HB 7187

1	A bill to be entitled
2	An act relating to criminal justice; amending s. 921.0022,
3	F.S.; ranking in the offense severity ranking chart of the
4	Criminal Punishment Code several offenses relating to
5	failure by a sexual predator or sexual offender to comply
6	with certain reporting requirements; amending s.
7	943.04351, F.S.; requiring a search of the National Sex
8	Offender Public Registry before a person may work or
9	volunteer at a place where children regularly congregate;
10	amending s. 948.063, F.S.; requiring that the court order
11	electronic monitoring as a condition of probation or
12	community control following a violation of probation or
13	community control by certain offenders who are designated
14	as sexual offenders or sexual predators; amending s.
15	948.30, F.S.; requiring that the court order mandatory
16	electronic monitoring as a condition of probation or
17	community control supervision for certain sex offenders
18	whose crimes involved young children; amending s.
19	947.1405, F.S.; expanding the eligibility criteria for the
20	conditional release program; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Paragraph (g) of subsection (3) of section
25	921.0022, Florida Statutes, is amended to read:
26	921.0022  Criminal Punishment Code; offense severity
27	ranking chart.--
28	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute Felony Degree Description
29
	(g)  LEVEL 7
30
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
31
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
32
	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.
33
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
34
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
35
	409.920(2) 3rd Medicaid provider fraud.
36
	456.065(2) 3rd Practicing a health care profession without a license.
37
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
38
	458.327(1) 3rd Practicing medicine without a license.
39
	459.013(1) 3rd Practicing osteopathic medicine without a license.
40
	460.411(1) 3rd Practicing chiropractic medicine without a license.
41
	461.012(1) 3rd Practicing podiatric medicine without a license.
42
	462.17 3rd Practicing naturopathy without a license.
43
	463.015(1) 3rd Practicing optometry without a license.
44
	464.016(1) 3rd Practicing nursing without a license.
45
	465.015(2) 3rd Practicing pharmacy without a license.
46
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
47
	467.201 3rd Practicing midwifery without a license.
48
	468.366 3rd Delivering respiratory care services without a license.
49
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
50
	483.901(9) 3rd Practicing medical physics without a license.
51
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
52
	484.053 3rd Dispensing hearing aids without a license.
53
	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.
54
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
55
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
56
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
57
	775.21(6)(g)3. 2nd Sexual predator remaining at permanent residence after reporting intent to vacate; failure to comply with reporting requirements.
58
	775.21(6)(i) 3rd Sexual predator intending to establish residence in another state; failure to comply with reporting requirements.
59
	775.21(6)(j) 2nd Sexual predator; remains in state after indicating intent to leave; failure to comply with reporting requirements.
60
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
61
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
62
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
63
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
64
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
65
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
66
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
67
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
68
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
69
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
70
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
71
	784.048(7) 3rd Aggravated stalking; violation of court order.
72
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
73
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
74
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
75
	784.081(1) 1st Aggravated battery on specified official or employee.
76
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
77
	784.083(1) 1st Aggravated battery on code inspector.
78
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
79
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
80
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
81
	790.165(3) 2nd Possessing, displaying, or threatening to use any  hoax bomb while committing or attempting to commit a felony.
82
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
83
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
84
	796.03 2nd Procuring any person under 16 years for prostitution.
85
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
86
	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.
87
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
88
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
89
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
90
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
91
	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.
92
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
93
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
94
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
95
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
96
	812.131(2)(a) 2nd Robbery by sudden snatching.
97
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
98
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
99
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
100
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
101
	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.
102
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
103
	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.
104
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
105
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
106
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
107
	838.015 2nd Bribery.
108
	838.016 2nd Unlawful compensation or reward for official behavior.
109
	838.021(3)(a) 2nd Unlawful harm to a public servant.
110
	838.22 2nd Bid tampering.
111
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
112
	872.06 2nd Abuse of a dead human body.
113
	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.
114
	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.
115
	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).
116
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less  than 2,000 lbs.
117
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
118
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
119
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
120
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
121
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
122
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
123
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
124
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
125
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
126
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
127
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
128
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
129
	943.0435(7) 3rd Sexual offender intending to establish residence in another state; failure to comply with reporting requirements.
130
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
131
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
132
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
133
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
134
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
135
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
136
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
137
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
138
139	Section 2.  Section 943.04351, Florida Statutes, is amended
140	to read:
141	943.04351  Search of registration information regarding
142	sexual predators and sexual offenders required prior to
143	appointment or employment.--A state agency or governmental
144	subdivision, prior to making any decision to appoint or employ a
145	person to work, whether for compensation or as a volunteer, at
146	any park, playground, day care center, or other place where
147	children regularly congregate, must conduct a search of that
148	person's name or other identifying information against the
149	registration information regarding sexual predators and sexual
150	offenders maintained by the Department of Law Enforcement under
151	s. 943.043 and against the registration information regarding
152	sex offenders maintained by the Federal Bureau of Investigation
153	in the National Sex Offender Public Registry. The agency or
154	governmental subdivision may conduct the search using the
155	Internet site maintained by the Department of Law Enforcement.
156	This section does not apply to those positions or appointments
157	within a state agency or governmental subdivision for which a
158	state and national criminal history background check is
159	conducted.
160	Section 3.  Section 948.063, Florida Statutes, is amended
161	to read:
162	948.063  Violations of probation or community control by
163	designated sexual offenders and sexual predators.--If probation
164	or community control for any felony offense is revoked by the
165	court pursuant to s. 948.06(2)(e) and the offender is designated
166	as a sexual offender pursuant to s. 943.0435 or s. 944.607 or as
167	a sexual predator pursuant to s. 775.21 for unlawful sexual
168	activity involving a victim 15 years of age or younger and the
169	offender is 18 years of age or older, and if the court imposes a
170	subsequent term of supervision following the revocation of
171	probation or community control, the court must order electronic
172	monitoring as a condition of the subsequent term of probation or
173	community control.
174	Section 4.  Subsection (3) of section 948.30, Florida
175	Statutes, is amended to read:
176	948.30  Additional terms and conditions of probation or
177	community control for certain sex offenses.--Conditions imposed
178	pursuant to this section do not require oral pronouncement at
179	the time of sentencing and shall be considered standard
180	conditions of probation or community control for offenders
181	specified in this section.
182	(3)  Effective for a probationer or community controllee
183	whose felony offense crime was committed on or after September
184	1, 2005, and who:
185	(a)  Is placed on probation or community control for a
186	violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
187	or s. 847.0145 and the unlawful sexual activity involved a
188	victim 15 years of age or younger and the offender is 18 years
189	of age or older;
190	(b)  Is designated as a sexual predator pursuant to s.
191	775.21; or
192	(c)  Has previously been convicted of a violation of
193	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
194	847.0145 and the unlawful sexual activity involved a victim 15
195	years of age or younger and the offender is 18 years of age or
196	older,
197
198	the court must order, in addition to any other provision of this
199	section, mandatory electronic monitoring as a condition of the
200	probation or community control supervision.
201	Section 5.  Subsection (2) of section 947.1405, Florida
202	Statutes, is amended to read:
203	947.1405  Conditional release program.--
204	(2)  Any inmate who:
205	(a)  Is convicted of a crime committed on or after October
206	1, 1988, and before January 1, 1994, and any inmate who is
207	convicted of a crime committed on or after January 1, 1994,
208	which crime is or was contained in category 1, category 2,
209	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
210	Rules of Criminal Procedure (1993), or is convicted of any
211	offense under the following statutory provisions committed on or
212	after July 1, 2006:
213	1.  Sexual performance by a child under s. 827.071; or
214	2.  Selling or buying of minors under s. 847.0145,
215
216	and who has served at least one prior felony commitment at a
217	state or federal correctional institution;
218	(b)  Is sentenced as a habitual or violent habitual
219	offender or a violent career criminal pursuant to s. 775.084; or
220	(c)  Is found to be a sexual predator under s. 775.21 or
221	former s. 775.23,
222
223	shall, upon reaching the tentative release date or provisional
224	release date, whichever is earlier, as established by the
225	Department of Corrections, be released under supervision subject
226	to specified terms and conditions, including payment of the cost
227	of supervision pursuant to s. 948.09. Such supervision shall be
228	applicable to all sentences within the overall term of sentences
229	if an inmate's overall term of sentences includes one or more
230	sentences that are eligible for conditional release supervision
231	as provided herein. Effective July 1, 1994, and applicable for
232	offenses committed on or after that date, the commission may
233	require, as a condition of conditional release, that the
234	releasee make payment of the debt due and owing to a county or
235	municipal detention facility under s. 951.032 for medical care,
236	treatment, hospitalization, or transportation received by the
237	releasee while in that detention facility. The commission, in
238	determining whether to order such repayment and the amount of
239	such repayment, shall consider the amount of the debt, whether
240	there was any fault of the institution for the medical expenses
241	incurred, the financial resources of the releasee, the present
242	and potential future financial needs and earning ability of the
243	releasee, and dependents, and other appropriate factors. If any
244	inmate placed on conditional release supervision is also subject
245	to probation or community control, resulting from a probationary
246	or community control split sentence within the overall term of
247	sentences, the Department of Corrections shall supervise such
248	person according to the conditions imposed by the court and the
249	commission shall defer to such supervision.  If the court
250	revokes probation or community control and resentences the
251	offender to a term of incarceration, such revocation also
252	constitutes a sufficient basis for the revocation of the
253	conditional release supervision on any nonprobationary or
254	noncommunity control sentence without further hearing by the
255	commission.  If any such supervision on any nonprobationary or
256	noncommunity control sentence is revoked, such revocation may
257	result in a forfeiture of all gain-time, and the commission may
258	revoke the resulting deferred conditional release supervision or
259	take other action it considers appropriate. If the term of
260	conditional release supervision exceeds that of the probation or
261	community control, then, upon expiration of the probation or
262	community control, authority for the supervision shall revert to
263	the commission and the supervision shall be subject to the
264	conditions imposed by the commission. A panel of no fewer than
265	two commissioners shall establish the terms and conditions of
266	any such release. If the offense was a controlled substance
267	violation, the conditions shall include a requirement that the
268	offender submit to random substance abuse testing intermittently
269	throughout the term of conditional release supervision, upon the
270	direction of the correctional probation officer as defined in s.
271	943.10(3). The commission shall also determine whether the terms
272	and conditions of such release have been violated and whether
273	such violation warrants revocation of the conditional release.
274	Section 6.  This act shall take effect July 1, 2006.

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