September 21, 2019
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_h1877e2
HB 1877

1
A bill to be entitled
2An act relating to high-risk offenders; providing a short
3title; amending s. 216.136, F.S.; assigning additional
4responsibilities of the Criminal Justice Estimating
5Conference; requiring a study; amending s. 775.21, F.S.;
6revising sexual predator criteria; extending the period
7for a petition to remove a sexual predator designation;
8requiring twice yearly reregistration by sexual predators;
9requiring reregistration information be provided to the
10Department of Law Enforcement; providing criminal offenses
11for failing to reregister, failing to respond to address
12verification, failing to report or providing false
13information about a sexual predator, and harboring or
14concealing a sexual predator; requiring twice yearly
15reregistration by sexual predators; requiring
16reregistration information be provided to the Department
17of Law Enforcement; providing criminal offenses for
18failing to reregister, failing to respond to address
19verification, failing to report or providing false
20information about a sexual predator, and harboring or
21concealing a sexual predator; amending s. 775.082, F.S.;
22providing for specified sentencing of persons convicted of
23the life felony offense in s. 800.04(5)(b), F.S.;
24providing for 25-year mandatory minimum term of
25imprisonment; amending s. 800.04, F.S.; providing that it
26is a life felony for an offender 18 years of age or older
27to commit lewd or lascivious molestation against a victim
28younger than 12 years of age; amending s. 921.0022, F.S.;
29deleting ranking for offenses involving sexual predators
30and sexual offenders failing to comply with registration
31requirements; ranking offenses involving sexual predators
32and sexual offenders failing to comply with registration
33requirements and other requirements; ranking new criminal
34offenses for failing to reregister, failing to respond to
35address verification, failing to report or providing false
36information about a sexual predator or sexual offender,
37and harboring or concealing a sexual predator or sexual
38offender; correcting a reference to the felony degree of a
39lewd or lascivious offense; amending s. 921.141, F.S.;
40providing an additional aggravating circumstance
41pertaining to sexual predators for the purpose of imposing
42the death penalty; amending s. 943.043, F.S., requiring
43the Department of Law Enforcement to provide to local law
44enforcement agencies information on sexual predators and
45sexual offenders who fail to respond to address
46verification attempts or abscond from registration;
47amending s. 943.0435, F.S.; requiring twice yearly
48reregistration by sexual offenders; requiring
49reregistration information be provided to the Department
50of Law Enforcement; providing criminal offenses for
51failing to reregister, failing to respond to address
52verification, failing to report or providing false
53information about a sexual offender, and harboring or
54concealing a sexual offender; creating s. 943.04352, F.S.;
55requiring a search of the sexual offender and sexual
56predator registry by entities providing probation
57services; amending s. 944.607, F.S.; requiring twice
58yearly reregistration by sexual offenders; requiring
59reregistration information be provided to the Department
60of Law Enforcement; providing criminal offenses for
61failing to reregister, failing to respond to address
62verification, failing to report or providing false
63information about a sexual offender, and harboring or
64concealing a sexual offender; amending s. 947.1405, F.S.;
65requiring electronic monitoring for certain offenders
66placed on conditional release supervision; amending s.
67948.06(4), F.S.; requiring a court finding with regard to
68dangerousness to the public prior to release on bail under
69certain circumstances; amending s. 948.012, F.S.;
70requiring the court to impose a split sentence in certain
71circumstances; creating s. 948.061, F.S.; requiring the
72Department of Corrections to develop a risk assessment
73system to monitor certain offenders placed on probation or
74community control; requiring increased supervision of such
75offenders under certain circumstances; requiring that
76information be provided via FDLE's Criminal Justice
77Intranet to the court by the correctional probation
78officer; requiring the court to assist the department by
79creating and maintaining an automated system; requiring
80the department to have fingerprint reading equipment and
81capability by October 1, 2006; creating s. 948.062, F.S.;
82requiring the Department of Corrections to review the
83circumstances of certain arrests of offenders on probation
84or community control; requiring the Office of Program
85Policy Analysis and Government Accountability to analyze
86the reviews and report to the President of the Senate and
87the Speaker of the House of Representatives; creating s.
88948.063, F.S.; requiring the court to order electronic
89monitoring for designated sexual offenders and predators
90who violate probation or community control; amending s.
91948.11, F.S.; requiring the department to develop and
92implement procedures to notify certain officials on the
93availability of electronic monitoring units; requiring the
94department to use certain electronic monitoring systems on
95high-risk offenders; prohibiting the intentional altering,
96tampering, damaging or destroying of any electronic
97monitoring equipment; amending s. 948.15, F.S.; specifying
98that the terms of the contract must contain procedures for
99accessing criminal history records concerning
100probationers; amending s. 948.30, F.S.; specifying
101additional conditions for persons placed on community
102control; requiring certain sex offenders and sexual
103predators on probation or community control to be placed
104on electronic monitoring; amending s. 1012.465(1), F.S.;
105clarifying background screening requirements for
106contractual personnel who have access on school grounds;
107creating a task force within the Department of Law
108Enforcement; requiring the task force to examine the
109collection and dissemination of offender information
110within the criminal justice system and community;
111prescribing task force membership; requiring that the task
112force submit findings and recommendations to the Governor
113and the Legislature; requiring cooperation by state
114agencies; providing for abolishing the task force on a
115specified date; requiring the Office of Program Policy
116Analysis and Governmental Accountability to perform a
117study of and report to the Legislature on the
118effectiveness of Florida's sexual predator and sexual
119offender registries and community and public notification
120provisions; providing appropriations and authorizing
121positions; providing an effective date.
122
123Be It Enacted by the Legislature of the State of Florida:
124
125     Section 1.  This act may be cited as the "Jessica Lunsford
126Act."
127     Section 2.  Paragraph (a) of subsection (5) of section
128216.136, Florida Statutes, is amended to read:
129     216.136  Consensus estimating conferences; duties and
130principals.--
131     (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
132     (a)  Duties.--The Criminal Justice Estimating Conference
133shall:
134     1.  Develop such official information relating to the
135criminal justice system, including forecasts of prison
136admissions and population and of supervised felony offender
137admissions and population, as the conference determines is
138needed for the state planning and budgeting system.
139     2.  Develop such official information relating to the
140number of eligible discharges and the projected number of civil
141commitments for determining space needs pursuant to the civil
142proceedings provided under part V of chapter 394.
143     3.  Develop official information relating to the number of
144sexual offenders and sexual predators who are required by law to
145be placed on community control, probation, or conditional
146release who are subject to electronic monitoring. In addition,
147the Office of Economic and Demographic Research shall study the
148factors relating to the sentencing of sex offenders from the
149point of arrest through the imposition of sanctions by the
150sentencing court, including original charges, plea negotiations,
151trial dispositions, and sanctions. The Department of
152Corrections, the Office of the State Courts Administrator, the
153Florida Department of Law Enforcement, and the State Attorneys
154shall provide information deemed necessary for the study. The
155final report shall be provided to the President of the Senate
156and Speaker of the House by March 1, 2006.
157     Section 3.  Paragraph (b) of subsection (4), paragraph (l)
158of subsection (6), subsection (8), and subsection (10) of
159section 775.21, Florida Statutes, are amended to read:
160     775.21  The Florida Sexual Predators Act.--
161     (4)  SEXUAL PREDATOR CRITERIA.--
162     (b)  In order to be counted as a prior felony for purposes
163of this subsection, the felony must have resulted in a
164conviction sentenced separately, or an adjudication of
165delinquency entered separately, prior to the current offense and
166sentenced or adjudicated separately from any other felony
167conviction that is to be counted as a prior felony. If the
168offender's prior enumerated felony was committed more than 10
169years before the primary offense, it shall not be considered a
170prior felony under this subsection if the offender has not been
171convicted of any other crime for a period of 10 consecutive
172years from the most recent date of release from confinement,
173supervision, or sanction, whichever is later.
174     (6)  REGISTRATION.--
175     (l)  A sexual predator must maintain registration with the
176department for the duration of his or her life, unless the
177sexual predator has received a full pardon or has had a
178conviction set aside in a postconviction proceeding for any
179offense that met the criteria for the sexual predator
180designation. However, a sexual predator who was designated as a
181sexual predator by a court before October 1, 1998, and who has
182been lawfully released from confinement, supervision, or
183sanction, whichever is later, for at least 10 years and has not
184been arrested for any felony or misdemeanor offense since
185release, may petition the criminal division of the circuit court
186in the circuit in which the sexual predator resides for the
187purpose of removing the sexual predator designation. A sexual
188predator who was designated a sexual predator by a court on or
189after October 1, 1998, who has been lawfully released from
190confinement, supervision, or sanction, whichever is later, for
191at least 20 years, and who has not been arrested for any felony
192or misdemeanor offense since release may petition the criminal
193division of the circuit court in the circuit in which the sexual
194predator resides for the purpose of removing the sexual predator
195designation. A sexual predator who was designated as a sexual
196predator by a court on or after September 1, 2005, who has been
197lawfully released from confinement, supervision, or sanction,
198whichever is later, for at least 30 years, and who has not been
199arrested for any felony or misdemeanor offense since release may
200petition the criminal division of the circuit court in the
201circuit in which the sexual predator resides for the purpose of
202removing the sexual predator designation. The court may grant or
203deny such relief if the petitioner demonstrates to the court
204that he or she has not been arrested for any crime since
205release, the requested relief complies with the provisions of
206the federal Jacob Wetterling Act, as amended, and any other
207federal standards applicable to the removal of the designation
208as a sexual predator or required to be met as a condition for
209the receipt of federal funds by the state, and the court is
210otherwise satisfied that the petitioner is not a current or
211potential threat to public safety. The state attorney in the
212circuit in which the petition is filed must be given notice of
213the petition at least 3 weeks before the hearing on the matter.
214The state attorney may present evidence in opposition to the
215requested relief or may otherwise demonstrate the reasons why
216the petition should be denied. If the court denies the petition,
217the court may set a future date at which the sexual predator may
218again petition the court for relief, subject to the standards
219for relief provided in this paragraph. Unless specified in the
220order, a sexual predator who is granted relief under this
221paragraph must comply with the requirements for registration as
222a sexual offender and other requirements provided under s.
223943.0435 or s. 944.607. If a petitioner obtains an order from
224the court that imposed the order designating the petitioner as a
225sexual predator which removes such designation, the petitioner
226shall forward a certified copy of the written findings or order
227to the department in order to have the sexual predator
228designation removed from the sexual predator registry.
229
230The sheriff shall promptly provide to the department the
231information received from the sexual predator.
232     (8)  VERIFICATION.--The department and the Department of
233Corrections shall implement a system for verifying the addresses
234of sexual predators. The system must be consistent with the
235provisions of the federal Jacob Wetterling Act, as amended, and
236any other federal standards applicable to such verification or
237required to be met as a condition for the receipt of federal
238funds by the state. The Department of Corrections shall verify
239the addresses of sexual predators who are not incarcerated but
240who reside in the community under the supervision of the
241Department of Corrections. County and local law enforcement
242agencies, in conjunction with the department, shall verify the
243addresses of sexual predators who are not under the care,
244custody, control, or supervision of the Department of
245Corrections.
246     (a)  A sexual predator must report in person each year
247during the month of the sexual predator's birthday and during
248the sixth month following the sexual predator's birth month to
249the sheriff's office in the county in which he or she resides or
250is otherwise located to reregister. The sheriff's office may
251determine the appropriate times and days for reporting by the
252sexual predator, which shall be consistent with the reporting
253requirements of this paragraph. Reregistration shall include any
254changes to the following information:
255     1.  Name; social security number; age; race; sex; date of
256birth; height; weight; hair and eye color; address of any
257permanent residence and address of any current temporary
258residence, within the state or out of state, including a rural
259route address and a post office box; date and place of any
260employment; vehicle make, model, color, and license tag number;
261fingerprints; and photograph. A post office box shall not be
262provided in lieu of a physical residential address.
263     2.  If the sexual predator is enrolled, employed, or
264carrying on a vocation at an institution of higher education in
265this state, the sexual predator shall also provide to the
266department the name, address, and county of each institution,
267including each campus attended, and the sexual predator's
268enrollment or employment status.
269     3.  If the sexual predator's place of residence is a motor
270vehicle, trailer, mobile home, or manufactured home, as defined
271in chapter 320, the sexual predator shall also provide vehicle
272identification number; the license tag number; the registration
273number; and a description, including color scheme, of the motor
274vehicle, trailer, mobile home, or manufactured home. If the
275sexual predator's place of residence is a vessel, live-aboard
276vessel, or houseboat, as defined in chapter 327, the sexual
277predator shall also provide the hull identification number; the
278manufacturer's serial number; the name of the vessel, live-
279aboard vessel, or houseboat; the registration number; and a
280description, including color scheme, of the vessel, live-aboard
281vessel, or houseboat.
282     (b)  The sheriff's office shall, within 2 working days,
283electronically submit and update all information provided by the
284sexual predator to the department in a manner prescribed by the
285department. This procedure shall be implemented by December 1,
2862005.
287     (10)  PENALTIES.--.
288     (a)  Except as otherwise specifically provided, a sexual
289predator who fails to register; who fails, after registration,
290to maintain, acquire, or renew a driver's license or
291identification card; who fails to provide required location
292information or change-of-name information; who fails to make a
293required report in connection with vacating a permanent
294residence; who fails to reregister as required; who fails to
295respond to any address verification correspondence from the
296department within three weeks of the date of the correspondence;
297or who otherwise fails, by act or omission, to comply with the
298requirements of this section, commits a felony of the third
299degree, punishable as provided in s. 775.082, s. 775.083, or s.
300775.084.
301     (b)  A sexual predator who has been convicted of or found
302to have committed, or has pled nolo contendere or guilty to,
303regardless of adjudication, any violation, or attempted
304violation, of s. 787.01, s. 787.02, or s. 787.025, where the
305victim is a minor and the defendant is not the victim's parent;
306s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
307800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation
308of a similar law of another jurisdiction, when the victim of the
309offense was a minor, and who works, whether for compensation or
310as a volunteer, at any business, school, day care center, park,
311playground, or other place where children regularly congregate,
312commits a felony of the third degree, punishable as provided in
313s. 775.082, s. 775.083, or s. 775.084.
314     (c)  Any person who misuses public records information
315relating to a sexual predator, as defined in this section, or a
316sexual offender, as defined in s. 943.0435 or s. 944.607, to
317secure a payment from such a predator or offender; who knowingly
318distributes or publishes false information relating to such a
319predator or offender which the person misrepresents as being
320public records information; or who materially alters public
321records information with the intent to misrepresent the
322information, including documents, summaries of public records
323information provided by law enforcement agencies, or public
324records information displayed by law enforcement agencies on
325websites or provided through other means of communication,
326commits a misdemeanor of the first degree, punishable as
327provided in s. 775.082 or s. 775.083.
328     (d)  A sexual predator who commits any act or omission in
329violation of this section may be prosecuted for the act or
330omission in the county in which the act or omission was
331committed, the county of the last registered address of the
332sexual predator, or the county in which the conviction occurred
333for the offense or offenses that meet the criteria for
334designating a person as a sexual predator.  In addition, a
335sexual predator may be prosecuted for any such act or omission
336in the county in which he or she was designated a sexual
337predator.
338     (e)  An arrest on charges of failure to register, the
339service of an information or a complaint for a violation of this
340section, or an arraignment on charges for a violation of this
341section constitutes actual notice of the duty to register when
342the predator has been provided and advised of his or her
343statutory obligation to register under subsection (6). A sexual
344predator's failure to immediately register as required by this
345section following such arrest, service, or arraignment
346constitutes grounds for a subsequent charge of failure to
347register. A sexual predator charged with the crime of failure to
348register who asserts, or intends to assert, a lack of notice of
349the duty to register as a defense to a charge of failure to
350register shall immediately register as required by this section.
351A sexual predator who is charged with a subsequent failure to
352register may not assert the defense of a lack of notice of the
353duty to register.
354     (f)  Registration following such arrest, service, or
355arraignment is not a defense and does not relieve the sexual
356predator of criminal liability for the failure to register.
357     (g)  Any person who has reason to believe that a sexual
358predator is not complying, or has not complied, with the
359requirements of this section and who, with the intent to assist
360the sexual predator in eluding a law enforcement agency that is
361seeking to find the sexual predator to question the sexual
362predator about, or to arrest the sexual predator for, his or her
363noncompliance with the requirements of this section:
364     1.  Withholds information from, or does not notify, the law
365enforcement agency about the sexual predator's noncompliance
366with the requirements of this section, and, if known, the
367whereabouts of the sexual predator;
368     2.  Harbors, or attempts to harbor, or assists another
369person in harboring or attempting to harbor, the sexual
370predator;
371     3.  Conceals or attempts to conceal, or assists another
372person in concealing or attempting to conceal, the sexual
373predator; or
374     4.  Provides information to the law enforcement agency
375regarding the sexual predator which the person knows to be false
376information,
377
378commits a felony of the third degree, punishable as provided in
379s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
380apply if the sexual predator is incarcerated in or is in the
381custody of a state correctional facility, a private correctional
382facility, a local jail, or a federal correctional facility.
383     Section 4.  Paragraph (a) of subsection (3) of section
384775.082, Florida Statutes, is amended to read:
385     775.082  Penalties; applicability of sentencing structures;
386mandatory minimum sentences for certain reoffenders previously
387released from prison.--
388     (3)  A person who has been convicted of any other
389designated felony may be punished as follows:
390     (a)1.  For a life felony committed prior to October 1,
3911983, by a term of imprisonment for life or for a term of years
392not less than 30.
393     2.  For a life felony committed on or after October 1,
3941983, by a term of imprisonment for life or by a term of
395imprisonment not exceeding 40 years.
396     3.  Except as provided in subparagraph 4., for a life
397felony committed on or after July 1, 1995, by a term of
398imprisonment for life or by imprisonment for a term of years not
399exceeding life imprisonment.
400     4.  For a life felony committed on or after September 1,
4012005, which is a violation of s. 800.04(5)(b), by:
402     a.  A term of imprisonment for life; or
403     b.  A split sentence that is a term of not less than 25
404years imprisonment and not exceeding life imprisonment, followed
405by probation or community control for the remainder of the
406person's natural life, as provided in s. 948.012(4).
407     Section 5.  Paragraph (b) of subsection (5) of section
408800.04, Florida Statutes, is amended to read:
409     800.04  Lewd or lascivious offenses committed upon or in
410the presence of persons less than 16 years of age.--
411     (5)  LEWD OR LASCIVIOUS MOLESTATION.--
412     (b)  An offender 18 years of age or older who commits lewd
413or lascivious molestation against a victim less than 12 years of
414age commits a life felony of the first degree, punishable as
415provided in s. 775.082(3)(a)4. s. 775.082, s. 775.083, or s.
416775.084.
417     Section 6.  Paragraphs (f), (g), and (i) of subsection (3)
418of section 921.0022, Florida Statutes, are amended to read:
419     921.0022  Criminal Punishment Code; offense severity
420ranking chart.--
421     (3)  OFFENSE SEVERITY RANKING CHART  
 
FloridaFelony
422
 
StatuteDegreeDescription
423
 



424
 



425
 


(f)  LEVEL 6
426
 
316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.
427
 
499.0051(3)2ndForgery of pedigree papers.
428
 
499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.
429
 
499.0051(5)2ndSale of legend drug to unauthorized person.
430
 
775.0875(1)3rdTaking firearm from law enforcement officer.
431
 
775.21(10)3rdSexual predators; failure to register; failure to renew driver's license or identification card.
432
 
784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.
433
 
784.021(1)(b)3rdAggravated assault; intent to commit felony.
434
 
784.0413rdFelony battery.
435
 
784.048(3)3rdAggravated stalking; credible threat.
436
 
784.048(5)3rdAggravated stalking of person under 16.
437
 
784.07(2)(c)2ndAggravated assault on law enforcement officer.
438
 
784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.
439
 
784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.
440
 
784.081(2)2ndAggravated assault on specified official or employee.
441
 
784.082(2)2ndAggravated assault by detained person on visitor or other detainee.
442
 
784.083(2)2ndAggravated assault on code inspector.
443
 
787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
444
 
790.115(2)(d)2ndDischarging firearm or weapon on school property.
445
 
790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
446
 
790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
447
 
790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
448
 
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
449
 
794.05(1)2ndUnlawful sexual activity with specified minor.
450
 
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.
451
 
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
452
 
806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.
453
 
810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.
454
 
812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
455
 
812.015(9)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
456
 
812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).
457
 
817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.
458
 
817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
459
 
825.102(1)3rdAbuse of an elderly person or disabled adult.
460
 
825.102(3)(c)3rdNeglect of an elderly person or disabled adult.
461
 
825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.
462
 
825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
463
 
827.03(1)3rdAbuse of a child.
464
 
827.03(3)(c)3rdNeglect of a child.
465
 
827.071(2)&(3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
466
 
836.052ndThreats; extortion.
467
 
836.102ndWritten threats to kill or do bodily injury.
468
 
843.123rdAids or assists person to escape.
469
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
470
 
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
471
 
943.0435(9)3rdSex offenders; failure to comply with reporting requirements.
472
 
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.
473
 
944.402ndEscapes.
474
 
944.463rdHarboring, concealing, aiding escaped prisoners.
475
 
944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
476
 
951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.
477
 


(g)  LEVEL 7
478
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
479
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
480
 
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.
481
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
482
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
483
 
409.920(2)3rdMedicaid provider fraud.
484
 
456.065(2)3rdPracticing a health care profession without a license.
485
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
486
 
458.327(1)3rdPracticing medicine without a license.
487
 
459.013(1)3rdPracticing osteopathic medicine without a license.
488
 
460.411(1)3rdPracticing chiropractic medicine without a license.
489
 
461.012(1)3rdPracticing podiatric medicine without a license.
490
 
462.173rdPracticing naturopathy without a license.
491
 
463.015(1)3rdPracticing optometry without a license.
492
 
464.016(1)3rdPracticing nursing without a license.
493
 
465.015(2)3rdPracticing pharmacy without a license.
494
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
495
 
467.2013rdPracticing midwifery without a license.
496
 
468.3663rdDelivering respiratory care services without a license.
497
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
498
 
483.901(9)3rdPracticing medical physics without a license.
499
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
500
 
484.0533rdDispensing hearing aids without a license.
501
 
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.
502
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
503
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
504
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
505
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
506
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
507
 
775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
508
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
509
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
510
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
511
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
512
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
513
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
514
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
515
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
516
 
784.048(7)3rdAggravated stalking; violation of court order.
517
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
518
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
519
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
520
 
784.081(1)1stAggravated battery on specified official or employee.
521
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
522
 
784.083(1)1stAggravated battery on code inspector.
523
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
524
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
525
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
526
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
527
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
528
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
529
 
796.032ndProcuring any person under 16 years for prostitution.
530
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
531
 
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.
532
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
533
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
534
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
535
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
536
 
812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
537
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
538
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
539
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
540
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
541
 
812.131(2)(a)2ndRobbery by sudden snatching.
542
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
543
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
544
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
545
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
546
 
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.
547
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
548
 
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.
549
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
550
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
551
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
552
 
838.0152ndBribery.
553
 
838.0162ndUnlawful compensation or reward for official behavior.
554
 
838.021(3)(a)2ndUnlawful harm to a public servant.
555
 
838.222ndBid tampering.
556
 
872.062ndAbuse of a dead human body.
557
 
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.
558
 
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.
559
 
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).
560
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
561
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
562
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
563
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
564
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
565
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
566
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
567
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
568
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
569
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
570
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
571
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
572
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
573
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
574
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
575
 
943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
576
 
943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
577
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
578
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
579
 
944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
580
 
944.607(13)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
581
 


(i)  LEVEL 9
582
 
316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.
583
 
327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.
584
 
499.00531stSale or purchase of contraband legend drugs resulting in great bodily harm.
585
 
560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
586
 
560.125(5)(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
587
 
655.50(10)(b)3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
588
 
775.08441stAggravated white collar crime.
589
 
782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.
590
 
782.04(3)1st,PBLAccomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
591
 
782.051(1)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
592
 
782.07(2)1stAggravated manslaughter of an elderly person or disabled adult.
593
 
787.01(1)(a)1.1st,PBLKidnapping; hold for ransom or reward or as a shield or hostage.
594
 
787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
595
 
787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
596
 
787.02(3)(a)1stFalse imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
597
 
790.1611stAttempted capital destructive device offense.
598
 
790.166(2)1st,PBLPossessing, selling, using, or attempting to use a weapon of mass destruction.
599
 
794.011(2)1stAttempted sexual battery; victim less than 12 years of age.
600
 
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
601
 
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
602
 
794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
603
 
800.04(5)(b)Life 1stLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
604
 
812.13(2)(a)1st,PBLRobbery with firearm or other deadly weapon.
605
 
812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.
606
 
812.135(2)(b)1stHome-invasion robbery with weapon.
607
 
817.568(7)2nd,PBLFraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
608
 
827.03(2)1stAggravated child abuse.
609
 
847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.
610
 
847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.
611
 
859.011stPoisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
612
 
893.1351stAttempted capital trafficking offense.
613
 
893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.
614
 
893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
615
 
893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
616
 
893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.
617
 
893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.
618
 
893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.
619
 
893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
620
 
893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
621
 
893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.
622
 
896.101(5)(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.
623
 
896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
624
625
626     Section 7.  Paragraph (o) is added to subsection (5) of
627section 921.141, Florida Statutes, to read:
628     921.141  Sentence of death or life imprisonment for capital
629felonies; further proceedings to determine sentence.--
630     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
631shall be limited to the following:
632     (o)  The capital felony was committed by a person
633designated as a sexual predator pursuant to s. 775.21 or a
634person previously designated as a sexual predator who had the
635sexual-predator designation removed.
636     Section 8.  Subsection (5) is added to section 943.043,
637Florida Statutes, to read:
638     943.043  Toll-free telephone number; Internet notification;
639sexual predator and sexual offender information.--
640     (5)  In an effort to ensure that sexual predators and
641sexual offenders who fail to respond to address-verification
642attempts or who otherwise abscond from registration are located
643in a timely manner, the department shall share information with
644local law enforcement agencies. The department shall use
645analytical resources to assist local law enforcement agencies to
646determine the potential whereabouts of any sexual predator or
647sexual offender who fails to respond to address-verification
648attempts or who otherwise absconds from registration. The
649department shall review and analyze all available information
650concerning any such predator or offender who fails to respond to
651address-verification attempts or who otherwise absconds from
652registration and provide the information to local law
653enforcement agencies in order to assist the agencies in locating
654and apprehending the sexual predator or sexual offender.
655     Section 9.  Subsections (13) and (14) are added to section
656943.0435, Florida Statutes, to read:
657     943.0435  Sexual offenders required to register with the
658department; penalty.--
659     (13)  Any person who has reason to believe that a sexual
660offender is not complying, or has not complied, with the
661requirements of this section and who, with the intent to assist
662the sexual offender in eluding a law enforcement agency that is
663seeking to find the sexual offender to question the sexual
664offender about, or to arrest the sexual offender for, his or her
665noncompliance with the requirements of this section:
666     1.  Withholds information from, or does not notify, the law
667enforcement agency about the sexual offender's noncompliance
668with the requirements of this section, and, if known, the
669whereabouts of the sexual offender;
670     2.  Harbors, or attempts to harbor, or assists another
671person in harboring or attempting to harbor, the sexual
672offender; or
673     3.  Conceals or attempts to conceal, or assists another
674person in concealing or attempting to conceal, the sexual
675offender; or
676     4.  Provides information to the law enforcement agency
677regarding the sexual offender that the person knows to be false
678information,
679
680commits a felony of the third degree, punishable as provided in
681s. 775.082, s. 775.083, or s. 775.084.
682     (14)(a)  A sexual offender must report in person each year
683during the month of the sexual offender's birthday and during
684the sixth month following the sexual offender's birth month to
685the sheriff's office in the county in which he or she resides or
686is otherwise located to reregister. The sheriff's office may
687determine the appropriate times and days for reporting by the
688sexual offender, which shall be consistent with the reporting
689requirements of this paragraph. Reregistration shall include any
690changes to the following information:
691     1.  Name; social security number; age; race; sex; date of
692birth; height; weight; hair and eye color; address of any
693permanent residence and address of any current temporary
694residence, within the state or out of state, including a rural
695route address and a post office box; date and place of any
696employment; vehicle make, model, color, and license tag number;
697fingerprints; and photograph. A post office box shall not be
698provided in lieu of a physical residential address.
699     2.  If the sexual offender is enrolled, employed, or
700carrying on a vocation at an institution of higher education in
701this state, the sexual offender shall also provide to the
702department the name, address, and county of each institution,
703including each campus attended, and the sexual offender's
704enrollment or employment status.
705     3.  If the sexual offender's place of residence is a motor
706vehicle, trailer, mobile home, or manufactured home, as defined
707in chapter 320, the sexual offender shall also provide vehicle
708identification number; the license tag number; the registration
709number; and a description, including color scheme, of the motor
710vehicle, trailer, mobile home, or manufactured home. If the
711sexual offender's place of residence is a vessel, live-aboard
712vessel, or houseboat, as defined in chapter 327, the sexual
713offender shall also provide the hull identification number; the
714manufacturer's serial number; the name of the vessel, live-
715aboard vessel, or houseboat; the registration number; and a
716description, including color scheme, of the vessel, live-aboard
717vessel or houseboat.
718     4.  Any sexual offender who fails to report in person as
719required at the sheriff's office, or who fails to respond to any
720address verification correspondence from the department within
721three weeks of the date of the correspondence, commits a felony
722of the third degree, punishable as provided in s. 775.082, s.
723775.083, or s. 775.084.
724     (b)  The sheriff's office shall, within 2 working days,
725electronically submit and update all information provided by the
726sexual offender to the department in a manner prescribed by the
727department. This procedure shall be implemented by December 1,
7282005.
729     Section 10.  Section 943.04352, Florida Statutes, is
730created to read:
731     943.04352  Search of registration information regarding
732sexual predators and sexual offenders required when placement on
733misdemeanor probation.--When the court places a defendant on
734misdemeanor probation pursuant to ss. 948.01 and 948.15, the
735public or private entity providing probation services must
736conduct a search of the probationer's name or other identifying
737information against the registration information regarding
738sexual predators and sexual offenders maintained by the
739Department of Law Enforcement under s. 943.043. The probation
740services provider may conduct the search using the Internet site
741maintained by the Department of Law Enforcement.
742     Section 11.  Subsections (12) and (13) are added to section
743944.607, Florida Statutes, to read:
744     944.607  Notification to Department of Law Enforcement of
745information on sexual offenders.--
746     (12)  Any person who has reason to believe that a sexual
747offender is not complying, or has not complied, with the
748requirements of this section and who, with the intent to assist
749the sexual offender in eluding a law enforcement agency that is
750seeking to find the sexual offender to question the sexual
751offender about, or to arrest the sexual offender for, his or her
752noncompliance with the requirements of this section:
753     1.  Withholds information from, or does not notify, the law
754enforcement agency about the sexual offender's non-compliance
755with the requirements of this section, and, if known, the
756whereabouts of the sexual offender;
757     2.  Harbors, or attempts to harbor, or assists another
758person in harboring or attempting to harbor, the sexual
759offender; or
760     3.  Conceals or attempts to conceal, or assists another
761person in concealing or attempting to conceal, the sexual
762offender; or
763     4.  Provides information to the law enforcement agency
764regarding the sexual offender which the person knows to be false
765information,
766
767commits a felony of the third degree, punishable as provided in
768s. 775.082, s. 775.083, or s. 775.084. This subsection does not
769apply if the sexual offender is incarcerated in or is in the
770custody of a state correctional facility, a private correctional
771facility, a local jail, or a federal correctional facility.
772     (13)(a)  A sexual offender must report in person each year
773during the month of the sexual offender's birthday and during
774the sixth month following the sexual offender's birth month to
775the sheriff's office in the county in which he or she resides or
776is otherwise located to reregister. The sheriff's office may
777determine the appropriate times and days for reporting by the
778sexual offender, which shall be consistent with the reporting
779requirements of this paragraph. Reregistration shall include any
780changes to the following information:
781     1.  Name; social security number; age; race; sex; date of
782birth; height; weight; hair and eye color; address of any
783permanent residence and address of any current temporary
784residence, within the state or out of state, including a rural
785route address and a post office box; date and place of any
786employment; vehicle make, model, color, and license tag number;
787fingerprints; and photograph. A post office box shall not be
788provided in lieu of a physical residential address.
789     2.  If the sexual offender is enrolled, employed, or
790carrying on a vocation at an institution of higher education in
791this state, the sexual offender shall also provide to the
792department the name, address, and county of each institution,
793including each campus attended, and the sexual offender's
794enrollment or employment status.
795     3.  If the sexual offender's place of residence is a motor
796vehicle, trailer, mobile home, or manufactured home, as defined
797in chapter 320, the sexual offender shall also provide vehicle
798identification number; the license tag number; the registration
799number; and a description, including color scheme, of the motor
800vehicle, trailer, mobile home, or manufactured home. If the
801sexual offender's place of residence is a vessel, live-aboard
802vessel, or houseboat, as defined in chapter 327, the sexual
803offender shall also provide the hull identification number; the
804manufacturer's serial number; the name of the vessel, live-
805aboard vessel, or houseboat; the registration number; and a
806description, including color scheme, of the vessel, live-aboard
807vessel, or houseboat.
808     4.  Any sexual offender who fails to report in person as
809required at the sheriff's office, or who fails to respond to any
810address verification correspondence from the department within
811three weeks of the date of the correspondence, commits a felony
812of the third degree, punishable as provided in s. 775.082, s.
813775.083, and s. 775.084.
814     (b)  The sheriff's office shall, within 2 working days,
815electronically submit and update all information provided by the
816sexual offender to the Florida Department of Law Enforcement in
817a manner prescribed by the Florida Department of Law
818Enforcement. This procedure shall be implemented by December 1,
8192005.
820     Section 12.  Subsection (10) is added to section 947.1405,
821Florida Statutes, to read:
822     947.1405  Conditional release program.--
823     (10)  Effective for a releasee whose crime was committed on
824or after September 1, 2005, in violation of chapter 794, s.
825800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
826unlawful activity involved a victim who was 15 years of age or
827younger and the offender is 18 years of age or older or for a
828releasee who is designated as a sexual predator pursuant to s.
829775.21, in addition to any other provision of this section, the
830commission must order electronic monitoring for the duration of
831the releasee's supervision.
832     Section 13.  Subsection (4) of section 948.06, Florida
833Statutes, is amended to read:
834     948.06  Violation of probation or community control;
835revocation; modification; continuance; failure to pay
836restitution or cost of supervision.--
837     (4)  Notwithstanding any other provision of this section, a
838probationer or an offender in community control who is arrested
839for violating his or her probation or community control in a
840material respect may be taken before the court in the county or
841circuit in which the probationer or offender was arrested. That
842court shall advise him or her of such charge of a violation and,
843if such charge is admitted, shall cause him or her to be brought
844before the court which granted the probation or community
845control. If such violation is not admitted by the probationer or
846offender, the court may commit him or her or release him or her
847with or without bail to await further hearing. However, if the
848probationer or offender is under supervision for any criminal
849offense proscribed in chapter 794, s. 800.04(4), s. 800.04(5),
850s. 800.04(6), s. 827.071, or s. 847.0145, or is a registered
851sexual predator or a registered sexual offender, or is under
852supervision for a criminal offense for which he or she would
853meet the registration criteria in s. 775.21, s. 943.0435, or s.
854944.607 but for the effective date of those sections, the court
855must make a finding that the probationer or offender is not a
856danger to the public prior to release with or without bail. In
857determining the danger posed by the offender or probationer's
858release, the court may consider the nature and circumstances of
859the violation and any new offenses charged; the offender or
860probationer's past and present conduct, including convictions of
861crimes; any record of arrests without conviction for crimes
862involving violence or sexual crimes; any other evidence of
863allegations of unlawful sexual conduct or the use of violence by
864the offender or probationer; the offender or probationer's
865family ties, length of residence in the community, employment
866history, and mental condition; his or her history and conduct
867during the probation or community control supervision from which
868the violation arises and any other previous supervisions,
869including disciplinary records of previous incarcerations; the
870likelihood that the offender or probationer will engage again in
871a criminal course of conduct; the weight of the evidence against
872the offender or probationer; and any other facts the court
873considers relevant.  The court, as soon as is practicable, shall
874give the probationer or offender an opportunity to be fully
875heard on his or her behalf in person or by counsel. After such
876hearing, the court shall make findings of fact and forward the
877findings to the court which granted the probation or community
878control and to the probationer or offender or his or her
879attorney. The findings of fact by the hearing court are binding
880on the court which granted the probation or community control.  
881Upon the probationer or offender being brought before it, the
882court which granted the probation or community control may
883revoke, modify, or continue the probation or community control
884or may place the probationer into community control as provided
885in this section.
886     Section 14.  Subsection 948.012, Florida Statutes, is
887amended to read:
888     948.012  Split sentence of probation or community control
889and imprisonment.--
890     (1)  Whenever punishment by imprisonment for a misdemeanor
891or a felony, except for a capital felony, is prescribed, the
892court, in its discretion, may, at the time of sentencing, impose
893a split sentence whereby the defendant is to be placed on
894probation or, with respect to any such felony, into community
895control upon completion of any specified period of such sentence
896which may include a term of years or less. In such case, the
897court shall stay and withhold the imposition of the remainder of
898sentence imposed upon the defendant and direct that the
899defendant be placed upon probation or into community control
900after serving such period as may be imposed by the court. The
901period of probation or community control shall commence
902immediately upon the release of the defendant from
903incarceration, whether by parole or gain-time allowances.
904     (2)  The court may also impose a split sentence whereby the
905defendant is sentenced to a term of probation which may be
906followed by a period of incarceration or, with respect to a
907felony, into community control, as follows:
908     (a)  If the offender meets the terms and conditions of
909probation or community control, any term of incarceration may be
910modified by court order to eliminate the term of incarceration.
911     (b)  If the offender does not meet the terms and conditions
912of probation or community control, the court may revoke, modify,
913or continue the probation or community control as provided in s.
914948.06. If the probation or community control is revoked, the
915court may impose any sentence that it could have imposed at the
916time the offender was placed on probation or community control.
917The court may not provide credit for time served for any portion
918of a probation or community control term toward a subsequent
919term of probation or community control. However, the court may
920not impose a subsequent term of probation or community control
921which, when combined with any amount of time served on preceding
922terms of probation or community control for offenses pending
923before the court for sentencing, would exceed the maximum
924penalty allowable as provided in s. 775.082. Such term of
925incarceration shall be served under applicable law or county
926ordinance governing service of sentences in state or county
927jurisdiction. This paragraph does not prohibit any other
928sanction provided by law.
929     (3)  The court may also impose split probation whereby,
930upon satisfactory completion of half the term of probation, the
931Department of Corrections may place the offender on
932administrative probation for the remainder of the term of
933supervision.
934     (4)  Effective for offenses committed on or after September
9351, 2005, the court must impose a split sentence pursuant to
936subsection (1) for any person who is convicted of a life felony
937for lewd and lascivious molestation pursuant to s. 800.04(5)(b)
938if the court imposes a term of years in accordance with s.
939775.082(3)4.b. rather than life imprisonment. The probation or
940community control portion of the split sentence imposed by the
941court for a defendant must extend for the duration of the
942defendant's natural life and include a condition that he or she
943be electronically monitored.
944     Section 15.  Section 948.061, Florida Statutes, is created
945to read:
946     948.061  Identifying, assessing, and monitoring high-risk
947sex offenders on community supervision; providing cumulative
948criminal and supervision histories on the Internet.--
949     (1)  By December 1, 2005, the department shall develop a
950graduated risk assessment that identifies, assesses, and closely
951monitors a high-risk sex offender who is placed on probation or
952in community control and who:
953     (a)  Has previously been placed on probation or in
954community control and has a history of committing multiple
955violations of community supervision in this state or in any
956other jurisdiction or have previously been incarcerated in this
957state or in any other jurisdiction; and
958     (b)  Has experienced more than one of the following risk
959factors that could potentially make the offender more likely to
960pose a danger to others:
961     1.  Previous conviction for domestic violence;
962     2.  History of substance abuse;
963     3.  Unemployment or substantial financial difficulties;
964     4.  Previous conviction for  violence or sex acts against
965children, particularly involving strangers; or
966     5.  Any other risk factor identified by the department.
967     (2)  To facilitate the information available to the court
968at first appearance hearings and at all subsequent hearings for
969these high-risk sex offenders, the department shall, no later
970than March 1, 2006, post on FDLE's Criminal Justice Intranet a
971cumulative chronology of the sex offender's prior terms of state
972probation and community control, including all substantive or
973technical violations of state probation or community control.
974The county jail in the county where the arrested person is
975booked shall insure that state and national criminal history
976information and all criminal justice information available in
977the Florida Crime Information Center and the National Crime
978Information Center, is provided to the court at the time of the
979first appearance. The courts shall assist the department's
980dissemination of critical information by creating and
981maintaining an automated system to provide the information as
982specified in this subsection and by providing the necessary
983technology in the courtroom to deliver the information.
984     (3)  In monitoring the location of high-risk sex offenders,
985the department, shall, no later than October 1, 2006, have
986fingerprint-reading equipment and capability that will
987immediately identify the probationer or community controllee
988when they report to their designated probation officer and alert
989department probation officials when probationers and community
990controllees are subsequently rearrested.
991     Section 16.  Section 948.062, Florida Statutes, is created
992to read:
993     948.062  Reviewing and reporting serious offenses committed
994by offenders placed on probation or community control.--
995     (1)  The department shall review the circumstances related
996to an offender placed on probation or community control who has
997been arrested while on supervision for the following offenses:
998     (a)  Any murder as provided in s. 782.04;
999     (b)  Any sexual battery as provided in s. 794.011 or s.
1000794.023;
1001     (c)  Any sexual performance by a child as provided in s.
1002827.071;
1003     (d)  Any kidnapping, false imprisonment, or luring of a
1004child as provided in s. 787.01, s. 782.07, or s. 787.025;
1005     (e)  Any lewd and lascivious battery or lewd and lascivious
1006molestation as provided in s. 800.04(4) or s. 800.04(5);
1007     (f)  Any aggravated child abuse as provided in s.
1008827.03(2);
1009     (g)  Any robbery with a firearm or other deadly weapon,
1010home invasion robbery, or carjacking as provided in s.
1011812.13(2)(a), s. 812.135, or s. 812.133;
1012     (h)  Any aggravated stalking as provided in s. 784.048(3),
1013(4), or (5);
1014     (i)  Any forcible felony as provided in s. 776.08,
1015committed by any person on probation or community control who is
1016designated as a sexual predator; or
1017     (j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
1018or vehicular or vessel homicide as provided in s. 782.071 or s.
1019787.072, committed by any person who is on probation or
1020community control for an offense involving death or injury
1021resulting from a driving incident.
1022     (2)  The department shall provide a statistical data
1023summary from these reviews to the Office of Program Policy
1024Analysis and Government Accountability. The Office of Program
1025Policy Analysis and Government Accountability shall analyze this
1026data and provide a written report to the President of the Senate
1027and the Speaker of the House of Representatives by March 1,
10282006. The report must include, at a minimum, any identified
1029systemic deficiencies in managing high-risk offenders on
1030community supervision; any patterns of noncompliance by
1031correctional probation officers; and recommendations for
1032improving the community supervision program.
1033     Section 17.  Section 948.063, Florida Statutes, is created
1034to read:
1035     948.063  Violations of probation or community control by
1036designated sexual offenders and sexual predators.--If probation
1037or community control is revoked by the court pursuant to s.
1038948.06(2)(e) and the offender is designated as a sexual offender
1039or sexual predator pursuant to s. 775.21 for unlawful sexual
1040activity involving a victim 15 years of age or younger and the
1041offender is 18 years of age or older, and if the court imposes a
1042subsequent term of supervision following the revocation of
1043probation or community control, the court must order electronic
1044monitoring as a condition of the subsequent term of probation or
1045community control.
1046     Section 18.  Section 948.11, Florida Statutes, is amended
1047to read:
1048     948.11  Electronic monitoring devices.--
1049     (1)(a)  The Department of Corrections may, at its
1050discretion, electronically monitor an offender sentenced to
1051community control.
1052     (b)  The Department of Corrections shall electronically
1053monitor an offender sentenced to criminal quarantine community
1054control 24 hours per day.
1055     (2)  Any offender placed on community control who violates
1056the terms and conditions of community control and is restored to
1057community control may be supervised by means of an electronic
1058monitoring device or system.
1059     (3)  For those offenders being electronically monitored,
1060the Department of Corrections shall develop procedures to
1061determine, investigate, and report the offender's noncompliance
1062with the terms and conditions of sentence 24 hours per day. All
1063reports of noncompliance shall be immediately investigated by a
1064community control officer.
1065     (4)  The Department of Corrections may contract with local
1066law enforcement agencies to assist in the location and
1067apprehension of offenders who are in noncompliance as reported
1068by the electronic monitoring system. This contract is intended
1069to provide the department a means for providing immediate
1070investigation of noncompliance reports, especially after normal
1071office hours.
1072     (5)  Any person being electronically monitored by the
1073department as a result of placement on community control shall
1074be required to pay a surcharge as provided in s. 948.09(2).
1075     (6)  For probationers, community controllees, or
1076conditional releasees who have current or prior convictions for
1077violent or sexual offenses, the department, in carrying out a
1078court or commission order to electronically monitor an offender,
1079must use a system that actively monitors and identifies the
1080offender's location and timely reports or records the offender's
1081presence near or within a crime scene or in a prohibited area or
1082the offender's departure from specified geographic limitations.
1083Procurement of electronic monitoring services under this
1084subsection shall be by invitation to bid as defined in s.
1085287.057.
1086     (7)  A person who intentionally alters, tampers with,
1087damages or destroys any electronic monitoring equipment pursuant
1088to court or commission order, unless such person is the owner of
1089the equipment, or an agent of the owner, performing ordinary
1090maintenance and repairs commits a felony of the third degree,
1091punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1092     Section 19.  Section 948.15, Florida Statutes, is amended
1093to read:
1094     948.15  Misdemeanor probation services.--
1095     (1)  Defendants found guilty of misdemeanors who are placed
1096on probation shall be under supervision not to exceed 6 months
1097unless otherwise specified by the court.  In relation to any
1098offense other than a felony in which the use of alcohol is a
1099significant factor, the period of probation may be up to 1 year.
1100     (2)  A private entity or public entity under the
1101supervision of the board of county commissioners or the court
1102may provide probation services for offenders sentenced by the
1103county court.
1104     (3)  Any private entity providing services for the
1105supervision of misdemeanor probationers must contract with the
1106county in which the services are to be rendered. In a county
1107with a population of less than 70,000, the county court judge,
1108or the administrative judge of the county court in a county that
1109has more than one county court judge, must approve the contract.
1110Terms of the contract must state, but are not limited to:
1111     (a)  The extent of the services to be rendered by the
1112entity providing supervision or rehabilitation.
1113     (b)  Staff qualifications and criminal record checks of
1114staff in accordance with essential standards established by the
1115American Correctional Association as of January 1, 1991.
1116     (c)  Staffing levels.
1117     (d)  The number of face-to-face contacts with the offender.
1118     (e)  Procedures for handling the collection of all offender
1119fees and restitution.
1120     (f)  Procedures for handling indigent offenders which
1121ensure placement irrespective of ability to pay.
1122     (g)  Circumstances under which revocation of an offender's
1123probation may be recommended.
1124     (h)  Reporting and recordkeeping requirements.
1125     (i)  Default and contract termination procedures.
1126     (j)  Procedures that aid offenders with job assistance.
1127     (k)  Procedures for accessing criminal history records of
1128probationers.
1129
1130In addition, the entity shall supply the chief judge's office
1131with a quarterly report summarizing the number of offenders
1132supervised by the private entity, payment of the required
1133contribution under supervision or rehabilitation, and the number
1134of offenders for whom supervision or rehabilitation will be
1135terminated. All records of the entity must be open to inspection
1136upon the request of the county, the court, the Auditor General,
1137the Office of Program Policy Analysis and Government
1138Accountability, or agents thereof.
1139     (4)  A private entity that provides court-ordered services
1140to offenders and that charges a fee for such services must
1141register with the board of county commissioners in the county in
1142which the services are offered. The entity shall provide the
1143following information for each program it operates:
1144     (a)  The length of time the program has been operating in
1145the county.
1146     (b)  A list of the staff and a summary of their
1147qualifications.
1148     (c)  A summary of the types of services that are offered
1149under the program.
1150     (d)  The fees the entity charges for court-ordered services
1151and its procedures, if any, for handling indigent offenders.
1152     (5)  The private entity providing misdemeanor supervision
1153services shall also comply with all other applicable provisions
1154of law.
1155     Section 20.  Subsection (2) of section 948.30, Florida
1156Statutes, is amended and subsection (3) is added to that section
1157to read:
1158     948.30  Additional terms and conditions of probation or
1159community control for certain sex offenses.--Conditions imposed
1160pursuant to this section do not require oral pronouncement at
1161the time of sentencing and shall be considered standard
1162conditions of probation or community control for offenders
1163specified in this section.
1164     (2)  Effective for a probationer or community controllee
1165whose crime was committed on or after October 1, 1997, and who
1166is placed on community control or sex offender probation for a
1167violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
1168in addition to any other provision of this subsection, the court
1169must impose the following conditions of probation or community
1170control:
1171     (a)  As part of a treatment program, participation at least
1172annually in polygraph examinations to obtain information
1173necessary for risk management and treatment and to reduce the
1174sex offender's denial mechanisms. A polygraph examination must
1175be conducted by a polygrapher trained specifically in the use of
1176the polygraph for the monitoring of sex offenders, where
1177available, and shall be paid for by the sex offender. The
1178results of the polygraph examination shall not be used as
1179evidence in court to prove that a violation of community
1180supervision has occurred.
1181     (b)  Maintenance of a driving log and a prohibition against
1182driving a motor vehicle alone without the prior approval of the
1183supervising officer.
1184     (c)  A prohibition against obtaining or using a post office
1185box without the prior approval of the supervising officer.
1186     (d)  If there was sexual contact, a submission to, at the
1187probationer's or community controllee's expense, an HIV test
1188with the results to be released to the victim or the victim's
1189parent or guardian.
1190     (e)  Electronic monitoring when deemed necessary by the
1191community control or probation officer and his or her
1192supervisor, and ordered by the court at the recommendation of
1193the Department of Corrections.
1194     (3)  Effective for a probationer or community controllee
1195whose crime was committed on or after September 1, 2005, and
1196who:
1197     (a)  Is placed on probation or community control for a
1198violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
1199or s. 847.0145 and the unlawful sexual activity involved a
1200victim 15 years of age or younger and the offender is 18 years
1201of age or older;
1202     (b)  Is designated a sexual predator pursuant to s. 775.21;
1203or
1204     (c)  Has previously been convicted of a violation of
1205chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
1206847.0145 and the unlawful sexual activity involved a victim 15
1207years of age or younger and the offender is 18 years of age or
1208older,
1209
1210the court must order, in addition to any other provision of this
1211section, mandatory electronic monitoring as a condition of the
1212probation or community control supervision.
1213     Section 21.  Subsection (1) of section 1012.465, Florida
1214Statutes, is amended to read:
1215     1012.465  Background screening requirements for certain
1216noninstructional school district employees and contractors.--
1217     (1)  Noninstructional school district employees or
1218contractual personnel who are permitted access on school grounds
1219when students are present, who have direct contact with students
1220or who have access to or control of school funds must meet level
12212 screening requirements as described in s. 1012.32. Contractual
1222personnel shall include any vendor, individual, or entity under
1223contract with the school board.
1224     Section 22.  (1)(a)  There is created within the Department
1225of Law Enforcement a task force for the purpose of examining the
1226collection and dissemination of offender information within the
1227criminal justice system and community. The task force shall
1228recommend strategies and actions that may be implemented to
1229enhance coordination and cooperation among the various entities
1230within the criminal justice system with a common goal of public
1231safety.
1232     (b)  The task force shall consist of the membership of the
1233Criminal Justice Information Systems Council set forth in
1234section 943.06, Florida Statutes.
1235     (2)(a)  The task force shall study and take testimony
1236regarding:
1237     1.  The collection and dissemination of offender
1238information, including criminal history and any other pertinent
1239matters, to the court, the prosecuting attorney, and defense
1240counsel at first appearance hearings.
1241     2.  The collection and dissemination of offender
1242information, including criminal history and any other pertinent
1243matters, to the court, the prosecuting attorney and defense
1244counsel at all court appearances subsequent to first appearance.
1245     3.  The collection and dissemination of offender
1246information, including criminal history and any other pertinent
1247matters, to county probation officers or officials.
1248     4.  Any other subject that the task force deems relevant to
1249the collection and dissemination of offender information within
1250the criminal justice system and community.
1251     (b)  The task force shall submit a preliminary draft report
1252of its findings and recommendations to the Governor, the
1253President of the Senate, and the Speaker of the House of
1254Representatives at least 45 days before the first day of the
12552006 regular session of the Legislature. The final report shall
1256be filed with the Governor, the President of the Senate, and the
1257Speaker of the House of Representatives at least 30 days before
1258the first day of the 2006 regular session. In addition to the
1259findings and recommendations included in the final report, the
1260report must include a draft of proposed rules and proposed
1261legislation for any recommendations requiring proposed rules and
1262proposed legislation.
1263     (c)  Each state agency shall fully cooperate with the task
1264force in the performance of its duties.
1265     (3)  All meetings of the task force and all business of the
1266task force for which reimbursement may be requested shall be
1267concluded before the final report is filed. The task force is
1268abolished July 1, 2006.
1269     Section 23.  The Office of Program Policy Analysis and
1270Governmental Accountability shall, every 3 years, perform a
1271study of the effectiveness of Florida's sexual predator and
1272sexual offender registration process and community and public
1273notification provisions. As part of determining the
1274effectiveness os the registration process, the OPPAGA shall
1275examine the current practices of: the Department of Corrections,
1276county probation offices, clerk of courts, court administrators,
1277county jails and booking facilities, Department of Children and
1278Family Services, judges, state attorneys offices, Department of
1279Highway Safety and Motor Vehicles, Department of Law
1280Enforcement, and local law enforcement agencies as they relate
1281to: sharing of offender information regarding registered sexual
1282predators and sexual offenders for purposes of fulfilling the
1283requirements set fourth in the registration laws; ensuring the
1284most accurate, current and comprehensive information is provided
1285in a timely manner to the registry; ensuring the effective
1286supervision and subsequent monitoring of sexual predators and
1287offenders; and ensuring informed decisions are made at each
1288point of the criminal justice and registration process. In
1289addition to determining the effectiveness of the registration
1290process, the report shall focus on the question of whether the
1291notification provisions in statute are sufficient to apprise
1292communities of the presence of sexual predators and sexual
1293offenders. The report shall examine how local law enforcement
1294agencies collect and disseminate information in an effort to
1295notify the public and communities of the presence of sexual
1296predators and offenders. If the report finds deficiencies in the
1297registration process, the notification provisions, or both, the
1298report shall provide options for correcting those deficiencies
1299and shall include the projected cost of implementing those
1300options. In conducting the study, the Office of Program Policy
1301Analysis and Governmental Accountability shall consult with the
1302Florida Council Against Sexual Violence and the Florida
1303Association for the Treatment of Sexual Abusers in addition to
1304other interested entities that may offer experiences and
1305perspectives unique to this area of research. The report shall
1306be submitted to the President of the Senate and the Speaker of
1307the House of Representatives by January 1, 2006.
1308     Section 24.  Four full-time positions are authorized and
1309the sum of $196,908 in recurring funds is appropriated from the
1310General Revenue Fund to the Department of Corrections in
1311salaries and benefits for the 2005-2006 fiscal year. The sum of
1312$15,840 in recurring funds is appropriated from the General
1313Revenue Fund to the Department of Corrections for salary
1314incentive payments for the 2005-2006 fiscal year. The sums of
1315$26,052 in recurring funds and $12,920 in nonrecurring funds are
1316appropriated from the General Revenue Fund to the Department of
1317Corrections for expenses for the 2005-2006 fiscal year. The sum
1318of $121,114 in nonrecurring funds is appropriated from the
1319General Revenue Fund to the Department of Corrections for other
1320capital outlay for the 2005-2006 fiscal year. The sum of
1321$3,169,530 in nonrecurring funds is appropriated from the
1322General Revenue Fund to the Department of Corrections for fixed
1323capital outlay for new prison beds, and the sum of $164,673 in
1324recurring funds is appropriated from the General Revenue Fund to
1325the Department of Corrections for operating costs for the 2005-
13262006 fiscal year.
1327     Section 25.  The sum of $3,928,860 in recurring funds is
1328appropriated from the General Revenue Fund to the Department of
1329Corrections for the 2005-2006 fiscal year for the purpose of
1330increasing by 1,200 units the number of active Global
1331Positioning System electronic monitoring devices available to
1332the court when placing offenders on felony probation or other
1333forms of community supervision authorized in chapters 948 and
1334947, Florida Statutes. Procurement of electronic monitoring
1335services under this act shall be by invitation to bid as defined
1336in section 287.057, Florida Statutes.
1337     Section 26.  Nine full-time positions are authorized and
1338the sum of $389,905 in recurring funds is appropriated from the
1339General Revenue Fund to the Department of Law Enforcement for
1340salaries and benefits for the 2005-2006 fiscal year. The sums of
1341$58,617 in recurring funds and $77,070 in nonrecurring funds are
1342appropriated from the General Revenue Fund to the Department of
1343Law Enforcement for expenses for the 2005-2006 fiscal year. The
1344sum of $94,200 in nonrecurring funds is appropriated from the
1345General Revenue Fund to the Department of Law Enforcement for
1346operating capital outlay for the 2005-06 fiscal year.  The sums
1347of $143,000 in recurring funds and $521,000 in nonrecurring
1348funds are appropriated from the General Revenue Fund to the
1349Department of Law Enforcement for other personal services for
1350the 2005-2006 fiscal year.
1351     Section 27.  The sums of $509,500 in recurring funds and
1352$2,520,500 in nonrecurring funds are appropriated from the
1353General Revenue Fund to the Office of State Courts Administrator
1354for the 2005-2006 fiscal year for other data processing
1355services.
1356     Section 28.  This act shall take effect September 1, 2005.


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