_h7035__
HB 7035

1
A bill to be entitled
2An act relating to criminal justice; repealing s. 16.07,
3F.S., relating to a prohibition on the Attorney General
4collecting any fee for defending any supposed offender;
5repealing s. 30.11, F.S., relating to a sheriff's or
6deputy's required place of residence; amending ss. 384.34
7and 796.08, F.S.; removing references to conform to
8changes made by the act; amending s. 775.0877, F.S.;
9removing penalty provisions relating to criminal
10transmission of HIV; amending s. 893.13, F.S.; removing
11penalty provisions relating to obsolete community
12residential drug punishment centers; amending s. 921.187,
13F.S.; removing sentencing provisions relating to community
14residential drug punishment centers and quarantine of
15offenders convicted of criminal transmission of HIV;
16repealing s. 944.293, F.S., relating to initiation of
17restoration of civil rights; amending s. 948.001, F.S.;
18removing the definition of the term "criminal quarantine
19community control"; repealing s. 948.034, F.S., relating
20to community residential drug punishment centers;
21repealing s. 948.0345, F.S., relating to community service
22alternative to fines; amending s. 984.04, F.S.; removing a
23reference to conform to changes made by the act; amending
24ss. 948.101 and 948.11, F.S.; removing references to
25criminal quarantine community control; repealing s.
26957.125, F.S., relating to authorization for the
27Correctional Privatization Commission to contract for
28youthful offender correctional facilities; repealing s.
29985.4891, F.S., relating to sheriff's training and respect
30programs; amending ss. 958.046, 985.445, 985.47, 985.483,
31985.494, and 985.645, F.S.; conforming provisions to the
32repeal of s. 985.4891, F.S.; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Section 16.07, Florida Statutes, is repealed.
37     Section 2.  Section 30.11, Florida Statutes, is repealed.
38     Section 3.  Subsection (5) of section 384.34, Florida
39Statutes, is amended to read:
40     384.34  Penalties.-
41     (5)  Any person who violates the provisions of s. 384.24(2)
42commits a felony of the third degree, punishable as provided in
43s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
44person who commits multiple violations of the provisions of s.
45384.24(2) commits a felony of the first degree, punishable as
46provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
47775.0877(7).
48     Section 4.  Subsections (3) and (7) of section 775.0877,
49Florida Statutes, are amended to read:
50     775.0877  Criminal transmission of HIV; procedures;
51penalties.-
52     (3)  An offender who has undergone HIV testing pursuant to
53subsection (1), and to whom positive test results have been
54disclosed pursuant to subsection (2), who commits a second or
55subsequent offense enumerated in paragraphs (1)(a)-(n), commits
56criminal transmission of HIV, a felony of the third degree,
57punishable as provided in s. 775.082, s. 775.083, or s. 775.084
58subsection (7). A person may be convicted and sentenced
59separately for a violation of this subsection and for the
60underlying crime enumerated in paragraphs (1)(a)-(n).
61     (7)  In addition to any other penalty provided by law for
62an offense enumerated in paragraphs (1)(a)-(n), the court may
63require an offender convicted of criminal transmission of HIV to
64serve a term of criminal quarantine community control, as
65described in s. 948.001.
66     Section 5.  Subsection (5) of section 796.08, Florida
67Statutes, is amended to read:
68     796.08  Screening for HIV and sexually transmissible
69diseases; providing penalties.-
70     (5)  A person who:
71     (a)  Commits or offers to commit prostitution; or
72     (b)  Procures another for prostitution by engaging in
73sexual activity in a manner likely to transmit the human
74immunodeficiency virus, and who, prior to the commission of such
75crime, had tested positive for human immunodeficiency virus and
76knew or had been informed that he or she had tested positive for
77human immunodeficiency virus and could possibly communicate such
78disease to another person through sexual activity commits
79criminal transmission of HIV, a felony of the third degree,
80punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
81or s. 775.0877(7). A person may be convicted and sentenced
82separately for a violation of this subsection and for the
83underlying crime of prostitution or procurement of prostitution.
84     Section 6.  Subsections (10), (11), and (12) of section
85893.13, Florida Statutes, are amended to read:
86     893.13  Prohibited acts; penalties.-
87     (10)  Notwithstanding any provision of the sentencing
88guidelines or the Criminal Punishment Code to the contrary, on
89or after October 1, 1993, any defendant who:
90     (a)  Violates subparagraph (1)(a)1., subparagraph (1)(c)2.,
91subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
92(5)(a); and
93     (b)  Has not previously been convicted, regardless of
94whether adjudication was withheld, of any felony, other than a
95violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
96subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
97(5)(a),
98
99may be required by the court to successfully complete a term of
100probation pursuant to the terms and conditions set forth in s.
101948.034(1), in lieu of serving a term of imprisonment.
102     (11)  Notwithstanding any provision of the sentencing
103guidelines or the Criminal Punishment Code to the contrary, on
104or after January 1, 1994, any defendant who:
105     (a)  Violates subparagraph (1)(a)2., subparagraph (2)(a)2.,
106paragraph (5)(b), or paragraph (6)(a); and
107     (b)  Has not previously been convicted, regardless of
108whether adjudication was withheld, of any felony, other than a
109violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
110paragraph (5)(b), or paragraph (6)(a),
111
112may be required by the court to successfully complete a term of
113probation pursuant to the terms and conditions set forth in s.
114948.034(2), in lieu of serving a term of imprisonment.
115     (10)(12)  If a person violates any provision of this
116chapter and the violation results in a serious injury to a state
117or local law enforcement officer as defined in s. 943.10,
118firefighter as defined in s. 633.30, emergency medical
119technician as defined in s. 401.23, paramedic as defined in s.
120401.23, employee of a public utility or an electric utility as
121defined in s. 366.02, animal control officer as defined in s.
122828.27, volunteer firefighter engaged by state or local
123government, law enforcement officer employed by the Federal
124Government, or any other local, state, or Federal Government
125employee injured during the course and scope of his or her
126employment, the person commits a felony of the third degree,
127punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
128If the injury sustained results in death or great bodily harm,
129the person commits a felony of the second degree, punishable as
130provided in s. 775.082, s. 775.083, or s. 775.084.
131     Section 7.  Section 921.187, Florida Statutes, is amended
132to read:
133     921.187  Disposition and sentencing; alternatives;
134restitution.-
135     (1)  The alternatives provided in this section for the
136disposition of criminal cases shall be used in a manner that
137will best serve the needs of society, punish criminal offenders,
138and provide the opportunity for rehabilitation.
139     (a)  If the offender does not receive a state prison
140sentence, the court may:
141     (a)1.  Impose a split sentence whereby the offender is to
142be placed on probation upon completion of any specified period
143of such sentence, which period may include a term of years or
144less.
145     (b)2.  Make any other disposition that is authorized by
146law.
147     (c)3.  Place the offender on probation with or without an
148adjudication of guilt pursuant to s. 948.01.
149     (d)4.  Impose a fine and probation pursuant to s. 948.011
150when the offense is punishable by both a fine and imprisonment
151and probation is authorized.
152     (e)5.  Place the offender into community control requiring
153intensive supervision and surveillance pursuant to chapter 948.
154     (f)6.  Impose, as a condition of probation or community
155control, a period of treatment which shall be restricted to a
156county facility, a Department of Corrections probation and
157restitution center, a probation program drug punishment
158treatment community, or a community residential or
159nonresidential facility, excluding a community correctional
160center as defined in s. 944.026, which is owned and operated by
161any qualified public or private entity providing such services.
162Before admission to such a facility, the court shall obtain an
163individual assessment and recommendations on the appropriate
164treatment needs, which shall be considered by the court in
165ordering such placements. Placement in such a facility, except
166for a county residential probation facility, may not exceed 364
167days. Placement in a county residential probation facility may
168not exceed 3 years. Early termination of placement may be
169recommended to the court, when appropriate, by the center
170supervisor, the supervising probation officer, or the probation
171program manager.
172     (g)7.  Sentence the offender pursuant to s. 922.051 to
173imprisonment in a county jail when a statute directs
174imprisonment in a state prison, if the offender's cumulative
175sentence, whether from the same circuit or from separate
176circuits, is not more than 364 days.
177     (h)8.  Sentence the offender who is to be punished by
178imprisonment in a county jail to a jail in another county if
179there is no jail within the county suitable for such prisoner
180pursuant to s. 950.01.
181     (i)9.  Require the offender to participate in a work-
182release or educational or technical training program pursuant to
183s. 951.24 while serving a sentence in a county jail, if such a
184program is available.
185     (j)10.  Require the offender to perform a specified public
186service pursuant to s. 775.091.
187     (k)11.  Require the offender who violates chapter 893 or
188violates any law while under the influence of a controlled
189substance or alcohol to participate in a substance abuse
190program.
191     (l)1.12.a.  Require the offender who violates any criminal
192provision of chapter 893 to pay an additional assessment in an
193amount up to the amount of any fine imposed, pursuant to ss.
194938.21 and 938.23.
195     2.b.  Require the offender who violates any provision of s.
196893.13 to pay an additional assessment in an amount of $100,
197pursuant to ss. 938.25 and 943.361.
198     (m)13.  Impose a split sentence whereby the offender is to
199be placed in a county jail or county work camp upon the
200completion of any specified term of community supervision.
201     (n)14.  Impose split probation whereby upon satisfactory
202completion of half the term of probation, the Department of
203Corrections may place the offender on administrative probation
204pursuant to s. 948.013 for the remainder of the term of
205supervision.
206     (o)15.  Require residence in a state probation and
207restitution center or private drug treatment program for
208offenders on community control or offenders who have violated
209conditions of probation.
210     (p)16.  Impose any other sanction which is provided within
211the community and approved as an intermediate sanction by the
212county public safety coordinating council as described in s.
213951.26.
214     (q)17.  Impose, as a condition of community control,
215probation, or probation following incarceration, a requirement
216that an offender who has not obtained a high school diploma or
217high school equivalency diploma or who lacks basic or functional
218literacy skills, upon acceptance by an adult education program,
219make a good faith effort toward completion of such basic or
220functional literacy skills or high school equivalency diploma,
221as defined in s. 1003.435, in accordance with the assessed adult
222general education needs of the individual offender.
223     (b)1.  Notwithstanding any provision of former s. 921.001
224or s. 921.002 to the contrary, on or after October 1, 1993, the
225court may require any defendant who violates s. 893.13(1)(a)1.,
226(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
227described in s. 893.13(10), to successfully complete a term of
228probation pursuant to the terms and conditions set forth in s.
229948.034(1), in lieu of serving a term of imprisonment.
230     2.  Notwithstanding any provision of former s. 921.001 or
231s. 921.002 to the contrary, on or after October 1, 1993, the
232court may require any defendant who violates s. 893.13(1)(a)2.,
233(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
234s. 893.13(11), to successfully complete a term of probation
235pursuant to the terms and conditions set forth in s. 948.034(2),
236in lieu of serving a term of imprisonment.
237     (2)  In addition to any other penalty provided by law for
238an offense enumerated in s. 775.0877(1)(a)-(n), if the offender
239is convicted of criminal transmission of HIV pursuant to s.
240775.0877, the court may sentence the offender to criminal
241quarantine community control as described in s. 948.001.
242     (2)(3)  The court shall require an offender to make
243restitution under s. 775.089, unless the court finds clear and
244compelling reasons not to order such restitution. If the court
245does not order restitution, or orders restitution of only a
246portion of the damages, as provided in s. 775.089, the court
247shall state the reasons on the record in detail. An order
248requiring an offender to make restitution to a victim under s.
249775.089 does not remove or diminish the requirement that the
250court order payment to the Crimes Compensation Trust Fund under
251chapter 960.
252     Section 8.  Section 944.293, Florida Statutes, is repealed.
253     Section 9.  Subsections (4) through (10) of section
254948.001, Florida Statutes, are redesignated as subsections (3)
255through (9), respectively, and subsection (3) of that section is
256amended to read:
257     948.001  Definitions.-As used in this chapter, the term:
258     (3)  "Criminal quarantine community control" means
259intensive supervision, by officers with restricted caseloads,
260with a condition of 24-hour-per-day electronic monitoring, and a
261condition of confinement to a designated residence during
262designated hours.
263     Section 10.  Section 948.034, Florida Statutes, is
264repealed.
265     Section 11.  Section 948.0345, Florida Statutes, is
266repealed.
267     Section 12.  Subsection (1) of section 948.04, Florida
268Statutes, is amended to read:
269     948.04  Period of probation; duty of probationer; early
270termination.-
271     (1)  Defendants found guilty of felonies who are placed on
272probation shall be under supervision not to exceed 2 years
273unless otherwise specified by the court. No defendant placed on
274probation pursuant to s. 948.012(1) or s. 948.034 is subject to
275the probation limitations of this subsection. A defendant who is
276placed on probation or community control for a violation of
277chapter 794 or chapter 827 is subject to the maximum level of
278supervision provided by the supervising agency, and that
279supervision shall continue through the full term of the court-
280imposed probation or community control.
281     Section 13.  Section 948.101, Florida Statutes, is amended
282to read:
283     948.101  Terms and conditions of community control and
284criminal quarantine community control.-
285     (1)  The court shall determine the terms and conditions of
286community control. Conditions specified in this subsection do
287not require oral pronouncement at the time of sentencing and may
288be considered standard conditions of community control.
289     (a)  The court shall require intensive supervision and
290surveillance for an offender placed into community control,
291which may include but is not limited to:
292     (a)1.  Specified contact with the parole and probation
293officer.
294     (b)2.  Confinement to an agreed-upon residence during hours
295away from employment and public service activities.
296     (c)3.  Mandatory public service.
297     (d)4.  Supervision by the Department of Corrections by
298means of an electronic monitoring device or system.
299     (e)5.  The standard conditions of probation set forth in s.
300948.03.
301     (b)  For an offender placed on criminal quarantine
302community control, the court shall require:
303     1.  Electronic monitoring 24 hours per day.
304     2.  Confinement to a designated residence during designated
305hours.
306     (2)  The enumeration of specific kinds of terms and
307conditions does not prevent the court from adding thereto any
308other terms or conditions that the court considers proper.
309However, the sentencing court may only impose a condition of
310supervision allowing an offender convicted of s. 794.011, s.
311800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
312another state if the order stipulates that it is contingent upon
313the approval of the receiving state interstate compact
314authority. The court may rescind or modify at any time the terms
315and conditions theretofore imposed by it upon the offender in
316community control. However, if the court withholds adjudication
317of guilt or imposes a period of incarceration as a condition of
318community control, the period may not exceed 364 days, and
319incarceration shall be restricted to a county facility, a
320probation and restitution center under the jurisdiction of the
321Department of Corrections, a probation program drug punishment
322phase I secure residential treatment institution, or a community
323residential facility owned or operated by any entity providing
324such services.
325     (3)  The court may place a defendant who is being sentenced
326for criminal transmission of HIV in violation of s. 775.0877 on
327criminal quarantine community control. The Department of
328Corrections shall develop and administer a criminal quarantine
329community control program emphasizing intensive supervision with
33024-hour-per-day electronic monitoring. Criminal quarantine
331community control status must include surveillance and may
332include other measures normally associated with community
333control, except that specific conditions necessary to monitor
334this population may be ordered.
335     Section 14.  Subsection (1) of section 948.11, Florida
336Statutes, is amended to read:
337     948.11  Electronic monitoring devices.-
338     (1)(a)  The Department of Corrections may, at its
339discretion, electronically monitor an offender sentenced to
340community control.
341     (b)  The Department of Corrections shall electronically
342monitor an offender sentenced to criminal quarantine community
343control 24 hours per day.
344     Section 15.  Section 957.125, Florida Statutes, is
345repealed.
346     Section 16.  Section 985.4891, Florida Statutes, is
347repealed.
348     Section 17.  Section 958.046, Florida Statutes, is amended
349to read:
350     958.046  Placement in county-operated boot camp programs
351for youthful offenders.-In counties where there are county-
352operated youthful offender boot camp programs, other than boot
353camps described in s. 958.04 or sheriff's training and respect
354programs in s. 985.4891, the court may sentence a youthful
355offender to such a boot camp. In county-operated youthful
356offender boot camp programs, juvenile offenders shall not be
357commingled with youthful offenders.
358     Section 18.  Section 985.445, Florida Statutes, is amended
359to read:
360     985.445  Cases involving grand theft of a motor vehicle.-If
361the offense committed by the child was grand theft of a motor
362vehicle, the court:
363     (1)  Upon a first adjudication for a grand theft of a motor
364vehicle, may place the child in a sheriff's training and respect
365program, unless the child is ineligible under s. 985.4891, and
366shall order the child to complete a minimum of 50 hours of
367community service.
368     (2)  Upon a second adjudication for grand theft of a motor
369vehicle which is separate and unrelated to the previous
370adjudication, may place the child in a sheriff's training and
371respect program, unless the child is ineligible under s.
372985.4891, and shall order the child to complete a minimum of 100
373hours of community service.
374     (3)  Upon a third adjudication for grand theft of a motor
375vehicle which is separate and unrelated to the previous
376adjudications, shall place the child in a sheriff's training and
377respect program or other treatment program, unless the child is
378ineligible under s. 985.4891, and shall order the child to
379complete a minimum of 250 hours of community service.
380     Section 19.  Paragraph (a) of subsection (6) of section
381985.47, Florida Statutes, is amended to read:
382     985.47  Serious or habitual juvenile offender.-
383     (6)  ACTION ON RECOMMENDATIONS.-The treatment and placement
384recommendations shall be submitted to the court for further
385action under this subsection:
386     (a)  If it is recommended that placement in a serious or
387habitual juvenile offender program or facility is inappropriate,
388the court shall make an alternative disposition under s.
389985.4891 or other alternative sentencing as applicable, using
390the recommendation as a guide.
391     Section 20.  Paragraph (a) of subsection (6) of section
392985.483, Florida Statutes, is amended to read:
393     985.483  Intensive residential treatment program for
394offenders less than 13 years of age.-
395     (6)  ACTION ON RECOMMENDATIONS.-The treatment and placement
396recommendations shall be submitted to the court for further
397action under this subsection:
398     (a)  If it is recommended that placement in an intensive
399residential treatment program for offenders less than 13 years
400of age is inappropriate, the court shall make an alternative
401disposition under s. 985.4891 or other alternative sentencing as
402applicable, using the recommendation as a guide.
403     Section 21.  Subsection (1) of section 985.494, Florida
404Statutes, is amended to read:
405     985.494  Commitment programs for juvenile felony
406offenders.-
407     (1)  Notwithstanding any other law and regardless of the
408child's age, a child who is adjudicated delinquent, or for whom
409adjudication is withheld, for an act that would be a felony if
410committed by an adult, shall be committed to:
411     (a)  A sheriff's training and respect program under s.
412985.4891 if the child has participated in an early delinquency
413intervention program as provided in s. 985.61.
414     (a)(b)  A program for serious or habitual juvenile
415offenders under s. 985.47 or an intensive residential treatment
416program for offenders less than 13 years of age under s.
417985.483, if the child has participated in an early delinquency
418intervention program and has completed a sheriff's training and
419respect program.
420     (b)(c)  A maximum-risk residential program, if the child
421has participated in an early delinquency intervention program,
422has completed a sheriff's training and respect program, and has
423completed a program for serious or habitual juvenile offenders
424or an intensive residential treatment program for offenders less
425than 13 years of age. The commitment of a child to a maximum-
426risk residential program must be for an indeterminate period,
427but may not exceed the maximum term of imprisonment that an
428adult may serve for the same offense.
429     Section 22.  Paragraph (d) of subsection (2) of section
430985.645, Florida Statutes, is amended to read:
431     985.645  Protective action response.-
432     (2)  The department shall adopt rules under ss. 120.536(1)
433and 120.54 that:
434     (d)  Except as provided in s. 985.4891(9) for specified
435certified officers, Require each employee who was not certified
436by the department in protective action response prior to July 1,
4372006, to receive his or her protective action response
438certification by September 30, 2006, or within 90 calendar days
439following his or her date of hire, whichever date is later.
440     Section 23.  This act shall take effect July 1, 2010.


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

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