September 19, 2019
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_h1877e1
HB 1877

1
A bill to be entitled
2An act relating to sexual predators and sexual offenders;
3providing a popular name; amending s. 216.136, F.S.;
4assigning an additional responsibility to the Criminal
5Justice Estimating Conference; amending s. 775.082, F.S.;
6providing for specified sentencing of persons convicted of
7the life felony offense in s. 800.04(5)(b), F.S.; creating
8s. 775.0821, F.S.; creating a felony offense for removing,
9altering, or failing to maintain an electronic monitoring
10device for the purpose of committing a crime; providing
11criminal penalties; amending s. 775.21, F.S.; revising
12criteria for sexual predator designation; requiring
13certain notification of sentence; providing for electronic
14monitoring; extending period for petition to remove sexual
15predator designation; creating s. 775.235, F.S.;
16prohibiting the harboring of a sexual predator or sexual
17offender; providing criminal penalties; amending s.
18800.04, F.S.; providing that it is a life felony for an
19offender 18 years of age or older to commit lewd or
20lascivious molestation against a victim younger than 12
21years of age; amending s. 921.0022, F.S.; revising ranking
22for certain offenses involving sexual predators and sexual
23offenders failing to comply with registration
24requirements; ranking offenses involving sexual predators
25and sexual offenders failing to comply with registration
26and other requirements; amending s. 921.141, F.S.;
27creating an aggravating circumstance pertaining to sexual
28predators for purposes of imposing the death penalty;
29amending s. 943.043, F.S.; requiring the Department of
30Corrections to share information with local law
31enforcement agencies to assist in determining the
32potential whereabouts of registered sexual predators and
33sexual offenders; amending s. 943.0435, F.S.; revising
34provisions relating to sexual offender registration;
35creating s. 943.04352, F.S.; requiring a search of the
36sexual offender and sexual predator registry by entities
37providing probation services; amending s. 944.606, F.S.;
38requiring the Department of Corrections to provide
39information regarding electronic monitoring to the
40Department of Law Enforcement; amending s. 944.607, F.S.;
41requiring sexual offenders sentenced to electronic
42monitoring to provide such information to the Department
43of Corrections and for such department to provide that
44information to the Department of Law Enforcement; amending
45s. 947.1405, F.S.; requiring sexual offenders and sexual
46predators on conditional release to be placed on
47electronic monitoring; requiring the Parole Commission to
48order sexual offenders and sexual predators on conditional
49release to be returned to prison until expiration of
50sentence for any material violation of supervision;
51creating s. 947.1406, F.S.; providing requirements for
52electronic monitoring of sexual offenders and sexual
53predators on conditional release; amending s. 948.06,
54F.S.; requiring electronic monitoring for any violation of
55probation or community control supervision by certain
56offenders and sexual predators; creating s. 948.061, F.S.;
57requiring the Department of Corrections to develop a risk
58assessment and alert system to monitor certain offenders
59placed on probation or community control; authorizing the
60department to adopt rules; requiring the department to
61have fingerprint-reading equipment and capability by a
62specified date; amending s. 948.11, F.S.; providing
63requirements for electronic monitoring of sexual offenders
64and sexual predators on community control or probation;
65amending s. 948.30, F.S.; requiring sexual offenders and
66sexual predators on community control or probation to be
67placed on electronic monitoring; requiring a study by the
68Office of Program Policy Analysis and Governmental
69Accountability of the effectiveness of Florida's sexual
70predator and sexual offender registration process and
71community and public notification provisions; providing
72for severability; providing an effective date.
73
74Be It Enacted by the Legislature of the State of Florida:
75
76     Section 1.  This act may be cited as the "Jessica Lunsford
77Act."
78     Section 2.  Paragraph (a) of subsection (5) of section
79216.136, Florida Statutes, is amended to read:
80     216.136  Consensus estimating conferences; duties and
81principals.--
82     (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
83     (a)  Duties.--The Criminal Justice Estimating Conference
84shall:
85     1.  Develop such official information relating to the
86criminal justice system, including forecasts of prison
87admissions and population and of supervised felony offender
88admissions and population, as the conference determines is
89needed for the state planning and budgeting system.
90     2.  Develop such official information relating to the
91number of eligible discharges and the projected number of civil
92commitments for determining space needs pursuant to the civil
93proceedings provided under part V of chapter 394.
94     3.  Develop official information relating to the number of
95sexual offenders and sexual predators who are required by law to
96be placed on community control, probation, or conditional
97release who are subject to electronic monitoring.
98     Section 3.  Paragraph (a) of subsection (3) of section
99775.082, Florida Statutes, is amended to read:
100     775.082  Penalties; applicability of sentencing structures;
101mandatory minimum sentences for certain reoffenders previously
102released from prison.--
103     (3)  A person who has been convicted of any other
104designated felony may be punished as follows:
105     (a)1.  For a life felony committed prior to October 1,
1061983, by a term of imprisonment for life or for a term of years
107not less than 30.
108     2.  For a life felony committed on or after October 1,
1091983, by a term of imprisonment for life or by a term of
110imprisonment not exceeding 40 years.
111     3.  Except as provided in subparagraph 4., for a life
112felony committed on or after July 1, 1995, by a term of
113imprisonment for life or by imprisonment for a term of years not
114exceeding life imprisonment.
115     4.  For a life felony committed on or after September 1,
1162005, which is a violation of s. 800.04(5)(b), by:
117     a.  A term of imprisonment for life; or
118     b.  A split sentence that is a term of not less than 25
119years imprisonment and not exceeding life imprisonment, followed
120by probation or community control for the remainder of the
121person's natural life and subject to a system of active
122electronic monitoring that identifies the location of a
123monitored offender and that can produce, upon request, reports
124or records of the offender's presence near or within a crime
125scene or prohibited area or the offender's departure from a
126specified geographic location.
127     Section 4.  Section 775.0821, Florida Statutes, is created
128to read:
129     775.0821  Tampering with or removal of electronic
130monitoring device.--
131     (1)  Any person subject to electronic monitoring provided
132in s. 775.082(3)(a)4.b., s. 947.1406, or s. 948.11(6) who
133intentionally removes, defaces, alters, destroys, or fails to
134maintain the electronic monitoring device in working order
135commits a felony of the first degree, punishable as provided in
136s. 775.082 or s. 775.083.
137     (2)  Any person subject to electronic monitoring under s.
138775.082 must follow instructions provided by the Department of
139Corrections or the electronic monitoring device manufacturer to
140maintain the electronic monitoring device in working order.
141Incidental damage or defacement of the electronic monitoring
142device must be reported to the Department of Corrections within
1432 hours. Failure to comply with the reporting requirement of
144this subsection is a felony of the third degree, punishable as
145provided in s. 775.082 or s. 775.083.
146     Section 5.  Paragraph (b) of subsection (4), paragraphs
147(a), (b), and (l) of subsection (6), and paragraph (a) of
148subsection (10) of section 775.21, Florida Statutes, are
149amended, and paragraph (m) is added to subsection (6) of said
150section, to read:
151     775.21  The Florida Sexual Predators Act.--
152     (4)  SEXUAL PREDATOR CRITERIA.--
153     (b)  In order to be counted as a prior felony for purposes
154of this subsection, the felony must have resulted in a
155conviction sentenced separately, or an adjudication of
156delinquency entered separately, prior to the current offense and
157sentenced or adjudicated separately from any other felony
158conviction that is to be counted as a prior felony. If the
159offender's prior enumerated felony was committed more than 10
160years before the primary offense, it shall not be considered a
161prior felony under this subsection if the offender has not been
162convicted of any other crime for a period of 10 consecutive
163years from the most recent date of release from confinement,
164supervision, or sanction, whichever is later.
165     (6)  REGISTRATION.--
166     (a)  A sexual predator must register with the department by
167providing the following information to the department:
168     1.  Name, social security number, age, race, sex, date of
169birth, height, weight, hair and eye color, photograph, address
170of legal residence and address of any current temporary
171residence, within the state or out of state, including a rural
172route address and a post office box, date and place of any
173employment, date and place of each conviction, fingerprints, and
174a brief description of the crime or crimes committed by the
175offender. In addition, any sexual predator sentenced to
176electronic monitoring provided in s. 775.082(3)(a)4.b., s.
177947.1406, or s. 948.11(6) must provide that information to the
178department. A post office box shall not be provided in lieu of a
179physical residential address.
180     a.  If the sexual predator's place of residence is a motor
181vehicle, trailer, mobile home, or manufactured home, as defined
182in chapter 320, the sexual predator shall also provide to the
183department written notice of the vehicle identification number;
184the license tag number; the registration number; and a
185description, including color scheme, of the motor vehicle,
186trailer, mobile home, or manufactured home. If a sexual
187predator's place of residence is a vessel, live-aboard vessel,
188or houseboat, as defined in chapter 327, the sexual predator
189shall also provide to the department written notice of the hull
190identification number; the manufacturer's serial number; the
191name of the vessel, live-aboard vessel, or houseboat; the
192registration number; and a description, including color scheme,
193of the vessel, live-aboard vessel, or houseboat.
194     b.  If the sexual predator is enrolled, employed, or
195carrying on a vocation at an institution of higher education in
196this state, the sexual predator shall also provide to the
197department the name, address, and county of each institution,
198including each campus attended, and the sexual predator's
199enrollment or employment status. Each change in enrollment or
200employment status shall be reported in person at the sheriff's
201office, or the Department of Corrections if the sexual predator
202is in the custody or control of or under the supervision of the
203Department of Corrections, within 48 hours after any change in
204status. The sheriff or the Department of Corrections shall
205promptly notify each institution of the sexual predator's
206presence and any change in the sexual predator's enrollment or
207employment status.
208     2.  Any other information determined necessary by the
209department, including criminal and corrections records;
210nonprivileged personnel and treatment records; and evidentiary
211genetic markers when available.
212     (b)  If the sexual predator is in the custody or control
213of, or under the supervision of, the Department of Corrections,
214or is in the custody of a private correctional facility, the
215sexual predator must register with the Department of
216Corrections. The Department of Corrections shall provide to the
217department registration information and the location of, and
218local telephone number for, any Department of Corrections office
219that is responsible for supervising the sexual predator. In
220addition, The Department of Corrections shall also notify the
221department if the sexual predator escapes or absconds from
222custody or supervision or if the sexual predator dies. In
223addition, for any sexual predator sentenced to electronic
224monitoring provided in s. 775.082(3)(a)4.b., s. 947.1406, or s.
225948.11(6), the Department of Corrections must provide that
226information to the department.
227     (l)  A sexual predator must maintain registration with the
228department for the duration of his or her life, unless the
229sexual predator has received a full pardon or has had a
230conviction set aside in a postconviction proceeding for any
231offense that met the criteria for the sexual predator
232designation. However, a sexual predator who was designated as a
233sexual predator by a court before October 1, 1998, and who has
234been lawfully released from confinement, supervision, or
235sanction, whichever is later, for at least 10 years and has not
236been arrested for any felony or misdemeanor offense since
237release, may petition the criminal division of the circuit court
238in the circuit in which the sexual predator resides for the
239purpose of removing the sexual predator designation. A sexual
240predator who was designated a sexual predator by a court on or
241after October 1, 1998, who has been lawfully released from
242confinement, supervision, or sanction, whichever is later, for
243at least 20 years, and who has not been arrested for any felony
244or misdemeanor offense since release may petition the criminal
245division of the circuit court in the circuit in which the sexual
246predator resides for the purpose of removing the sexual predator
247designation. A sexual predator who was designated a sexual
248predator by a court on or after October 1, 2005, who has been
249lawfully released from confinement, supervision, or sanction,
250whichever is later, for at least 30 years and who has not been
251arrested for any felony or misdemeanor offense since release may
252petition the criminal division of the circuit court in the
253circuit in which the sexual predator resides for the purpose of
254removing the sexual predator designation. The court may grant or
255deny such relief if the petitioner demonstrates to the court
256that he or she has not been arrested for any crime since
257release, the requested relief complies with the provisions of
258the federal Jacob Wetterling Act, as amended, and any other
259federal standards applicable to the removal of the designation
260as a sexual predator or required to be met as a condition for
261the receipt of federal funds by the state, and the court is
262otherwise satisfied that the petitioner is not a current or
263potential threat to public safety. The state attorney in the
264circuit in which the petition is filed must be given notice of
265the petition at least 3 weeks before the hearing on the matter.
266The state attorney may present evidence in opposition to the
267requested relief or may otherwise demonstrate the reasons why
268the petition should be denied. If the court denies the petition,
269the court may set a future date at which the sexual predator may
270again petition the court for relief, subject to the standards
271for relief provided in this paragraph. Unless specified in the
272order, a sexual predator who is granted relief under this
273paragraph must comply with the requirements for registration as
274a sexual offender and other requirements provided under s.
275943.0435 or s. 944.607. If a petitioner obtains an order from
276the court that imposed the order designating the petitioner as a
277sexual predator which removes such designation, the petitioner
278shall forward a certified copy of the written findings or order
279to the department in order to have the sexual predator
280designation removed from the sexual predator registry.
281     (m)1.  A sexual predator must report in person each year
282during the month of the sexual predator's date of birth and
283during the sixth month following the sexual predator's birth
284month to the sheriff's office in the county in which he or she
285resides or is otherwise located to reregister. The sheriff's
286office may determine the appropriate times and days for
287reporting by the sexual predator, which shall be consistent with
288the reporting requirements of this paragraph. Reregistration
289shall include any changes to information provided in paragraph
290(a).
291     2.  The sheriff's office shall, within 2 working days,
292electronically submit and update all information provided by the
293sexual predator to the department in a manner prescribed by the
294department. This procedure shall be implemented by December 1,
2952005.
296
297The sheriff shall promptly provide to the department the
298information received from the sexual predator.
299     (10)  PENALTIES.--
300     (a)  Except as otherwise specifically provided, a sexual
301predator who fails to register; who fails, after registration,
302to maintain, acquire, or renew a driver's license or
303identification card; who fails to provide required location
304information or change-of-name information; who fails to make a
305required report in connection with vacating a permanent
306residence; who fails to reregister as required; who fails to
307respond to any address verification correspondence from the
308department within three weeks of the date of the correspondence;
309or who otherwise fails, by act or omission, to comply with the
310requirements of this section, commits a felony of the third
311degree, punishable as provided in s. 775.082, s. 775.083, or s.
312775.084.
313     Section 6.  Section 775.235, Florida Statutes, is created
314to read:
315     775.235  Harboring sexual predator or sexual offender.--Any
316person who knows or has reasonable cause to believe that a
317sexual predator or sexual offender is not complying, or has not
318complied, with the requirements of s. 775.21, s. 943.0435, or s.
319944.607 and who, with the intent to assist the sexual predator
320or sexual offender in eluding a law enforcement agency that is
321seeking to find the sexual predator or sexual offender to
322question the sexual predator or sexual offender about, or to
323arrest the sexual predator or sexual offender for, his or her
324noncompliance with the requirements of this section:
325     (1)  Withholds information from, or does not notify, the
326law enforcement agency about the sexual predator or sexual
327offender's noncompliance with the requirements of this section,
328and, if known, the whereabouts of the sexual predator or sexual
329offender;
330     (2)  Harbors, or attempts to harbor, or assists another
331person in harboring or attempting to harbor, the sexual predator
332or sexual offender;
333     (3)  Hides or attempts to hide, or assists another person
334in hiding or attempting to hide, the sexual predator or sexual
335offender; or
336     (4)  Provides information to the law enforcement agency
337regarding the sexual predator or sexual offender which the
338person knows to be false information,
339
340commits a felony of the third degree, punishable as provided in
341s. 775.082 , s. 775.083, or s. 775.084. This paragraph does not
342apply if the sexual predator or sexual offender is incarcerated
343in or is in the custody of a state correctional facility, a
344private correctional facility, a local jail, or a federal
345correctional facility.
346     Section 7.  Paragraph (b) of subsection (5) of section
347800.04, Florida Statutes, is amended to read:
348     800.04  Lewd or lascivious offenses committed upon or in
349the presence of persons less than 16 years of age.--
350     (5)  LEWD OR LASCIVIOUS MOLESTATION.--
351     (b)  An offender 18 years of age or older who commits lewd
352or lascivious molestation against a victim less than 12 years of
353age commits a life felony of the first degree, punishable as
354provided in s. s. 775.082(3)(a)4. 775.082, s. 775.083, or s.
355775.084.
356     Section 8.  Paragraphs (f) and (g) of subsection (3) of
357section 921.0022, Florida Statutes, are amended to read:
358     921.0022  Criminal Punishment Code; offense severity
359ranking chart.--
360     (3)  OFFENSE SEVERITY RANKING CHART
361
 
FloridaStatuteFelonyDegreeDescription
362
 


(f)  LEVEL 6
363
 
316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.
364
 
499.0051(3)2ndForgery of pedigree papers.
365
 
499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.
366
 
499.0051(5)2ndSale of legend drug to unauthorized person.
367
 
775.0875(1)3rdTaking firearm from law enforcement officer.
368
 
775.21(10)3rdSexual predators; failure to register; failure to renew driver's license or identification card.
369
 
784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.
370
 
784.021(1)(b)3rdAggravated assault; intent to commit felony.
371
 
784.0413rdFelony battery.
372
 
784.048(3)3rdAggravated stalking; credible threat.
373
 
784.048(5)3rdAggravated stalking of person under 16.
374
 
784.07(2)(c)2ndAggravated assault on law enforcement officer.
375
 
784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.
376
 
784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.
377
 
784.081(2)2ndAggravated assault on specified official or employee.
378
 
784.082(2)2ndAggravated assault by detained person on visitor or other detainee.
379
 
784.083(2)2ndAggravated assault on code inspector.
380
 
787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
381
 
790.115(2)(d)2ndDischarging firearm or weapon on school property.
382
 
790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
383
 
790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
384
 
790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
385
 
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
386
 
794.05(1)2ndUnlawful sexual activity with specified minor.
387
 
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.
388
 
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
389
 
806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.
390
 
810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.
391
 
812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
392
 
812.015(9)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
393
 
812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).
394
 
817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.
395
 
817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
396
 
825.102(1)3rdAbuse of an elderly person or disabled adult.
397
 
825.102(3)(c)3rdNeglect of an elderly person or disabled adult.
398
 
825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.
399
 
825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
400
 
827.03(1)3rdAbuse of a child.
401
 
827.03(3)(c)3rdNeglect of a child.
402
 
827.071(2) & (3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
403
 
836.052ndThreats; extortion.
404
 
836.102ndWritten threats to kill or do bodily injury.
405
 
843.123rdAids or assists person to escape.
406
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
407
 
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
408
 
943.0435(9)3rdSex offenders; failure to comply with reporting requirements.
409
 
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.
410
 
944.402ndEscapes.
411
 
944.463rdHarboring, concealing, aiding escaped prisoners.
412
 
944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
413
 
951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.
414
 


(g)  LEVEL 7
415
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
416
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
417
 
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.
418
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
419
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
420
 
409.920(2)3rdMedicaid provider fraud.
421
 
456.065(2)3rdPracticing a health care profession without a license.
422
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
423
 
458.327(1)3rdPracticing medicine without a license.
424
 
459.013(1)3rdPracticing osteopathic medicine without a license.
425
 
460.411(1)3rdPracticing chiropractic medicine without a license.
426
 
461.012(1)3rdPracticing podiatric medicine without a license.
427
 
462.173rdPracticing naturopathy without a license.
428
 
463.015(1)3rdPracticing optometry without a license.
429
 
464.016(1)3rdPracticing nursing without a license.
430
 
465.015(2)3rdPracticing pharmacy without a license.
431
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
432
 
467.2013rdPracticing midwifery without a license.
433
 
468.3663rdDelivering respiratory care services without a license.
434
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
435
 
483.901(9)3rdPracticing medical physics without a license.
436
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
437
 
484.0533rdDispensing hearing aids without a license.
438
 
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.
439
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
440
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
441
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
442
 
775.08213rdTampering with electronic monitoring device.
443
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card.
444
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
445
 
775.2353rdHarboring sexual predator or sexual offender.
446
447
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
448
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
449
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
450
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
451
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
452
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
453
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
454
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
455
 
784.048(7)3rdAggravated stalking; violation of court order.
456
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
457
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
458
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
459
 
784.081(1)1stAggravated battery on specified official or employee.
460
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
461
 
784.083(1)1stAggravated battery on code inspector.
462
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
463
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
464
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
465
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
466
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
467
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
468
 
796.032ndProcuring any person under 16 years for prostitution.
469
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
470
 
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.
471
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
472
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
473
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
474
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
475
 
812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
476
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
477
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
478
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
479
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
480
 
812.131(2)(a)2ndRobbery by sudden snatching.
481
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
482
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
483
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
484
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
485
 
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.
486
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
487
 
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.
488
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
489
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
490
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
491
 
838.0152ndBribery.
492
 
838.0162ndUnlawful compensation or reward for official behavior.
493
 
838.021(3)(a)2ndUnlawful harm to a public servant.
494
 
838.222ndBid tampering.
495
 
872.062ndAbuse of a dead human body.
496
 
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.
497
 
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.
498
 
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).
499
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
500
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
501
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
502
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
503
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
504
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
505
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
506
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
507
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
508
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
509
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
510
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
511
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
512
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
513
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
514
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
515
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
516
517     Section 9.  Paragraph (o) is added to subsection (5) of
518section 921.141, Florida Statutes, to read:
519     921.141  Sentence of death or life imprisonment for capital
520felonies; further proceedings to determine sentence.--
521     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
522shall be limited to the following:
523     (o)  The capital felony was committed by a person
524designated a sexual predator under s. 775.21 or a person
525previously designated a sexual predator whose sexual predator
526designation had been removed.
527     Section 10.  Subsection (5) is added to section 943.043,
528Florida Statutes, to read:
529     943.043  Toll-free telephone number; Internet notification;
530sexual predator and sexual offender information.--
531     (5)  The department shall share information with local law
532enforcement agencies to assist local law enforcement agencies in
533determining the potential whereabouts of any sexual predator or
534sexual offender who fails to respond to address-verification
535attempts or otherwise absconds from registration.
536     Section 11.  Subsection (13) is added to section 943.0435,
537Florida Statutes, to read:
538     943.0435  Sexual offenders required to register with the
539department; penalty.--
540     (13)(a)  A sexual offender must report in person each year
541during the month of the sexual offender's date of birth and
542during the sixth month following the sexual offender's birth
543month to the sheriff's office in the county in which he or she
544resides or is otherwise located to reregister. The sheriff's
545office may determine the appropriate times and days for
546reporting by the sexual offender, which shall be consistent with
547the reporting requirements of this paragraph. Reregistration
548shall include any changes to the information provided in
549subsection (2). Any sexual offender who fails to report in
550person as required at the sheriff's office, or who fails to
551respond to any address verification correspondence from the
552department within three weeks of the date of the correspondence,
553commits a felony of the third degree, punishable as provided in
554s. 775.082, s. 775.083, or s. 775.084.
555     (b)  The sheriff's office shall, within 2 working days,
556electronically submit and update all information provided by the
557sexual offender to the department in a manner prescribed by the
558department. This procedure shall be implemented by December 1,
5592005.
560     Section 12.  Section 943.04352, Florida Statutes, is
561created to read:
562     943.04352  Search of registration information regarding
563sexual predators and sexual offenders required for misdemeanor
564probation placement.--When the court places a defendant on
565misdemeanor probation pursuant to ss. 948.01 and 948.15, the
566public or private entity providing probation services must
567conduct a search of the probationer's name or other identifying
568information against the registration information regarding
569sexual predators and sexual offenders maintained by the
570Department of Law Enforcement under s. 943.043. The probation
571services provider may conduct the search using the Internet site
572maintained by the Department of Law Enforcement.
573     Section 13.  Paragraph (a) of subsection (3) of section
574944.606, Florida Statutes, is amended to read:
575     944.606  Sexual offenders; notification upon release.--
576     (3)(a)  The department must provide information regarding
577any sexual offender who is being released after serving a period
578of incarceration for any offense, as follows:
579     1.  The department must provide: the sexual offender's
580name, any change in the offender's name by reason of marriage or
581other legal process, and any alias, if known; the correctional
582facility from which the sexual offender is released; the sexual
583offender's social security number, race, sex, date of birth,
584height, weight, and hair and eye color; date and county of
585sentence and each crime for which the offender was sentenced; a
586copy of the offender's fingerprints and a digitized photograph
587taken within 60 days before release; the date of release of the
588sexual offender; and the offender's intended residence address,
589if known. The department shall notify the Department of Law
590Enforcement if the sexual offender escapes, absconds, or dies.
591In addition, for any sexual offender sentenced to electronic
592monitoring provided in  s. 775.082(3)(a)4.b., s. 947.1406, or s.
593948.11(6), the department must provide that information to the
594Department of Law Enforcement. If the sexual offender is in the
595custody of a private correctional facility, the facility shall
596take the digitized photograph of the sexual offender within 60
597days before the sexual offender's release and provide this
598photograph to the Department of Corrections and also place it in
599the sexual offender's file. If the sexual offender is in the
600custody of a local jail, the custodian of the local jail shall
601notify the Department of Law Enforcement of the sexual
602offender's release and provide to the Department of Law
603Enforcement the information specified in this paragraph and any
604information specified in subparagraph 2. that the Department of
605Law Enforcement requests.
606     2.  The department may provide any other information deemed
607necessary, including criminal and corrections records,
608nonprivileged personnel and treatment records, when available.
609     Section 14.  Paragraph (a) of subsection (4) of section
610944.607, Florida Statutes, is amended, and paragraph (h) is
611added to subsection (6) of said section, to read:
612     944.607  Notification to Department of Law Enforcement of
613information on sexual offenders.--
614     (4)  A sexual offender, as described in this section, who
615is under the supervision of the Department of Corrections but is
616not incarcerated must register with the Department of
617Corrections and provide information as required by this
618subsection.
619     (a)  The sexual offender shall provide his or her name;
620date of birth; social security number; race; sex; height;
621weight; hair and eye color; tattoos or other identifying marks;
622and permanent or legal residence and address of temporary
623residence within the state or out of state while the sexual
624offender is under supervision in this state, including any rural
625route address or post office box. In addition, any sexual
626offender sentenced to electronic monitoring provided in s.
627775.082(3)(a)4.b., s. 947.1406 or s. 948.11(6) must provide that
628information to the Department of Corrections. The Department of
629Corrections shall verify the address of each sexual offender in
630the manner described in ss. 775.21 and 943.0435.
631     (6)  The information provided to the Department of Law
632Enforcement must include:
633     (h)  Information obtained from the Department of
634Corrections that a sexual offender has been sentenced to
635electronic monitoring provided in  s. 775.082(3)(a)4.b., s.
636947.1406 or s. 948.11(6).
637
638If any information provided by the department changes during the
639time the sexual offender is under the department's control,
640custody, or supervision, including any change in the offender's
641name by reason of marriage or other legal process, the
642department shall, in a timely manner, update the information and
643provide it to the Department of Law Enforcement in the manner
644prescribed in subsection (2).
645     Section 15.  Paragraph (b) of subsection (7) of section
646947.1405, Florida Statutes, is amended, paragraph (c) is added
647to said subsection, subsection (9) is renumbered as subsection
648(10), and a new subsection (9) is added to said section, to
649read:
650     947.1405  Conditional release program.--
651     (7)
652     (b)  For a releasee whose crime was committed on or after
653October 1, 1997, in violation of chapter 794, s. 800.04, s.
654827.071, or s. 847.0145, and who is subject to conditional
655release supervision, in addition to any other provision of this
656section subsection, the commission shall impose the following
657additional conditions of conditional release supervision:
658     1.  As part of a treatment program, participation in a
659minimum of one annual polygraph examination to obtain
660information necessary for risk management and treatment and to
661reduce the sex offender's denial mechanisms. The polygraph
662examination must be conducted by a polygrapher trained
663specifically in the use of the polygraph for the monitoring of
664sex offenders, where available, and at the expense of the sex
665offender. The results of the polygraph examination shall not be
666used as evidence in a hearing to prove that a violation of
667supervision has occurred.
668     2.  Maintenance of a driving log and a prohibition against
669driving a motor vehicle alone without the prior approval of the
670supervising officer.
671     3.  A prohibition against obtaining or using a post office
672box without the prior approval of the supervising officer.
673     4.  If there was sexual contact, a submission to, at the
674probationer's or community controllee's expense, an HIV test
675with the results to be released to the victim or the victim's
676parent or guardian.
677     5.  Electronic monitoring of any form when ordered by the
678commission.
679     (c)  Effective for a releasee whose crime was committed on
680or after September 1, 2005, in violation of chapter 794, s.
681800.04, s. 827.071, or s. 847.0145, and the unlawful activity
682involved a victim who was 12 years of age or younger, or for a
683releasee who is designated as a sexual predator pursuant to s.
684775.21, in addition to any other provision of this section, the
685commission must order electronic monitoring for the duration of
686the releasee's supervision.
687     (9)  For a releasee placed on electronic monitoring under
688paragraph (7)(c) who the commission determines is in violation
689of any material condition of supervision, the commission shall
690order the releasee returned to prison until the expiration of
691the sentence of imprisonment.
692     Section 16.  Section 947.1406, Florida Statutes, is created
693to read:
694     947.1406  Electronic monitoring for certain sex offenders
695and sexual predators.--For any conditional releasee placed on
696electronic monitoring under s. 947.1405(9), the department shall
697use a system of active electronic monitoring that identifies the
698location of a monitored offender and that can produce upon
699request reports or records of the offender's presence near or
700within a crime scene or prohibited area or the offender's
701departure from a specified geographic location.
702     Section 17.  Subsection (8) is added to section 948.06,
703Florida Statutes, to read:
704     948.06  Violation of probation or community control;
705revocation; modification; continuance; failure to pay
706restitution or cost of supervision.--
707     (8)  This subsection shall apply to any probationer or
708community controllee under supervision for a violation of s.
709787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s.
710827.071, or s. 847.0145, or who is designated a sexual predator
711under s. 775.21, regardless of when his or her crime was
712committed. In any case, when a violation of supervision is
713admitted or determined by the court to be proven, and the court
714returns the violator to probation or community control
715supervision, the court must, in addition to any other condition
716of supervision, order electronic monitoring as described in s.
717948.11(6).
718     Section 18.  Section 948.061, Florida Statutes, is created
719to read:
720     948.061  Identifying, assessing, and monitoring high-risk
721sex offenders on community supervision; providing cumulative
722criminal and supervision histories on the Internet.--
723     (1)  By December 1, 2005, the department shall develop a
724graduated risk assessment that identifies, assesses, and closely
725monitors a high-risk sex offender who is placed on probation or
726in community control and who:
727     (a)  Has previously been placed on probation or in
728community control and has a history of committing multiple
729violations of community supervision in this state or in any
730other jurisdiction or has previously been incarcerated in this
731state or in any other jurisdiction; and
732     (b)  Has experienced more than one of the following risk
733factors that could potentially make the offender more likely to
734pose a danger to others:
735     1.  Previous conviction for domestic violence;
736     2.  History of substance abuse;
737     3.  Unemployment or substantial financial difficulties;
738     4.  Previous conviction for violence or sex acts against
739children, particularly involving strangers; or
740     5.  Any other risk factor identified by the department.
741     (2)  To facilitate the information available to the court
742at first appearance hearings and at all subsequent hearings for
743these high-risk sex offenders, the department shall, no later
744than March 1, 2006, post on the Florida Department of Law
745Enforcement's Criminal Justice Intranet a cumulative chronology
746of the sex offender's prior terms of state probation and
747community control, including all substantive or technical
748violations of state probation or community control. The
749sheriff's office in the county where the arrested person is
750booked shall insure that state and national criminal history
751information and all criminal justice information available in
752the Florida Crime Information Center and the National Crime
753Information Center is provided to the court at the time of first
754appearance. The courts shall assist the department's
755dissemination of critical information by creating and
756maintaining an automated system to provide the information as
757specified in this subsection and by providing the necessary
758technology in the courtroom to deliver the information.
759     (3)  In monitoring the location of high-risk offenders, the
760department, shall, no later than October 1, 2006, have
761fingerprint-reading equipment and capability that will
762immediately identify probationers or community controllees when
763they reports to their designated probation officers and alert
764department probation officials when probationers and community
765controllees are subsequently rearrested.
766     Section 19.  Subsection (6) is added to section 948.11,
767Florida Statutes, to read:
768     948.11  Electronic monitoring devices.--
769     (6)  For any probationer or community controllee placed on
770electronic monitoring under s. 948.30(3), the Department of
771Corrections shall use a system of active electronic monitoring
772that identifies the location of a monitored offender and that
773can produce, upon request, reports or records of the offender's
774presence near or within a crime scene or prohibited area or the
775offender's departure from a specified geographic location.
776     Section 21.  Paragraph (k) is added to subsection (3) of
777section 948.15, Florida Statutes, to read:
778     948.15  Misdemeanor probation services.--
779     (3)  Any private entity providing services for the
780supervision of misdemeanor probationers must contract with the
781county in which the services are to be rendered. In a county
782with a population of less than 70,000, the county court judge,
783or the administrative judge of the county court in a county that
784has more than one county court judge, must approve the contract.
785Terms of the contract must state, but are not limited to:
786     (k)  Procedures for accessing criminal history records of
787probationers.
788
789In addition, the entity shall supply the chief judge's office
790with a quarterly report summarizing the number of offenders
791supervised by the private entity, payment of the required
792contribution under supervision or rehabilitation, and the number
793of offenders for whom supervision or rehabilitation will be
794terminated. All records of the entity must be open to inspection
795upon the request of the county, the court, the Auditor General,
796the Office of Program Policy Analysis and Government
797Accountability, or agents thereof.
798     Section 22.  Subsection (2) of section 948.30, Florida
799Statutes, is amended, and subsection (3) is added to said
800section, to read:
801     948.30  Additional terms and conditions of probation or
802community control for certain sex offenses.--Conditions imposed
803pursuant to this section do not require oral pronouncement at
804the time of sentencing and shall be considered standard
805conditions of probation or community control for offenders
806specified in this section.
807     (2)  Effective for a probationer or community controllee
808whose crime was committed on or after October 1, 1997, and who
809is placed on community control or sex offender probation for a
810violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
811in addition to any other provision of this section subsection,
812the court must impose the following conditions of probation or
813community control:
814     (a)  As part of a treatment program, participation at least
815annually in polygraph examinations to obtain information
816necessary for risk management and treatment and to reduce the
817sex offender's denial mechanisms. A polygraph examination must
818be conducted by a polygrapher trained specifically in the use of
819the polygraph for the monitoring of sex offenders, where
820available, and shall be paid for by the sex offender. The
821results of the polygraph examination shall not be used as
822evidence in court to prove that a violation of community
823supervision has occurred.
824     (b)  Maintenance of a driving log and a prohibition against
825driving a motor vehicle alone without the prior approval of the
826supervising officer.
827     (c)  A prohibition against obtaining or using a post office
828box without the prior approval of the supervising officer.
829     (d)  If there was sexual contact, a submission to, at the
830probationer's or community controllee's expense, an HIV test
831with the results to be released to the victim or the victim's
832parent or guardian.
833     (e)  Electronic monitoring when deemed necessary by the
834community control or probation officer and his or her
835supervisor, and ordered by the court at the recommendation of
836the Department of Corrections.
837     (3)  Effective for a probationer or community controllee
838whose crime was committed on or after September 1, 2005, and who
839is on community control or sex offender probation for a
840violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
841or who is designated a sexual predator under s. 775.21, in
842addition to any other provision of this section, the court shall
843order electronic monitoring as provided in s. 948.11(6).
844     Section 23.  Subsection (1) of section 1012.465, Florida
845Statutes, is amended to read:
846     1012.465  Background screening requirements for certain
847noninstructional school district employees and contractors.--
848     (1)  Noninstructional school district employees or
849contractual personnel who are permitted access on school grounds
850when students are present, who have direct contact with
851students, or who have access to or control of school funds must
852meet level 2 screening requirements as described in s. 1012.32.
853Contractual personnel shall include any vendor, individual, or
854entity under contract with the school board.
855     Section 24.  The Office of Program Policy Analysis and
856Governmental Accountability shall perform a study of the
857effectiveness of Florida's sexual predator and sexual offender
858registration process and community and public notification
859provisions. As part of determining the effectiveness of the
860registration process, the OPPAGA shall examine the current
861practice of Department of Corrections, county probation offices,
862clerk of courts, court administrators, county jails and booking
863facilities, Department of Children and Family Services, judges,
864state attorneys offices, Department of Highway Safety and Motor
865Vehicles, Department of Law Enforcement, and local law
866enforcement agencies as it relates to: sharing of offender
867information regarding registered sexual predators and sexual
868offenders for purposes of fulfilling the requirements set forth
869in the registration laws; insuring the most current and
870comprehensive information is provided in a timely manner to the
871registry; insuring the effective supervision and subsequent
872monitoring of sexual predators and offenders; and insuring
873informed decisions are made at each point of the criminal
874justice and registration process. In addition to determining the
875effectiveness of the registration process, the report shall
876focus on the question of whether the notification provisions are
877sufficient to apprise communities of the presence of sexual
878predators and sexual offenders. The report shall examine how
879local law enforcement agencies collect and disseminate
880information in an effort to notify the public and communities of
881the presence of sexual predators and offenders. If the report
882finds deficiencies in the registration process, the notification
883provisions, or both, the report shall provide options for
884correcting those deficiencies and shall include the projected
885cost of implementing those options. In conducting the study, the
886Office of Program Policy Analysis and Governmental
887Accountability shall consult with the Florida Council Against
888Sexual Violence and the Florida Association for the Treatment of
889Sexual Abusers in addition to other interested entities that may
890offer experiences and perspectives unique to this area of
891research. The report shall be submitted to the President of the
892Senate and the Speaker of the House of Representatives on three
893year intervals with the initial report being due on January 1,
8942006.
895     Section 25.  If any provision of this act or its
896application to any person or circumstance is held invalid, the
897invalidity does not affect other provisions or applications of
898the act that can be given effect without the invalid provision
899or application, and to this end the provisions of this act are
900declared severable.
901     Section 26.  This act shall take effect September 1, 2005.


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