CS/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; revising an evidentiary standard;
9	creating s. 874.045, F.S.; providing that chapter 874,
10	F.S., does not preclude arrest and prosecution under other
11	specified provisions; amending s. 874.05, F.S.; revising
12	provisions relating to soliciting or causing another to
13	join an organized crime group; amending s. 874.08, F.S.;
14	conforming provisions; amending s. 874.09, F.S.; providing
15	additional powers for the Department of Law Enforcement
16	and local law enforcement agencies relating to crime data
17	information; creating s. 874.10, F.S.; prohibiting use of
18	electronic communications to further the interests of an
19	organized crime group; providing penalties; creating s.
20	874.11, F.S.; defining the term "identification document";
21	prohibiting possession of identification documents for
22	specified purposes; providing penalties; creating s.
23	874.12, F.S.; providing for an organized crime prevention
24	and enforcement grant program; creating s. 874.13, F.S.;
25	providing for the suspension of driver's licenses for
26	certain offenses; creating s. 948.033, F.S., prohibiting
27	certain offenders from communicating with organized crime
28	group members; providing exceptions; amending s. 947.18,
29	F.S.; prohibiting certain parolees from communicating with
30	organized crime group members; providing exceptions;
31	amending s. 947.1405, F.S.; prohibiting certain
32	conditional releasees from communicating with organized
33	crime group members; providing exceptions; amending ss.
34	435.04, 893.138, 895.02, 921.0022, 921.0024, 921.141,
35	984.03, 985.03, 985.047, and 985.433, F.S.; conforming
36	cross-references and terminology to changes made by this
37	act; providing a directive to the Division of Statutory
38	Revision; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 874.01, Florida Statutes, is amended to
43	read:
44	874.01  Short title.--This chapter may be cited as the
45	"Organized Crime Group Criminal Street Gang Prevention Act of
46	2007 1996."
47	Section 2.  Section 874.02, Florida Statutes, is amended to
48	read:
49	874.02  Legislative findings and intent.--
50	(1)  The Legislature finds that it is the right of every
51	person, regardless of race, color, creed, religion, national
52	origin, sex, age, sexual orientation, or handicap, to be secure
53	and protected from fear, intimidation, and physical harm caused
54	by the activities of organized crime groups criminal street
55	gangs and their members. It is not the intent of this chapter to
56	interfere with the exercise of the constitutionally protected
57	rights of freedom of expression and association. The Legislature
58	recognizes the constitutional right of every citizen to harbor
59	and express beliefs on any lawful subject whatsoever, to
60	lawfully associate with others who share similar beliefs, to
61	petition lawfully constituted authority for a redress of
62	perceived grievances, and to participate in the electoral
63	process.
64	(2)  The Legislature finds, however, that the state is
65	facing a mounting crisis caused by organized crime groups
66	criminal street gangs whose members threaten and terrorize
67	peaceful citizens and commit a multitude of crimes. These
68	organized crime group criminal street gang activities, both
69	individually and collectively, present a clear and present
70	danger. Street gangs, in particular, have evolved into
71	increasingly sophisticated and complex organized crime groups in
72	their criminal tactics, their schemes, and their brutality. The
73	state has a compelling interest in preventing organized crime
74	group criminal street gang activity and halting the real and
75	present danger posed by the proliferation of organized crime
76	groups and the graduation from more primitive forms of criminal
77	organizations to highly sophisticated criminal organizations.
78	For these reasons, and the Legislature finds that the provisions
79	of this chapter act are essential necessary to maintain the
80	public order and safety.
81	(3)  It is the intent of the Legislature to outlaw certain
82	conduct associated with the existence and proliferation of
83	organized criminal activity, provide eradicate the terror
84	created by criminal street gangs and their members by providing
85	enhanced criminal penalties, and eliminate and by eliminating
86	the patterns, profits, proceeds, instrumentalities, and property
87	facilitating organized crime group criminal street gang
88	activity, including organized crime group criminal street gang
89	recruitment.
90	Section 3.  Section 874.03, Florida Statutes, is amended to
91	read:
92	874.03  Definitions.--As used in this chapter:
93	(1)  "Electronic communication" has the meaning provided in
94	s. 934.02 and includes, but is not limited to, photographs,
95	video, telephone communications, text messages, facsimile,
96	electronic mail messages as defined in s. 668.602, and instant
97	message real-time communications with other individuals through
98	the Internet or other means.
99	(2)(1)  "Organized crime group Criminal street gang" means
100	a formal or informal ongoing organization, association, or group
101	that has as one of its primary activities the commission of
102	criminal or delinquent acts, and that consists of three or more
103	persons who have a common name or common identifying signs,
104	colors, or symbols and have two or more members who,
105	individually or collectively, engage in or have engaged in a
106	pattern of organized criminal street gang activity, including,
107	but not limited to, organized criminal syndicates, street gangs,
108	and terrorist organizations.
109	(3)(2)  "Organized crime group Criminal street gang member"
110	is a person who is a member of a criminal street gang as defined
111	in subsection (1) and who meets two or more of the following
112	criteria:
113	(a)  Admits to organized crime group criminal street gang
114	membership.
115	(b)  Is identified as an organized crime group a criminal
116	street gang member by a parent or guardian.
117	(c)  Is identified as an organized crime group a criminal
118	street gang member by a documented reliable informant.
119	(d)  Resides in or frequents a particular organized crime
120	group's criminal street gang's area and adopts their style of
121	dress, their use of hand signs, or their tattoos, and associates
122	with known organized crime group criminal street gang members.
123	(e)  Is identified as an organized crime group a criminal
124	street gang member by an informant of previously untested
125	reliability and such identification is corroborated by
126	independent information.
127	(f)  Has been arrested more than once in the company of
128	identified organized crime group criminal street gang members
129	for offenses that which are consistent with usual organized
130	crime group criminal street gang activity.
131	(g)  Is identified as an organized crime group a criminal
132	street gang member by physical evidence such as photographs or
133	other documentation.
134	(h)  Has been stopped in the company of known organized
135	crime group criminal street gang members four or more times.
136	(i)  Has authored any communication indicating
137	responsibility for the commission of any crime by the organized
138	crime group.
139	(4)(3)  "Pattern of organized crime group criminal street
140	gang activity" means the commission or attempted commission of,
141	or solicitation or conspiracy to commit, as an organized crime
142	group member, two or more felony or three or more misdemeanor
143	offenses, or one felony and two misdemeanor offenses, or the
144	comparable number of delinquent acts or violations of law which
145	would be felonies or misdemeanors if committed by an adult, on
146	separate occasions within a 3-year period, excluding any period
147	of incarceration.
148	(5)(4)  For purposes of law enforcement identification and
149	tracking only:
150	(a)  "Organized crime group Criminal street gang associate"
151	means a person who:
152	1.  Admits to organized crime group criminal street gang
153	association; or
154	2.  Meets any single defining criterion for organized crime
155	group criminal street gang membership described in subsection
156	(3) (2).
157	(b)  "Organized crime-related Gang-related incident" means
158	an incident where that, upon investigation, meets any of the
159	following conditions:
160	1.  The participants are identified as organized crime
161	group criminal street gang members or organized crime group
162	criminal street gang associates, acting, individually or
163	collectively, to further any criminal purpose of the organized
164	crime group gang; or
165	2.  The A reliable informant identifies an incident is
166	identified as organized crime group criminal street gang
167	activity by a reliable informant; or
168	3.  an informant of previously untested reliability who
169	identifies an incident as criminal street gang activity and it
170	is corroborated by independent information.
171	(6)  "Street gangs" are formal or informal ongoing
172	organizations, entities, associations, or groups consisting of
173	three or more persons with a common name or common identifying
174	signs, colors, or symbols and two or more members who,
175	individually or collectively, have as one of their primary
176	activities the commission of criminal or delinquent acts and
177	engage in or have engaged in a pattern of organized criminal
178	activity.
179	(7)  "Terrorist organization" means any organized crime
180	group engaged in or organized for the purpose of engaging in
181	terrorism as defined in s. 775.30. This definition shall not be
182	construed to prevent prosecution of individuals acting alone
183	under this chapter.
184	Section 4.  Section 874.04, Florida Statutes, is amended to
185	read:
186	874.04  Organized crime group criminal street gang
187	activity; enhanced penalties.--Upon a finding by the court at
188	sentencing that the defendant committed the charged offense for
189	the purpose of benefiting, promoting, or furthering the
190	interests of an organized crime group a criminal street gang,
191	the penalty for any felony or misdemeanor, or any delinquent act
192	or violation of law which would be a felony or misdemeanor if
193	committed by an adult, may be enhanced. Penalty enhancement
194	affects the applicable statutory maximum penalty only. Each of
195	the findings required as a basis for such sentence shall be
196	found beyond a reasonable doubt by a preponderance of the
197	evidence. The enhancement will be as follows:
198	(1)(a)  A misdemeanor of the second degree may be punished
199	as if it were a misdemeanor of the first degree.
200	(b)  A misdemeanor of the first degree may be punished as
201	if it were a felony of the third degree. For purposes of
202	sentencing under chapter 921 and determining incentive gain-time
203	eligibility under chapter 944, such offense is ranked in level 1
204	of the offense severity ranking chart. The organized crime group
205	criminal street gang multiplier in s. 921.0024 does not apply to
206	misdemeanors enhanced under this paragraph.
207	(2)(a)  A felony of the third degree may be punished as if
208	it were a felony of the second degree.
209	(b)  A felony of the second degree may be punished as if it
210	were a felony of the first degree.
211	(c)  A felony of the first degree may be punished as if it
212	were a life felony.
213
214	For purposes of sentencing under chapter 921 and determining
215	incentive gain-time eligibility under chapter 944, such felony
216	offense is ranked as provided in s. 921.0022 or s. 921.0023, and
217	without regard to the penalty enhancement in this subsection.
218	For purposes of this section, penalty enhancement affects the
219	applicable statutory maximum penalty only.
220	Section 5.  Section 874.045, Florida Statutes, is created
221	to read:
222	874.045  Arrest and prosecution under other
223	provisions.--Nothing in this chapter shall prohibit the arrest
224	and prosecution of an organized crime group member under chapter
225	876, chapter 895, chapter 896, s. 893.20, or any other
226	applicable provision of law except to the extent otherwise
227	prohibited pursuant to a statutory or constitutional provision.
228	Section 6.  Section 874.05, Florida Statutes, is amended to
229	read:
230	874.05  Causing, encouraging, soliciting, or recruiting
231	organized crime group criminal street gang membership.--
232	(1)  Except as provided in subsection (2), a person who
233	intentionally causes, encourages, solicits, or recruits another
234	person to become an organized crime group member where join a
235	criminal street gang that requires as a condition of membership
236	or continued membership is the commission of any crime commits a
237	felony of the third degree, punishable as provided in s.
238	775.082, s. 775.083, or s. 775.084.
239	(2)  A person who commits Upon a second or subsequent
240	violation offense, the person commits a felony of the second
241	degree, punishable as provided in s. 775.082, s. 775.083, or s.
242	775.084.
243	Section 7.  Section 874.08, Florida Statutes, is amended to
244	read:
245	874.08  Organized crime group activity and Profits,
246	proceeds, and instrumentalities of criminal street gangs or
247	criminal street gang recruitment; forfeiture.--All profits,
248	proceeds, and instrumentalities of organized crime group
249	criminal street gang activity and all property used or intended
250	or attempted to be used to facilitate the criminal activity of
251	any organized crime group criminal street gang or of any group
252	criminal street gang member; and all profits, proceeds, and
253	instrumentalities of organized crime group criminal street gang
254	recruitment and all property used or intended or attempted to be
255	used to facilitate organized crime group criminal street gang
256	recruitment are subject to seizure and forfeiture under the
257	Florida Contraband Forfeiture Act, s. 932.704.
258	Section 8.  Section 874.09, Florida Statutes, is amended to
259	read:
260	874.09  Crime data information.--
261	(1)  The Department of Law Enforcement may:
262	(a)  Develop and manage a statewide organized crime group
263	criminal street gang database to facilitate the exchange of
264	information pursuant to the intent and purpose of this chapter.
265	(b)  Notify all law enforcement agencies that reports of
266	arrested organized crime group members or associates shall be
267	entered into the database as soon as the minimum level of data
268	specified by the department is available to the reporting agency
269	and no waiting period for the entry of that data exists.
270	(c)  Compile and retain information regarding organized
271	crime groups and their members and associates in a manner that
272	allows the information to be used by law enforcement and other
273	agencies deemed appropriate for investigative purposes.
274	(d)  Compile and maintain a history data repository
275	relating to organized crime groups and their members and
276	associates in order to develop and improve techniques used by
277	law enforcement agencies and prosecutors in the investigation,
278	apprehension, and prosecution of members and affiliates of
279	organized crime groups.
280	(2)  Local law enforcement agencies may:
281	(a)  After carrying out any arrest of any individual who
282	they believe is a member or associate of an organized crime
283	group, create or update that individual's electronic file within
284	the database.
285	(b)  Notify the prosecutor of the accused individual's
286	suspected organized crime group membership or associate status.
287	Section 9.  Section 874.10, Florida Statutes, is created to
288	read:
289	874.10  Electronic communication.--Any person who, for the
290	purpose of benefiting, promoting, or furthering the interests of
291	an organized crime group, uses electronic communication to
292	intimidate or harass other persons, or to advertise his or her
293	presence in the community, including, but not limited to, such
294	activities as distributing, selling, transmitting, or posting on
295	the Internet any audio, video, or still image of criminal
296	activity commits a felony of the third degree, punishable as
297	provided in s. 775.082, s. 775.083, or s. 775.084.
298	Section 10.  Section 874.11, Florida Statutes, is created
299	to read:
300	874.11  Identification documents; unlawful possession or
301	creation.--
302	(1)  For purposes of this section, the term "identification
303	document" includes, but is not limited to, a social security
304	card or number, a birth certificate, a driver's license, an
305	identification card pursuant to s. 322.051, a naturalization
306	certificate, an alien registration number, a passport, and any
307	access credentials for a publicly operated facility or an
308	infrastructure facility covered under 18 U.S.C. s. 2332f.
309	(2)  Any person possessing or manufacturing any blank,
310	forged, stolen, fictitious, fraudulent, counterfeit, or
311	otherwise unlawfully issued identification document for the
312	purpose of benefiting, promoting, or furthering the interests of
313	an organized crime group commits a felony of the second degree,
314	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
315	Section 11.  Section 874.12, Florida Statutes, is created
316	to read:
317	874.12  Grants.--
318	(1)  The Department of Law Enforcement shall administer a
319	grant program to assist local efforts to prevent, detect, and
320	prosecute criminal activity committed by organized criminal
321	street gangs.
322	(2)  Grants shall be awarded to local consortia which must
323	include the state attorney, local law enforcement, and local
324	crime prevention organizations. Local crime prevention
325	organizations may include, but are not limited to, local
326	juvenile justice boards, local not-for-profit community service
327	organizations, and local school boards. Each consortium must
328	identify a single organization to serve as the primary point of
329	contact between the department and the local consortium.
330	Proposals must include the three components of enhanced law
331	enforcement, prosecution, and prevention in order to be eligible
332	for a grant award. Grants shall be awarded on a competitive
333	basis and shall be subject to a 50-percent local match that may
334	be provided in the form of in-kind services. Proposals shall be
335	evaluated based on the following:
336	(a)  The extent to which the three components of law
337	enforcement, prosecution, and prevention are appropriately
338	balanced and coordinated to reduce street-gang-related activity.
339	(b)  The amount of local match.
340	(c)  The extent to which resources are targeted to
341	neighborhoods or areas that are most at risk of street-gang-
342	related crime.
343	Section 12.  Section 874.13, Florida Statutes, is created
344	to read:
345	874.13  Suspension of driver's license.--
346	(1)  For purposes of this section:
347	(a)  "Department" means the Department of Highway Safety
348	and Motor Vehicles.
349	(b)  "Convicted" means a determination of guilt that is the
350	result of a trial or the entry of a plea of guilty or nolo
351	contendere, regardless of whether adjudication is withheld.
352	(2)  In addition to any other penalty provided by law, the
353	court shall order the suspension of the driver's license of each
354	person convicted or adjudicated delinquent of any offense
355	contained in this chapter and of any person whose penalty has
356	been enhanced pursuant to s. 874.04. Upon ordering the
357	suspension of the driver's license, the court shall forward the
358	driver's license to the department in accordance with s. 322.25.
359	(a)  The first suspension of a driver's license under this
360	section shall be for a period of 6 months.
361	(b)  A second or subsequent suspension of a driver's
362	license under this section shall be for 1 year.
363	(3)  A court that suspends a driver's license pursuant to
364	subsection (2) shall, if the person is sentenced to a term of
365	incarceration, direct the department to commence the suspension
366	of the person's driver's license upon the person's release from
367	incarceration.
368	Section 13.  Section 948.033, Florida Statutes, is created
369	to read:
370	948.033  Condition of probation or community control;
371	organized crime group.--Effective for a probationer or community
372	controllee whose crime was committed on or after July 1, 2007,
373	and who has been found to have committed the crime for the
374	purpose of benefiting, promoting, or furthering the interests of
375	an organized crime group, the court shall, in addition to any
376	other conditions imposed, impose a condition prohibiting the
377	probationer or community controllee from knowingly associating
378	with other organized crime group members or associates, except
379	as authorized by law enforcement officials, prosecutorial
380	authorities, or the court, for the purpose of aiding in the
381	investigation of organized crime group activity.
382	Section 14.  Section 947.18, Florida Statutes, is amended
383	to read:
384	947.18  Conditions of parole.--No person shall be placed on
385	parole merely as a reward for good conduct or efficient
386	performance of duties assigned in prison. No person shall be
387	placed on parole until and unless the commission finds that
388	there is reasonable probability that, if the person is placed on
389	parole, he or she will live and conduct himself or herself as a
390	respectable and law-abiding person and that the person's release
391	will be compatible with his or her own welfare and the welfare
392	of society. No person shall be placed on parole unless and until
393	the commission is satisfied that he or she will be suitably
394	employed in self-sustaining employment or that he or she will
395	not become a public charge. The commission shall determine the
396	terms upon which such person shall be granted parole. If the
397	person's conviction was for a controlled substance violation,
398	one of the conditions must be that the person submit to random
399	substance abuse testing intermittently throughout the term of
400	supervision, upon the direction of the correctional probation
401	officer as defined in s. 943.10(3). In addition to any other
402	lawful condition of parole, the commission may make the payment
403	of the debt due and owing to the state under s. 960.17 or the
404	payment of the attorney's fees and costs due and owing to the
405	state under s. 938.29 a condition of parole subject to
406	modification based on change of circumstances. If the person's
407	conviction was for a crime that was found to have been committed
408	for the purpose of benefiting, promoting, or furthering the
409	interests of an organized crime group, one of the conditions
410	must be that the person be prohibited from knowingly associating
411	with other organized crime group members or associates, except
412	as authorized by law enforcement officials, prosecutorial
413	authorities, or the court, for the purpose of aiding in the
414	investigation of organized crime group activity.
415	Section 15.  Subsection (11) is added to section 947.1405,
416	Florida Statutes, to read:
417	947.1405  Conditional release program.--
418	(11)  Effective for a releasee whose crime was committed on
419	or after July 1, 2007, and who has been found to have committed
420	the crime for the purpose of benefiting, promoting, or
421	furthering the interests of an organized crime group, the
422	commission shall, in addition to any other conditions imposed,
423	impose a condition prohibiting the releasee from knowingly
424	associating with other organized crime group members or
425	associates, except as authorized by law enforcement officials,
426	prosecutorial authorities, or the court, for the purpose of
427	aiding in the investigation of organized crime group activity.
428	Section 16.  Paragraph (nn) of subsection (2) of section
429	435.04, Florida Statutes, is amended to read:
430	435.04  Level 2 screening standards.--
431	(2)  The security background investigations under this
432	section must ensure that no persons subject to the provisions of
433	this section have been found guilty of, regardless of
434	adjudication, or entered a plea of nolo contendere or guilty to,
435	any offense prohibited under any of the following provisions of
436	the Florida Statutes or under any similar statute of another
437	jurisdiction:
438	(nn)  Section 874.05(1), relating to encouraging or
439	recruiting another to join an organized crime group a criminal
440	gang.
441	Section 17.  Paragraph (d) of subsection (2) of section
442	893.138, Florida Statutes, is amended to read:
443	893.138  Local administrative action to abate drug-related,
444	prostitution-related, or stolen-property-related public
445	nuisances and criminal street gang activity.--
446	(2)  Any place or premises that has been used:
447	(d)  By a criminal street gang for the purpose of
448	conducting a pattern of organized crime group criminal street
449	gang activity as defined by s. 874.03; or
450
451	may be declared to be a public nuisance, and such nuisance may
452	be abated pursuant to the procedures provided in this section.
453	Section 18.  Paragraph (a) of subsection (1) and subsection
454	(3) of section 895.02, Florida Statutes, are amended to read:
455	895.02  Definitions.--As used in ss. 895.01-895.08, the
456	term:
457	(1)  "Racketeering activity" means to commit, to attempt to
458	commit, to conspire to commit, or to solicit, coerce, or
459	intimidate another person to commit:
460	(a)  Any crime that is chargeable by indictment or
461	information under the following provisions of the Florida
462	Statutes:
463	1.  Section 210.18, relating to evasion of payment of
464	cigarette taxes.
465	2.  Section 403.727(3)(b), relating to environmental
466	control.
467	3.  Section 409.920 or s. 409.9201, relating to Medicaid
468	fraud.
469	4.  Section 414.39, relating to public assistance fraud.
470	5.  Section 440.105 or s. 440.106, relating to workers'
471	compensation.
472	6.  Section 443.071(4), relating to creation of a
473	fictitious employer scheme to commit unemployment compensation
474	fraud.
475	7.  Section 465.0161, relating to distribution of medicinal
476	drugs without a permit as an Internet pharmacy.
477	8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
478	499.0691, relating to crimes involving contraband and
479	adulterated drugs.
480	9.  Part IV of chapter 501, relating to telemarketing.
481	10.  Chapter 517, relating to sale of securities and
482	investor protection.
483	11.  Section 550.235, s. 550.3551, or s. 550.3605, relating
484	to dogracing and horseracing.
485	12.  Chapter 550, relating to jai alai frontons.
486	13.  Section 551.109, relating to slot machine gaming.
487	14.  Chapter 552, relating to the manufacture,
488	distribution, and use of explosives.
489	15.  Chapter 560, relating to money transmitters, if the
490	violation is punishable as a felony.
491	16.  Chapter 562, relating to beverage law enforcement.
492	17.  Section 624.401, relating to transacting insurance
493	without a certificate of authority, s. 624.437(4)(c)1., relating
494	to operating an unauthorized multiple-employer welfare
495	arrangement, or s. 626.902(1)(b), relating to representing or
496	aiding an unauthorized insurer.
497	18.  Section 655.50, relating to reports of currency
498	transactions, when such violation is punishable as a felony.
499	19.  Chapter 687, relating to interest and usurious
500	practices.
501	20.  Section 721.08, s. 721.09, or s. 721.13, relating to
502	real estate timeshare plans.
503	21.  Chapter 782, relating to homicide.
504	22.  Chapter 784, relating to assault and battery.
505	23.  Chapter 787, relating to kidnapping or human
506	trafficking.
507	24.  Chapter 790, relating to weapons and firearms.
508	25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
509	796.05, or s. 796.07, relating to prostitution and sex
510	trafficking.
511	26.  Chapter 806, relating to arson.
512	27.  Section 810.02(2)(c), relating to specified burglary
513	of a dwelling or structure.
514	28.  Chapter 812, relating to theft, robbery, and related
515	crimes.
516	29.  Chapter 815, relating to computer-related crimes.
517	30.  Chapter 817, relating to fraudulent practices, false
518	pretenses, fraud generally, and credit card crimes.
519	31.  Chapter 825, relating to abuse, neglect, or
520	exploitation of an elderly person or disabled adult.
521	32.  Section 827.071, relating to commercial sexual
522	exploitation of children.
523	33.  Chapter 831, relating to forgery and counterfeiting.
524	34.  Chapter 832, relating to issuance of worthless checks
525	and drafts.
526	35.  Section 836.05, relating to extortion.
527	36.  Chapter 837, relating to perjury.
528	37.  Chapter 838, relating to bribery and misuse of public
529	office.
530	38.  Chapter 843, relating to obstruction of justice.
531	39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
532	s. 847.07, relating to obscene literature and profanity.
533	40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
534	849.25, relating to gambling.
535	41.  Chapter 874, relating to organized crime groups
536	criminal street gangs.
537	42.  Chapter 893, relating to drug abuse prevention and
538	control.
539	43.  Chapter 896, relating to offenses related to financial
540	transactions.
541	44.  Sections 914.22 and 914.23, relating to tampering with
542	a witness, victim, or informant, and retaliation against a
543	witness, victim, or informant.
544	45.  Sections 918.12 and 918.13, relating to tampering with
545	jurors and evidence.
546	(3)  "Enterprise" means any individual, sole
547	proprietorship, partnership, corporation, business trust, union
548	chartered under the laws of this state, or other legal entity,
549	or any unchartered union, association, or group of individuals
550	associated in fact although not a legal entity; and it includes
551	illicit as well as licit enterprises and governmental, as well
552	as other, entities. An organized crime group A criminal street
553	gang, as defined in s. 874.03, constitutes an enterprise.
554	Section 19.  Paragraphs (d) and (e) of subsection (3) of
555	section 921.0022, Florida Statutes, are amended to read:
556	921.0022  Criminal Punishment Code; offense severity
557	ranking chart.--
558	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
559
	(d)  LEVEL 4
560
	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.
561
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
562
	499.0051(2) 3rd Failure to authenticate pedigree papers.
563
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
564
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
565
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
566
	784.075 3rd Battery on detention or commitment facility staff.
567
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
568
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
569
	784.081(3) 3rd Battery on specified official or employee.
570
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
571
	784.083(3) 3rd Battery on code inspector.
572
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
573
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
574
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
575
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
576
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
577
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
578
	790.115(2)(c) 3rd Possessing firearm on school property.
579
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
580
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
581
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
582
	810.06 3rd Burglary; possession of tools.
583
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
584
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
585
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
586
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
587
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
588
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
589
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
590
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
591
	837.02(1) 3rd Perjury in official proceedings.
592
	837.021(1) 3rd Make contradictory statements in official proceedings.
593
	838.022 3rd Official misconduct.
594
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
595
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
596
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
597
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
598
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
599
	874.05(1) 3rd Encouraging or recruiting another to join an organized crime group a criminal street gang.
600
	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).
601
	914.14(2) 3rd Witnesses accepting bribes.
602
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
603
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
604
	918.12 3rd Tampering with jurors.
605
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
606
	(e)  LEVEL 5
607
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
608
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
609
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
610
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
611
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
612
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
613
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
614
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
615
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
616
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
617
	790.01(2) 3rd Carrying a concealed firearm.
618
	790.162 2nd Threat to throw or discharge destructive device.
619
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
620
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
621
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
622
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
623
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
624
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
625
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
626
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
627
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
628
	812.131(2)(b) 3rd Robbery by sudden snatching.
629
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
630
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
631
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
632
	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.
633
	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.
634
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
635
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
636
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
637
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
638
	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.
639
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
640
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
641
	847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
642
	874.05(2) 2nd Encouraging or recruiting another to join an organized crime group a criminal street gang; second or subsequent offense.
643
	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).
644
	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.
645
	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.
646
	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.
647
	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.
648
	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).
649
650	Section 20.  Subsection (1) of section 921.0024, Florida
651	Statutes, is amended to read:
652	921.0024  Criminal Punishment Code; worksheet computations;
653	scoresheets.--
654	(1)(a)  The Criminal Punishment Code worksheet is used to
655	compute the subtotal and total sentence points as follows:
656
657	FLORIDA CRIMINAL PUNISHMENT CODE
658	WORKSHEET
659
660	OFFENSE SCORE
661
662	Primary Offense
663
	Level Sentence Points Total
664
	10 116 = _____
665
	9 92 = _____
666
	8 74 = _____
667
	7 56 = _____
668
	6 36 = _____
669
	5 28 = _____
670
	4 22 = _____
671
	3 16 = _____
672
	2 10 = _____
673
	1 4 = _____
674
675
	Total ________
676
677	Additional Offenses
678
	Level Sentence Points Counts Total
679
	10 58 x _____ = _____
680
	9 46 x _____ = _____
681
	8 37 x _____ = _____
682
	7 28 x _____ = _____
683
	6 18 x _____ = _____
684
	5 5.4 x _____ = _____
685
	4 3.6 x _____ = _____
686
	3 2.4 x _____ = _____
687
	2 1.2 x _____ = _____
688
	1 0.7 x _____ = _____
689
	M 0.2 x _____ = _____
690
691
	Total ______
692
693	Victim Injury
694
	Level Sentence Points Number Total
695
	2nd degree   murder-  death 240 x _____ = _____
696
	Death 120 x _____ = _____
697
	Severe 40 x _____ = _____
698
	Moderate 18 x _____ = _____
699
	Slight 4 x _____ = _____
700
	Sexual  penetration 80 x _____ = _____
701
	Sexual contact 40 x _____ = _____
702
703
	Total ______
704
705	Primary Offense + Additional Offenses + Victim Injury =
706	TOTAL OFFENSE SCORE
707
708	PRIOR RECORD SCORE
709
710	Prior Record
711
	Level Sentence Points Number Total
712
	10 29 x _____ = _____
713
	9 23 x _____ = _____
714
	8 19 x _____ = _____
715
	7 14 x _____ = _____
716
	6 9 x _____ = _____
717
	5 3.6 x _____ = _____
718
	4 2.4 x _____ = _____
719
	3 1.6 x _____ = _____
720
	2 0.8 x _____ = _____
721
	1 0.5 x _____ = _____
722
	M 0.2 x _____ = _____
723
724
	Total ______
725
726	TOTAL OFFENSE SCORE_______________________________________
727	TOTAL PRIOR RECORD SCORE_______________________________
728
729	LEGAL STATUS___________________________________________
730	COMMUNITY SANCTION VIOLATION___________________________
731	PRIOR SERIOUS FELONY___________________________________
732	PRIOR CAPITAL FELONY___________________________________
733	FIREARM OR SEMIAUTOMATIC WEAPON________________________
734	SUBTOTAL__________
735
736	PRISON RELEASEE REOFFENDER (no)(yes)__________________
737	VIOLENT CAREER CRIMINAL (no)(yes)_____________________
738	HABITUAL VIOLENT OFFENDER (no)(yes)___________________
739	HABITUAL OFFENDER (no)(yes)___________________________
740	DRUG TRAFFICKER (no)(yes) (x multiplier)______________
741	LAW ENF. PROTECT. (no)(yes) (x multiplier)____________
742	MOTOR VEHICLE THEFT (no)(yes) (x multiplier)__________
743	ORGANIZED CRIME GROUP CRIMINAL STREET GANG OFFENSE (no)(yes)
744	(x multiplier)___________________________________________
745	DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
746	(x multiplier)___________________________________________
747
748	TOTAL SENTENCE POINTS___________
749
750	(b)  WORKSHEET KEY:
751
752	Legal status points are assessed when any form of legal status
753	existed at the time the offender committed an offense before the
754	court for sentencing. Four (4) sentence points are assessed for
755	an offender's legal status.
756
757	Community sanction violation points are assessed when a
758	community sanction violation is before the court for sentencing.
759	Six (6) sentence points are assessed for each community sanction
760	violation, and each successive community sanction violation;
761	however, if the community sanction violation includes a new
762	felony conviction before the sentencing court, twelve (12)
763	community sanction violation points are assessed for such
764	violation, and for each successive community sanction violation
765	involving a new felony conviction. Multiple counts of community
766	sanction violations before the sentencing court shall not be a
767	basis for multiplying the assessment of community sanction
768	violation points.
769
770	Prior serious felony points: If the offender has a primary
771	offense or any additional offense ranked in level 8, level 9, or
772	level 10, and one or more prior serious felonies, a single
773	assessment of 30 points shall be added. For purposes of this
774	section, a prior serious felony is an offense in the offender's
775	prior record that is ranked in level 8, level 9, or level 10
776	under s. 921.0022 or s. 921.0023 and for which the offender is
777	serving a sentence of confinement, supervision, or other
778	sanction or for which the offender's date of release from
779	confinement, supervision, or other sanction, whichever is later,
780	is within 3 years before the date the primary offense or any
781	additional offense was committed.
782
783	Prior capital felony points: If the offender has one or more
784	prior capital felonies in the offender's criminal record, points
785	shall be added to the subtotal sentence points of the offender
786	equal to twice the number of points the offender receives for
787	the primary offense and any additional offense. A prior capital
788	felony in the offender's criminal record is a previous capital
789	felony offense for which the offender has entered a plea of nolo
790	contendere or guilty or has been found guilty; or a felony in
791	another jurisdiction which is a capital felony in that
792	jurisdiction, or would be a capital felony if the offense were
793	committed in this state.
794
795	Possession of a firearm, semiautomatic firearm, or machine gun:
796	If the offender is convicted of committing or attempting to
797	commit any felony other than those enumerated in s. 775.087(2)
798	while having in his or her possession: a firearm as defined in
799	s. 790.001(6), an additional 18 sentence points are assessed; or
800	if the offender is convicted of committing or attempting to
801	commit any felony other than those enumerated in s. 775.087(3)
802	while having in his or her possession a semiautomatic firearm as
803	defined in s. 775.087(3) or a machine gun as defined in s.
804	790.001(9), an additional 25 sentence points are assessed.
805
806	Sentencing multipliers:
807
808	Drug trafficking: If the primary offense is drug trafficking
809	under s. 893.135, the subtotal sentence points are multiplied,
810	at the discretion of the court, for a level 7 or level 8
811	offense, by 1.5. The state attorney may move the sentencing
812	court to reduce or suspend the sentence of a person convicted of
813	a level 7 or level 8 offense, if the offender provides
814	substantial assistance as described in s. 893.135(4).
815
816	Law enforcement protection: If the primary offense is a
817	violation of the Law Enforcement Protection Act under s.
818	775.0823(2), the subtotal sentence points are multiplied by 2.5.
819	If the primary offense is a violation of s. 775.0823(3), (4),
820	(5), (6), (7), or (8), the subtotal sentence points are
821	multiplied by 2.0. If the primary offense is a violation of s.
822	784.07(3) or s. 775.0875(1), or of the Law Enforcement
823	Protection Act under s. 775.0823(9) or (10), the subtotal
824	sentence points are multiplied by 1.5.
825
826	Grand theft of a motor vehicle: If the primary offense is grand
827	theft of the third degree involving a motor vehicle and in the
828	offender's prior record, there are three or more grand thefts of
829	the third degree involving a motor vehicle, the subtotal
830	sentence points are multiplied by 1.5.
831
832	Offense related to an organized crime group a criminal street
833	gang: If the offender is convicted of the primary offense and
834	committed that offense for the purpose of benefiting, promoting,
835	or furthering the interests of an organized crime group a
836	criminal street gang as prohibited under s. 874.04, the subtotal
837	sentence points are multiplied by 1.5.
838
839	Domestic violence in the presence of a child: If the offender is
840	convicted of the primary offense and the primary offense is a
841	crime of domestic violence, as defined in s. 741.28, which was
842	committed in the presence of a child under 16 years of age who
843	is a family or household member as defined in s. 741.28(3) with
844	the victim or perpetrator, the subtotal sentence points are
845	multiplied by 1.5.
846	Section 21.  Paragraph (n) of subsection (5) of section
847	921.141, Florida Statutes, is amended to read:
848	921.141  Sentence of death or life imprisonment for capital
849	felonies; further proceedings to determine sentence.--
850	(5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
851	shall be limited to the following:
852	(n)  The capital felony was committed by an organized crime
853	group a criminal street gang member, as defined in s. 874.03.
854	Section 22.  Subsection (30) of section 984.03, Florida
855	Statutes, is amended to read:
856	984.03  Definitions.--When used in this chapter, the term:
857	(30)  "Juvenile justice continuum" includes, but is not
858	limited to, delinquency prevention programs and services
859	designed for the purpose of preventing or reducing delinquent
860	acts, including criminal activity by organized crime groups
861	youth gangs and juvenile arrests, as well as programs and
862	services targeted at children who have committed delinquent
863	acts, and children who have previously been committed to
864	residential treatment programs for delinquents. The term
865	includes children-in-need-of-services and families-in-need-of-
866	services programs; conditional release; substance abuse and
867	mental health programs; educational and vocational programs;
868	recreational programs; community services programs; community
869	service work programs; and alternative dispute resolution
870	programs serving children at risk of delinquency and their
871	families, whether offered or delivered by state or local
872	governmental entities, public or private for-profit or not-for-
873	profit organizations, or religious or charitable organizations.
874	Section 23.  Paragraph (c) of subsection (15) and
875	subsection (29) of section 985.03, Florida Statutes, are amended
876	to read:
877	985.03  Definitions.--As used in this chapter, the term:
878	(15)
879	(c)  "Delinquency prevention programs" means programs
880	designed for the purpose of reducing the occurrence of
881	delinquency, including organized crime group youth and street
882	gang activity, and juvenile arrests. The term excludes
883	arbitration, diversionary or mediation programs, and community
884	service work or other treatment available subsequent to a child
885	committing a delinquent act.
886	(29)  "Juvenile justice continuum" includes, but is not
887	limited to, delinquency prevention programs and services
888	designed for the purpose of preventing or reducing delinquent
889	acts, including criminal activity by organized crime groups
890	youth gangs, and juvenile arrests, as well as programs and
891	services targeted at children who have committed delinquent
892	acts, and children who have previously been committed to
893	residential treatment programs for delinquents. The term
894	includes children-in-need-of-services and families-in-need-of-
895	services programs; conditional release; substance abuse and
896	mental health programs; educational and career programs;
897	recreational programs; community services programs; community
898	service work programs; and alternative dispute resolution
899	programs serving children at risk of delinquency and their
900	families, whether offered or delivered by state or local
901	governmental entities, public or private for-profit or not-for-
902	profit organizations, or religious or charitable organizations.
903	Section 24.  Paragraph (c) of subsection (1) of section
904	985.047, Florida Statutes, is amended to read:
905	985.047  Information systems.--
906	(1)
907	(c)  As used in this section, "a juvenile who is at risk of
908	becoming a serious habitual juvenile offender" means a juvenile
909	who has been adjudicated delinquent and who meets one or more of
910	the following criteria:
911	1.  Is arrested for a capital, life, or first degree felony
912	offense or sexual battery.
913	2.  Has five or more arrests, at least three of which are
914	for felony offenses. Three of such arrests must have occurred
915	within the preceding 12-month period.
916	3.  Has 10 or more arrests, at least 2 of which are for
917	felony offenses. Three of such arrests must have occurred within
918	the preceding 12-month period.
919	4.  Has four or more arrests, at least one of which is for
920	a felony offense and occurred within the preceding 12-month
921	period.
922	5.  Has 10 or more arrests, at least 8 of which are for any
923	of the following offenses:
924	a.  Petit theft;
925	b.  Misdemeanor assault;
926	c.  Possession of a controlled substance;
927	d.  Weapon or firearm violation; or
928	e.  Substance abuse.
929
930	Four of such arrests must have occurred within the preceding 12-
931	month period.
932	6.  Meets at least one of the criteria for organized crime
933	group youth and street gang membership.
934	Section 25.  Paragraph (a) of subsection (6) and subsection
935	(7) of section 985.433, Florida Statutes, are amended to read:
936	985.433  Disposition hearings in delinquency cases.--When a
937	child has been found to have committed a delinquent act, the
938	following procedures shall be applicable to the disposition of
939	the case:
940	(6)  The first determination to be made by the court is a
941	determination of the suitability or nonsuitability for
942	adjudication and commitment of the child to the department. This
943	determination shall include consideration of the recommendations
944	of the department, which may include a predisposition report.
945	The predisposition report shall include, whether as part of the
946	child's multidisciplinary assessment, classification, and
947	placement process components or separately, evaluation of the
948	following criteria:
949	(a)  The seriousness of the offense to the community. If
950	the court determines under chapter 874 that the child was a
951	member of an organized crime group a criminal street gang at the
952	time of the commission of the offense, the seriousness of the
953	offense to the community shall be given great weight.
954
955	It is the intent of the Legislature that the criteria set forth
956	in this subsection are general guidelines to be followed at the
957	discretion of the court and not mandatory requirements of
958	procedure. It is not the intent of the Legislature to provide
959	for the appeal of the disposition made under this section.
960	(7)  If the court determines that the child should be
961	adjudicated as having committed a delinquent act and should be
962	committed to the department, such determination shall be in
963	writing or on the record of the hearing. The determination shall
964	include a specific finding of the reasons for the decision to
965	adjudicate and to commit the child to the department, including
966	any determination that the child was a member of an organized
967	crime group a criminal street gang.
968	(a)  The juvenile probation officer shall recommend to the
969	court the most appropriate placement and treatment plan,
970	specifically identifying the restrictiveness level most
971	appropriate for the child. If the court has determined that the
972	child was a member of an organized crime group a criminal street
973	gang, that determination shall be given great weight in
974	identifying the most appropriate restrictiveness level for the
975	child. The court shall consider the department's recommendation
976	in making its commitment decision.
977	(b)  The court shall commit the child to the department at
978	the restrictiveness level identified or may order placement at a
979	different restrictiveness level. The court shall state for the
980	record the reasons that establish by a preponderance of the
981	evidence why the court is disregarding the assessment of the
982	child and the restrictiveness level recommended by the
983	department. Any party may appeal the court's findings resulting
984	in a modified level of restrictiveness under this paragraph.
985	(c)  The court may also require that the child be placed in
986	a probation program following the child's discharge from
987	commitment. Community-based sanctions under subsection (8) may
988	be imposed by the court at the disposition hearing or at any
989	time prior to the child's release from commitment.
990	Section 26.  The Division of Statutory Revision is directed
991	to redesignate the title of chapter 874, Florida Statutes, as
992	"Organized Criminal Activity Enforcement and Prevention."
993	Section 27.  This act shall take effect July 1, 2007.

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