September 21, 2019
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708283
 (LATE FILED)Amendment
Bill No. 1877
Amendment No. 708283
CHAMBER ACTION
Senate House
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1Representative Dean offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  This act may be cited as the "Jessica Lunsford
6Act."
7     Section 2.  Paragraph (a) of subsection (5) of section
8216.136, Florida Statutes, is amended to read:
9     216.136  Consensus estimating conferences; duties and
10principals.--
11     (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
12     (a)  Duties.--The Criminal Justice Estimating Conference
13shall:
14     1.  Develop such official information relating to the
15criminal justice system, including forecasts of prison
16admissions and population and of supervised felony offender
17admissions and population, as the conference determines is
18needed for the state planning and budgeting system.
19     2.  Develop such official information relating to the
20number of eligible discharges and the projected number of civil
21commitments for determining space needs pursuant to the civil
22proceedings provided under part V of chapter 394.
23     3.  Develop official information relating to the number of
24sexual offenders and sexual predators who are required by law to
25be placed on community control, probation, or conditional
26release who are subject to electronic monitoring.
27     Section 3.  Paragraph (a) of subsection (3) of section
28775.082, Florida Statutes, is amended to read:
29     775.082  Penalties; applicability of sentencing structures;
30mandatory minimum sentences for certain reoffenders previously
31released from prison.--
32     (3)  A person who has been convicted of any other
33designated felony may be punished as follows:
34     (a)1.  For a life felony committed prior to October 1,
351983, by a term of imprisonment for life or for a term of years
36not less than 30.
37     2.  For a life felony committed on or after October 1,
381983, by a term of imprisonment for life or by a term of
39imprisonment not exceeding 40 years.
40     3.  Except as provided in subparagraph 4., for a life
41felony committed on or after July 1, 1995, by a term of
42imprisonment for life or by imprisonment for a term of years not
43exceeding life imprisonment.
44     4.  For a life felony committed on or after September 1,
452005, which is a violation of s. 800.04(5)(b), by:
46     a.  A term of imprisonment for life; or
47     b.  A split sentence that is a term of not less than 25
48years imprisonment and not exceeding life imprisonment, followed
49by probation or community control for the remainder of the
50person's natural life and subject to a system of active
51electronic monitoring that identifies the location of a
52monitored offender and that can produce, upon request, reports
53or records of the offender's presence near or within a crime
54scene or prohibited area or the offender's departure from a
55specified geographic location.
56     Section 4.  Section 775.0821, Florida Statutes, is created
57to read:
58     775.0821  Tampering with or removal of electronic
59monitoring device.--
60     (1)  Any person subject to electronic monitoring provided
61in s. 775.082(3)(a)4.b., s. 947.1406, or s. 948.11(6) who, for
62the purpose of facilitating the commission of a crime, removes,
63defaces, alters, destroys, or fails to maintain the electronic
64monitoring device in working order commits a felony of the first
65degree, punishable as provided in s. 775.082 or s. 775.083.
66     (2)  Any person subject to electronic monitoring under s.
67775.082 must follow instructions provided by the Department of
68Corrections or the electronic monitoring device manufacturer to
69maintain the electronic monitoring device in working order.
70Incidental damage or defacement of the electronic monitoring
71device must be reported to the Department of Corrections within
722 hours. Failure to comply with the reporting requirement of
73this subsection is a felony of the third degree, punishable as
74provided in s. 775.082 or s. 775.083.
75     Section 5.  Paragraph (b) of subsection (4), paragraphs
76(a), (b), and (l) of subsection (6), and paragraph (a) of
77subsection (10) of section 775.21, Florida Statutes, are
78amended, and paragraph (m) is added to subsection (6) of said
79section, to read:
80     775.21  The Florida Sexual Predators Act.--
81     (4)  SEXUAL PREDATOR CRITERIA.--
82     (b)  In order to be counted as a prior felony for purposes
83of this subsection, the felony must have resulted in a
84conviction sentenced separately, or an adjudication of
85delinquency entered separately, prior to the current offense and
86sentenced or adjudicated separately from any other felony
87conviction that is to be counted as a prior felony. If the
88offender's prior enumerated felony was committed more than 10
89years before the primary offense, it shall not be considered a
90prior felony under this subsection if the offender has not been
91convicted of any other crime for a period of 10 consecutive
92years from the most recent date of release from confinement,
93supervision, or sanction, whichever is later.
94     (6)  REGISTRATION.--
95     (a)  A sexual predator must register with the department by
96providing the following information to the department:
97     1.  Name, social security number, age, race, sex, date of
98birth, height, weight, hair and eye color, photograph, address
99of legal residence and address of any current temporary
100residence, within the state or out of state, including a rural
101route address and a post office box, date and place of any
102employment, date and place of each conviction, fingerprints, and
103a brief description of the crime or crimes committed by the
104offender. In addition, any sexual predator sentenced to
105electronic monitoring provided in s. 775.082(3)(a)4.b., s.
106947.1406, or s. 948.11(6) must provide that information to the
107department. A post office box shall not be provided in lieu of a
108physical residential address.
109     a.  If the sexual predator's place of residence is a motor
110vehicle, trailer, mobile home, or manufactured home, as defined
111in chapter 320, the sexual predator shall also provide to the
112department written notice of the vehicle identification number;
113the license tag number; the registration number; and a
114description, including color scheme, of the motor vehicle,
115trailer, mobile home, or manufactured home. If a sexual
116predator's place of residence is a vessel, live-aboard vessel,
117or houseboat, as defined in chapter 327, the sexual predator
118shall also provide to the department written notice of the hull
119identification number; the manufacturer's serial number; the
120name of the vessel, live-aboard vessel, or houseboat; the
121registration number; and a description, including color scheme,
122of the vessel, live-aboard vessel, or houseboat.
123     b.  If the sexual predator is enrolled, employed, or
124carrying on a vocation at an institution of higher education in
125this state, the sexual predator shall also provide to the
126department the name, address, and county of each institution,
127including each campus attended, and the sexual predator's
128enrollment or employment status. Each change in enrollment or
129employment status shall be reported in person at the sheriff's
130office, or the Department of Corrections if the sexual predator
131is in the custody or control of or under the supervision of the
132Department of Corrections, within 48 hours after any change in
133status. The sheriff or the Department of Corrections shall
134promptly notify each institution of the sexual predator's
135presence and any change in the sexual predator's enrollment or
136employment status.
137     2.  Any other information determined necessary by the
138department, including criminal and corrections records;
139nonprivileged personnel and treatment records; and evidentiary
140genetic markers when available.
141     (b)  If the sexual predator is in the custody or control
142of, or under the supervision of, the Department of Corrections,
143or is in the custody of a private correctional facility, the
144sexual predator must register with the Department of
145Corrections. The Department of Corrections shall provide to the
146department registration information and the location of, and
147local telephone number for, any Department of Corrections office
148that is responsible for supervising the sexual predator. In
149addition, The Department of Corrections shall also notify the
150department if the sexual predator escapes or absconds from
151custody or supervision or if the sexual predator dies. In
152addition, for any sexual predator sentenced to electronic
153monitoring provided in s. 775.082(3)(a)4.b., s. 947.1406, or s.
154948.11(6), the Department of Corrections must provide that
155information to the department.
156     (l)  A sexual predator must maintain registration with the
157department for the duration of his or her life, unless the
158sexual predator has received a full pardon or has had a
159conviction set aside in a postconviction proceeding for any
160offense that met the criteria for the sexual predator
161designation. However, a sexual predator who was designated as a
162sexual predator by a court before October 1, 1998, and who has
163been lawfully released from confinement, supervision, or
164sanction, whichever is later, for at least 10 years and has not
165been arrested for any felony or misdemeanor offense since
166release, may petition the criminal division of the circuit court
167in the circuit in which the sexual predator resides for the
168purpose of removing the sexual predator designation. A sexual
169predator who was designated a sexual predator by a court on or
170after October 1, 1998, who has been lawfully released from
171confinement, supervision, or sanction, whichever is later, for
172at least 20 years, and who has not been arrested for any felony
173or misdemeanor offense since release may petition the criminal
174division of the circuit court in the circuit in which the sexual
175predator resides for the purpose of removing the sexual predator
176designation. A sexual predator who was designated a sexual
177predator by a court on or after October 1, 2005, who has been
178lawfully released from confinement, supervision, or sanction,
179whichever is later, for at least 30 years and who has not been
180arrested for any felony or misdemeanor offense since release may
181petition the criminal division of the circuit court in the
182circuit in which the sexual predator resides for the purpose of
183removing the sexual predator designation. The court may grant or
184deny such relief if the petitioner demonstrates to the court
185that he or she has not been arrested for any crime since
186release, the requested relief complies with the provisions of
187the federal Jacob Wetterling Act, as amended, and any other
188federal standards applicable to the removal of the designation
189as a sexual predator or required to be met as a condition for
190the receipt of federal funds by the state, and the court is
191otherwise satisfied that the petitioner is not a current or
192potential threat to public safety. The state attorney in the
193circuit in which the petition is filed must be given notice of
194the petition at least 3 weeks before the hearing on the matter.
195The state attorney may present evidence in opposition to the
196requested relief or may otherwise demonstrate the reasons why
197the petition should be denied. If the court denies the petition,
198the court may set a future date at which the sexual predator may
199again petition the court for relief, subject to the standards
200for relief provided in this paragraph. Unless specified in the
201order, a sexual predator who is granted relief under this
202paragraph must comply with the requirements for registration as
203a sexual offender and other requirements provided under s.
204943.0435 or s. 944.607. If a petitioner obtains an order from
205the court that imposed the order designating the petitioner as a
206sexual predator which removes such designation, the petitioner
207shall forward a certified copy of the written findings or order
208to the department in order to have the sexual predator
209designation removed from the sexual predator registry.
210     (m)1.  A sexual predator must report in person each year
211during the month of the sexual predator's date of birth and
212during the sixth month following the sexual predator's birth
213month to the sheriff's office in the county in which he or she
214resides or is otherwise located to reregister. The sheriff's
215office may determine the appropriate times and days for
216reporting by the sexual predator, which shall be consistent with
217the reporting requirements of this paragraph. Reregistration
218shall include any changes to information provided in paragraph
219(a).
220     2.  The sheriff's office shall, within 2 working days,
221electronically submit and update all information provided by the
222sexual predator to the department in a manner prescribed by the
223department. This procedure shall be implemented by December 1,
2242005.
225
226The sheriff shall promptly provide to the department the
227information received from the sexual predator.
228     (10)  PENALTIES.--
229     (a)  Except as otherwise specifically provided, a sexual
230predator who fails to register; who fails, after registration,
231to maintain, acquire, or renew a driver's license or
232identification card; who fails to provide required location
233information or change-of-name information; who fails to make a
234required report in connection with vacating a permanent
235residence; who fails to reregister as required; who fails to
236respond to any address verification correspondence from the
237department within three weeks of the date of the correspondence;
238or who otherwise fails, by act or omission, to comply with the
239requirements of this section, commits a felony of the third
240degree, punishable as provided in s. 775.082, s. 775.083, or s.
241775.084.
242     Section 6.  Section 775.235, Florida Statutes, is created
243to read:
244     775.235  Harboring sexual predator or sexual offender.--Any
245person who knows or has reasonable cause to believe that a
246sexual predator or sexual offender is not complying, or has not
247complied, with the requirements of s. 775.21, s. 943.0435, or s.
248944.607 and who, with the intent to assist the sexual predator
249or sexual offender in eluding a law enforcement agency that is
250seeking to find the sexual predator or sexual offender to
251question the sexual predator or sexual offender about, or to
252arrest the sexual predator or sexual offender for, his or her
253noncompliance with the requirements of this section:
254     (1)  Withholds information from, or does not notify, the
255law enforcement agency about the sexual predator or sexual
256offender's noncompliance with the requirements of this section,
257and, if known, the whereabouts of the sexual predator or sexual
258offender;
259     (2)  Harbors, or attempts to harbor, or assists another
260person in harboring or attempting to harbor, the sexual predator
261or sexual offender;
262     (3)  Hides or attempts to hide, or assists another person
263in hiding or attempting to hide, the sexual predator or sexual
264offender; or
265     (4)  Provides information to the law enforcement agency
266regarding the sexual predator or sexual offender which the
267person knows to be false information,
268
269commits a felony of the third degree, punishable as provided in
270s. 775.082 , s. 775.083, or s. 775.084. This paragraph does not
271apply if the sexual predator or sexual offender is incarcerated
272in or is in the custody of a state correctional facility, a
273private correctional facility, a local jail, or a federal
274correctional facility.
275     Section 7.  Paragraph (b) of subsection (5) of section
276800.04, Florida Statutes, is amended to read:
277     800.04  Lewd or lascivious offenses committed upon or in
278the presence of persons less than 16 years of age.--
279     (5)  LEWD OR LASCIVIOUS MOLESTATION.--
280     (b)  An offender 18 years of age or older who commits lewd
281or lascivious molestation against a victim less than 12 years of
282age commits a life felony of the first degree, punishable as
283provided in s. s. 775.082(3)(a)4. 775.082, s. 775.083, or s.
284775.084.
285     Section 8.  Paragraphs (f) and (g) of subsection (3) of
286section 921.0022, Florida Statutes, are amended to read:
287     921.0022  Criminal Punishment Code; offense severity
288ranking chart.--
289     (3)  OFFENSE SEVERITY RANKING CHART
290
 
FloridaStatuteFelonyDegreeDescription
291
 


(f)  LEVEL 6
292
 
316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.
293
 
499.0051(3)2ndForgery of pedigree papers.
294
 
499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.
295
 
499.0051(5)2ndSale of legend drug to unauthorized person.
296
 
775.0875(1)3rdTaking firearm from law enforcement officer.
297
 
775.21(10)3rdSexual predators; failure to register; failure to renew driver's license or identification card.
298
 
784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.
299
 
784.021(1)(b)3rdAggravated assault; intent to commit felony.
300
 
784.0413rdFelony battery.
301
 
784.048(3)3rdAggravated stalking; credible threat.
302
 
784.048(5)3rdAggravated stalking of person under 16.
303
 
784.07(2)(c)2ndAggravated assault on law enforcement officer.
304
 
784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.
305
 
784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.
306
 
784.081(2)2ndAggravated assault on specified official or employee.
307
 
784.082(2)2ndAggravated assault by detained person on visitor or other detainee.
308
 
784.083(2)2ndAggravated assault on code inspector.
309
 
787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
310
 
790.115(2)(d)2ndDischarging firearm or weapon on school property.
311
 
790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
312
 
790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
313
 
790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
314
 
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
315
 
794.05(1)2ndUnlawful sexual activity with specified minor.
316
 
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.
317
 
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
318
 
806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.
319
 
810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.
320
 
812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
321
 
812.015(9)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
322
 
812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).
323
 
817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.
324
 
817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
325
 
825.102(1)3rdAbuse of an elderly person or disabled adult.
326
 
825.102(3)(c)3rdNeglect of an elderly person or disabled adult.
327
 
825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.
328
 
825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
329
 
827.03(1)3rdAbuse of a child.
330
 
827.03(3)(c)3rdNeglect of a child.
331
 
827.071(2) & (3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
332
 
836.052ndThreats; extortion.
333
 
836.102ndWritten threats to kill or do bodily injury.
334
 
843.123rdAids or assists person to escape.
335
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
336
 
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
337
 
943.0435(9)3rdSex offenders; failure to comply with reporting requirements.
338
 
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.
339
 
944.402ndEscapes.
340
 
944.463rdHarboring, concealing, aiding escaped prisoners.
341
 
944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
342
 
951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.
343
 


(g)  LEVEL 7
344
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
345
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
346
 
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.
347
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
348
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
349
 
409.920(2)3rdMedicaid provider fraud.
350
 
456.065(2)3rdPracticing a health care profession without a license.
351
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
352
 
458.327(1)3rdPracticing medicine without a license.
353
 
459.013(1)3rdPracticing osteopathic medicine without a license.
354
 
460.411(1)3rdPracticing chiropractic medicine without a license.
355
 
461.012(1)3rdPracticing podiatric medicine without a license.
356
 
462.173rdPracticing naturopathy without a license.
357
 
463.015(1)3rdPracticing optometry without a license.
358
 
464.016(1)3rdPracticing nursing without a license.
359
 
465.015(2)3rdPracticing pharmacy without a license.
360
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
361
 
467.2013rdPracticing midwifery without a license.
362
 
468.3663rdDelivering respiratory care services without a license.
363
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
364
 
483.901(9)3rdPracticing medical physics without a license.
365
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
366
 
484.0533rdDispensing hearing aids without a license.
367
 
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.
368
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
369
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
370
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
371
 
775.08213rdTampering with electronic monitoring device.
372
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card.
373
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
374
 
775.2353rdHarboring sexual predator or sexual offender.
375
376
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
377
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
378
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
379
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
380
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
381
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
382
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
383
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
384
 
784.048(7)3rdAggravated stalking; violation of court order.
385
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
386
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
387
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
388
 
784.081(1)1stAggravated battery on specified official or employee.
389
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
390
 
784.083(1)1stAggravated battery on code inspector.
391
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
392
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
393
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
394
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
395
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
396
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
397
 
796.032ndProcuring any person under 16 years for prostitution.
398
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
399
 
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.
400
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
401
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
402
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
403
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
404
 
812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
405
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
406
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
407
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
408
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
409
 
812.131(2)(a)2ndRobbery by sudden snatching.
410
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
411
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
412
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
413
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
414
 
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.
415
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
416
 
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.
417
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
418
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
419
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
420
 
838.0152ndBribery.
421
 
838.0162ndUnlawful compensation or reward for official behavior.
422
 
838.021(3)(a)2ndUnlawful harm to a public servant.
423
 
838.222ndBid tampering.
424
 
872.062ndAbuse of a dead human body.
425
 
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.
426
 
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.
427
 
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).
428
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
429
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
430
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
431
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
432
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
433
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
434
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
435
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
436
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
437
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
438
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
439
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
440
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
441
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
442
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
443
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
444
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
445
446     Section 9.  Paragraph (o) is added to subsection (5) of
447section 921.141, Florida Statutes, to read:
448     921.141  Sentence of death or life imprisonment for capital
449felonies; further proceedings to determine sentence.--
450     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
451shall be limited to the following:
452     (o)  The capital felony was committed by a person
453designated a sexual predator under s. 775.21 or a person
454previously designated a sexual predator whose sexual predator
455designation had been removed.
456     Section 10.  Subsection (5) is added to section 943.043,
457Florida Statutes, to read:
458     943.043  Toll-free telephone number; Internet notification;
459sexual predator and sexual offender information.--
460     (5)  The department shall share information with local law
461enforcement agencies to assist local law enforcement agencies in
462determining the potential whereabouts of any sexual predator or
463sexual offender who fails to respond to address-verification
464attempts or otherwise absconds from registration.
465     Section 11.  Subsection (13) is added to section 943.0435,
466Florida Statutes, to read:
467     943.0435  Sexual offenders required to register with the
468department; penalty.--
469     (13)(a)  A sexual offender must report in person each year
470during the month of the sexual offender's date of birth and
471during the sixth month following the sexual offender's birth
472month to the sheriff's office in the county in which he or she
473resides or is otherwise located to reregister. The sheriff's
474office may determine the appropriate times and days for
475reporting by the sexual offender, which shall be consistent with
476the reporting requirements of this paragraph. Reregistration
477shall include any changes to the information provided in
478subsection (2). Any sexual offender who fails to report in
479person as required at the sheriff's office, or who fails to
480respond to any address verification correspondence from the
481department within three weeks of the date of the correspondence,
482commits a felony of the third degree, punishable as provided in
483s. 775.082, s. 775.083, or s. 775.084.
484     (b)  The sheriff's office shall, within 2 working days,
485electronically submit and update all information provided by the
486sexual offender to the department in a manner prescribed by the
487department. This procedure shall be implemented by December 1,
4882005.
489     Section 12.  Section 943.04352, Florida Statutes, is
490created to read:
491     943.04352  Search of registration information regarding
492sexual predators and sexual offenders required for misdemeanor
493probation placement.--When the court places a defendant on
494misdemeanor probation pursuant to ss. 948.01 and 948.15, the
495public or private entity providing probation services must
496conduct a search of the probationer's name or other identifying
497information against the registration information regarding
498sexual predators and sexual offenders maintained by the
499Department of Law Enforcement under s. 943.043. The probation
500services provider may conduct the search using the Internet site
501maintained by the Department of Law Enforcement.
502     Section 13.  Paragraph (a) of subsection (3) of section
503944.606, Florida Statutes, is amended to read:
504     944.606  Sexual offenders; notification upon release.--
505     (3)(a)  The department must provide information regarding
506any sexual offender who is being released after serving a period
507of incarceration for any offense, as follows:
508     1.  The department must provide: the sexual offender's
509name, any change in the offender's name by reason of marriage or
510other legal process, and any alias, if known; the correctional
511facility from which the sexual offender is released; the sexual
512offender's social security number, race, sex, date of birth,
513height, weight, and hair and eye color; date and county of
514sentence and each crime for which the offender was sentenced; a
515copy of the offender's fingerprints and a digitized photograph
516taken within 60 days before release; the date of release of the
517sexual offender; and the offender's intended residence address,
518if known. The department shall notify the Department of Law
519Enforcement if the sexual offender escapes, absconds, or dies.
520In addition, for any sexual offender sentenced to electronic
521monitoring provided in  s. 775.082(3)(a)4.b., s. 947.1406, or s.
522948.11(6), the department must provide that information to the
523Department of Law Enforcement. If the sexual offender is in the
524custody of a private correctional facility, the facility shall
525take the digitized photograph of the sexual offender within 60
526days before the sexual offender's release and provide this
527photograph to the Department of Corrections and also place it in
528the sexual offender's file. If the sexual offender is in the
529custody of a local jail, the custodian of the local jail shall
530notify the Department of Law Enforcement of the sexual
531offender's release and provide to the Department of Law
532Enforcement the information specified in this paragraph and any
533information specified in subparagraph 2. that the Department of
534Law Enforcement requests.
535     2.  The department may provide any other information deemed
536necessary, including criminal and corrections records,
537nonprivileged personnel and treatment records, when available.
538     Section 14.  Paragraph (a) of subsection (4) of section
539944.607, Florida Statutes, is amended, and paragraph (h) is
540added to subsection (6) of said section, to read:
541     944.607  Notification to Department of Law Enforcement of
542information on sexual offenders.--
543     (4)  A sexual offender, as described in this section, who
544is under the supervision of the Department of Corrections but is
545not incarcerated must register with the Department of
546Corrections and provide information as required by this
547subsection.
548     (a)  The sexual offender shall provide his or her name;
549date of birth; social security number; race; sex; height;
550weight; hair and eye color; tattoos or other identifying marks;
551and permanent or legal residence and address of temporary
552residence within the state or out of state while the sexual
553offender is under supervision in this state, including any rural
554route address or post office box. In addition, any sexual
555offender sentenced to electronic monitoring provided in s.
556775.082(3)(a)4.b., s. 947.1406 or s. 948.11(6) must provide that
557information to the Department of Corrections. The Department of
558Corrections shall verify the address of each sexual offender in
559the manner described in ss. 775.21 and 943.0435.
560     (6)  The information provided to the Department of Law
561Enforcement must include:
562     (h)  Information obtained from the Department of
563Corrections that a sexual offender has been sentenced to
564electronic monitoring provided in  s. 775.082(3)(a)4.b., s.
565947.1406 or s. 948.11(6).
566
567If any information provided by the department changes during the
568time the sexual offender is under the department's control,
569custody, or supervision, including any change in the offender's
570name by reason of marriage or other legal process, the
571department shall, in a timely manner, update the information and
572provide it to the Department of Law Enforcement in the manner
573prescribed in subsection (2).
574     Section 15.  Paragraph (b) of subsection (7) of section
575947.1405, Florida Statutes, is amended, paragraph (c) is added
576to said subsection, subsection (9) is renumbered as subsection
577(10), and a new subsection (9) is added to said section, to
578read:
579     947.1405  Conditional release program.--
580     (7)
581     (b)  For a releasee whose crime was committed on or after
582October 1, 1997, in violation of chapter 794, s. 800.04, s.
583827.071, or s. 847.0145, and who is subject to conditional
584release supervision, in addition to any other provision of this
585section subsection, the commission shall impose the following
586additional conditions of conditional release supervision:
587     1.  As part of a treatment program, participation in a
588minimum of one annual polygraph examination to obtain
589information necessary for risk management and treatment and to
590reduce the sex offender's denial mechanisms. The polygraph
591examination must be conducted by a polygrapher trained
592specifically in the use of the polygraph for the monitoring of
593sex offenders, where available, and at the expense of the sex
594offender. The results of the polygraph examination shall not be
595used as evidence in a hearing to prove that a violation of
596supervision has occurred.
597     2.  Maintenance of a driving log and a prohibition against
598driving a motor vehicle alone without the prior approval of the
599supervising officer.
600     3.  A prohibition against obtaining or using a post office
601box without the prior approval of the supervising officer.
602     4.  If there was sexual contact, a submission to, at the
603probationer's or community controllee's expense, an HIV test
604with the results to be released to the victim or the victim's
605parent or guardian.
606     5.  Electronic monitoring of any form when ordered by the
607commission.
608     (c)  Effective for a releasee whose crime was committed on
609or after September 1, 2005, in violation of chapter 794, s.
610800.04, s. 827.071, or s. 847.0145, and the unlawful activity
611involved a victim who was 12 years of age or younger, or for a
612releasee who is designated as a sexual predator pursuant to s.
613775.21, in addition to any other provision of this section, the
614commission must order electronic monitoring for the duration of
615the releasee's supervision.
616     (9)  For a releasee placed on electronic monitoring under
617paragraph (7)(c) who the commission determines is in violation
618of any material condition of supervision, the commission shall
619order the releasee returned to prison until the expiration of
620the sentence of imprisonment.
621     Section 16.  Section 947.1406, Florida Statutes, is created
622to read:
623     947.1406  Electronic monitoring for certain sex offenders
624and sexual predators.--For any conditional releasee placed on
625electronic monitoring under s. 947.1405(9), the department shall
626use a system of active electronic monitoring that identifies the
627location of a monitored offender and that can produce upon
628request reports or records of the offender's presence near or
629within a crime scene or prohibited area or the offender's
630departure from a specified geographic location.
631     Section 17.  Subsection (8) is added to section 948.06,
632Florida Statutes, to read:
633     948.06  Violation of probation or community control;
634revocation; modification; continuance; failure to pay
635restitution or cost of supervision.--
636     (8)  This subsection shall apply to any probationer or
637community controllee under supervision for a violation of s.
638787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s.
639827.071, or s. 847.0145, or who is designated a sexual predator
640under s. 775.21, regardless of when his or her crime was
641committed. In any case, when a violation of supervision is
642admitted or determined by the court to be proven, and the court
643returns the violator to probation or community control
644supervision, the court must, in addition to any other condition
645of supervision, order electronic monitoring as described in s.
646948.11(6).
647     Section 18.  Section 948.061, Florida Statutes, is created
648to read:
649     948.061  Identifying, assessing, and monitoring high-risk
650sex offenders on community supervision; providing cumulative
651criminal and supervision histories on the Internet.--
652     (1)  By December 1, 2005, the department shall develop a
653graduated risk assessment that identifies, assesses, and closely
654monitors a high-risk sex offender who is placed on probation or
655in community control and who:
656     (a)  Has previously been placed on probation or in
657community control and has a history of committing multiple
658violations of community supervision in this state or in any
659other jurisdiction or has previously been incarcerated in this
660state or in any other jurisdiction; and
661     (b)  Has experienced more than one of the following risk
662factors that could potentially make the offender more likely to
663pose a danger to others:
664     1.  Previous conviction for domestic violence;
665     2.  History of substance abuse;
666     3.  Unemployment or substantial financial difficulties;
667     4.  Previous conviction for violence or sex acts against
668children, particularly involving strangers; or
669     5.  Any other risk factor identified by the department.
670     (2)  In providing criminal history and background
671information to the court for these high-risk offenders, the
672correctional probation officer shall provide in each report
673submitted to the court and at each hearing before the court a
674cumulative chronology of the offender's criminal history and
675prior terms of state probation or community control, including
676all substantive or technical violations of state probation or
677community control. The department may adopt rules as necessary
678to administer this section. The booking agency shall insure that
679state and national criminal history information, and all
680criminal justice information available in the Florida Crime
681Information Center and the National Crime Information Center is
682provided to the court at the time of first appearance.
683     (3)  In monitoring the location of high-risk offenders, the
684department, shall, no later than October 1, 2006, have
685fingerprint-reading equipment and capability that will
686immediately identify probationers or community controllees when
687they reports to their designated probation officers and alert
688department probation officials when probationers and community
689controllees are subsequently rearrested.
690     Section 19.  Subsection (6) is added to section 948.11,
691Florida Statutes, to read:
692     948.11  Electronic monitoring devices.--
693     (6)  For any probationer or community controllee placed on
694electronic monitoring under s. 948.30(3), the Department of
695Corrections shall use a system of active electronic monitoring
696that identifies the location of a monitored offender and that
697can produce, upon request, reports or records of the offender's
698presence near or within a crime scene or prohibited area or the
699offender's departure from a specified geographic location.
700     Section 21.  Paragraph (k) is added to subsection (3) of
701section 948.15, Florida Statutes, to read:
702     948.15  Misdemeanor probation services.--
703     (3)  Any private entity providing services for the
704supervision of misdemeanor probationers must contract with the
705county in which the services are to be rendered. In a county
706with a population of less than 70,000, the county court judge,
707or the administrative judge of the county court in a county that
708has more than one county court judge, must approve the contract.
709Terms of the contract must state, but are not limited to:
710     (k)  Procedures for accessing criminal history records of
711probationers.
712
713In addition, the entity shall supply the chief judge's office
714with a quarterly report summarizing the number of offenders
715supervised by the private entity, payment of the required
716contribution under supervision or rehabilitation, and the number
717of offenders for whom supervision or rehabilitation will be
718terminated. All records of the entity must be open to inspection
719upon the request of the county, the court, the Auditor General,
720the Office of Program Policy Analysis and Government
721Accountability, or agents thereof.
722     Section 22.  Subsection (2) of section 948.30, Florida
723Statutes, is amended, and subsection (3) is added to said
724section, to read:
725     948.30  Additional terms and conditions of probation or
726community control for certain sex offenses.--Conditions imposed
727pursuant to this section do not require oral pronouncement at
728the time of sentencing and shall be considered standard
729conditions of probation or community control for offenders
730specified in this section.
731     (2)  Effective for a probationer or community controllee
732whose crime was committed on or after October 1, 1997, and who
733is placed on community control or sex offender probation for a
734violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
735in addition to any other provision of this section subsection,
736the court must impose the following conditions of probation or
737community control:
738     (a)  As part of a treatment program, participation at least
739annually in polygraph examinations to obtain information
740necessary for risk management and treatment and to reduce the
741sex offender's denial mechanisms. A polygraph examination must
742be conducted by a polygrapher trained specifically in the use of
743the polygraph for the monitoring of sex offenders, where
744available, and shall be paid for by the sex offender. The
745results of the polygraph examination shall not be used as
746evidence in court to prove that a violation of community
747supervision has occurred.
748     (b)  Maintenance of a driving log and a prohibition against
749driving a motor vehicle alone without the prior approval of the
750supervising officer.
751     (c)  A prohibition against obtaining or using a post office
752box without the prior approval of the supervising officer.
753     (d)  If there was sexual contact, a submission to, at the
754probationer's or community controllee's expense, an HIV test
755with the results to be released to the victim or the victim's
756parent or guardian.
757     (e)  Electronic monitoring when deemed necessary by the
758community control or probation officer and his or her
759supervisor, and ordered by the court at the recommendation of
760the Department of Corrections.
761     (3)  Effective for a probationer or community controllee
762whose crime was committed on or after September 1, 2005, and who
763is on community control or sex offender probation for a
764violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
765or who is designated a sexual predator under s. 775.21, in
766addition to any other provision of this section, the court shall
767order electronic monitoring as provided in s. 948.11(6).
768     Section 23.  Subsection (1) of section 1012.465, Florida
769Statutes, is amended to read:
770     1012.465  Background screening requirements for certain
771noninstructional school district employees and contractors.--
772     (1)  Noninstructional school district employees or
773contractual personnel who are permitted access on school grounds
774when students are present, who have direct contact with
775students, or who have access to or control of school funds must
776meet level 2 screening requirements as described in s. 1012.32.
777Contractual personnel shall include any vendor, individual, or
778entity under contract with the school board.
779     Section 24.  The Office of Program Policy Analysis and
780Governmental Accountability shall perform a study of the
781effectiveness of Florida's sexual predator and sexual offender
782registration process and community and public notification
783provisions. As part of determining the effectiveness of the
784registration process, the OPPAGA shall examine the current
785practice of Department of Corrections, county probation offices,
786clerk of courts, court administrators, county jails and booking
787facilities, Department of Children and Family Services, judges,
788state attorneys offices, Department of Highway Safety and Motor
789Vehicles, Department of Law Enforcement, and local law
790enforcement agencies as it relates to: sharing of offender
791information regarding registered sexual predators and sexual
792offenders for purposes of fulfilling the requirements set forth
793in the registration laws; insuring the most current and
794comprehensive information is provided in a timely manner to the
795registry; insuring the effective supervision and subsequent
796monitoring of sexual predators and offenders; and insuring
797informed decisions are made at each point of the criminal
798justice and registration process. In addition to determining the
799effectiveness of the registration process, the report shall
800focus on the question of whether the notification provisions are
801sufficient to apprise communities of the presence of sexual
802predators and sexual offenders. The report shall examine how
803local law enforcement agencies collect and disseminate
804information in an effort to notify the public and communities of
805the presence of sexual predators and offenders. If the report
806finds deficiencies in the registration process, the notification
807provisions, or both, the report shall provide options for
808correcting those deficiencies and shall include the projected
809cost of implementing those options. In conducting the study, the
810Office of Program Policy Analysis and Governmental
811Accountability shall consult with the Florida Council Against
812Sexual Violence and the Florida Association for the Treatment of
813Sexual Abusers in addition to other interested entities that may
814offer experiences and perspectives unique to this area of
815research. The report shall be submitted to the President of the
816Senate and the Speaker of the House of Representatives on three
817year intervals with the initial report being due on January 1,
8182006.
819     Section 25.  If any provision of this act or its
820application to any person or circumstance is held invalid, the
821invalidity does not affect other provisions or applications of
822the act that can be given effect without the invalid provision
823or application, and to this end the provisions of this act are
824declared severable.
825     Section 26.  This act shall take effect September 1, 2005.
826
827================= T I T L E  A M E N D M E N T =================
828     Remove the entire title and insert:
829
A bill to be entitled
830An act relating to sexual predators and sexual offenders;
831providing a popular name; amending s. 216.136, F.S.;
832assigning an additional responsibility to the Criminal
833Justice Estimating Conference; amending s. 775.082, F.S.;
834providing for specified sentencing of persons convicted of
835the life felony offense in s. 800.04(5)(b), F.S.; creating
836s. 775.0821, F.S.; creating a felony offense for removing,
837altering, or failing to maintain an electronic monitoring
838device for the purpose of committing a crime; providing
839criminal penalties; amending s. 775.21, F.S.; revising
840criteria for sexual predator designation; requiring
841certain notification of sentence; providing for electronic
842monitoring; extending period for petition to remove sexual
843predator designation; creating s. 775.235, F.S.;
844prohibiting the harboring of a sexual predator or sexual
845offender; providing criminal penalties; amending s.
846800.04, F.S.; providing that it is a life felony for an
847offender 18 years of age or older to commit lewd or
848lascivious molestation against a victim younger than 12
849years of age; amending s. 921.0022, F.S.; revising ranking
850for certain offenses involving sexual predators and sexual
851offenders failing to comply with registration
852requirements; ranking offenses involving sexual predators
853and sexual offenders failing to comply with registration
854and other requirements; amending s. 921.141, F.S.;
855creating an aggravating circumstance pertaining to sexual
856predators for purposes of imposing the death penalty;
857amending s. 943.043, F.S.; requiring the Department of
858Corrections to share information with local law
859enforcement agencies to assist in determining the
860potential whereabouts of registered sexual predators and
861sexual offenders; amending s. 943.0435, F.S.; revising
862provisions relating to sexual offender registration;
863creating s. 943.04352, F.S.; requiring a search of the
864sexual offender and sexual predator registry by entities
865providing probation services; amending s. 944.606, F.S.;
866requiring the Department of Corrections to provide
867information regarding electronic monitoring to the
868Department of Law Enforcement; amending s. 944.607, F.S.;
869requiring sexual offenders sentenced to electronic
870monitoring to provide such information to the Department
871of Corrections and for such department to provide that
872information to the Department of Law Enforcement; amending
873s. 947.1405, F.S.; requiring sexual offenders and sexual
874predators on conditional release to be placed on
875electronic monitoring; requiring the Parole Commission to
876order sexual offenders and sexual predators on conditional
877release to be returned to prison until expiration of
878sentence for any material violation of supervision;
879creating s. 947.1406, F.S.; providing requirements for
880electronic monitoring of sexual offenders and sexual
881predators on conditional release; amending s. 948.06,
882F.S.; requiring electronic monitoring for any violation of
883probation or community control supervision by certain
884offenders and sexual predators; creating s. 948.061, F.S.;
885requiring the Department of Corrections to develop a risk
886assessment and alert system to monitor certain offenders
887placed on probation or community control; authorizing the
888department to adopt rules; requiring the department to
889have fingerprint-reading equipment and capability by a
890specified date; amending s. 948.11, F.S.; providing
891requirements for electronic monitoring of sexual offenders
892and sexual predators on community control or probation;
893amending s. 948.30, F.S.; requiring sexual offenders and
894sexual predators on community control or probation to be
895placed on electronic monitoring; requiring a study by the
896Office of Program Policy Analysis and Governmental
897Accountability of the effectiveness of Florida's sexual
898predator and sexual offender registration process and
899community and public notification provisions; providing
900for severability; providing an effective date.


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