HB 1363

1	A bill to be entitled
2	An act relating to organized criminal activity; amending
3	s. 874.01, F.S.; revising a short title; amending s.
4	874.02, F.S.; revising legislative findings and intent;
5	amending s. 874.03, F.S.; creating and revising
6	definitions; redefining "criminal street gangs" as
7	"organized crime groups"; amending s. 874.04, F.S.;
8	conforming provisions; creating s. 874.045, F.S.;
9	providing that chapter 874, F.S., does not preclude arrest
10	and prosecution under other specified provisions; amending
11	s. 874.05, F.S.; revising provisions relating to
12	soliciting or causing another to join an organized crime
13	group; creating s. 874.07, F.S.; prohibiting communication
14	with organized crime group members on postconviction
15	release; providing exceptions; providing penalties;
16	amending s. 874.08, F.S.; conforming provisions; amending
17	s. 874.09, F.S.; providing additional powers for the
18	Department of Law Enforcement and local law enforcement
19	agencies relating to crime data information; creating s.
20	874.10, F.S.; prohibiting use of electronic communications
21	to further criminal purposes; providing penalties;
22	creating s. 874.11, F.S.; defining the term
23	"identification document"; prohibiting possession of
24	identification documents in furtherance of criminal
25	activity; providing penalties; creating s. 874.12, F.S.;
26	providing for an organized crime prevention and
27	enforcement grant program; providing for rulemaking;
28	amending ss. 435.04, 893.138, 895.02, 921.0022, 921.0024,
29	921.141, 984.03, 985.03, 985.047, and 985.433, F.S.;
30	conforming cross-references and terminology to changes
31	made by this act; providing a directive to the Division of
32	Statutory Revision; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Section 874.01, Florida Statutes, is amended to
37	read:
38	874.01  Short title.--This chapter may be cited as the
39	"Organized Crime Group Criminal Street Gang Prevention Act of
40	2007 1996."
41	Section 2.  Section 874.02, Florida Statutes, is amended to
42	read:
43	874.02  Legislative findings and intent.--
44	(1)  The Legislature finds that it is the right of every
45	person, regardless of race, color, creed, religion, national
46	origin, sex, age, sexual orientation, or handicap, to be secure
47	and protected from fear, intimidation, and physical harm caused
48	by the activities of organized crime groups criminal street
49	gangs and their members. It is not the intent of this chapter to
50	interfere with the exercise of the constitutionally protected
51	rights of freedom of expression and association. The Legislature
52	recognizes the constitutional right of every citizen to harbor
53	and express beliefs on any lawful subject whatsoever, to
54	lawfully associate with others who share similar beliefs, to
55	petition lawfully constituted authority for a redress of
56	perceived grievances, and to participate in the electoral
57	process.
58	(2)  The Legislature finds, however, that the state is
59	facing a mounting crisis caused by organized crime groups
60	criminal street gangs whose members threaten and terrorize
61	peaceful citizens and commit a multitude of crimes. These
62	organized crime group criminal street gang activities, both
63	individually and collectively, present a clear and present
64	danger. Street gangs, in particular, have evolved into
65	increasingly sophisticated and complex organized crime groups
66	both in their criminal tactics, their schemes, and their
67	brutality. The state has a compelling interest in preventing
68	organized crime group criminal street gang activity and halting
69	the real and present danger posed by the proliferation of
70	organized crime groups and the graduation from more primitive
71	forms of criminal organizations to highly sophisticated criminal
72	organizations. For these reasons, and the Legislature finds that
73	the provisions of this chapter act are essential necessary to
74	maintain the public order and safety.
75	(3)  It is the intent of the Legislature to outlaw certain
76	conduct associated with the existence and proliferation of
77	organized criminal activity, provide eradicate the terror
78	created by criminal street gangs and their members by providing
79	enhanced criminal penalties, and eliminate and by eliminating
80	the patterns, profits, proceeds, instrumentalities, and property
81	facilitating organized criminal street gang activity, including
82	organized crime group criminal street gang recruitment.
83	Section 3.  Section 874.03, Florida Statutes, is amended to
84	read:
85	874.03  Definitions.--As used in this chapter:
86	(1)  "Electronic communication" has the meaning provided in
87	s. 934.02 and includes, but is not limited to, photographs,
88	video, telephone communications, text messages, facsimile,
89	electronic mail messages as defined in s. 668.602, and instant
90	message real-time communications with other individuals through
91	the Internet or other means.
92	(2)(1)  "Organized crime group Criminal street gang" means
93	a formal or informal ongoing organization, association, or group
94	that has as one of its primary activities the commission of
95	criminal or delinquent acts, and that consists of three or more
96	persons who have a common name or common identifying signs,
97	colors, or symbols and have two or more members who,
98	individually or collectively, engage in or have engaged in a
99	pattern of organized criminal street gang activity, including,
100	but not limited to, organized criminal syndicates, street gangs,
101	and terrorist organizations.
102	(3)(2)  "Organized crime Criminal street gang member" is a
103	person who is a member of an organized crime group a criminal
104	street gang as defined in this section subsection (1) and who
105	meets two or more of the following criteria:
106	(a)  Admits to organized crime group criminal street gang
107	membership.
108	(b)  Is identified as an organized crime group a criminal
109	street gang member by a parent or guardian.
110	(c)  Is identified as an organized crime group a criminal
111	street gang member by a documented reliable informant.
112	(d)  Resides in or frequents a particular organized crime
113	group's criminal street gang's area and adopts their style of
114	dress, their use of hand signs, or their tattoos, and associates
115	with known organized crime group criminal street gang members.
116	(e)  Is identified as an organized crime group a criminal
117	street gang member by an informant of previously untested
118	reliability and such identification is corroborated by
119	independent information.
120	(f)  Has been arrested more than once in the company of
121	identified organized crime group criminal street gang members
122	for offenses that which are consistent with usual organized
123	crime group criminal street gang activity.
124	(g)  Is identified as an organized crime group a criminal
125	street gang member by physical evidence such as photographs or
126	other documentation.
127	(h)  Has been stopped in the company of known organized
128	crime group criminal street gang members four or more times.
129	(i)  Has authored any communication indicating
130	responsibility for the commission of any crime by the organized
131	crime group.
132	(4)(3)  "Pattern of organized crime group criminal street
133	gang activity" means the commission or attempted commission of,
134	or solicitation or conspiracy to commit, as an organized crime
135	group member, two or more felony or three or more misdemeanor
136	offenses, or one felony and two misdemeanor offenses, or the
137	comparable number of delinquent acts or violations of law which
138	would be felonies or misdemeanors if committed by an adult, on
139	separate occasions within a 3-year period, excluding any period
140	of incarceration.
141	(5)(4)  For purposes of law enforcement identification and
142	tracking only:
143	(a)  "Organized crime group Criminal street gang associate"
144	means a person who:
145	1.  Admits to organized crime group criminal street gang
146	association; or
147	2.  Meets any single defining criterion for organized crime
148	group criminal street gang membership described in subsection
149	(3) (2).
150	(b)  "Organized crime-related Gang-related incident" means
151	an incident where that, upon investigation, meets any of the
152	following conditions:
153	1.  The participants are identified as organized crime
154	group criminal street gang members or organized crime group
155	criminal street gang associates, acting, individually or
156	collectively, to further any criminal purpose of the organized
157	crime group gang; or
158	2.  The A reliable informant identifies an incident is
159	identified as organized crime group criminal street gang
160	activity by a reliable informant; or
161	3.  an informant of previously untested reliability who
162	identifies an incident as criminal street gang activity and it
163	is corroborated by independent information.
164	(6)  "Street gangs" are formal or informal ongoing
165	organizations, entities, associations, or groups consisting of
166	three or more persons with a common name or common identifying
167	signs, colors, or symbols and two or more members who,
168	individually or collectively, have as one of their primary
169	activities the commission of criminal or delinquent acts and
170	engage in or have engaged in a pattern of organized criminal
171	activity.
172	(7)  "Terrorist organization" means any organized criminal
173	group engaged in or organized for the purpose of engaging in
174	terrorism as defined in s. 775.30. This definition shall not be
175	construed to prevent prosecution of individuals acting alone
176	under this chapter.
177	Section 4.  Section 874.04, Florida Statutes, is amended to
178	read:
179	874.04  Organized criminal street gang activity; enhanced
180	penalties.--Upon a finding by the court at sentencing that the
181	defendant committed the charged offense for the purpose of
182	benefiting, promoting, or furthering the interests of an
183	organized crime group a criminal street gang, the penalty for
184	any felony or misdemeanor, or any delinquent act or violation of
185	law which would be a felony or misdemeanor if committed by an
186	adult, may be enhanced. Penalty enhancement affects the
187	applicable statutory maximum penalty only. Each of the findings
188	required as a basis for such sentence shall be found by a
189	preponderance of the evidence. The enhancement will be as
190	follows:
191	(1)(a)  A misdemeanor of the second degree may be punished
192	as if it were a misdemeanor of the first degree.
193	(b)  A misdemeanor of the first degree may be punished as
194	if it were a felony of the third degree. For purposes of
195	sentencing under chapter 921 and determining incentive gain-time
196	eligibility under chapter 944, such offense is ranked in level 1
197	of the offense severity ranking chart. The criminal street gang
198	multiplier in s. 921.0024 does not apply to misdemeanors
199	enhanced under this paragraph.
200	(2)(a)  A felony of the third degree may be punished as if
201	it were a felony of the second degree.
202	(b)  A felony of the second degree may be punished as if it
203	were a felony of the first degree.
204	(c)  A felony of the first degree may be punished as if it
205	were a life felony.
206
207	For purposes of sentencing under chapter 921 and determining
208	incentive gain-time eligibility under chapter 944, such felony
209	offense is ranked as provided in s. 921.0022 or s. 921.0023, and
210	without regard to the penalty enhancement in this subsection.
211	For purposes of this section, penalty enhancement affects the
212	applicable statutory maximum penalty only.
213	Section 5.  Section 874.045, Florida Statutes, is created
214	to read:
215	874.045  Arrest and prosecution under other
216	provisions.--Nothing in this chapter shall prohibit the arrest
217	and prosecution of an organized crime group member under chapter
218	876, chapter 895, chapter 896, s. 893.20, or any other
219	applicable provision of law except to the extent otherwise
220	prohibited pursuant to a statutory or constitutional provision.
221	Section 6.  Section 874.05, Florida Statutes, is amended to
222	read:
223	874.05  Causing, encouraging, soliciting, or recruiting
224	organized crime group criminal street gang membership.--
225	(1)  Except as provided in subsection (2), a person who
226	intentionally causes, encourages, solicits, or recruits another
227	person to become an organized criminal group member where join a
228	criminal street gang that requires as a condition of membership
229	or continued membership is the commission of any crime commits a
230	felony of the third degree, punishable as provided in s.
231	775.082, s. 775.083, or s. 775.084.
232	(2)  A person who commits Upon a second or subsequent
233	violation offense, the person commits a felony of the second
234	degree, punishable as provided in s. 775.082, s. 775.083, or s.
235	775.084.
236	Section 7.  Section 874.07, Florida Statutes, is created to
237	read:
238	874.07  Communication among members or associates.--As a
239	term and condition of probation, parole, conditional release, or
240	community control, organized crime group members or associates
241	shall not communicate with any other organized crime group
242	members or associates through any means, except as authorized by
243	law enforcement officials, prosecutorial authorities, or the
244	court, for the purpose of aiding in the investigation of
245	organized criminal activity. Organized crime group members or
246	associates violating this section shall be deemed to have
247	violated their probation, parole, community release, or
248	community control, and the court shall revoke their probation,
249	parole, conditional release, or community control.
250	Section 8.  Section 874.08, Florida Statutes, is amended to
251	read:
252	874.08  Organized crime group activity and Profits,
253	proceeds, and instrumentalities of criminal street gangs or
254	criminal street gang recruitment; forfeiture.--All profits,
255	proceeds, and instrumentalities of organized crime group
256	criminal street gang activity and all property used or intended
257	or attempted to be used to facilitate the criminal activity of
258	any organized crime group criminal street gang or of any group
259	criminal street gang member; and all profits, proceeds, and
260	instrumentalities of organized crime group criminal street gang
261	recruitment and all property used or intended or attempted to be
262	used to facilitate organized crime group criminal street gang
263	recruitment are subject to seizure and forfeiture under the
264	Florida Contraband Forfeiture Act, s. 932.704.
265	Section 9.  Section 874.09, Florida Statutes, is amended to
266	read:
267	874.09  Crime data information.--
268	(1)  The Department of Law Enforcement may:
269	(a)  Develop and manage a statewide organized crime group
270	criminal street gang database to facilitate the exchange of
271	information pursuant to the intent and purpose of this chapter.
272	(b)  Notify all law enforcement agencies that reports of
273	arrested organized crime group members or associates shall be
274	entered into the database as soon as the minimum level of data
275	specified by the department is available to the reporting agency
276	and no waiting period for the entry of that data exists.
277	(c)  Compile and retain information regarding organized
278	crime groups and their members and associates in a manner that
279	allows the information to be used by law enforcement and other
280	agencies deemed appropriate for investigative purposes.
281	(d)  Compile and maintain a history data repository
282	relating to organized crime groups and their members and
283	associates in order to develop and improve techniques used by
284	law enforcement agencies and prosecutors in the investigation,
285	apprehension, and prosecution of members and affiliates of
286	organized crime groups.     (2)  Local law enforcement agencies
287	may:
288	(a)  After carrying out any arrest of any individual whom
289	they believe to be a member or associate of an organized crime
290	group, create or update that individual's electronic file within
291	the system.
292	(b)  Notify the prosecutor of the accused individual's
293	organized crime group membership or associate status.
294	Section 10.  Section 874.10, Florida Statutes, is created
295	to read:
296	874.10  Electronic communication.--Any person who uses
297	electronic communication to further any criminal purpose, to
298	intimidate or harass other persons, or to advertise his or her
299	presence in the community, including, but not limited to,
300	videotaping criminal activity or threats of criminal activity,
301	posting images or audio of criminal activity or threats of
302	criminal activity on the Internet, or reproducing photographs or
303	audio recordings of criminal activity commits a felony of the
304	third degree, punishable as provided in s. 775.082, s. 775.083,
305	or s. 775.084.
306	Section 11.  Section 874.11, Florida Statutes, is created
307	to read:
308	874.11  Identification documents; unlawful possession or
309	creation.--
310	(1)  For purposes of this section, the term "identification
311	document" includes, but is not limited to, a social security
312	card or number, a birth certificate, a driver's license, an
313	identification card pursuant to s. 322.051, a naturalization
314	certificate, an alien registration number, a passport, and any
315	access credentials for a publicly operated facility or an
316	infrastructure facility covered under 18 U.S.C. s. 2332f.
317	(2)  Any person possessing or manufacturing any blank,
318	forged, stolen, fictitious, fraudulent, counterfeit, or
319	otherwise unlawfully issued identification document in
320	furtherance of a criminal activity commits a felony of the
321	second degree, punishable as provided in s. 775.082, s. 775.083,
322	or s. 775.084.     Section 12.  Section 874.12, Florida Statutes, is
323	created to read:
324	874.12  Grants.--
325	(1)  The Department of Law Enforcement shall administer
326	organized crime prevention and enforcement grants from funds
327	specifically appropriated for this purpose. Grants shall be used
328	solely for the purpose of funding prevention programs or
329	strengthening enforcement activities. Funds shall be awarded on
330	a competitive basis to applicants who meet department criteria.
331	(2)  The Department of Law Enforcement shall adopt rules
332	pursuant to ss. 120.536(1) and 120.54 setting forth the grant
333	application process, eligibility criteria, and performance
334	standards.
335	Section 13.  Paragraph (nn) of subsection (2) of section
336	435.04, Florida Statutes, is amended to read:
337	435.04  Level 2 screening standards.--
338	(2)  The security background investigations under this
339	section must ensure that no persons subject to the provisions of
340	this section have been found guilty of, regardless of
341	adjudication, or entered a plea of nolo contendere or guilty to,
342	any offense prohibited under any of the following provisions of
343	the Florida Statutes or under any similar statute of another
344	jurisdiction:
345	(nn)  Section 874.05(1), relating to encouraging or
346	recruiting another to join an organized crime group a criminal
347	gang.
348	Section 14.  Paragraph (d) of subsection (2) of section
349	893.138, Florida Statutes, is amended to read:
350	893.138  Local administrative action to abate drug-related,
351	prostitution-related, or stolen-property-related public
352	nuisances and criminal street gang activity.--
353	(2)  Any place or premises that has been used:
354	(d)  By a criminal street gang for the purpose of
355	conducting a pattern of organized crime group criminal street
356	gang activity as defined by s. 874.03; or
357
358	may be declared to be a public nuisance, and such nuisance may
359	be abated pursuant to the procedures provided in this section.
360	Section 15.  Paragraph (a) of subsection (1) and subsection
361	(3) of section 895.02, Florida Statutes, are amended to read:
362	895.02  Definitions.--As used in ss. 895.01-895.08, the
363	term:
364	(1)  "Racketeering activity" means to commit, to attempt to
365	commit, to conspire to commit, or to solicit, coerce, or
366	intimidate another person to commit:
367	(a)  Any crime that is chargeable by indictment or
368	information under the following provisions of the Florida
369	Statutes:
370	1.  Section 210.18, relating to evasion of payment of
371	cigarette taxes.
372	2.  Section 403.727(3)(b), relating to environmental
373	control.
374	3.  Section 409.920 or s. 409.9201, relating to Medicaid
375	fraud.
376	4.  Section 414.39, relating to public assistance fraud.
377	5.  Section 440.105 or s. 440.106, relating to workers'
378	compensation.
379	6.  Section 443.071(4), relating to creation of a
380	fictitious employer scheme to commit unemployment compensation
381	fraud.
382	7.  Section 465.0161, relating to distribution of medicinal
383	drugs without a permit as an Internet pharmacy.
384	8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
385	499.0691, relating to crimes involving contraband and
386	adulterated drugs.
387	9.  Part IV of chapter 501, relating to telemarketing.
388	10.  Chapter 517, relating to sale of securities and
389	investor protection.
390	11.  Section 550.235, s. 550.3551, or s. 550.3605, relating
391	to dogracing and horseracing.
392	12.  Chapter 550, relating to jai alai frontons.
393	13.  Section 551.109, relating to slot machine gaming.
394	14.  Chapter 552, relating to the manufacture,
395	distribution, and use of explosives.
396	15.  Chapter 560, relating to money transmitters, if the
397	violation is punishable as a felony.
398	16.  Chapter 562, relating to beverage law enforcement.
399	17.  Section 624.401, relating to transacting insurance
400	without a certificate of authority, s. 624.437(4)(c)1., relating
401	to operating an unauthorized multiple-employer welfare
402	arrangement, or s. 626.902(1)(b), relating to representing or
403	aiding an unauthorized insurer.
404	18.  Section 655.50, relating to reports of currency
405	transactions, when such violation is punishable as a felony.
406	19.  Chapter 687, relating to interest and usurious
407	practices.
408	20.  Section 721.08, s. 721.09, or s. 721.13, relating to
409	real estate timeshare plans.
410	21.  Chapter 782, relating to homicide.
411	22.  Chapter 784, relating to assault and battery.
412	23.  Chapter 787, relating to kidnapping or human
413	trafficking.
414	24.  Chapter 790, relating to weapons and firearms.
415	25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
416	796.05, or s. 796.07, relating to prostitution and sex
417	trafficking.
418	26.  Chapter 806, relating to arson.
419	27.  Section 810.02(2)(c), relating to specified burglary
420	of a dwelling or structure.
421	28.  Chapter 812, relating to theft, robbery, and related
422	crimes.
423	29.  Chapter 815, relating to computer-related crimes.
424	30.  Chapter 817, relating to fraudulent practices, false
425	pretenses, fraud generally, and credit card crimes.
426	31.  Chapter 825, relating to abuse, neglect, or
427	exploitation of an elderly person or disabled adult.
428	32.  Section 827.071, relating to commercial sexual
429	exploitation of children.
430	33.  Chapter 831, relating to forgery and counterfeiting.
431	34.  Chapter 832, relating to issuance of worthless checks
432	and drafts.
433	35.  Section 836.05, relating to extortion.
434	36.  Chapter 837, relating to perjury.
435	37.  Chapter 838, relating to bribery and misuse of public
436	office.
437	38.  Chapter 843, relating to obstruction of justice.
438	39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
439	s. 847.07, relating to obscene literature and profanity.
440	40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
441	849.25, relating to gambling.
442	41.  Chapter 874, relating to organized crime groups
443	criminal street gangs.
444	42.  Chapter 893, relating to drug abuse prevention and
445	control.
446	43.  Chapter 896, relating to offenses related to financial
447	transactions.
448	44.  Sections 914.22 and 914.23, relating to tampering with
449	a witness, victim, or informant, and retaliation against a
450	witness, victim, or informant.
451	45.  Sections 918.12 and 918.13, relating to tampering with
452	jurors and evidence.
453	(3)  "Enterprise" means any individual, sole
454	proprietorship, partnership, corporation, business trust, union
455	chartered under the laws of this state, or other legal entity,
456	or any unchartered union, association, or group of individuals
457	associated in fact although not a legal entity; and it includes
458	illicit as well as licit enterprises and governmental, as well
459	as other, entities. An organized crime group A criminal street
460	gang, as defined in s. 874.03, constitutes an enterprise.
461	Section 16.  Paragraphs (d) and (e) of subsection (3) of
462	section 921.0022, Florida Statutes, are amended to read:
463	921.0022  Criminal Punishment Code; offense severity
464	ranking chart.--
465	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
466
	(d)  LEVEL 4
467
	316.1935(3)(a) 2nd 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.
468
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
469
	499.0051(2) 3rd Failure to authenticate pedigree papers.
470
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
471
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
472
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
473
	784.075 3rd Battery on detention or commitment facility staff.
474
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
475
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
476
	784.081(3) 3rd Battery on specified official or employee.
477
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
478
	784.083(3) 3rd Battery on code inspector.
479
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
480
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
481
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
482
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
483
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
484
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
485
	790.115(2)(c) 3rd Possessing firearm on school property.
486
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
487
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
488
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
489
	810.06 3rd Burglary; possession of tools.
490
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
491
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
492
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
493
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
494
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
495
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
496
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
497
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
498
	837.02(1) 3rd Perjury in official proceedings.
499
	837.021(1) 3rd Make contradictory statements in official proceedings.
500
	838.022 3rd Official misconduct.
501
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
502
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
503
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
504
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
505
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
506
	874.05(1) 3rd Encouraging or recruiting another to join an organized crime group a criminal street gang.
507
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
508
	914.14(2) 3rd Witnesses accepting bribes.
509
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
510
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
511
	918.12 3rd Tampering with jurors.
512
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
513
	(e)  LEVEL 5
514
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
515
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
516
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
517
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
518
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
519
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
520
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
521
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
522
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
523
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
524
	790.01(2) 3rd Carrying a concealed firearm.
525
	790.162 2nd Threat to throw or discharge destructive device.
526
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
527
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
528
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
529
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
530
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
531
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
532
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
533
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
534
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
535
	812.131(2)(b) 3rd Robbery by sudden snatching.
536
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
537
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
538
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
539
	817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
540
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
541
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
542
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
543
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
544
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
545
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
546
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
547
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
548
	847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
549
	874.05(2) 2nd Encouraging or recruiting another to join an organized crime group a criminal street gang; second or subsequent offense.
550
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
551
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
552
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
553
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
554
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
555
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
556
557	Section 17.  Subsection (1) of section 921.0024, Florida
558	Statutes, is amended to read:
559	921.0024  Criminal Punishment Code; worksheet computations;
560	scoresheets.--
561	(1)(a)  The Criminal Punishment Code worksheet is used to
562	compute the subtotal and total sentence points as follows:
563
564	FLORIDA CRIMINAL PUNISHMENT CODE
565	WORKSHEET
566
567	OFFENSE SCORE
568
569	Primary Offense
570
	Level Sentence Points Total
571
	10 116 = _____
572
	9 92 = _____
573
	8 74 = _____
574
	7 56 = _____
575
	6 36 = _____
576
	5 28 = _____
577
	4 22 = _____
578
	3 16 = _____
579
	2 10 = _____
580
	1 4 = _____
581
582
	Total ________
583
584	Additional Offenses
585
	Level Sentence Points Counts Total
586
	10 58 x _____ = _____
587
	9 46 x _____ = _____
588
	8 37 x _____ = _____
589
	7 28 x _____ = _____
590
	6 18 x _____ = _____
591
	5 5.4 x _____ = _____
592
	4 3.6 x _____ = _____
593
	3 2.4 x _____ = _____
594
	2 1.2 x _____ = _____
595
	1 0.7 x _____ = _____
596
	M 0.2 x _____ = _____
597
598
	Total ______
599
600	Victim Injury
601
	Level Sentence Points Number Total
602
	2nd degree   murder-  death 240 x _____ = _____
603
	Death 120 x _____ = _____
604
	Severe 40 x _____ = _____
605
	Moderate 18 x _____ = _____
606
	Slight 4 x _____ = _____
607
	Sexual  penetration 80 x _____ = _____
608
	Sexual contact 40 x _____ = _____
609
610
	Total ______
611
612	Primary Offense + Additional Offenses + Victim Injury =
613	TOTAL OFFENSE SCORE
614
615	PRIOR RECORD SCORE
616
617	Prior Record
618
	Level Sentence Points Number Total
619
	10 29 x _____ = _____
620
	9 23 x _____ = _____
621
	8 19 x _____ = _____
622
	7 14 x _____ = _____
623
	6 9 x _____ = _____
624
	5 3.6 x _____ = _____
625
	4 2.4 x _____ = _____
626
	3 1.6 x _____ = _____
627
	2 0.8 x _____ = _____
628
	1 0.5 x _____ = _____
629
	M 0.2 x _____ = _____
630
631
	Total ______
632
633	TOTAL OFFENSE SCORE_______________________________________
634	TOTAL PRIOR RECORD SCORE_______________________________
635
636	LEGAL STATUS___________________________________________
637	COMMUNITY SANCTION VIOLATION___________________________
638	PRIOR SERIOUS FELONY___________________________________
639	PRIOR CAPITAL FELONY___________________________________
640	FIREARM OR SEMIAUTOMATIC WEAPON________________________
641	SUBTOTAL__________
642
643	PRISON RELEASEE REOFFENDER (no)(yes)__________________
644	VIOLENT CAREER CRIMINAL (no)(yes)_____________________
645	HABITUAL VIOLENT OFFENDER (no)(yes)___________________
646	HABITUAL OFFENDER (no)(yes)___________________________
647	DRUG TRAFFICKER (no)(yes) (x multiplier)______________
648	LAW ENF. PROTECT. (no)(yes) (x multiplier)____________
649	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)__________
650	ORGANIZED CRIME GROUP CRIMINAL STREET GANG OFFENSE (no)(yes)
651	(x multiplier)___________________________________________
652	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
653	(x multiplier)___________________________________________
654
655	TOTAL SENTENCE POINTS___________
656
657	(b)  WORKSHEET KEY:
658
659	Legal status points are assessed when any form of legal status
660	existed at the time the offender committed an offense before the
661	court for sentencing. Four (4) sentence points are assessed for
662	an offender's legal status.
663
664	Community sanction violation points are assessed when a
665	community sanction violation is before the court for sentencing.
666	Six (6) sentence points are assessed for each community sanction
667	violation, and each successive community sanction violation;
668	however, if the community sanction violation includes a new
669	felony conviction before the sentencing court, twelve (12)
670	community sanction violation points are assessed for such
671	violation, and for each successive community sanction violation
672	involving a new felony conviction. Multiple counts of community
673	sanction violations before the sentencing court shall not be a
674	basis for multiplying the assessment of community sanction
675	violation points.
676
677	Prior serious felony points: If the offender has a primary
678	offense or any additional offense ranked in level 8, level 9, or
679	level 10, and one or more prior serious felonies, a single
680	assessment of 30 points shall be added. For purposes of this
681	section, a prior serious felony is an offense in the offender's
682	prior record that is ranked in level 8, level 9, or level 10
683	under s. 921.0022 or s. 921.0023 and for which the offender is
684	serving a sentence of confinement, supervision, or other
685	sanction or for which the offender's date of release from
686	confinement, supervision, or other sanction, whichever is later,
687	is within 3 years before the date the primary offense or any
688	additional offense was committed.
689
690	Prior capital felony points: If the offender has one or more
691	prior capital felonies in the offender's criminal record, points
692	shall be added to the subtotal sentence points of the offender
693	equal to twice the number of points the offender receives for
694	the primary offense and any additional offense. A prior capital
695	felony in the offender's criminal record is a previous capital
696	felony offense for which the offender has entered a plea of nolo
697	contendere or guilty or has been found guilty; or a felony in
698	another jurisdiction which is a capital felony in that
699	jurisdiction, or would be a capital felony if the offense were
700	committed in this state.
701
702	Possession of a firearm, semiautomatic firearm, or machine gun:
703	If the offender is convicted of committing or attempting to
704	commit any felony other than those enumerated in s. 775.087(2)
705	while having in his or her possession: a firearm as defined in
706	s. 790.001(6), an additional 18 sentence points are assessed; or
707	if the offender is convicted of committing or attempting to
708	commit any felony other than those enumerated in s. 775.087(3)
709	while having in his or her possession a semiautomatic firearm as
710	defined in s. 775.087(3) or a machine gun as defined in s.
711	790.001(9), an additional 25 sentence points are assessed.
712
713	Sentencing multipliers:
714
715	Drug trafficking: If the primary offense is drug trafficking
716	under s. 893.135, the subtotal sentence points are multiplied,
717	at the discretion of the court, for a level 7 or level 8
718	offense, by 1.5. The state attorney may move the sentencing
719	court to reduce or suspend the sentence of a person convicted of
720	a level 7 or level 8 offense, if the offender provides
721	substantial assistance as described in s. 893.135(4).
722
723	Law enforcement protection: If the primary offense is a
724	violation of the Law Enforcement Protection Act under s.
725	775.0823(2), the subtotal sentence points are multiplied by 2.5.
726	If the primary offense is a violation of s. 775.0823(3), (4),
727	(5), (6), (7), or (8), the subtotal sentence points are
728	multiplied by 2.0. If the primary offense is a violation of s.
729	784.07(3) or s. 775.0875(1), or of the Law Enforcement
730	Protection Act under s. 775.0823(9) or (10), the subtotal
731	sentence points are multiplied by 1.5.
732
733	Grand theft of a motor vehicle: If the primary offense is grand
734	theft of the third degree involving a motor vehicle and in the
735	offender's prior record, there are three or more grand thefts of
736	the third degree involving a motor vehicle, the subtotal
737	sentence points are multiplied by 1.5.
738
739	Offense related to an organized crime group a criminal street
740	gang: If the offender is convicted of the primary offense and
741	committed that offense for the purpose of benefiting, promoting,
742	or furthering the interests of an organized crime group a
743	criminal street gang as prohibited under s. 874.04, the subtotal
744	sentence points are multiplied by 1.5.
745
746	Domestic violence in the presence of a child: If the offender is
747	convicted of the primary offense and the primary offense is a
748	crime of domestic violence, as defined in s. 741.28, which was
749	committed in the presence of a child under 16 years of age who
750	is a family or household member as defined in s. 741.28(3) with
751	the victim or perpetrator, the subtotal sentence points are
752	multiplied by 1.5.
753	Section 18.  Paragraph (n) of subsection (5) of section
754	921.141, Florida Statutes, is amended to read:
755	921.141  Sentence of death or life imprisonment for capital
756	felonies; further proceedings to determine sentence.--
757	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
758	shall be limited to the following:
759	(n)  The capital felony was committed by an organized crime
760	group a criminal street gang member, as defined in s. 874.03.
761	Section 19.  Subsection (30) of section 984.03, Florida
762	Statutes, is amended to read:
763	984.03  Definitions.--When used in this chapter, the term:
764	(30)  "Juvenile justice continuum" includes, but is not
765	limited to, delinquency prevention programs and services
766	designed for the purpose of preventing or reducing delinquent
767	acts, including criminal activity by organized crime groups
768	youth gangs and juvenile arrests, as well as programs and
769	services targeted at children who have committed delinquent
770	acts, and children who have previously been committed to
771	residential treatment programs for delinquents. The term
772	includes children-in-need-of-services and families-in-need-of-
773	services programs; conditional release; substance abuse and
774	mental health programs; educational and vocational programs;
775	recreational programs; community services programs; community
776	service work programs; and alternative dispute resolution
777	programs serving children at risk of delinquency and their
778	families, whether offered or delivered by state or local
779	governmental entities, public or private for-profit or not-for-
780	profit organizations, or religious or charitable organizations.
781	Section 20.  Paragraph (c) of subsection (15) and
782	subsection (29) of section 985.03, Florida Statutes, are amended
783	to read:
784	985.03  Definitions.--As used in this chapter, the term:
785	(15)
786	(c)  "Delinquency prevention programs" means programs
787	designed for the purpose of reducing the occurrence of
788	delinquency, including organized crime group youth and street
789	gang activity, and juvenile arrests. The term excludes
790	arbitration, diversionary or mediation programs, and community
791	service work or other treatment available subsequent to a child
792	committing a delinquent act.
793	(29)  "Juvenile justice continuum" includes, but is not
794	limited to, delinquency prevention programs and services
795	designed for the purpose of preventing or reducing delinquent
796	acts, including criminal activity by organized crime groups
797	youth gangs, and juvenile arrests, as well as programs and
798	services targeted at children who have committed delinquent
799	acts, and children who have previously been committed to
800	residential treatment programs for delinquents. The term
801	includes children-in-need-of-services and families-in-need-of-
802	services programs; conditional release; substance abuse and
803	mental health programs; educational and career programs;
804	recreational programs; community services programs; community
805	service work programs; and alternative dispute resolution
806	programs serving children at risk of delinquency and their
807	families, whether offered or delivered by state or local
808	governmental entities, public or private for-profit or not-for-
809	profit organizations, or religious or charitable organizations.
810	Section 21.  Paragraph (c) of subsection (1) of section
811	985.047, Florida Statutes, is amended to read:
812	985.047  Information systems.--
813	(1)
814	(c)  As used in this section, "a juvenile who is at risk of
815	becoming a serious habitual juvenile offender" means a juvenile
816	who has been adjudicated delinquent and who meets one or more of
817	the following criteria:
818	1.  Is arrested for a capital, life, or first degree felony
819	offense or sexual battery.
820	2.  Has five or more arrests, at least three of which are
821	for felony offenses. Three of such arrests must have occurred
822	within the preceding 12-month period.
823	3.  Has 10 or more arrests, at least 2 of which are for
824	felony offenses. Three of such arrests must have occurred within
825	the preceding 12-month period.
826	4.  Has four or more arrests, at least one of which is for
827	a felony offense and occurred within the preceding 12-month
828	period.
829	5.  Has 10 or more arrests, at least 8 of which are for any
830	of the following offenses:
831	a.  Petit theft;
832	b.  Misdemeanor assault;
833	c.  Possession of a controlled substance;
834	d.  Weapon or firearm violation; or
835	e.  Substance abuse.
836
837	Four of such arrests must have occurred within the preceding 12-
838	month period.
839	6.  Meets at least one of the criteria for organized crime
840	group youth and street gang membership.
841	Section 22.  Paragraph (a) of subsection (6) and subsection
842	(7) of section 985.433, Florida Statutes, are amended to read:
843	985.433  Disposition hearings in delinquency cases.--When a
844	child has been found to have committed a delinquent act, the
845	following procedures shall be applicable to the disposition of
846	the case:
847	(6)  The first determination to be made by the court is a
848	determination of the suitability or nonsuitability for
849	adjudication and commitment of the child to the department. This
850	determination shall include consideration of the recommendations
851	of the department, which may include a predisposition report.
852	The predisposition report shall include, whether as part of the
853	child's multidisciplinary assessment, classification, and
854	placement process components or separately, evaluation of the
855	following criteria:
856	(a)  The seriousness of the offense to the community. If
857	the court determines under chapter 874 that the child was a
858	member of an organized crime group a criminal street gang at the
859	time of the commission of the offense, the seriousness of the
860	offense to the community shall be given great weight.
861
862	It is the intent of the Legislature that the criteria set forth
863	in this subsection are general guidelines to be followed at the
864	discretion of the court and not mandatory requirements of
865	procedure. It is not the intent of the Legislature to provide
866	for the appeal of the disposition made under this section.
867	(7)  If the court determines that the child should be
868	adjudicated as having committed a delinquent act and should be
869	committed to the department, such determination shall be in
870	writing or on the record of the hearing. The determination shall
871	include a specific finding of the reasons for the decision to
872	adjudicate and to commit the child to the department, including
873	any determination that the child was a member of an organized
874	crime group a criminal street gang.
875	(a)  The juvenile probation officer shall recommend to the
876	court the most appropriate placement and treatment plan,
877	specifically identifying the restrictiveness level most
878	appropriate for the child. If the court has determined that the
879	child was a member of an organized crime group a criminal street
880	gang, that determination shall be given great weight in
881	identifying the most appropriate restrictiveness level for the
882	child. The court shall consider the department's recommendation
883	in making its commitment decision.
884	(b)  The court shall commit the child to the department at
885	the restrictiveness level identified or may order placement at a
886	different restrictiveness level. The court shall state for the
887	record the reasons that establish by a preponderance of the
888	evidence why the court is disregarding the assessment of the
889	child and the restrictiveness level recommended by the
890	department. Any party may appeal the court's findings resulting
891	in a modified level of restrictiveness under this paragraph.
892	(c)  The court may also require that the child be placed in
893	a probation program following the child's discharge from
894	commitment. Community-based sanctions under subsection (8) may
895	be imposed by the court at the disposition hearing or at any
896	time prior to the child's release from commitment.
897	Section 23.  The Division of Statutory Revision is directed
898	to redesignate the title of chapter 874, Florida Statutes, as
899	"Organized Criminal Activity Enforcement and Prevention."
900	Section 24.  This act shall take effect July 1, 2007.

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