of any electronic
97	monitoring equipment; amending s. 948.15, F.S.; specifying
98	that the terms of the contract must contain procedures for
99	accessing criminal history records concerning
100	probationers; amending s. 948.30, F.S.; specifying
101	additional conditions for persons placed on community
102	control; requiring certain sex offenders and sexual
103	predators on probation or community control to be placed
104	on electronic monitoring; amending s. 1012.465(1), F.S.;
105	clarifying background screening requirements for
106	contractual personnel who have access on school grounds;
107	creating a task force within the Department of Law
108	Enforcement; requiring the task force to examine the
109	collection and dissemination of offender information
110	within the criminal justice system and community;
111	prescribing task force membership; requiring that the task
112	force submit findings and recommendations to the Governor
113	and the Legislature; requiring cooperation by state
114	agencies; providing for abolishing the task force on a
115	specified date; requiring the Office of Program Policy
116	Analysis and Governmental Accountability to perform a
117	study of and report to the Legislature on the
118	effectiveness of Florida's sexual predator and sexual
119	offender registries and community and public notification
120	provisions; providing appropriations and authorizing
121	positions; providing an effective date.
122
123	Be It Enacted by the Legislature of the State of Florida:
124
125	Section 1.  This act may be cited as the "Jessica Lunsford
126	Act."
127	Section 2.  Paragraph (a) of subsection (5) of section
128	216.136, Florida Statutes, is amended to read:
129	216.136  Consensus estimating conferences; duties and
130	principals.--
131	(5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
132	(a)  Duties.--The Criminal Justice Estimating Conference
133	shall:
134	1.  Develop such official information relating to the
135	criminal justice system, including forecasts of prison
136	admissions and population and of supervised felony offender
137	admissions and population, as the conference determines is
138	needed for the state planning and budgeting system.
139	2.  Develop such official information relating to the
140	number of eligible discharges and the projected number of civil
141	commitments for determining space needs pursuant to the civil
142	proceedings provided under part V of chapter 394.
143	3.  Develop official information relating to the number of
144	sexual offenders and sexual predators who are required by law to
145	be placed on community control, probation, or conditional
146	release who are subject to electronic monitoring. In addition,
147	the Office of Economic and Demographic Research shall study the
148	factors relating to the sentencing of sex offenders from the
149	point of arrest through the imposition of sanctions by the
150	sentencing court, including original charges, plea negotiations,
151	trial dispositions, and sanctions. The Department of
152	Corrections, the Office of the State Courts Administrator, the
153	Florida Department of Law Enforcement, and the State Attorneys
154	shall provide information deemed necessary for the study. The
155	final report shall be provided to the President of the Senate
156	and Speaker of the House by March 1, 2006.
157	Section 3.  Paragraph (b) of subsection (4), paragraph (l)
158	of subsection (6), subsection (8), and subsection (10) of
159	section 775.21, Florida Statutes, are amended to read:
160	775.21  The Florida Sexual Predators Act.--
161	(4)  SEXUAL PREDATOR CRITERIA.--
162	(b)  In order to be counted as a prior felony for purposes
163	of this subsection, the felony must have resulted in a
164	conviction sentenced separately, or an adjudication of
165	delinquency entered separately, prior to the current offense and
166	sentenced or adjudicated separately from any other felony
167	conviction that is to be counted as a prior felony. If the
168	offender's prior enumerated felony was committed more than 10
169	years before the primary offense, it shall not be considered a
170	prior felony under this subsection if the offender has not been
171	convicted of any other crime for a period of 10 consecutive
172	years from the most recent date of release from confinement,
173	supervision, or sanction, whichever is later.
174	(6)  REGISTRATION.--
175	(l)  A sexual predator must maintain registration with the
176	department for the duration of his or her life, unless the
177	sexual predator has received a full pardon or has had a
178	conviction set aside in a postconviction proceeding for any
179	offense that met the criteria for the sexual predator
180	designation. However, a sexual predator who was designated as a
181	sexual predator by a court before October 1, 1998, and who has
182	been lawfully released from confinement, supervision, or
183	sanction, whichever is later, for at least 10 years and has not
184	been arrested for any felony or misdemeanor offense since
185	release, may petition the criminal division of the circuit court
186	in the circuit in which the sexual predator resides for the
187	purpose of removing the sexual predator designation. A sexual
188	predator who was designated a sexual predator by a court on or
189	after October 1, 1998, who has been lawfully released from
190	confinement, supervision, or sanction, whichever is later, for
191	at least 20 years, and who has not been arrested for any felony
192	or misdemeanor offense since release may petition the criminal
193	division of the circuit court in the circuit in which the sexual
194	predator resides for the purpose of removing the sexual predator
195	designation. A sexual predator who was designated as a sexual
196	predator by a court on or after September 1, 2005, who has been
197	lawfully released from confinement, supervision, or sanction,
198	whichever is later, for at least 30 years, and who has not been
199	arrested for any felony or misdemeanor offense since release may
200	petition the criminal division of the circuit court in the
201	circuit in which the sexual predator resides for the purpose of
202	removing the sexual predator designation. The court may grant or
203	deny such relief if the petitioner demonstrates to the court
204	that he or she has not been arrested for any crime since
205	release, the requested relief complies with the provisions of
206	the federal Jacob Wetterling Act, as amended, and any other
207	federal standards applicable to the removal of the designation
208	as a sexual predator or required to be met as a condition for
209	the receipt of federal funds by the state, and the court is
210	otherwise satisfied that the petitioner is not a current or
211	potential threat to public safety. The state attorney in the
212	circuit in which the petition is filed must be given notice of
213	the petition at least 3 weeks before the hearing on the matter.
214	The state attorney may present evidence in opposition to the
215	requested relief or may otherwise demonstrate the reasons why
216	the petition should be denied. If the court denies the petition,
217	the court may set a future date at which the sexual predator may
218	again petition the court for relief, subject to the standards
219	for relief provided in this paragraph. Unless specified in the
220	order, a sexual predator who is granted relief under this
221	paragraph must comply with the requirements for registration as
222	a sexual offender and other requirements provided under s.
223	943.0435 or s. 944.607. If a petitioner obtains an order from
224	the court that imposed the order designating the petitioner as a
225	sexual predator which removes such designation, the petitioner
226	shall forward a certified copy of the written findings or order
227	to the department in order to have the sexual predator
228	designation removed from the sexual predator registry.
229
230	The sheriff shall promptly provide to the department the
231	information received from the sexual predator.
232	(8)  VERIFICATION.--The department and the Department of
233	Corrections shall implement a system for verifying the addresses
234	of sexual predators. The system must be consistent with the
235	provisions of the federal Jacob Wetterling Act, as amended, and
236	any other federal standards applicable to such verification or
237	required to be met as a condition for the receipt of federal
238	funds by the state. The Department of Corrections shall verify
239	the addresses of sexual predators who are not incarcerated but
240	who reside in the community under the supervision of the
241	Department of Corrections. County and local law enforcement
242	agencies, in conjunction with the department, shall verify the
243	addresses of sexual predators who are not under the care,
244	custody, control, or supervision of the Department of
245	Corrections.
246	(a)  A sexual predator must report in person each year
247	during the month of the sexual predator's birthday and during
248	the sixth month following the sexual predator's birth month to
249	the sheriff's office in the county in which he or she resides or
250	is otherwise located to reregister. The sheriff's office may
251	determine the appropriate times and days for reporting by the
252	sexual predator, which shall be consistent with the reporting
253	requirements of this paragraph. Reregistration shall include any
254	changes to the following information:
255	1.  Name; social security number; age; race; sex; date of
256	birth; height; weight; hair and eye color; address of any
257	permanent residence and address of any current temporary
258	residence, within the state or out of state, including a rural
259	route address and a post office box; date and place of any
260	employment; vehicle make, model, color, and license tag number;
261	fingerprints; and photograph. A post office box shall not be
262	provided in lieu of a physical residential address.
263	2.  If the sexual predator is enrolled, employed, or
264	carrying on a vocation at an institution of higher education in
265	this state, the sexual predator shall also provide to the
266	department the name, address, and county of each institution,
267	including each campus attended, and the sexual predator's
268	enrollment or employment status.
269	3.  If the sexual predator's place of residence is a motor
270	vehicle, trailer, mobile home, or manufactured home, as defined
271	in chapter 320, the sexual predator shall also provide vehicle
272	identification number; the license tag number; the registration
273	number; and a description, including color scheme, of the motor
274	vehicle, trailer, mobile home, or manufactured home. If the
275	sexual predator's place of residence is a vessel, live-aboard
276	vessel, or houseboat, as defined in chapter 327, the sexual
277	predator shall also provide the hull identification number; the
278	manufacturer's serial number; the name of the vessel, live-
279	aboard vessel, or houseboat; the registration number; and a
280	description, including color scheme, of the vessel, live-aboard
281	vessel, or houseboat.
282	(b)  The sheriff's office shall, within 2 working days,
283	electronically submit and update all information provided by the
284	sexual predator to the department in a manner prescribed by the
285	department. This procedure shall be implemented by December 1,
286	2005.
287	(10)  PENALTIES.--.
288	(a)  Except as otherwise specifically provided, a sexual
289	predator who fails to register; who fails, after registration,
290	to maintain, acquire, or renew a driver's license or
291	identification card; who fails to provide required location
292	information or change-of-name information; who fails to make a
293	required report in connection with vacating a permanent
294	residence; who fails to reregister as required; who fails to
295	respond to any address verification correspondence from the
296	department within three weeks of the date of the correspondence;
297	or who otherwise fails, by act or omission, to comply with the
298	requirements of this section, commits a felony of the third
299	degree, punishable as provided in s. 775.082, s. 775.083, or s.
300	775.084.
301	(b)  A sexual predator who has been convicted of or found
302	to have committed, or has pled nolo contendere or guilty to,
303	regardless of adjudication, any violation, or attempted
304	violation, of s. 787.01, s. 787.02, or s. 787.025, where the
305	victim is a minor and the defendant is not the victim's parent;
306	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
307	800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation
308	of a similar law of another jurisdiction, when the victim of the
309	offense was a minor, and who works, whether for compensation or
310	as a volunteer, at any business, school, day care center, park,
311	playground, or other place where children regularly congregate,
312	commits a felony of the third degree, punishable as provided in
313	s. 775.082, s. 775.083, or s. 775.084.
314	(c)  Any person who misuses public records information
315	relating to a sexual predator, as defined in this section, or a
316	sexual offender, as defined in s. 943.0435 or s. 944.607, to
317	secure a payment from such a predator or offender; who knowingly
318	distributes or publishes false information relating to such a
319	predator or offender which the person misrepresents as being
320	public records information; or who materially alters public
321	records information with the intent to misrepresent the
322	information, including documents, summaries of public records
323	information provided by law enforcement agencies, or public
324	records information displayed by law enforcement agencies on
325	websites or provided through other means of communication,
326	commits a misdemeanor of the first degree, punishable as
327	provided in s. 775.082 or s. 775.083.
328	(d)  A sexual predator who commits any act or omission in
329	violation of this section may be prosecuted for the act or
330	omission in the county in which the act or omission was
331	committed, the county of the last registered address of the
332	sexual predator, or the county in which the conviction occurred
333	for the offense or offenses that meet the criteria for
334	designating a person as a sexual predator.  In addition, a
335	sexual predator may be prosecuted for any such act or omission
336	in the county in which he or she was designated a sexual
337	predator.
338	(e)  An arrest on charges of failure to register, the
339	service of an information or a complaint for a violation of this
340	section, or an arraignment on charges for a violation of this
341	section constitutes actual notice of the duty to register when
342	the predator has been provided and advised of his or her
343	statutory obligation to register under subsection (6). A sexual
344	predator's failure to immediately register as required by this
345	section following such arrest, service, or arraignment
346	constitutes grounds for a subsequent charge of failure to
347	register. A sexual predator charged with the crime of failure to
348	register who asserts, or intends to assert, a lack of notice of
349	the duty to register as a defense to a charge of failure to
350	register shall immediately register as required by this section.
351	A sexual predator who is charged with a subsequent failure to
352	register may not assert the defense of a lack of notice of the
353	duty to register.
354	(f)  Registration following such arrest, service, or
355	arraignment is not a defense and does not relieve the sexual
356	predator of criminal liability for the failure to register.
357	(g)  Any person who has reason to believe that a sexual
358	predator is not complying, or has not complied, with the
359	requirements of this section and who, with the intent to assist
360	the sexual predator in eluding a law enforcement agency that is
361	seeking to find the sexual predator to question the sexual
362	predator about, or to arrest the sexual predator for, his or her
363	noncompliance with the requirements of this section:
364	1.  Withholds information from, or does not notify, the law
365	enforcement agency about the sexual predator's noncompliance
366	with the requirements of this section, and, if known, the
367	whereabouts of the sexual predator;
368	2.  Harbors, or attempts to harbor, or assists another
369	person in harboring or attempting to harbor, the sexual
370	predator;
371	3.  Conceals or attempts to conceal, or assists another
372	person in concealing or attempting to conceal, the sexual
373	predator; or
374	4.  Provides information to the law enforcement agency
375	regarding the sexual predator which the person knows to be false
376	information,
377
378	commits a felony of the third degree, punishable as provided in
379	s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
380	apply if the sexual predator is incarcerated in or is in the
381	custody of a state correctional facility, a private correctional
382	facility, a local jail, or a federal correctional facility.
383	Section 4.  Paragraph (a) of subsection (3) of section
384	775.082, Florida Statutes, is amended to read:
385	775.082  Penalties; applicability of sentencing structures;
386	mandatory minimum sentences for certain reoffenders previously
387	released from prison.--
388	(3)  A person who has been convicted of any other
389	designated felony may be punished as follows:
390	(a)1.  For a life felony committed prior to October 1,
391	1983, by a term of imprisonment for life or for a term of years
392	not less than 30.
393	2.  For a life felony committed on or after October 1,
394	1983, by a term of imprisonment for life or by a term of
395	imprisonment not exceeding 40 years.
396	3.  Except as provided in subparagraph 4., for a life
397	felony committed on or after July 1, 1995, by a term of
398	imprisonment for life or by imprisonment for a term of years not
399	exceeding life imprisonment.
400	4.  For a life felony committed on or after September 1,
401	2005, which is a violation of s. 800.04(5)(b), by:
402	a.  A term of imprisonment for life; or
403	b.  A split sentence that is a term of not less than 25
404	years imprisonment and not exceeding life imprisonment, followed
405	by probation or community control for the remainder of the
406	person's natural life, as provided in s. 948.012(4).
407	Section 5.  Paragraph (b) of subsection (5) of section
408	800.04, Florida Statutes, is amended to read:
409	800.04  Lewd or lascivious offenses committed upon or in
410	the presence of persons less than 16 years of age.--
411	(5)  LEWD OR LASCIVIOUS MOLESTATION.--
412	(b)  An offender 18 years of age or older who commits lewd
413	or lascivious molestation against a victim less than 12 years of
414	age commits a life felony of the first degree, punishable as
415	provided in s. 775.082(3)(a)4. s. 775.082, s. 775.083, or s.
416	775.084.
417	Section 6.  Paragraphs (f), (g), and (i) of subsection (3)
418	of section 921.0022, Florida Statutes, are amended to read:
419	921.0022  Criminal Punishment Code; offense severity
420	ranking chart.--
421	(3)  OFFENSE SEVERITY RANKING CHART
	Florida Felony
422
	Statute Degree Description
423
424
425
	(f)  LEVEL 6
426
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
427
	499.0051(3) 2nd Forgery of pedigree papers.
428
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
429
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
430
	775.0875(1) 3rd Taking firearm from law enforcement officer.
431
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
432
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
433
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
434
	784.041 3rd Felony battery.
435
	784.048(3) 3rd Aggravated stalking; credible threat.
436
	784.048(5) 3rd Aggravated stalking of person under 16.
437
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
438
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
439
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
440
	784.081(2) 2nd Aggravated assault on specified official or employee.
441
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
442
	784.083(2) 2nd Aggravated assault on code inspector.
443
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
444
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
445
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
446
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
447
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
448
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
449
	794.05(1) 2nd Unlawful sexual activity with specified minor.
450
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
451
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
452
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
453
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
454
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
455
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
456
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
457
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
458
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
459
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
460
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
461
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
462
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
463
	827.03(1) 3rd Abuse of a child.
464
	827.03(3)(c) 3rd Neglect of a child.
465
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
466
	836.05 2nd Threats; extortion.
467
	836.10 2nd Written threats to kill or do bodily injury.
468
	843.12 3rd Aids or assists person to escape.
469
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
470
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
471
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
472
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
473
	944.40 2nd Escapes.
474
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
475
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
476
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
477
	(g)  LEVEL 7
478
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
479
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
480
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
481
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
482
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
483
	409.920(2) 3rd Medicaid provider fraud.
484
	456.065(2) 3rd Practicing a health care profession without a license.
485
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
486
	458.327(1) 3rd Practicing medicine without a license.
487
	459.013(1) 3rd Practicing osteopathic medicine without a license.
488
	460.411(1) 3rd Practicing chiropractic medicine without a license.
489
	461.012(1) 3rd Practicing podiatric medicine without a license.
490
	462.17 3rd Practicing naturopathy without a license.
491
	463.015(1) 3rd Practicing optometry without a license.
492
	464.016(1) 3rd Practicing nursing without a license.
493
	465.015(2) 3rd Practicing pharmacy without a license.
494
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
495
	467.201 3rd Practicing midwifery without a license.
496
	468.366 3rd Delivering respiratory care services without a license.
497
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
498
	483.901(9) 3rd Practicing medical physics without a license.
499
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
500
	484.053 3rd Dispensing hearing aids without a license.
501
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
502
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
503
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
504
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
505
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
506
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
507
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
508
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
509
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
510
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
511
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
512
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
513
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
514
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
515
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
516
	784.048(7) 3rd Aggravated stalking; violation of court order.
517
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
518
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
519
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
520
	784.081(1) 1st Aggravated battery on specified official or employee.
521
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
522
	784.083(1) 1st Aggravated battery on code inspector.
523
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
524
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
525
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
526
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
527
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
528
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
529
	796.03 2nd Procuring any person under 16 years for prostitution.
530
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
531
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
532
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
533
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
534
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
535
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
536
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
537
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
538
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
539
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
540
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
541
	812.131(2)(a) 2nd Robbery by sudden snatching.
542
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
543
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
544
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
545
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
546
	817.2341(2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
547
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
548
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
549
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
550
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
551
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
552
	838.015 2nd Bribery.
553
	838.016 2nd Unlawful compensation or reward for official behavior.
554
	838.021(3)(a) 2nd Unlawful harm to a public servant.
555
	838.22 2nd Bid tampering.
556
	872.06 2nd Abuse of a dead human body.
557
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
558
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
559
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
560
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
561
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
562
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
563
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
564
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
565
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
566
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
567
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
568
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
569
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
570
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
571
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
572
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
573
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
574
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
575
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
576
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
577
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
578
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
579
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
580
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
581
	(i)  LEVEL 9
582
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
583
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
584
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
585
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
586
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
587
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
588
	775.0844 1st Aggravated white collar crime.
589
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
590
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
591
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
592
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
593
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
594
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
595
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
596
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
597
	790.161 1st Attempted capital destructive device offense.
598
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
599
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
600
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
601
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
602
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
603
	800.04(5)(b) Life 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
604
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
605
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
606
	812.135(2)(b) 1st Home-invasion robbery with weapon.
607
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
608
	827.03(2) 1st Aggravated child abuse.
609
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
610
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
611
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
612
	893.135 1st Attempted capital trafficking offense.
613
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
614
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
615
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
616
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
617
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
618
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
619
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
620
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
621
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
622
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
623
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
624
625
626	Section 7.  Paragraph (o) is added to subsection (5) of
627	section 921.141, Florida Statutes, to read:
628	921.141  Sentence of death or life imprisonment for capital
629	felonies; further proceedings to determine sentence.--
630	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
631	shall be limited to the following:
632	(o)  The capital felony was committed by a person
633	designated as a sexual predator pursuant to s. 775.21 or a
634	person previously designated as a sexual predator who had the
635	sexual-predator designation removed.
636	Section 8.  Subsection (5) is added to section 943.043,
637	Florida Statutes, to read:
638	943.043  Toll-free telephone number; Internet notification;
639	sexual predator and sexual offender information.--
640	(5)  In an effort to ensure that sexual predators and
641	sexual offenders who fail to respond to address-verification
642	attempts or who otherwise abscond from registration are located
643	in a timely manner, the department shall share information with
644	local law enforcement agencies. The department shall use
645	analytical resources to assist local law enforcement agencies to
646	determine the potential whereabouts of any sexual predator or
647	sexual offender who fails to respond to address-verification
648	attempts or who otherwise absconds from registration. The
649	department shall review and analyze all available information
650	concerning any such predator or offender who fails to respond to
651	address-verification attempts or who otherwise absconds from
652	registration and provide the information to local law
653	enforcement agencies in order to assist the agencies in locating
654	and apprehending the sexual predator or sexual offender.
655	Section 9.  Subsections (13) and (14) are added to section
656	943.0435, Florida Statutes, to read:
657	943.0435  Sexual offenders required to register with the
658	department; penalty.--
659	(13)  Any person who has reason to believe that a sexual
660	offender is not complying, or has not complied, with the
661	requirements of this section and who, with the intent to assist
662	the sexual offender in eluding a law enforcement agency that is
663	seeking to find the sexual offender to question the sexual
664	offender about, or to arrest the sexual offender for, his or her
665	noncompliance with the requirements of this section:
666	1.  Withholds information from, or does not notify, the law
667	enforcement agency about the sexual offender's noncompliance
668	with the requirements of this section, and, if known, the
669	whereabouts of the sexual offender;
670	2.  Harbors, or attempts to harbor, or assists another
671	person in harboring or attempting to harbor, the sexual
672	offender; or
673	3.  Conceals or attempts to conceal, or assists another
674	person in concealing or attempting to conceal, the sexual
675	offender; or
676	4.  Provides information to the law enforcement agency
677	regarding the sexual offender that the person knows to be false
678	information,
679
680	commits a felony of the third degree, punishable as provided in
681	s. 775.082, s. 775.083, or s. 775.084.
682	(14)(a)  A sexual offender must report in person each year
683	during the month of the sexual offender's birthday and during
684	the sixth month following the sexual offender's birth month to
685	the sheriff's office in the county in which he or she resides or
686	is otherwise located to reregister. The sheriff's office may
687	determine the appropriate times and days for reporting by the
688	sexual offender, which shall be consistent with the reporting
689	requirements of this paragraph. Reregistration shall include any
690	changes to the following information:
691	1.  Name; social security number; age; race; sex; date of
692	birth; height; weight; hair and eye color; address of any
693	permanent residence and address of any current temporary
694	residence, within the state or out of state, including a rural
695	route address and a post office box; date and place of any
696	employment; vehicle make, model, color, and license tag number;
697	fingerprints; and photograph. A post office box shall not be
698	provided in lieu of a physical residential address.
699	2.  If the sexual offender is enrolled, employed, or
700	carrying on a vocation at an institution of higher education in
701	this state, the sexual offender shall also provide to the
702	department the name, address, and county of each institution,
703	including each campus attended, and the sexual offender's
704	enrollment or employment status.
705	3.  If the sexual offender's place of residence is a motor
706	vehicle, trailer, mobile home, or manufactured home, as defined
707	in chapter 320, the sexual offender shall also provide vehicle
708	identification number; the license tag number; the registration
709	number; and a description, including color scheme, of the motor
710	vehicle, trailer, mobile home, or manufactured home. If the
711	sexual offender's place of residence is a vessel, live-aboard
712	vessel, or houseboat, as defined in chapter 327, the sexual
713	offender shall also provide the hull identification number; the
714	manufacturer's serial number; the name of the vessel, live-
715	aboard vessel, or houseboat; the registration number; and a
716	description, including color scheme, of the vessel, live-aboard
717	vessel or houseboat.
718	4.  Any sexual offender who fails to report in person as
719	required at the sheriff's office, or who fails to respond to any
720	address verification correspondence from the department within
721	three weeks of the date of the correspondence, commits a felony
722	of the third degree, punishable as provided in s. 775.082, s.
723	775.083, or s. 775.084.
724	(b)  The sheriff's office shall, within 2 working days,
725	electronically submit and update all information provided by the
726	sexual offender to the department in a manner prescribed by the
727	department. This procedure shall be implemented by December 1,
728	2005.
729	Section 10.  Section 943.04352, Florida Statutes, is
730	created to read:
731	943.04352  Search of registration information regarding
732	sexual predators and sexual offenders required when placement on
733	misdemeanor probation.--When the court places a defendant on
734	misdemeanor probation pursuant to ss. 948.01 and 948.15, the
735	public or private entity providing probation services must
736	conduct a search of the probationer's name or other identifying
737	information against the registration information regarding
738	sexual predators and sexual offenders maintained by the
739	Department of Law Enforcement under s. 943.043. The probation
740	services provider may conduct the search using the Internet site
741	maintained by the Department of Law Enforcement.
742	Section 11.  Subsections (12) and (13) are added to section
743	944.607, Florida Statutes, to read:
744	944.607  Notification to Department of Law Enforcement of
745	information on sexual offenders.--
746	(12)  Any person who has reason to believe that a sexual
747	offender is not complying, or has not complied, with the
748	requirements of this section and who, with the intent to assist
749	the sexual offender in eluding a law enforcement agency that is
750	seeking to find the sexual offender to question the sexual
751	offender about, or to arrest the sexual offender for, his or her
752	noncompliance with the requirements of this section:
753	1.  Withholds information from, or does not notify, the law
754	enforcement agency about the sexual offender's non-compliance
755	with the requirements of this section, and, if known, the
756	whereabouts of the sexual offender;
757	2.  Harbors, or attempts to harbor, or assists another
758	person in harboring or attempting to harbor, the sexual
759	offender; or
760	3.  Conceals or attempts to conceal, or assists another
761	person in concealing or attempting to conceal, the sexual
762	offender; or
763	4.  Provides information to the law enforcement agency
764	regarding the sexual offender which the person knows to be false
765	information,
766
767	commits a felony of the third degree, punishable as provided in
768	s. 775.082, s. 775.083, or s. 775.084. This subsection does not
769	apply if the sexual offender is incarcerated in or is in the
770	custody of a state correctional facility, a private correctional
771	facility, a local jail, or a federal correctional facility.
772	(13)(a)  A sexual offender must report in person each year
773	during the month of the sexual offender's birthday and during
774	the sixth month following the sexual offender's birth month to
775	the sheriff's office in the county in which he or she resides or
776	is otherwise located to reregister. The sheriff's office may
777	determine the appropriate times and days for reporting by the
778	sexual offender, which shall be consistent with the reporting
779	requirements of this paragraph. Reregistration shall include any
780	changes to the following information:
781	1.  Name; social security number; age; race; sex; date of
782	birth; height; weight; hair and eye color; address of any
783	permanent residence and address of any current temporary
784	residence, within the state or out of state, including a rural
785	route address and a post office box; date and place of any
786	employment; vehicle make, model, color, and license tag number;
787	fingerprints; and photograph. A post office box shall not be
788	provided in lieu of a physical residential address.
789	2.  If the sexual offender is enrolled, employed, or
790	carrying on a vocation at an institution of higher education in
791	this state, the sexual offender shall also provide to the
792	department the name, address, and county of each institution,
793	including each campus attended, and the sexual offender's
794	enrollment or employment status.
795	3.  If the sexual offender's place of residence is a motor
796	vehicle, trailer, mobile home, or manufactured home, as defined
797	in chapter 320, the sexual offender shall also provide vehicle
798	identification number; the license tag number; the registration
799	number; and a description, including color scheme, of the motor
800	vehicle, trailer, mobile home, or manufactured home. If the
801	sexual offender's place of residence is a vessel, live-aboard
802	vessel, or houseboat, as defined in chapter 327, the sexual
803	offender shall also provide the hull identification number; the
804	manufacturer's serial number; the name of the vessel, live-
805	aboard vessel, or houseboat; the registration number; and a
806	description, including color scheme, of the vessel, live-aboard
807	vessel, or houseboat.
808	4.  Any sexual offender who fails to report in person as
809	required at the sheriff's office, or who fails to respond to any
810	address verification correspondence from the department within
811	three weeks of the date of the correspondence, commits a felony
812	of the third degree, punishable as provided in s. 775.082, s.
813	775.083, and s. 775.084.
814	(b)  The sheriff's office shall, within 2 working days,
815	electronically submit and update all information provided by the
816	sexual offender to the Florida Department of Law Enforcement in
817	a manner prescribed by the Florida Department of Law
818	Enforcement. This procedure shall be implemented by December 1,
819	2005.
820	Section 12.  Subsection (10) is added to section 947.1405,
821	Florida Statutes, to read:
822	947.1405  Conditional release program.--
823	(10)  Effective for a releasee whose crime was committed on
824	or after September 1, 2005, in violation of chapter 794, s.
825	800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
826	unlawful activity involved a victim who was 15 years of age or
827	younger and the offender is 18 years of age or older or for a
828	releasee who is designated as a sexual predator pursuant to s.
829	775.21, in addition to any other provision of this section, the
830	commission must order electronic monitoring for the duration of
831	the releasee's supervision.
832	Section 13.  Subsection (4) of section 948.06, Florida
833	Statutes, is amended to read:
834	948.06  Violation of probation or community control;
835	revocation; modification; continuance; failure to pay
836	restitution or cost of supervision.--
837	(4)  Notwithstanding any other provision of this section, a
838	probationer or an offender in community control who is arrested
839	for violating his or her probation or community control in a
840	material respect may be taken before the court in the county or
841	circuit in which the probationer or offender was arrested. That
842	court shall advise him or her of such charge of a violation and,
843	if such charge is admitted, shall cause him or her to be brought
844	before the court which granted the probation or community
845	control. If such violation is not admitted by the probationer or
846	offender, the court may commit him or her or release him or her
847	with or without bail to await further hearing. However, if the
848	probationer or offender is under supervision for any criminal
849	offense proscribed in chapter 794, s. 800.04(4), s. 800.04(5),
850	s. 800.04(6), s. 827.071, or s. 847.0145, or is a registered
851	sexual predator or a registered sexual offender, or is under
852	supervision for a criminal offense for which he or she would
853	meet the registration criteria in s. 775.21, s. 943.0435, or s.
854	944.607 but for the effective date of those sections, the court
855	must make a finding that the probationer or offender is not a
856	danger to the public prior to release with or without bail. In
857	determining the danger posed by the offender or probationer's
858	release, the court may consider the nature and circumstances of
859	the violation and any new offenses charged; the offender or
860	probationer's past and present conduct, including convictions of
861	crimes; any record of arrests without conviction for crimes
862	involving violence or sexual crimes; any other evidence of
863	allegations of unlawful sexual conduct or the use of violence by
864	the offender or probationer; the offender or probationer's
865	family ties, length of residence in the community, employment
866	history, and mental condition; his or her history and conduct
867	during the probation or community control supervision from which
868	the violation arises and any other previous supervisions,
869	including disciplinary records of previous incarcerations; the
870	likelihood that the offender or probationer will engage again in
871	a criminal course of conduct; the weight of the evidence against
872	the offender or probationer; and any other facts the court
873	considers relevant.  The court, as soon as is practicable, shall
874	give the probationer or offender an opportunity to be fully
875	heard on his or her behalf in person or by counsel. After such
876	hearing, the court shall make findings of fact and forward the
877	findings to the court which granted the probation or community
878	control and to the probationer or offender or his or her
879	attorney. The findings of fact by the hearing court are binding
880	on the court which granted the probation or community control.
881	Upon the probationer or offender being brought before it, the
882	court which granted the probation or community control may
883	revoke, modify, or continue the probation or community control
884	or may place the probationer into community control as provided
885	in this section.
886	Section 14.  Subsection 948.012, Florida Statutes, is
887	amended to read:
888	948.012  Split sentence of probation or community control
889	and imprisonment.--
890	(1)  Whenever punishment by imprisonment for a misdemeanor
891	or a felony, except for a capital felony, is prescribed, the
892	court, in its discretion, may, at the time of sentencing, impose
893	a split sentence whereby the defendant is to be placed on
894	probation or, with respect to any such felony, into community
895	control upon completion of any specified period of such sentence
896	which may include a term of years or less. In such case, the
897	court shall stay and withhold the imposition of the remainder of
898	sentence imposed upon the defendant and direct that the
899	defendant be placed upon probation or into community control
900	after serving such period as may be imposed by the court. The
901	period of probation or community control shall commence
902	immediately upon the release of the defendant from
903	incarceration, whether by parole or gain-time allowances.
904	(2)  The court may also impose a split sentence whereby the
905	defendant is sentenced to a term of probation which may be
906	followed by a period of incarceration or, with respect to a
907	felony, into community control, as follows:
908	(a)  If the offender meets the terms and conditions of
909	probation or community control, any term of incarceration may be
910	modified by court order to eliminate the term of incarceration.
911	(b)  If the offender does not meet the terms and conditions
912	of probation or community control, the court may revoke, modify,
913	or continue the probation or community control as provided in s.
914	948.06. If the probation or community control is revoked, the
915	court may impose any sentence that it could have imposed at the
916	time the offender was placed on probation or community control.
917	The court may not provide credit for time served for any portion
918	of a probation or community control term toward a subsequent
919	term of probation or community control. However, the court may
920	not impose a subsequent term of probation or community control
921	which, when combined with any amount of time served on preceding
922	terms of probation or community control for offenses pending
923	before the court for sentencing, would exceed the maximum
924	penalty allowable as provided in s. 775.082. Such term of
925	incarceration shall be served under applicable law or county
926	ordinance governing service of sentences in state or county
927	jurisdiction. This paragraph does not prohibit any other
928	sanction provided by law.
929	(3)  The court may also impose split probation whereby,
930	upon satisfactory completion of half the term of probation, the
931	Department of Corrections may place the offender on
932	administrative probation for the remainder of the term of
933	supervision.
934	(4)  Effective for offenses committed on or after September
935	1, 2005, the court must impose a split sentence pursuant to
936	subsection (1) for any person who is convicted of a life felony
937	for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
938	if the court imposes a term of years in accordance with s.
939	775.082(3)4.b. rather than life imprisonment. The probation or
940	community control portion of the split sentence imposed by the
941	court for a defendant must extend for the duration of the
942	defendant's natural life and include a condition that he or she
943	be electronically monitored.
944	Section 15.  Section 948.061, Florida Statutes, is created
945	to read:
946	948.061  Identifying, assessing, and monitoring high-risk
947	sex offenders on community supervision; providing cumulative
948	criminal and supervision histories on the Internet.--
949	(1)  By December 1, 2005, the department shall develop a
950	graduated risk assessment that identifies, assesses, and closely
951	monitors a high-risk sex offender who is placed on probation or
952	in community control and who:
953	(a)  Has previously been placed on probation or in
954	community control and has a history of committing multiple
955	violations of community supervision in this state or in any
956	other jurisdiction or have previously been incarcerated in this
957	state or in any other jurisdiction; and
958	(b)  Has experienced more than one of the following risk
959	factors that could potentially make the offender more likely to
960	pose a danger to others:
961	1.  Previous conviction for domestic violence;
962	2.  History of substance abuse;
963	3.  Unemployment or substantial financial difficulties;
964	4.  Previous conviction for  violence or sex acts against
965	children, particularly involving strangers; or
966	5.  Any other risk factor identified by the department.
967	(2)  To facilitate the information available to the court
968	at first appearance hearings and at all subsequent hearings for
969	these high-risk sex offenders, the department shall, no later
970	than March 1, 2006, post on FDLE's Criminal Justice Intranet a
971	cumulative chronology of the sex offender's prior terms of state
972	probation and community control, including all substantive or
973	technical violations of state probation or community control.
974	The county jail in the county where the arrested person is
975	booked shall insure that state and national criminal history
976	information and all criminal justice information available in
977	the Florida Crime Information Center and the National Crime
978	Information Center, is provided to the court at the time of the
979	first appearance. The courts shall assist the department's
980	dissemination of critical information by creating and
981	maintaining an automated system to provide the information as
982	specified in this subsection and by providing the necessary
983	technology in the courtroom to deliver the information.
984	(3)  In monitoring the location of high-risk sex offenders,
985	the department, shall, no later than October 1, 2006, have
986	fingerprint-reading equipment and capability that will
987	immediately identify the probationer or community controllee
988	when they report to their designated probation officer and alert
989	department probation officials when probationers and community
990	controllees are subsequently rearrested.
991	Section 16.  Section 948.062, Florida Statutes, is created
992	to read:
993	948.062  Reviewing and reporting serious offenses committed
994	by offenders placed on probation or community control.--
995	(1)  The department shall review the circumstances related
996	to an offender placed on probation or community control who has
997	been arrested while on supervision for the following offenses:
998	(a)  Any murder as provided in s. 782.04;
999	(b)  Any sexual battery as provided in s. 794.011 or s.
1000	794.023;
1001	(c)  Any sexual performance by a child as provided in s.
1002	827.071;
1003	(d)  Any kidnapping, false imprisonment, or luring of a
1004	child as provided in s. 787.01, s. 782.07, or s. 787.025;
1005	(e)  Any lewd and lascivious battery or lewd and lascivious
1006	molestation as provided in s. 800.04(4) or s. 800.04(5);
1007	(f)  Any aggravated child abuse as provided in s.
1008	827.03(2);
1009	(g)  Any robbery with a firearm or other deadly weapon,
1010	home invasion robbery, or carjacking as provided in s.
1011	812.13(2)(a), s. 812.135, or s. 812.133;
1012	(h)  Any aggravated stalking as provided in s. 784.048(3),
1013	(4), or (5);
1014	(i)  Any forcible felony as provided in s. 776.08,
1015	committed by any person on probation or community control who is
1016	designated as a sexual predator; or
1017	(j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
1018	or vehicular or vessel homicide as provided in s. 782.071 or s.
1019	787.072, committed by any person who is on probation or
1020	community control for an offense involving death or injury
1021	resulting from a driving incident.
1022	(2)  The department shall provide a statistical data
1023	summary from these reviews to the Office of Program Policy
1024	Analysis and Government Accountability. The Office of Program
1025	Policy Analysis and Government Accountability shall analyze this
1026	data and provide a written report to the President of the Senate
1027	and the Speaker of the House of Representatives by March 1,
1028	2006. The report must include, at a minimum, any identified
1029	systemic deficiencies in managing high-risk offenders on
1030	community supervision; any patterns of noncompliance by
1031	correctional probation officers; and recommendations for
1032	improving the community supervision program.
1033	Section 17.  Section 948.063, Florida Statutes, is created
1034	to read:
1035	948.063  Violations of probation or community control by
1036	designated sexual offenders and sexual predators.--If probation
1037	or community control is revoked by the court pursuant to s.
1038	948.06(2)(e) and the offender is designated as a sexual offender
1039	or sexual predator pursuant to s. 775.21 for unlawful sexual
1040	activity involving a victim 15 years of age or younger and the
1041	offender is 18 years of age or older, and if the court imposes a
1042	subsequent term of supervision following the revocation of
1043	probation or community control, the court must order electronic
1044	monitoring as a condition of the subsequent term of probation or
1045	community control.
1046	Section 18.  Section 948.11, Florida Statutes, is amended
1047	to read:
1048	948.11  Electronic monitoring devices.--
1049	(1)(a)  The Department of Corrections may, at its
1050	discretion, electronically monitor an offender sentenced to
1051	community control.
1052	(b)  The Department of Corrections shall electronically
1053	monitor an offender sentenced to criminal quarantine community
1054	control 24 hours per day.
1055	(2)  Any offender placed on community control who violates
1056	the terms and conditions of community control and is restored to
1057	community control may be supervised by means of an electronic
1058	monitoring device or system.
1059	(3)  For those offenders being electronically monitored,
1060	the Department of Corrections shall develop procedures to
1061	determine, investigate, and report the offender's noncompliance
1062	with the terms and conditions of sentence 24 hours per day. All
1063	reports of noncompliance shall be immediately investigated by a
1064	community control officer.
1065	(4)  The Department of Corrections may contract with local
1066	law enforcement agencies to assist in the location and
1067	apprehension of offenders who are in noncompliance as reported
1068	by the electronic monitoring system. This contract is intended
1069	to provide the department a means for providing immediate
1070	investigation of noncompliance reports, especially after normal
1071	office hours.
1072	(5)  Any person being electronically monitored by the
1073	department as a result of placement on community control shall
1074	be required to pay a surcharge as provided in s. 948.09(2).
1075	(6)  For probationers, community controllees, or
1076	conditional releasees who have current or prior convictions for
1077	violent or sexual offenses, the department, in carrying out a
1078	court or commission order to electronically monitor an offender,
1079	must use a system that actively monitors and identifies the
1080	offender's location and timely reports or records the offender's
1081	presence near or within a crime scene or in a prohibited area or
1082	the offender's departure from specified geographic limitations.
1083	Procurement of electronic monitoring services under this
1084	subsection shall be by invitation to bid as defined in s.
1085	287.057.
1086	(7)  A person who intentionally alters, tampers with,
1087	damages or destroys any electronic monitoring equipment pursuant
1088	to court or commission order, unless such person is the owner of
1089	the equipment, or an agent of the owner, performing ordinary
1090	maintenance and repairs commits a felony of the third degree,
1091	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1092	Section 19.  Section 948.15, Florida Statutes, is amended
1093	to read:
1094	948.15  Misdemeanor probation services.--
1095	(1)  Defendants found guilty of misdemeanors who are placed
1096	on probation shall be under supervision not to exceed 6 months
1097	unless otherwise specified by the court.  In relation to any
1098	offense other than a felony in which the use of alcohol is a
1099	significant factor, the period of probation may be up to 1 year.
1100	(2)  A private entity or public entity under the
1101	supervision of the board of county commissioners or the court
1102	may provide probation services for offenders sentenced by the
1103	county court.
1104	(3)  Any private entity providing services for the
1105	supervision of misdemeanor probationers must contract with the
1106	county in which the services are to be rendered. In a county
1107	with a population of less than 70,000, the county court judge,
1108	or the administrative judge of the county court in a county that
1109	has more than one county court judge, must approve the contract.
1110	Terms of the contract must state, but are not limited to:
1111	(a)  The extent of the services to be rendered by the
1112	entity providing supervision or rehabilitation.
1113	(b)  Staff qualifications and criminal record checks of
1114	staff in accordance with essential standards established by the
1115	American Correctional Association as of January 1, 1991.
1116	(c)  Staffing levels.
1117	(d)  The number of face-to-face contacts with the offender.
1118	(e)  Procedures for handling the collection of all offender
1119	fees and restitution.
1120	(f)  Procedures for handling indigent offenders which
1121	ensure placement irrespective of ability to pay.
1122	(g)  Circumstances under which revocation of an offender's
1123	probation may be recommended.
1124	(h)  Reporting and recordkeeping requirements.
1125	(i)  Default and contract termination procedures.
1126	(j)  Procedures that aid offenders with job assistance.
1127	(k)  Procedures for accessing criminal history records of
1128	probationers.
1129
1130	In addition, the entity shall supply the chief judge's office
1131	with a quarterly report summarizing the number of offenders
1132	supervised by the private entity, payment of the required
1133	contribution under supervision or rehabilitation, and the number
1134	of offenders for whom supervision or rehabilitation will be
1135	terminated. All records of the entity must be open to inspection
1136	upon the request of the county, the court, the Auditor General,
1137	the Office of Program Policy Analysis and Government
1138	Accountability, or agents thereof.
1139	(4)  A private entity that provides court-ordered services
1140	to offenders and that charges a fee for such services must
1141	register with the board of county commissioners in the county in
1142	which the services are offered. The entity shall provide the
1143	following information for each program it operates:
1144	(a)  The length of time the program has been operating in
1145	the county.
1146	(b)  A list of the staff and a summary of their
1147	qualifications.
1148	(c)  A summary of the types of services that are offered
1149	under the program.
1150	(d)  The fees the entity charges for court-ordered services
1151	and its procedures, if any, for handling indigent offenders.
1152	(5)  The private entity providing misdemeanor supervision
1153	services shall also comply with all other applicable provisions
1154	of law.
1155	Section 20.  Subsection (2) of section 948.30, Florida
1156	Statutes, is amended and subsection (3) is added to that section
1157	to read:
1158	948.30  Additional terms and conditions of probation or
1159	community control for certain sex offenses.--Conditions imposed
1160	pursuant to this section do not require oral pronouncement at
1161	the time of sentencing and shall be considered standard
1162	conditions of probation or community control for offenders
1163	specified in this section.
1164	(2)  Effective for a probationer or community controllee
1165	whose crime was committed on or after October 1, 1997, and who
1166	is placed on community control or sex offender probation for a
1167	violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
1168	in addition to any other provision of this subsection, the court
1169	must impose the following conditions of probation or community
1170	control:
1171	(a)  As part of a treatment program, participation at least
1172	annually in polygraph examinations to obtain information
1173	necessary for risk management and treatment and to reduce the
1174	sex offender's denial mechanisms. A polygraph examination must
1175	be conducted by a polygrapher trained specifically in the use of
1176	the polygraph for the monitoring of sex offenders, where
1177	available, and shall be paid for by the sex offender. The
1178	results of the polygraph examination shall not be used as
1179	evidence in court to prove that a violation of community
1180	supervision has occurred.
1181	(b)  Maintenance of a driving log and a prohibition against
1182	driving a motor vehicle alone without the prior approval of the
1183	supervising officer.
1184	(c)  A prohibition against obtaining or using a post office
1185	box without the prior approval of the supervising officer.
1186	(d)  If there was sexual contact, a submission to, at the
1187	probationer's or community controllee's expense, an HIV test
1188	with the results to be released to the victim or the victim's
1189	parent or guardian.
1190	(e)  Electronic monitoring when deemed necessary by the
1191	community control or probation officer and his or her
1192	supervisor, and ordered by the court at the recommendation of
1193	the Department of Corrections.
1194	(3)  Effective for a probationer or community controllee
1195	whose crime was committed on or after September 1, 2005, and
1196	who:
1197	(a)  Is placed on probation or community control for a
1198	violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
1199	or s. 847.0145 and the unlawful sexual activity involved a
1200	victim 15 years of age or younger and the offender is 18 years
1201	of age or older;
1202	(b)  Is designated a sexual predator pursuant to s. 775.21;
1203	or
1204	(c)  Has previously been convicted of a violation of
1205	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
1206	847.0145 and the unlawful sexual activity involved a victim 15
1207	years of age or younger and the offender is 18 years of age or
1208	older,
1209
1210	the court must order, in addition to any other provision of this
1211	section, mandatory electronic monitoring as a condition of the
1212	probation or community control supervision.
1213	Section 21.  Subsection (1) of section 1012.465, Florida
1214	Statutes, is amended to read:
1215	1012.465  Background screening requirements for certain
1216	noninstructional school district employees and contractors.--
1217	(1)  Noninstructional school district employees or
1218	contractual personnel who are permitted access on school grounds
1219	when students are present, who have direct contact with students
1220	or who have access to or control of school funds must meet level
1221	2 screening requirements as described in s. 1012.32. Contractual
1222	personnel shall include any vendor, individual, or entity under
1223	contract with the school board.
1224	Section 22.  (1)(a)  There is created within the Department
1225	of Law Enforcement a task force for the purpose of examining the
1226	collection and dissemination of offender information within the
1227	criminal justice system and community. The task force shall
1228	recommend strategies and actions that may be implemented to
1229	enhance coordination and cooperation among the various entities
1230	within the criminal justice system with a common goal of public
1231	safety.
1232	(b)  The task force shall consist of the membership of the
1233	Criminal Justice Information Systems Council set forth in
1234	section 943.06, Florida Statutes.
1235	(2)(a)  The task force shall study and take testimony
1236	regarding:
1237	1.  The collection and dissemination of offender
1238	information, including criminal history and any other pertinent
1239	matters, to the court, the prosecuting attorney, and defense
1240	counsel at first appearance hearings.
1241	2.  The collection and dissemination of offender
1242	information, including criminal history and any other pertinent
1243	matters, to the court, the prosecuting attorney and defense
1244	counsel at all court appearances subsequent to first appearance.
1245	3.  The collection and dissemination of offender
1246	information, including criminal history and any other pertinent
1247	matters, to county probation officers or officials.
1248	4.  Any other subject that the task force deems relevant to
1249	the collection and dissemination of offender information within
1250	the criminal justice system and community.
1251	(b)  The task force shall submit a preliminary draft report
1252	of its findings and recommendations to the Governor, the
1253	President of the Senate, and the Speaker of the House of
1254	Representatives at least 45 days before the first day of the
1255	2006 regular session of the Legislature. The final report shall
1256	be filed with the Governor, the President of the Senate, and the
1257	Speaker of the House of Representatives at least 30 days before
1258	the first day of the 2006 regular session. In addition to the
1259	findings and recommendations included in the final report, the
1260	report must include a draft of proposed rules and proposed
1261	legislation for any recommendations requiring proposed rules and
1262	proposed legislation.
1263	(c)  Each state agency shall fully cooperate with the task
1264	force in the performance of its duties.
1265	(3)  All meetings of the task force and all business of the
1266	task force for which reimbursement may be requested shall be
1267	concluded before the final report is filed. The task force is
1268	abolished July 1, 2006.
1269	Section 23.  The Office of Program Policy Analysis and
1270	Governmental Accountability shall, every 3 years, perform a
1271	study of the effectiveness of Florida's sexual predator and
1272	sexual offender registration process and community and public
1273	notification provisions. As part of determining the
1274	effectiveness os the registration process, the OPPAGA shall
1275	examine the current practices of: the Department of Corrections,
1276	county probation offices, clerk of courts, court administrators,
1277	county jails and booking facilities, Department of Children and
1278	Family Services, judges, state attorneys offices, Department of
1279	Highway Safety and Motor Vehicles, Department of Law
1280	Enforcement, and local law enforcement agencies as they relate
1281	to: sharing of offender information regarding registered sexual
1282	predators and sexual offenders for purposes of fulfilling the
1283	requirements set fourth in the registration laws; ensuring the
1284	most accurate, current and comprehensive information is provided
1285	in a timely manner to the registry; ensuring the effective
1286	supervision and subsequent monitoring of sexual predators and
1287	offenders; and ensuring informed decisions are made at each
1288	point of the criminal justice and registration process. In
1289	addition to determining the effectiveness of the registration
1290	process, the report shall focus on the question of whether the
1291	notification provisions in statute are sufficient to apprise
1292	communities of the presence of sexual predators and sexual
1293	offenders. The report shall examine how local law enforcement
1294	agencies collect and disseminate information in an effort to
1295	notify the public and communities of the presence of sexual
1296	predators and offenders. If the report finds deficiencies in the
1297	registration process, the notification provisions, or both, the
1298	report shall provide options for correcting those deficiencies
1299	and shall include the projected cost of implementing those
1300	options. In conducting the study, the Office of Program Policy
1301	Analysis and Governmental Accountability shall consult with the
1302	Florida Council Against Sexual Violence and the Florida
1303	Association for the Treatment of Sexual Abusers in addition to
1304	other interested entities that may offer experiences and
1305	perspectives unique to this area of research. The report shall
1306	be submitted to the President of the Senate and the Speaker of
1307	the House of Representatives by January 1, 2006.
1308	Section 24.  Four full-time positions are authorized and
1309	the sum of $196,908 in recurring funds is appropriated from the
1310	General Revenue Fund to the Department of Corrections in
1311	salaries and benefits for the 2005-2006 fiscal year. The sum of
1312	$15,840 in recurring funds is appropriated from the General
1313	Revenue Fund to the Department of Corrections for salary
1314	incentive payments for the 2005-2006 fiscal year. The sums of
1315	$26,052 in recurring funds and $12,920 in nonrecurring funds are
1316	appropriated from the General Revenue Fund to the Department of
1317	Corrections for expenses for the 2005-2006 fiscal year. The sum
1318	of $121,114 in nonrecurring funds is appropriated from the
1319	General Revenue Fund to the Department of Corrections for other
1320	capital outlay for the 2005-2006 fiscal year. The sum of
1321	$3,169,530 in nonrecurring funds is appropriated from the
1322	General Revenue Fund to the Department of Corrections for fixed
1323	capital outlay for new prison beds, and the sum of $164,673 in
1324	recurring funds is appropriated from the General Revenue Fund to
1325	the Department of Corrections for operating costs for the 2005-
1326	2006 fiscal year.
1327	Section 25.  The sum of $3,928,860 in recurring funds is
1328	appropriated from the General Revenue Fund to the Department of
1329	Corrections for the 2005-2006 fiscal year for the purpose of
1330	increasing by 1,200 units the number of active Global
1331	Positioning System electronic monitoring devices available to
1332	the court when placing offenders on felony probation or other
1333	forms of community supervision authorized in chapters 948 and
1334	947, Florida Statutes. Procurement of electronic monitoring
1335	services under this act shall be by invitation to bid as defined
1336	in section 287.057, Florida Statutes.
1337	Section 26.  Nine full-time positions are authorized and
1338	the sum of $389,905 in recurring funds is appropriated from the
1339	General Revenue Fund to the Department of Law Enforcement for
1340	salaries and benefits for the 2005-2006 fiscal year. The sums of
1341	$58,617 in recurring funds and $77,070 in nonrecurring funds are
1342	appropriated from the General Revenue Fund to the Department of
1343	Law Enforcement for expenses for the 2005-2006 fiscal year. The
1344	sum of $94,200 in nonrecurring funds is appropriated from the
1345	General Revenue Fund to the Department of Law Enforcement for
1346	operating capital outlay for the 2005-06 fiscal year.  The sums
1347	of $143,000 in recurring funds and $521,000 in nonrecurring
1348	funds are appropriated from the General Revenue Fund to the
1349	Department of Law Enforcement for other personal services for
1350	the 2005-2006 fiscal year.
1351	Section 27.  The sums of $509,500 in recurring funds and
1352	$2,520,500 in nonrecurring funds are appropriated from the
1353	General Revenue Fund to the Office of State Courts Administrator
1354	for the 2005-2006 fiscal year for other data processing
1355	services.
1356	Section 28.  This act shall take effect September 1, 2005.

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