September 19, 2019
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_h1877c2
HB 1877CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to sexual predators and sexual offenders;
7providing a popular name; amending s. 216.136, F.S.;
8assigning an additional responsibility to the Criminal
9Justice Estimating Conference; amending s. 775.082, F.S.;
10requiring lifetime electronic monitoring for certain
11offenders; creating s. 775.0821, F.S.; creating a felony
12offense for removing, altering, or failing to maintain an
13electronic monitoring device for the purpose of committing
14a crime; providing criminal penalties; amending s. 775.21,
15F.S.; revising criteria for sexual predator designation;
16requiring certain notification of sentence to lifetime
17electronic monitoring; extending period for petition to
18remove sexual predator designation; creating s. 775.235,
19F.S.; prohibiting the harboring of a sexual predator or
20sexual offender; providing criminal penalties; amending s.
21921.0022, F.S.; revising ranking for certain offenses
22involving sexual predators and sexual offenders failing to
23comply with registration requirements; ranking offenses
24involving sexual predators and sexual offenders failing to
25comply with registration and other requirements; amending
26s. 921.141, F.S.; creating an aggravating circumstance
27pertaining to sexual predators for purposes of imposing
28the death penalty; amending s. 943.043, F.S.; requiring
29the Department of Corrections to share information with
30local law enforcement agencies to assist in determining
31the potential whereabouts of registered sexual predators
32and sexual offenders; amending s. 944.606, F.S.; requiring
33the Department of Corrections to provide information
34regarding electronic monitoring to the Department of Law
35Enforcement; amending s. 944.607, F.S.; requiring sexual
36offenders sentenced to electronic monitoring to provide
37such information to the Department of Corrections and for
38such department to provide that information to the
39Department of Law Enforcement; amending s. 947.1405, F.S.;
40requiring sexual offenders and sexual predators on
41conditional release to be placed on electronic monitoring;
42requiring the Parole Commission to order sexual offenders
43and sexual predators on conditional release to be returned
44to prison until expiration of sentence for any material
45violation of supervision; creating s. 947.1406, F.S.;
46providing requirements for electronic monitoring of sexual
47offenders and sexual predators on conditional release;
48amending s. 948.06, F.S.; requiring electronic monitoring
49for any violation of probation or community control
50supervision by certain offenders and sexual predators;
51creating s. 948.061, F.S.; requiring the Department of
52Corrections to develop a risk assessment and alert system
53to monitor certain offenders placed on probation or
54community control; authorizing the department to adopt
55rules; requiring the department to have fingerprint-
56reading equipment and capability by a specified date;
57amending s. 948.11, F.S.; providing requirements for
58electronic monitoring of sexual offenders and sexual
59predators on community control or probation; amending s.
60948.30, F.S.; requiring sexual offenders and sexual
61predators on community control or probation to be placed
62on electronic monitoring; providing for severability;
63providing an effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  This act may be cited as the "Jessica Lunsford
68Act."
69     Section 2.  Paragraph (a) of subsection (5) of section
70216.136, Florida Statutes, is amended to read:
71     216.136  Consensus estimating conferences; duties and
72principals.--
73     (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
74     (a)  Duties.--The Criminal Justice Estimating Conference
75shall:
76     1.  Develop such official information relating to the
77criminal justice system, including forecasts of prison
78admissions and population and of supervised felony offender
79admissions and population, as the conference determines is
80needed for the state planning and budgeting system.
81     2.  Develop such official information relating to the
82number of eligible discharges and the projected number of civil
83commitments for determining space needs pursuant to the civil
84proceedings provided under part V of chapter 394.
85     3.  Develop official information relating to the number of
86sexual offenders and sexual predators who are required by law to
87be placed on community control, probation, or conditional
88release who are subject to electronic monitoring.
89     Section 3.  Subsection (10) of section 775.082, Florida
90Statutes, is renumbered as subsection (11), and a new subsection
91(10) is added to said section, to read:
92     775.082  Penalties; applicability of sentencing structures;
93mandatory minimum sentences for certain reoffenders previously
94released from prison.--
95     (10)(a)  Any defendant convicted of any of the following
96offenses shall, in addition to any other penalty provided by
97law, be subject to electronic monitoring supervised by the
98Department of Corrections for the remainder of his or her
99natural life:
100     1.  Section 787.01(3), relating to kidnapping a child under
101age 13.
102     2.  Section 787.02(3), relating to false imprisonment of a
103child under age 13.
104     3.  Section 787.025, relating to luring or enticing a
105child.
106     4.  Section 794.011(2), (3), (4), or (8), relating to
107sexual battery.
108     5.  Section 800.04(4), relating to lewd or lascivious
109battery.
110     (b)  Any defendant convicted of the following offenses:
111     1.  Section 800.04(5), relating to lewd or lascivious
112molestation;
113     2.  Section 787.01(3), relating to kidnapping;
114     3.  Section 794.011(5), relating to sexual battery; or
115     4.  Section 825.1025(2), relating to lewd or lascivious
116battery on an elderly person,
117
118shall, in addition to any other penalty provided by law, be
119subject to electronic monitoring supervised by the Department of
120Corrections for the remainder of the defendant's natural life if
121the court determines that the defendant has been previously
122convicted for any violation of s. 800.04, s. 794.011, s. 787.01,
123s. 787.02, s. 787.025, or s. 825.1025, or any burglary of a
124dwelling under s. 810.02.
125     (c)  The lifetime electronic monitoring required for
126offenders meeting the criteria of this subsection shall be in
127addition to any other provision of sentencing ordered by the
128court. The electronic monitoring shall commence upon expiration
129of the defendant's sentence of imprisonment, or after the
130period, if any, of probation, community control, or conditional
131release supervision, whichever occurs later. The Department of
132Corrections shall use a system of active electronic monitoring
133that identifies the location of a monitored offender and that
134can produce, upon request, reports or records of the offender's
135presence near or within a crime scene or prohibited area or the
136offender's departure from a specified geographic location. The
137requirements of this subsection apply to all eligible defendants
138whose crimes occurred on or after July 1, 2005. For purposes of
139this subsection, the term "conviction" has the same meaning as
140provided in s. 921.0021.
141     Section 4.  Section 775.0821, Florida Statutes, is created
142to read:
143     775.0821  Tampering with or removal of lifetime electronic
144monitoring device.--
145     (1)  Any person subject to lifetime electronic monitoring
146under s. 775.082 who, for the purpose of facilitating the
147commission of a crime, removes, defaces, alters, destroys, or
148fails to maintain the electronic monitoring device in working
149order commits a felony of the first degree, punishable as
150provided in s. 775.082 or s. 775.083.
151     (2)  Any person subject to lifetime electronic monitoring
152under s. 775.082 must follow instructions provided by the
153Department of Corrections or the electronic monitoring device
154manufacturer to maintain the electronic monitoring device in
155working order. Incidental damage or defacement of the electronic
156monitoring device must be reported to the Department of
157Corrections within 2 hours. Failure to comply with the reporting
158requirement of this subsection is a felony of the third degree,
159punishable as provided in s. 775.082 or s. 775.083.
160     Section 5.  Paragraph (b) of subsection (4) and paragraphs
161(a), (b), and (l) of subsection (6) of section 775.21, Florida
162Statutes, are amended to read:
163     775.21  The Florida Sexual Predators Act.--
164     (4)  SEXUAL PREDATOR CRITERIA.--
165     (b)  In order to be counted as a prior felony for purposes
166of this subsection, the felony must have resulted in a
167conviction sentenced separately, or an adjudication of
168delinquency for an offense committed entered separately, prior
169to the current offense and sentenced or adjudicated separately
170from any other felony conviction that is to be counted as a
171prior felony. If the offender's prior enumerated felony was
172committed more than 10 years before the primary offense, it
173shall not be considered a prior felony under this subsection if
174the offender has not been convicted of any other crime for a
175period of 10 consecutive years from the most recent date of
176release from confinement, supervision, or sanction, whichever is
177later.
178     (6)  REGISTRATION.--
179     (a)  A sexual predator must register with the department by
180providing the following information to the department:
181     1.  Name, social security number, age, race, sex, date of
182birth, height, weight, hair and eye color, photograph, address
183of legal residence and address of any current temporary
184residence, within the state or out of state, including a rural
185route address and a post office box, date and place of any
186employment, date and place of each conviction, fingerprints, and
187a brief description of the crime or crimes committed by the
188offender. In addition, any sexual predator sentenced to lifetime
189electronic monitoring under s. 775.082(10) must provide that
190information to the department. A post office box shall not be
191provided in lieu of a physical residential address.
192     a.  If the sexual predator's place of residence is a motor
193vehicle, trailer, mobile home, or manufactured home, as defined
194in chapter 320, the sexual predator shall also provide to the
195department written notice of the vehicle identification number;
196the license tag number; the registration number; and a
197description, including color scheme, of the motor vehicle,
198trailer, mobile home, or manufactured home. If a sexual
199predator's place of residence is a vessel, live-aboard vessel,
200or houseboat, as defined in chapter 327, the sexual predator
201shall also provide to the department written notice of the hull
202identification number; the manufacturer's serial number; the
203name of the vessel, live-aboard vessel, or houseboat; the
204registration number; and a description, including color scheme,
205of the vessel, live-aboard vessel, or houseboat.
206     b.  If the sexual predator is enrolled, employed, or
207carrying on a vocation at an institution of higher education in
208this state, the sexual predator shall also provide to the
209department the name, address, and county of each institution,
210including each campus attended, and the sexual predator's
211enrollment or employment status. Each change in enrollment or
212employment status shall be reported in person at the sheriff's
213office, or the Department of Corrections if the sexual predator
214is in the custody or control of or under the supervision of the
215Department of Corrections, within 48 hours after any change in
216status. The sheriff or the Department of Corrections shall
217promptly notify each institution of the sexual predator's
218presence and any change in the sexual predator's enrollment or
219employment status.
220     2.  Any other information determined necessary by the
221department, including criminal and corrections records;
222nonprivileged personnel and treatment records; and evidentiary
223genetic markers when available.
224     (b)  If the sexual predator is in the custody or control
225of, or under the supervision of, the Department of Corrections,
226or is in the custody of a private correctional facility, the
227sexual predator must register with the Department of
228Corrections. The Department of Corrections shall provide to the
229department registration information and the location of, and
230local telephone number for, any Department of Corrections office
231that is responsible for supervising the sexual predator. In
232addition, The Department of Corrections shall also notify the
233department if the sexual predator escapes or absconds from
234custody or supervision or if the sexual predator dies. In
235addition, for any sexual predator sentenced to lifetime
236electronic monitoring under s. 775.082(10), the Department of
237Corrections must provide that information to the department.
238     (l)  A sexual predator must maintain registration with the
239department for the duration of his or her life, unless the
240sexual predator has received a full pardon or has had a
241conviction set aside in a postconviction proceeding for any
242offense that met the criteria for the sexual predator
243designation. However, a sexual predator who was designated as a
244sexual predator by a court before October 1, 1998, and who has
245been lawfully released from confinement, supervision, or
246sanction, whichever is later, for at least 10 years and has not
247been arrested for any felony or misdemeanor offense since
248release, may petition the criminal division of the circuit court
249in the circuit in which the sexual predator resides for the
250purpose of removing the sexual predator designation. A sexual
251predator who was designated a sexual predator by a court on or
252after October 1, 1998, who has been lawfully released from
253confinement, supervision, or sanction, whichever is later, for
254at least 20 years, and who has not been arrested for any felony
255or misdemeanor offense since release may petition the criminal
256division of the circuit court in the circuit in which the sexual
257predator resides for the purpose of removing the sexual predator
258designation. A sexual predator who was designated a sexual
259predator by a court on or after October 1, 2005, who has been
260lawfully released from confinement, supervision, or sanction,
261whichever is later, for at least 30 years and who has not been
262arrested for any felony or misdemeanor offense since release may
263petition the criminal division of the circuit court in the
264circuit in which the sexual predator resides for the purpose of
265removing the sexual predator designation. The court may grant or
266deny such relief if the petitioner demonstrates to the court
267that he or she has not been arrested for any crime since
268release, the requested relief complies with the provisions of
269the federal Jacob Wetterling Act, as amended, and any other
270federal standards applicable to the removal of the designation
271as a sexual predator or required to be met as a condition for
272the receipt of federal funds by the state, and the court is
273otherwise satisfied that the petitioner is not a current or
274potential threat to public safety. The state attorney in the
275circuit in which the petition is filed must be given notice of
276the petition at least 3 weeks before the hearing on the matter.
277The state attorney may present evidence in opposition to the
278requested relief or may otherwise demonstrate the reasons why
279the petition should be denied. If the court denies the petition,
280the court may set a future date at which the sexual predator may
281again petition the court for relief, subject to the standards
282for relief provided in this paragraph. Unless specified in the
283order, a sexual predator who is granted relief under this
284paragraph must comply with the requirements for registration as
285a sexual offender and other requirements provided under s.
286943.0435 or s. 944.607. If a petitioner obtains an order from
287the court that imposed the order designating the petitioner as a
288sexual predator which removes such designation, the petitioner
289shall forward a certified copy of the written findings or order
290to the department in order to have the sexual predator
291designation removed from the sexual predator registry.
292
293The sheriff shall promptly provide to the department the
294information received from the sexual predator.
295     Section 6.  Section 775.235, Florida Statutes, is created
296to read:
297     775.235  Harboring sexual predator or sexual offender.--Any
298person who permits a sexual predator or sexual offender to
299reside with that person knowing that the sexual predator or
300sexual offender has failed to comply with requirements of s.
301775.21, s. 943.0435, or s. 944.607 commits a felony of the third
302degree, punishable as provided in s. 775.082 or s. 775.083.
303     Section 7.  Paragraphs (f) and (g) of subsection (3) of
304section 921.0022, Florida Statutes, are amended to read:
305     921.0022  Criminal Punishment Code; offense severity
306ranking chart.--
307     (3)  OFFENSE SEVERITY RANKING CHART
308
 
FloridaStatuteFelonyDegreeDescription
309
 


(f)  LEVEL 6
310
 
316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.
311
 
499.0051(3)2ndForgery of pedigree papers.
312
 
499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.
313
 
499.0051(5)2ndSale of legend drug to unauthorized person.
314
 
775.0875(1)3rdTaking firearm from law enforcement officer.
315
 
775.21(10)3rdSexual predators; failure to register; failure to renew driver's license or identification card.
316
 
784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.
317
 
784.021(1)(b)3rdAggravated assault; intent to commit felony.
318
 
784.0413rdFelony battery.
319
 
784.048(3)3rdAggravated stalking; credible threat.
320
 
784.048(5)3rdAggravated stalking of person under 16.
321
 
784.07(2)(c)2ndAggravated assault on law enforcement officer.
322
 
784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.
323
 
784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.
324
 
784.081(2)2ndAggravated assault on specified official or employee.
325
 
784.082(2)2ndAggravated assault by detained person on visitor or other detainee.
326
 
784.083(2)2ndAggravated assault on code inspector.
327
 
787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
328
 
790.115(2)(d)2ndDischarging firearm or weapon on school property.
329
 
790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
330
 
790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
331
 
790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
332
 
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
333
 
794.05(1)2ndUnlawful sexual activity with specified minor.
334
 
800.04(5)(d)3rdLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
335
 
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
336
 
806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.
337
 
810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.
338
 
812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
339
 
812.015(9)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
340
 
812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).
341
 
817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.
342
 
817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
343
 
825.102(1)3rdAbuse of an elderly person or disabled adult.
344
 
825.102(3)(c)3rdNeglect of an elderly person or disabled adult.
345
 
825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.
346
 
825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
347
 
827.03(1)3rdAbuse of a child.
348
 
827.03(3)(c)3rdNeglect of a child.
349
 
827.071(2) & (3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
350
 
836.052ndThreats; extortion.
351
 
836.102ndWritten threats to kill or do bodily injury.
352
 
843.123rdAids or assists person to escape.
353
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
354
 
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
355
 
943.0435(9)3rdSex offenders; failure to comply with reporting requirements.
356
 
944.35(3)(a)2.3rdCommitting malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
357
 
944.402ndEscapes.
358
 
944.463rdHarboring, concealing, aiding escaped prisoners.
359
 
944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
360
 
951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.
361
 


(g)  LEVEL 7
362
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
363
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
364
 
316.1935(3)(b)1stCausing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
365
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
366
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
367
 
409.920(2)3rdMedicaid provider fraud.
368
 
456.065(2)3rdPracticing a health care profession without a license.
369
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
370
 
458.327(1)3rdPracticing medicine without a license.
371
 
459.013(1)3rdPracticing osteopathic medicine without a license.
372
 
460.411(1)3rdPracticing chiropractic medicine without a license.
373
 
461.012(1)3rdPracticing podiatric medicine without a license.
374
 
462.173rdPracticing naturopathy without a license.
375
 
463.015(1)3rdPracticing optometry without a license.
376
 
464.016(1)3rdPracticing nursing without a license.
377
 
465.015(2)3rdPracticing pharmacy without a license.
378
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
379
 
467.2013rdPracticing midwifery without a license.
380
 
468.3663rdDelivering respiratory care services without a license.
381
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
382
 
483.901(9)3rdPracticing medical physics without a license.
383
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
384
 
484.0533rdDispensing hearing aids without a license.
385
 
494.0018(2)1stConviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
386
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
387
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
388
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
389
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card.
390
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
391
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
392
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
393
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
394
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
395
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
396
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
397
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
398
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
399
 
784.048(7)3rdAggravated stalking; violation of court order.
400
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
401
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
402
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
403
 
784.081(1)1stAggravated battery on specified official or employee.
404
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
405
 
784.083(1)1stAggravated battery on code inspector.
406
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
407
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
408
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
409
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
410
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
411
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
412
 
796.032ndProcuring any person under 16 years for prostitution.
413
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
414
 
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
415
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
416
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
417
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
418
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
419
 
812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
420
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
421
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
422
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
423
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
424
 
812.131(2)(a)2ndRobbery by sudden snatching.
425
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
426
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
427
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
428
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
429
 
817.2341(2)(b) & (3)(b)1stMaking false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
430
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
431
 
825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
432
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
433
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
434
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
435
 
838.0152ndBribery.
436
 
838.0162ndUnlawful compensation or reward for official behavior.
437
 
838.021(3)(a)2ndUnlawful harm to a public servant.
438
 
838.222ndBid tampering.
439
 
872.062ndAbuse of a dead human body.
440
 
893.13(1)(c)1.1stSell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
441
 
893.13(1)(e)1.1stSell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
442
 
893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
443
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
444
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
445
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
446
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
447
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
448
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
449
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
450
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
451
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
452
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
453
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
454
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
455
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
456
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
457
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
458
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
459
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
460
461     Section 8.  Paragraph (o) is added to subsection (5) of
462section 921.141, Florida Statutes, to read:
463     921.141  Sentence of death or life imprisonment for capital
464felonies; further proceedings to determine sentence.--
465     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
466shall be limited to the following:
467     (o)  The capital felony was committed by a person
468designated a sexual predator under s. 775.21 or a person
469previously designated a sexual predator whose sexual predator
470designation had been removed.
471     Section 9.  Subsection (5) is added to section 943.043,
472Florida Statutes, to read:
473     943.043  Toll-free telephone number; Internet notification;
474sexual predator and sexual offender information.--
475     (5)  The department shall share information with local law
476enforcement agencies to assist local law enforcement agencies in
477determining the potential whereabouts of any sexual predator or
478sexual offender who fails to respond to address-verification
479attempts or otherwise absconds from registration.
480     Section 10.  Paragraph (a) of subsection (3) of section
481944.606, Florida Statutes, is amended to read:
482     944.606  Sexual offenders; notification upon release.--
483     (3)(a)  The department must provide information regarding
484any sexual offender who is being released after serving a period
485of incarceration for any offense, as follows:
486     1.  The department must provide: the sexual offender's
487name, any change in the offender's name by reason of marriage or
488other legal process, and any alias, if known; the correctional
489facility from which the sexual offender is released; the sexual
490offender's social security number, race, sex, date of birth,
491height, weight, and hair and eye color; date and county of
492sentence and each crime for which the offender was sentenced; a
493copy of the offender's fingerprints and a digitized photograph
494taken within 60 days before release; the date of release of the
495sexual offender; and the offender's intended residence address,
496if known. The department shall notify the Department of Law
497Enforcement if the sexual offender escapes, absconds, or dies.
498In addition, for any sexual offender sentenced to lifetime
499electronic monitoring under s. 775.082(10), the department must
500provide that information to the Department of Law Enforcement.
501If the sexual offender is in the custody of a private
502correctional facility, the facility shall take the digitized
503photograph of the sexual offender within 60 days before the
504sexual offender's release and provide this photograph to the
505Department of Corrections and also place it in the sexual
506offender's file. If the sexual offender is in the custody of a
507local jail, the custodian of the local jail shall notify the
508Department of Law Enforcement of the sexual offender's release
509and provide to the Department of Law Enforcement the information
510specified in this paragraph and any information specified in
511subparagraph 2. that the Department of Law Enforcement requests.
512     2.  The department may provide any other information deemed
513necessary, including criminal and corrections records,
514nonprivileged personnel and treatment records, when available.
515     Section 11.  Paragraph (a) of subsection (4) of section
516944.607, Florida Statutes, is amended, and paragraph (h) is
517added to subsection (6) of said section, to read:
518     944.607  Notification to Department of Law Enforcement of
519information on sexual offenders.--
520     (4)  A sexual offender, as described in this section, who
521is under the supervision of the Department of Corrections but is
522not incarcerated must register with the Department of
523Corrections and provide information as required by this
524subsection.
525     (a)  The sexual offender shall provide his or her name;
526date of birth; social security number; race; sex; height;
527weight; hair and eye color; tattoos or other identifying marks;
528and permanent or legal residence and address of temporary
529residence within the state or out of state while the sexual
530offender is under supervision in this state, including any rural
531route address or post office box. In addition, any sexual
532offender sentenced to lifetime electronic monitoring under s.
533775.082(10) must provide that information to the Department of
534Corrections. The Department of Corrections shall verify the
535address of each sexual offender in the manner described in ss.
536775.21 and 943.0435.
537     (6)  The information provided to the Department of Law
538Enforcement must include:
539     (h)  Information obtained from the Department of
540Corrections that a sexual offender has been sentenced to
541lifetime electronic monitoring under s. 775.082(10).
542
543If any information provided by the department changes during the
544time the sexual offender is under the department's control,
545custody, or supervision, including any change in the offender's
546name by reason of marriage or other legal process, the
547department shall, in a timely manner, update the information and
548provide it to the Department of Law Enforcement in the manner
549prescribed in subsection (2).
550     Section 12.  Paragraph (b) of subsection (7) of section
551947.1405, Florida Statutes, is amended, paragraph (c) is added
552to said subsection, subsection (9) is renumbered as subsection
553(10), and a new subsection (9) is added to said section, to
554read:
555     947.1405  Conditional release program.--
556     (7)
557     (b)  For a releasee whose crime was committed on or after
558October 1, 1997, in violation of chapter 794, s. 800.04, s.
559827.071, or s. 847.0145, and who is subject to conditional
560release supervision, in addition to any other provision of this
561section subsection, the commission shall impose the following
562additional conditions of conditional release supervision:
563     1.  As part of a treatment program, participation in a
564minimum of one annual polygraph examination to obtain
565information necessary for risk management and treatment and to
566reduce the sex offender's denial mechanisms. The polygraph
567examination must be conducted by a polygrapher trained
568specifically in the use of the polygraph for the monitoring of
569sex offenders, where available, and at the expense of the sex
570offender. The results of the polygraph examination shall not be
571used as evidence in a hearing to prove that a violation of
572supervision has occurred.
573     2.  Maintenance of a driving log and a prohibition against
574driving a motor vehicle alone without the prior approval of the
575supervising officer.
576     3.  A prohibition against obtaining or using a post office
577box without the prior approval of the supervising officer.
578     4.  If there was sexual contact, a submission to, at the
579probationer's or community controllee's expense, an HIV test
580with the results to be released to the victim or the victim's
581parent or guardian.
582     5.  Electronic monitoring of any form when ordered by the
583commission.
584     (c)  Effective for a releasee whose crime was committed on
585or after July 1, 2005, in violation of chapter 794, s. 800.04,
586s. 827.071, or s. 847.0145, or who is designated a sexual
587predator under s. 775.21, in addition to any other provision of
588this section, the commission shall require electronic monitoring
589as provided in s. 947.1406.
590     (9)  For a releasee placed on electronic monitoring under
591paragraph (7)(c) who the commission determines is in violation
592of any material condition of supervision, the commission shall
593order the releasee returned to prison until the expiration of
594the sentence of imprisonment.
595     Section 13.  Section 947.1406, Florida Statutes, is created
596to read:
597     947.1406  Electronic monitoring for certain sex offenders
598and sexual predators.--For any conditional releasee placed on
599electronic monitoring under s. 947.1405(9), the department shall
600use a system of active electronic monitoring that identifies the
601location of a monitored offender and that can produce upon
602request reports or records of the offender's presence near or
603within a crime scene or prohibited area or the offender's
604departure from a specified geographic location.
605     Section 14.  Subsection (8) is added to section 948.06,
606Florida Statutes, to read:
607     948.06  Violation of probation or community control;
608revocation; modification; continuance; failure to pay
609restitution or cost of supervision.--
610     (8)  This subsection shall apply to any probationer or
611community controllee under supervision for a violation of s.
612787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s.
613827.071, or s. 847.0145, or who is designated a sexual predator
614under s. 775.21, regardless of when his or her crime was
615committed. In any case, when a violation of supervision is
616admitted or determined by the court to be proven, and the court
617returns the violator to probation or community control
618supervision, the court must, in addition to any other condition
619of supervision, order electronic monitoring as described in s.
620948.11(6).
621     Section 15.  Section 948.061, Florida Statutes, is created
622to read:
623     948.061  Identifying, assessing, and monitoring certain
624high-risk offenders on community supervision; providing
625cumulative criminal and supervision histories to the court.--
626     (1)  By December 1, 2005, the department shall develop a
627graduated risk assessment and alert system that continuously
628identifies, assesses, and closely monitors a high-risk offender
629who is placed on probation or in community control and who:
630     (a)  Has previously been placed on probation or in
631community control and has a history of committing multiple
632violations of community supervision in this state or in any
633other jurisdiction or has previously been incarcerated in this
634state or in any other jurisdiction.
635     (b)  Has experienced more than one of the following risk
636factors that could potentially make the offender more likely to
637pose a danger to others:
638     1.  Attempted suicide or had severe depression;
639     2.  Marital instability or a history of domestic violence;
640     3.  A history of substance abuse;
641     4.  Unemployment or substantial financial difficulties;
642     5.  A history of violence or sex acts against children,
643particularly involving strangers; or
644     6.  Any other risk factor identified by the department.
645     (2)  In providing criminal history and background
646information to the court for these high-risk offenders, the
647correctional probation officer shall provide at each hearing
648before the court a complete chronology of the offender's
649criminal history and prior terms of probation or community
650control, including all substantive or technical violations of
651probation or community control. The department may adopt rules
652as necessary to administer this section.
653     (3)  In monitoring the location of high-risk offenders, the
654department, shall, no later than October 1, 2006, have
655fingerprint-reading equipment and capability that will
656immediately identify the probationer or community controllee
657when he or she reports to his or her designated probation
658officer and alert department probation officials when
659probationers and community controllees are subsequently
660rearrested.
661     Section 16.  Subsection (6) is added to section 948.11,
662Florida Statutes, to read:
663     948.11  Electronic monitoring devices.--
664     (6)  For any probationer or community controllee placed on
665electronic monitoring under s. 948.30(3), the Department of
666Corrections shall use a system of active electronic monitoring
667that identifies the location of a monitored offender and that
668can produce, upon request, reports or records of the offender's
669presence near or within a crime scene or prohibited area or the
670offender's departure from a specified geographic location.
671     Section 17.  Subsection (2) of section 948.30, Florida
672Statutes, is amended, and subsection (3) is added to said
673section, to read:
674     948.30  Additional terms and conditions of probation or
675community control for certain sex offenses.--Conditions imposed
676pursuant to this section do not require oral pronouncement at
677the time of sentencing and shall be considered standard
678conditions of probation or community control for offenders
679specified in this section.
680     (2)  Effective for a probationer or community controllee
681whose crime was committed on or after October 1, 1997, and who
682is on supervision placed on sex offender probation for a
683violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
684in addition to any other provision of this section subsection,
685the court must impose the following conditions of probation or
686community control:
687     (a)  As part of a treatment program, participation at least
688annually in polygraph examinations to obtain information
689necessary for risk management and treatment and to reduce the
690sex offender's denial mechanisms. A polygraph examination must
691be conducted by a polygrapher trained specifically in the use of
692the polygraph for the monitoring of sex offenders, where
693available, and shall be paid for by the sex offender. The
694results of the polygraph examination shall not be used as
695evidence in court to prove that a violation of community
696supervision has occurred.
697     (b)  Maintenance of a driving log and a prohibition against
698driving a motor vehicle alone without the prior approval of the
699supervising officer.
700     (c)  A prohibition against obtaining or using a post office
701box without the prior approval of the supervising officer.
702     (d)  If there was sexual contact, a submission to, at the
703probationer's or community controllee's expense, an HIV test
704with the results to be released to the victim or the victim's
705parent or guardian.
706     (e)  Electronic monitoring when deemed necessary by the
707community control or probation officer and his or her
708supervisor, and ordered by the court at the recommendation of
709the Department of Corrections.
710     (3)  Effective for a probationer or community controllee
711whose crime was committed on or after July 1, 2005, and who is
712on supervision for a violation of chapter 794, s. 800.04, s.
713827.071, or s. 847.0145, or who is designated a sexual predator
714under s. 775.21, in addition to any other provision of this
715section, the court shall order electronic monitoring as provided
716in s. 948.11(6).
717     Section 18.  If any provision of this act or its
718application to any person or circumstance is held invalid, the
719invalidity does not affect other provisions or applications of
720the act that can be given effect without the invalid provision
721or application, and to this end the provisions of this act are
722declared severable.
723     Section 19.  This act shall take effect July 1, 2005.


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